Guidance for Changes, Tests, and Experiments, 25077-25079 [2019-11246]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices • Email: nsfscqis@nsf.gov. Email submissions should be machinereadable and not be copyright-protected. Submissions should include ‘‘RFI Response: National Strategic Overview for Quantum Information Science’’ in the subject line of the message. • Direct input to the website: https:// www.surveymonkey.com/r/QIS-RFI_ Responses. Instructions: Response to this RFI is voluntary. Each individual or institution is requested to submit only one response. Submissions must not exceed the equivalent of one page for each question, or eight pages total, in 12 point or larger font, with a page number provided on each page. Responses should include the name of the person(s) or organization(s) filing the comment. Responses to this RFI may be posted online as discussions proceed. Therefore, we request that no business proprietary information, copyrighted information, or personally identifiable information be submitted in response to this RFI. In accordance with FAR 15.202(3), responses to this notice are not offers and cannot be accepted by the Government for the purposes of forming a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI. FOR FURTHER INFORMATION CONTACT: C. Denise Caldwell at (703) 292–7371 or nsfscqis@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m. (ET), Monday through Friday for assistance. SUPPLEMENTARY INFORMATION: The National Science and Technology Council’s Subcommittee on Quantum Information Science released its ‘‘National Strategic Overview for Quantum Information Science’’ (hereafter ‘‘Strategic Overview’’) in September 2018. This document calls upon agencies to develop plans to address six identified key policy areas to enable continued American leadership in quantum information science. On December 21, 2018, the National Quantum Initiative Act was signed into law to further the Nation’s efforts in quantum information science. Now the NSTC Subcommittee on Quantum Information Science seeks public input to inform the Subcommittee as the Government develops the means to address the specific policy recommendations included in the ‘‘Strategic Overview’’ and the overall goals of the National Quantum Initiative Act. Responders are VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 asked to answer one or more of the following questions, consistent with the prior published RFI: 1. What specific actions could the U.S. Government take that would contribute best to implementing the policy recommendations in the Strategic Overview? What challenges, not listed in section 3, should also be taken into account in implementation of the Strategic Overview recommendations? 2. What are the scientific and technological challenges that, with substantial resources and focus over the next ten years, will transform the QIS research and development landscape? 3. Regarding industrial engagement, what roles can the U.S. Government play in enabling the innovation ecosystem around QIS-related technologies? Are there critical barriers for industrial innovation in this space? How can these barriers be addressed? What role can the U.S. Government play in mitigating early or premature investment risks? 4. How can the U.S. Government engage with academia and other workforce development programs and stakeholders to appropriately train and maintain researchers in QIS while expanding the size and scope of the ‘quantum-smart’ workforce? 5. What existing infrastructure should be leveraged, and what new infrastructure could be considered, to foster future breakthroughs in QIS research and development? 6. What other activities/partnerships could the U.S. Government use to engage with stakeholders to ensure America’s prosperity and economic growth through QIS research and development? 7. How can the United States continue to attract and retain the best domestic and international talent and expertise in QIS? 8. How can the United States ensure that U.S. researchers in QIS have access to cutting-edge international technologies, research facilities, and knowledge? Reference: National Strategic Overview for Quantum Information Science, https://www.whitehouse.gov/ wp-content/uploads/2018/09/NationalStrategic-Overview-for-QuantumInformation-Science.pdf. Submitted by the National Science Foundation in support of the NSTC Subcommittee on Quantum Information Science on May 24, 2019. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2019–11317 Filed 5–29–19; 8:45 am] BILLING CODE 7555–01–P PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 25077 NUCLEAR REGULATORY COMMISSION [NRC–2016–0270 and NRC–2019–0086] Guidance for Changes, Tests, and Experiments Nuclear Regulatory Commission. ACTION: Regulatory guide, issuance; draft regulatory guide, request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 of regulatory guide (RG) 1.187, ‘‘Guidance for Implementation of 10 CFR 50.59, ‘Changes, Tests, and Experiments.’ ’’ Concurrently the NRC is issuing for public comment DG–1356, which is proposed Revision 2 of RG 1.187. SUMMARY: Revision 1 to RG 1.187 is available on May 30, 2019. Submit comments on DG–1356 [NRC– 2019–0086] by July 15, 2019. Because of the extensive communication about NEI 96–07 Appendix D over the past year, the NRC believes that stakeholders will be able to submit comments quickly. In addition, the NRC seeks to issue DG– 1356 as expeditiously as possible. Therefore, the NRC is publishing the DG–1356 with a 45-day comment period. 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: Please refer to Docket ID NRC–2016–0270 when contacting the NRC about the availability of information regarding RG 1.187, Revision 1. You may obtain publiclyavailable information related to RG 1.187, Revision 1, by using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for RG 1.187, Revision 1, by using Docket ID NRC–2016–0270. 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 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 Documents collection at DATES: E:\FR\FM\30MYN1.SGM 30MYN1 25078 Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices 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. Revision 1 to RG 1.187 and the regulatory analysis may be found in ADAMS under Accession Nos. ML17195A655 and ML16089A379 respectively. Please refer to Docket ID NRC–2019– 0086 when contacting the NRC about DG–1356 (proposed RG 1.187, Revision 2). You may submit comments on DG– 1356 (ADAMS Accession No. ML19045A435) by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID: NRC–2019–0086. 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– 7A06, 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. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. FOR FURTHER INFORMATION CONTACT: Philip McKenna, telephone: 301–415– 0037; email: Philip.McKenna@nrc.gov, or Stephen Burton, telephone: 301–415– 0038; email: Stephen.Burton@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with NOTICES I. Discussion The NRC is issuing a revision to an existing guide 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 agency’s regulations, techniques that the NRC staff uses in evaluating specific issues or postulated events, and data that the NRC staff needs in its review of applications for permits and licenses. VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 The purpose of issuing the final RG 1.187, Revision 1, concurrent with issuing DG–1356 for comment is to provide clarity for, and coordination of, NRC activities on guidance for implementing section 50.59 of title 10 of the Code of Federal Regulations (10 CFR). Revision 1 of RG 1.187 was issued with a temporary identification of Draft Regulatory Guide, DG–1334. RG 1.187, Revision 1, endorses, with clarifications, Nuclear Energy Institute (NEI) 96–07, ‘‘Guidelines for 10 CFR 50.59 Evaluations,’’ which provides licensees with a method that the staff considers acceptable for use in complying with the Commission’s regulations on the process by which licensees, under certain conditions, may make changes to their facilities and procedures as described in the final safety analysis report (FSAR), and conduct tests or experiments not described in the FSAR, without prior NRC approval. Concurrent with issuing Revision 1 of RG 1.187, the NRC is issuing DG–1356 for public comment under NRC docket number NRC–2019–0086. DG–1356 proposes additional guidance on digital instrumentation and control modifications. Specifically, DG–1356 endorses with exceptions and clarifications, NEI 96–07, Appendix D, Revision 0, ‘‘Supplemental Guidance for Application of 10 CFR 50.59 to Digital Modifications.’’ If finalized, DG–1356 would become RG 1.187, Revision 2. II. Additional Information: RG 1.187, Revision 1 The NRC published a notice of the availability of DG–1334 in the Federal Register on December 23, 2016 (81 FR 94275) for a 60-day public comment period. The public comment period closed on February 21, 2017. Public comments on DG–1334 and the staff responses to the public comments are available in ADAMS under Accession No. ML18123A363. The NRC is issuing RG 1.187, Revision 1, to implement lessonslearned from the NRC Report ‘‘Review of Lessons Learned from the San Onofre Steam Generator Tube Degradation Event,’’ dated March 6, 2015. (ADAMS Package Accession No. ML15062A125). Specifically, RG 1.187, Revision 1, clarifies statements in Section 4.3.8 of NEI 96–07, Revision 1, regarding the definition in 10 CFR 50.59(a)(2) of ‘‘departure from a method of evaluation described in the FSAR (as updated).’’ Revision 1 also clarifies statements in Section 4.3.5 of NEI 96–07, Revision 1, regarding the meaning in 10 CFR 50.59(c)(2)(v) of ‘‘an accident of a different type than any previously PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 evaluated in the final safety analysis report (as updated).’’ This revision of RG 1.187 explains how licensees should apply these NEI guidelines to ensure they are meeting the requirements of 10 CFR 50.59. III. Additional Information: DG–1356 (Draft RG 1.187, Revision 2) 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, titled, ‘‘Guidance for Implementation of 10 CFR 50.59, ‘Changes, Tests, and Experiments,’ ’’ temporarily identified by its task number, DG–1356, is proposed Revision 2 of RG 1.187. DG–1356 provides guidance on complying with the requirements of 10 CFR 50.59 when performing a digital instrumentation and controls (digital I&C) modification. Specifically, Nuclear Energy Institute (NEI) 96–07, Appendix D, Revision 0, ‘‘Supplemental Guidance for Application of 10 CFR 50.59 to Digital Modifications,’’ was submitted to the NRC on November 30, 2018. As discussed in Section C of RG 1.187, DG– 1356 endorses NEI 96–07 and finds that it provides an acceptable approach for the application of 10 CFR 50.59 guidance when conducting digital I&C modifications, with certain exceptions and clarifications. DG–1356 is being issued for public comment to facilitate the Commission’s direction in the Staff Requirements Memorandum (SRM)—SECY–16–0070, ‘‘Staff Requirements—SECY–16–0070— Integrated Strategy to Modernize the Nuclear Regulatory Commission’s Digital Instrumentation and Control Regulatory Infrastructure’’ (ADAMS Accession No. ML16299A157). The NRC staff has engaged the public, NEI, and industry representatives to improve the guidance for applying 10 CFR 50.59 to digital I&C-related design modifications as part of a broader effort to modernize the regulatory infrastructure for digital I&C. IV. Congressional Review Act RG 1.187, Revision 1, is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Notices For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. defined in the Congressional Review Act. V. Backfitting and Issue Finality Revision 1 of Regulatory Guide 1.187 [FR Doc. 2019–11246 Filed 5–29–19; 8:45 am] Revision 1 of Regulatory Guide 1.187 clarifies statements in Section 4.3.8 and 4.3.5 of Nuclear Energy Institute (NEI) 96–07, Revision 1, ‘‘Guidelines for 10 CFR 50.59 Implementation’’ (ML003771157), which the NRC first endorsed in RG 1.187, Rev 0 (ML003759710). Issuance of RG 1.187, Revision 1, does not constitute backfitting under § 50.109 and is not otherwise inconsistent with issue finality under 10 CFR part 52. As discussed in the ‘‘Implementation’’ section of this RG, NRC staff does not intend or approve any imposition or backfitting of the guidance in this RG. If, in the future, the NRC seeks to impose a position in Revision 1 of RG 1.187 in a manner that does not provide issue finality as described in an applicable issue finality provision, then the NRC must address the criteria for avoiding issue finality as described in the applicable issue finality provision. jbell on DSK3GLQ082PROD with NOTICES Draft Regulatory Guide DG–1356 Draft regulatory guide DG–1356, if finalized as Regulatory Guide 1.187, Revision 2, would endorse NEI 96–07, Appendix D, with conditions and clarifications. NEI 96–07, Appendix D, and the NRC staff’s conditions and clarifications, provide guidance on the application of the 10 CFR 50.59 change process to digital I&C modifications. The draft regulatory guide, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52, ‘‘Licenses, Certifications and Approvals for Nuclear Power Plants.’’ As discussed in the ‘‘Implementation’’ section of this RG, NRC staff does not intend or approve any imposition or backfitting of the guidance in this RG. If, in the future, the NRC seeks to impose a position in Revision 2 of RG 1.187 in a manner that does not provide issue finality as described in an applicable issue finality provision, then the NRC must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 23rd day of May, 2019. VerDate Sep<11>2014 18:08 May 29, 2019 Jkt 247001 BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–293; NRC–2019–0098] Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued a partial exemption in response to a February 8, 2019, request from Entergy Nuclear Operations, Inc. (the licensee or Entergy). The issuance of the exemption would grant Entergy a partial exemption from regulations that require the retention of records for certain systems, structures, and components associated with the Pilgrim Nuclear Power Station (Pilgrim) until the termination of the Pilgrim operating license. DATES: The exemption was issued on May 21, 2019. ADDRESSES: Please refer to Docket ID NRC–2019–0098 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–2019–0098. 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 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 ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 25079 • 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: Scott P. Wall, Office of Nuclear Reactor Regulation; U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–2855; email: Scott.Wall@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the exemption is attached. Dated at Rockville, Maryland, this 24th day of May 2019. For the Nuclear Regulatory Commission. John G. Lamb, Senior Project Manager, Special Projects and Process Branch, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. NUCLEAR REGULATORY COMMISSION Docket No. 50-293 Entergy Nuclear Operations, Inc. Pilgrim Nuclear Power Station Exemption I. Background The Pilgrim Nuclear Power Station (Pilgrim) is a single-unit facility located in the town of Plymouth, Plymouth County, in the Commonwealth of Massachusetts. It is situated on the western coast of Cape Cod Bay, on approximately 1,600 acres of land. The Pilgrim facility employs a General Electric boiling-water reactor nuclear steam supply system licensed to generate 2,028 megawatts-thermal. The boiling-water reactor and supporting facilities are owned and operated by the Entergy Nuclear Operations, Inc. (Entergy, the licensee). Entergy is the holder of the Pilgrim Renewed Facility Operating License No. DPR-35. The license provides, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC, the Commission) now or hereafter in effect. By letter dated November 10, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15328A053), Entergy submitted a notification to the NRC indicating that it would permanently shut down Pilgrim no later than June 1, 2019. Once Entergy certifies that it has permanently defueled the Pilgrim reactor vessel and placed the fuel in the spent fuel pool (SFP), accordingly, pursuant to § 50.82(a)(2) of Title 10 of the Code of Federal Regulations (10 CFR), the Pilgrim renewed facility E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25077-25079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11246]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0270 and NRC-2019-0086]


Guidance for Changes, Tests, and Experiments

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide, issuance; draft regulatory guide, request for 
comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 of regulatory guide (RG) 1.187, ``Guidance for 
Implementation of 10 CFR 50.59, `Changes, Tests, and Experiments.' '' 
Concurrently the NRC is issuing for public comment DG-1356, which is 
proposed Revision 2 of RG 1.187.

DATES: Revision 1 to RG 1.187 is available on May 30, 2019.
    Submit comments on DG-1356 [NRC-2019-0086] by July 15, 2019. 
Because of the extensive communication about NEI 96-07 Appendix D over 
the past year, the NRC believes that stakeholders will be able to 
submit comments quickly. In addition, the NRC seeks to issue DG-1356 as 
expeditiously as possible. Therefore, the NRC is publishing the DG-1356 
with a 45-day comment period. 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: Please refer to Docket ID NRC-2016-0270 when contacting the 
NRC about the availability of information regarding RG 1.187, Revision 
1. You may obtain publicly-available information related to RG 1.187, 
Revision 1, by using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for RG 1.187, Revision 1, by using 
Docket ID NRC-2016-0270. Address questions about NRC docket IDs in 
regulations.gov to Jennifer Borges; telephone: 301-287-9127; email: 
[email protected]. 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 Documents collection at

[[Page 25078]]

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]. Revision 1 
to RG 1.187 and the regulatory analysis may be found in ADAMS under 
Accession Nos. ML17195A655 and ML16089A379 respectively.
    Please refer to Docket ID NRC-2019-0086 when contacting the NRC 
about DG-1356 (proposed RG 1.187, Revision 2). You may submit comments 
on DG-1356 (ADAMS Accession No. ML19045A435) by any of the following 
methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID: NRC-2019-0086. 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-7A06, 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.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Philip McKenna, telephone: 301-415-
0037; email: [email protected], or Stephen Burton, telephone: 301-
415-0038; email: [email protected]. Both are staff of the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a revision to an existing guide 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 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses.
    The purpose of issuing the final RG 1.187, Revision 1, concurrent 
with issuing DG-1356 for comment is to provide clarity for, and 
coordination of, NRC activities on guidance for implementing section 
50.59 of title 10 of the Code of Federal Regulations (10 CFR).
    Revision 1 of RG 1.187 was issued with a temporary identification 
of Draft Regulatory Guide, DG-1334. RG 1.187, Revision 1, endorses, 
with clarifications, Nuclear Energy Institute (NEI) 96-07, ``Guidelines 
for 10 CFR 50.59 Evaluations,'' which provides licensees with a method 
that the staff considers acceptable for use in complying with the 
Commission's regulations on the process by which licensees, under 
certain conditions, may make changes to their facilities and procedures 
as described in the final safety analysis report (FSAR), and conduct 
tests or experiments not described in the FSAR, without prior NRC 
approval.
    Concurrent with issuing Revision 1 of RG 1.187, the NRC is issuing 
DG-1356 for public comment under NRC docket number NRC-2019-0086. DG-
1356 proposes additional guidance on digital instrumentation and 
control modifications. Specifically, DG-1356 endorses with exceptions 
and clarifications, NEI 96-07, Appendix D, Revision 0, ``Supplemental 
Guidance for Application of 10 CFR 50.59 to Digital Modifications.'' If 
finalized, DG-1356 would become RG 1.187, Revision 2.

II. Additional Information: RG 1.187, Revision 1

    The NRC published a notice of the availability of DG-1334 in the 
Federal Register on December 23, 2016 (81 FR 94275) for a 60-day public 
comment period. The public comment period closed on February 21, 2017. 
Public comments on DG-1334 and the staff responses to the public 
comments are available in ADAMS under Accession No. ML18123A363.
    The NRC is issuing RG 1.187, Revision 1, to implement lessons-
learned from the NRC Report ``Review of Lessons Learned from the San 
Onofre Steam Generator Tube Degradation Event,'' dated March 6, 2015. 
(ADAMS Package Accession No. ML15062A125).
    Specifically, RG 1.187, Revision 1, clarifies statements in Section 
4.3.8 of NEI 96-07, Revision 1, regarding the definition in 10 CFR 
50.59(a)(2) of ``departure from a method of evaluation described in the 
FSAR (as updated).'' Revision 1 also clarifies statements in Section 
4.3.5 of NEI 96-07, Revision 1, regarding the meaning in 10 CFR 
50.59(c)(2)(v) of ``an accident of a different type than any previously 
evaluated in the final safety analysis report (as updated).'' This 
revision of RG 1.187 explains how licensees should apply these NEI 
guidelines to ensure they are meeting the requirements of 10 CFR 50.59.
III. Additional Information: DG-1356 (Draft RG 1.187, Revision 2)
    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, titled, ``Guidance for Implementation of 10 CFR 50.59, 
`Changes, Tests, and Experiments,' '' temporarily identified by its 
task number, DG-1356, is proposed Revision 2 of RG 1.187. DG-1356 
provides guidance on complying with the requirements of 10 CFR 50.59 
when performing a digital instrumentation and controls (digital I&C) 
modification. Specifically, Nuclear Energy Institute (NEI) 96-07, 
Appendix D, Revision 0, ``Supplemental Guidance for Application of 10 
CFR 50.59 to Digital Modifications,'' was submitted to the NRC on 
November 30, 2018. As discussed in Section C of RG 1.187, DG-1356 
endorses NEI 96-07 and finds that it provides an acceptable approach 
for the application of 10 CFR 50.59 guidance when conducting digital 
I&C modifications, with certain exceptions and clarifications.
    DG-1356 is being issued for public comment to facilitate the 
Commission's direction in the Staff Requirements Memorandum (SRM)--
SECY-16-0070, ``Staff Requirements--SECY-16-0070--Integrated Strategy 
to Modernize the Nuclear Regulatory Commission's Digital 
Instrumentation and Control Regulatory Infrastructure'' (ADAMS 
Accession No. ML16299A157). The NRC staff has engaged the public, NEI, 
and industry representatives to improve the guidance for applying 10 
CFR 50.59 to digital I&C-related design modifications as part of a 
broader effort to modernize the regulatory infrastructure for digital 
I&C.

IV. Congressional Review Act

    RG 1.187, Revision 1, is a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget has not found it to be a major rule as

[[Page 25079]]

defined in the Congressional Review Act.

V. Backfitting and Issue Finality

Revision 1 of Regulatory Guide 1.187

    Revision 1 of Regulatory Guide 1.187 clarifies statements in 
Section 4.3.8 and 4.3.5 of Nuclear Energy Institute (NEI) 96-07, 
Revision 1, ``Guidelines for 10 CFR 50.59 Implementation'' 
(ML003771157), which the NRC first endorsed in RG 1.187, Rev 0 
(ML003759710). Issuance of RG 1.187, Revision 1, does not constitute 
backfitting under Sec.  50.109 and is not otherwise inconsistent with 
issue finality under 10 CFR part 52. As discussed in the 
``Implementation'' section of this RG, NRC staff does not intend or 
approve any imposition or backfitting of the guidance in this RG. If, 
in the future, the NRC seeks to impose a position in Revision 1 of RG 
1.187 in a manner that does not provide issue finality as described in 
an applicable issue finality provision, then the NRC must address the 
criteria for avoiding issue finality as described in the applicable 
issue finality provision.

Draft Regulatory Guide DG-1356

    Draft regulatory guide DG-1356, if finalized as Regulatory Guide 
1.187, Revision 2, would endorse NEI 96-07, Appendix D, with conditions 
and clarifications. NEI 96-07, Appendix D, and the NRC staff's 
conditions and clarifications, provide guidance on the application of 
the 10 CFR 50.59 change process to digital I&C modifications. The draft 
regulatory guide, if finalized, would not constitute backfitting as 
defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52, 
``Licenses, Certifications and Approvals for Nuclear Power Plants.'' As 
discussed in the ``Implementation'' section of this RG, NRC staff does 
not intend or approve any imposition or backfitting of the guidance in 
this RG. If, in the future, the NRC seeks to impose a position in 
Revision 2 of RG 1.187 in a manner that does not provide issue finality 
as described in an applicable issue finality provision, then the NRC 
must address the criteria for avoiding issue finality as described in 
the applicable issue finality provision.

    Dated at Rockville, Maryland, this 23rd day of May, 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. 2019-11246 Filed 5-29-19; 8:45 am]
BILLING CODE 7590-01-P
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