Interim Staff Guidance: Advanced Reactor Content of Application Project, “Risk-Informed Technical Specifications”, 23073-23075 [2024-07030]
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
ISG–2022–01 to address specific ACRS
recommendations.
Draft DANU–ISG–2022–01, ‘‘Review
of Risk-Informed, Technology-Inclusive
Advanced Reactor Applications—
Roadmap,’’ was published in the
Federal Register for public comment on
May 25, 2023, (88 FR 33924) with a 45day comment period. Subsequently, the
comment period was extended by 30
days as noted in the Federal Register
dated June 28, 2023 (88 FR 41988). The
NRC staff received sixty-eight public
comments from stakeholders. The NRC
staff’s evaluation and resolution of the
public comments can be found in a
document located in ADAMS under
Accession No. ML23277A148.
IV. Congressional Review Act
DANU–ISG–2022–01, ‘‘Review of
Risk-Informed, Technology-Inclusive
Advanced Reactor Applications—
Roadmap,’’ 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 defined in the
Congressional Review Act.
V. Backfitting, Forward Fitting, and
Issue Finality
lotter on DSK11XQN23PROD with NOTICES1
DANU–ISG–2022–01 does not
constitute backfitting as defined in 10
CFR 50.109, ‘‘Backfitting,’’ and as
described in Management Directive
(MD) 8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests’’; does not
constitute forward fitting as that term is
defined and described in MD 8.4; and
does not affect the issue finality of any
approval issued under 10 CFR part 52.
The guidance would not apply to any
current licensees or applicants or
existing or requested approvals under
10 CFR part 52, and therefore its
issuance cannot be a backfit or forward
fit or affect issue finality. Further, as
explained in DANU–ISG–2022–01,
applicants and licensees would not be
required to comply with the positions
set forth in DANU–ISG–2022–01.
Dated: March 28, 2024.
For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch,
Division of Advanced Reactors and NonPower Production and Utilization Facilities,
Office of Nuclear Reactor Regulation.
[FR Doc. 2024–07023 Filed 4–2–24; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0081]
Interim Staff Guidance: Advanced
Reactor Content of Application Project,
‘‘Risk-Informed Technical
Specifications’’
Nuclear Regulatory
Commission.
ACTION: Final guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Interim
Staff Guidance (ISG) DANU–ISG–2022–
08, ‘‘Risk-Informed Technical
Specifications.’’ The purpose of this ISG
is to provide guidance for prospective
applicants in preparing applications for
non-light water reactor (non-LWR)
designs that use the Licensing
Modernization Project (LMP) process
and to assist the NRC staff in
determining whether such applications
meet the minimum requirements for
construction permits, operating licenses,
combined licenses, manufacturing
licenses, standard design approval, or
design certifications.
DATES: This guidance is effective on
April 3, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2022–0081 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–2022–0081. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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 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, at
301–415–4737, or by email to
PRD.Resource@nrc.gov. The ISG,
DANU–ISG–2022–08, ‘‘Risk-Informed
Technical Specifications,’’ is available
in ADAMS under Accession No.
ML23277A146.
• NRC’s PDR: The PDR, where you
may examine and order copies of
SUMMARY:
PO 00000
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Fmt 4703
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23073
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
James O’Driscoll, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
1325; email: James.O’Driscoll@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC staff anticipates the
submission of advanced power-reactor
applications within the next few years
based on preapplication engagement
initiated by several prospective
applicants. Because many of these
designs are non-LWRs, the NRC staff
developed technology-inclusive, riskinformed, performance-based guidance
to support the development and review
of these non-LWR applications. The
guidance will facilitate the development
and review of non-LWR applications for
construction permits or operating
licenses under part 50 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ or combined
licenses, manufacturing licenses,
standard design approval, or design
certifications under 10 CFR part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ The NRC
staff notes it is developing a rule to
amend 10 CFR parts 50 and 52 to align
reactor licensing processes and
incorporate lessons learned from new
reactor licensing into the regulations
(RIN 3150–Al66). This ISG may need to
be updated to conform to changes to 10
CFR parts 50 and 52, if any, adopted
through that rulemaking. Further, as of
the date of this final ISG, the NRC staff
is developing an optional performancebased, technology-inclusive regulatory
framework for licensing nuclear power
plants designated as 10 CFR part 53
(RIN 3150–AK31). The NRC intends to
revise this guidance as a part of the
ongoing rulemaking for 10 CFR part 53.
To standardize the development of
content of a non-LWR application, the
NRC staff focused on two activities: the
Advanced Reactor Content of
Application Project (ARCAP) and the
Technology-Inclusive Content of
Application Project (TICAP). The
ARCAP is an NRC-led activity that is
intended to result in guidance for a
complete non-LWR application for
review under 10 CFR part 50 or 10 CFR
E:\FR\FM\03APN1.SGM
03APN1
23074
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
part 52, and which the NRC staff would
update, as appropriate, pending the
issuance of the 10 CFR part 50 and 10
CFR part 52 rulemaking as previously
mentioned in this notice, or if the
Commission issues a final 10 CFR part
53 rule. As a result, the ARCAP is broad
and encompasses several industry-led
and NRC-led guidance document
development activities aimed at
facilitating a consistent approach to the
development of application documents.
The TICAP is an industry-led activity
that is focused on providing guidance
on the appropriate scope and depth of
information related to the specific
portions of the safety analysis report
that describe the fundamental safety
functions of the design and document
the safety analysis of the facility using
the LMP-based approach. The LMPbased approach is described in
Regulatory Guide (RG) 1.233, ‘‘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,’’
(ADAMS Accession No. ML20091L698).
The ARCAP ISG titled ‘‘Review of
Risk-Informed, Technology Inclusive
Advanced Reactor Applications—
Roadmap’’ (ARCAP Roadmap ISG) was
developed to provide a general overview
of the information that should be
included in a non-LWR application. The
ARCAP Roadmap ISG also provides a
review roadmap for the NRC staff with
the principal purpose of ensuring
consistency, quality, and uniformity of
NRC staff reviews. The ARCAP
Roadmap ISG includes references to
eight other ARCAP ISGs and a TICAP
RG that are the subject of separate
Federal Register notices (FRNs)
notifying the public of the issuance of
these guidance documents. Information
regarding the eight other ARCAP ISGs
and the TICAP RG can be found in the
table at the end of the ‘‘Discussion’’
section.
II. Discussion
The ARCAP ISG titled, ‘‘RiskInformed Technical Specifications,’’
that is the subject of this FRN, was
developed because the current
application and review guidance related
to technical specifications is directly
applicable only to light water reactors
and may not fully (or efficiently)
identify the information to be included
in a technology-inclusive, riskinformed, and performance-based
application or provide a review
approach for such an application.
The table in this notice provides the
document description, ADAMS
accession number, and, if appropriate,
the docket identification number.
Document description
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Interim Staff Guidance DANU–ISG–2022–01, ‘‘Advanced Reactor Content of Application Project, ‘Review of
Risk-Informed, Technology-Inclusive Advanced Reactor Applications—Roadmap’ ’’ .....................................
Interim Staff Guidance DANU–ISG–2022–02, ‘‘Advanced Reactor Content of Application Project Chapter 2,
‘Site Information’ ’’ ............................................................................................................................................
Interim Staff Guidance DANU–ISG–2022–03, ‘‘Advanced Reactor Content of Application Project Chapter 9,
‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste’ ’’ .............................
Interim Staff Guidance DANU–ISG–2022–04, ‘‘Advanced Reactor Content of Application Project Chapter 10,
‘Control of Occupational Dose’ ’’ ......................................................................................................................
Interim Staff Guidance DANU–ISG–2022–05, ‘‘Advanced Reactor Content of Application Project Chapter 11,
‘Organization and Human-System Considerations’ ’’ .......................................................................................
Interim Staff Guidance DANU–ISG–2022–06, ‘‘Advanced Reactor Content of Application Project Chapter 12,
‘Post-manufacturing and construction Inspection, Testing, and Analysis Program’ ’’ .....................................
Interim Staff Guidance DANU–ISG–2022–07, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs’ ’’ .....................................................
Interim Staff Guidance DANU–ISG–2022–08, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Technical Specifications’ ’’ ...................................................................................................................
Interim Staff Guidance DANU–ISG–2022–09, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Performance-Based Fire Protection Program (for Operations)’ ’’ ........................................................
RG 1.253, Revision 0, ‘‘Guidance for a Technology-Inclusive Content of Application Methodology to Inform
the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-LightWater Reactors’’ ...............................................................................................................................................
Regulatory Analysis for ARCAP ISGs .................................................................................................................
Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application
Project Guidance ..............................................................................................................................................
Response to the Advisory Committee on Reactor Safeguards Letter, ‘‘Review of Advanced Reactor Content
of Application Project/Technology-Inclusive Content of Application Project Guidance’’ .................................
III. Additional Information
During the 711th meeting of the
Advisory Committee on Reactor
Safeguards (ACRS), December 6–7,
2023, the ACRS, the NRC staff, and
representatives of other stakeholders
discussed guidance documents related
to the ARCAP and the TICAP. On
December 20, 2023, the ACRS issued a
report documenting its review of these
guidance documents (ADAMS
Accession No. ML23348A182). The
conclusions and recommendations in
the ACRS report apply to all the ARCAP
and TICAP guidance documents. In its
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18:18 Apr 02, 2024
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December 2023 report, the ACRS did
not recommend any specific changes to
DANU–ISG–2022–08.
Draft DANU–ISG–2022–08, ‘‘RiskInformed Technical Specifications,’’
was published in the Federal Register
for public comment on May 25, 2023,
(88 FR 33926) with a 45-day comment
period. Subsequently, the comment
period was extended by 30 days as
noted in the Federal Register dated June
28, 2023 (88 FR 41990). The NRC staff
received eight public comments from
stakeholders. The NRC staff’s evaluation
and resolution of the public comments
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
ADAMS
accession No.
Regulations.gov
docket ID No.
ML23277A139
NRC–2022–0074
ML23277A140
NRC–2022–0075
ML23277A141
NRC–2022–0076
ML23277A142
NRC–2022–0077
ML23277A143
NRC–2022–0078
ML23277A144
NRC–2022–0079
ML23277A145
NRC–2022–0080
ML23277A146
NRC–2022–0081
ML23277A147
NRC–2022–0082
ML23269A222
ML23093A099
NRC–2022–0073
NRC–2022–0074
ML23348A182
NRC–2022–0074
ML24024A025
NRC–2022–0074
can be found in a document located in
ADAMS under Accession No.
ML23277A155.
IV. Congressional Review Act
DANU–ISG–2022–08, ‘‘Risk-Informed
Technical Specifications,’’ 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
defined in the Congressional Review
Act.
E:\FR\FM\03APN1.SGM
03APN1
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
V. Backfitting, Forward Fitting, and
Issue Finality
DANU–ISG–2022–08 does not
constitute backfitting as defined in 10
CFR 50.109, ‘‘Backfitting,’’ and as
described in Management Directive
(MD) 8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests’’; does not
constitute forward fitting as that term is
defined and described in MD 8.4; and
does not affect the issue finality of any
approval issued under 10 CFR part 52.
The guidance would not apply to any
current licensees or applicants or
existing or requested approvals under
10 CFR part 52, and therefore its
issuance cannot be a backfit or forward
fit or affect issue finality. Further, as
explained in DANU–ISG–2022–08,
applicants and licensees would not be
required to comply with the positions
set forth in DANU–ISG–2022–08.
Dated: March 28, 2024.
For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch,
Division of Advanced Reactors and NonPower Production and Utilization Facilities,
Office of Nuclear Reactor Regulation.
[FR Doc. 2024–07030 Filed 4–2–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–238; NRC–2024–0060]
United States Maritime Administration;
Nuclear Ship Savannah; License
Termination Plan
Nuclear Regulatory
Commission.
ACTION: Public meeting and request for
comment.
AGENCY:
On October 23, 2023, the U.S.
Nuclear Regulatory Commission (NRC)
received from the United States
Maritime Administration (MARAD, the
licensee) a license amendment request
to include a License Termination Plan
(LTP) for the Nuclear Ship Savannah
(NS Savannah). The LTP provides
details about the known radiological
information for the ship, the planned
demolition and decommissioning tasks
to be completed, and the final
radiological surveys and data that must
be obtained for termination of the NRC’s
license for NS Savannah. The NRC is
requesting public comments on NS
Savannah’s LTP and will hold a public
meeting to discuss the LTP.
DATES: The public meeting will be held
on Wednesday, May 8, 2024, from 6
p.m. to 7:30 p.m., eastern time (ET),
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SUMMARY:
VerDate Sep<11>2014
18:18 Apr 02, 2024
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onboard the NS Savannah, online, or by
phone. The NS Savannah is located at
Pier 13 Canton Marine Terminal, 4601
Newgate Avenue, Baltimore, MD 21124.
The public meeting is also available
through an online webinar. See Section
III ‘‘Request for Comment and Public
Meeting’’ of this document for
additional information. Submit
comments by June 3, 2024. 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.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0060. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual 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:
Tanya E. Hood, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–1387; email: Tanya.Hood@
nrc.gov.
23075
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, at
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.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. ET,
Monday through Friday, except Federal
holidays.
A. Obtaining Information
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0060 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.
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.
Please refer to Docket ID NRC–2024–
0060 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available 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–2024–0060.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
II. Discussion
The United States Maritime
Administration (MARAD, the licensee)
is the holder of Facility Operating
License, NS–1. The license provides,
among other things, that the Nuclear
Ship Savannah (NS Savannah) is subject
to all rules, regulations, and orders of
the NRC now or hereafter in effect. The
NS Savannah is a pressurized water
reactor ship located in Baltimore, MD.
The NS Savannah has been shutdown
since November 8, 1970, and was
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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]]>Agencies
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23073-23075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07030]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0081]
Interim Staff Guidance: Advanced Reactor Content of Application
Project, ``Risk-Informed Technical Specifications''
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG) DANU-ISG-2022-08, ``Risk-Informed
Technical Specifications.'' The purpose of this ISG is to provide
guidance for prospective applicants in preparing applications for non-
light water reactor (non-LWR) designs that use the Licensing
Modernization Project (LMP) process and to assist the NRC staff in
determining whether such applications meet the minimum requirements for
construction permits, operating licenses, combined licenses,
manufacturing licenses, standard design approval, or design
certifications.
DATES: This guidance is effective on April 3, 2024.
ADDRESSES: Please refer to Docket ID NRC-2022-0081 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-2022-0081. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 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, at 301-415-4737,
or by email to [email protected]. The ISG, DANU-ISG-2022-08, ``Risk-
Informed Technical Specifications,'' is available in ADAMS under
Accession No. ML23277A146.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: James O'Driscoll, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1325; email: James.O'[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC staff anticipates the submission of advanced power-reactor
applications within the next few years based on preapplication
engagement initiated by several prospective applicants. Because many of
these designs are non-LWRs, the NRC staff developed technology-
inclusive, risk-informed, performance-based guidance to support the
development and review of these non-LWR applications. The guidance will
facilitate the development and review of non-LWR applications for
construction permits or operating licenses under part 50 of title 10 of
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' or combined licenses,
manufacturing licenses, standard design approval, or design
certifications under 10 CFR part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.'' The NRC staff notes it is
developing a rule to amend 10 CFR parts 50 and 52 to align reactor
licensing processes and incorporate lessons learned from new reactor
licensing into the regulations (RIN 3150-Al66). This ISG may need to be
updated to conform to changes to 10 CFR parts 50 and 52, if any,
adopted through that rulemaking. Further, as of the date of this final
ISG, the NRC staff is developing an optional performance-based,
technology-inclusive regulatory framework for licensing nuclear power
plants designated as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to
revise this guidance as a part of the ongoing rulemaking for 10 CFR
part 53.
To standardize the development of content of a non-LWR application,
the NRC staff focused on two activities: the Advanced Reactor Content
of Application Project (ARCAP) and the Technology-Inclusive Content of
Application Project (TICAP). The ARCAP is an NRC-led activity that is
intended to result in guidance for a complete non-LWR application for
review under 10 CFR part 50 or 10 CFR
[[Page 23074]]
part 52, and which the NRC staff would update, as appropriate, pending
the issuance of the 10 CFR part 50 and 10 CFR part 52 rulemaking as
previously mentioned in this notice, or if the Commission issues a
final 10 CFR part 53 rule. As a result, the ARCAP is broad and
encompasses several industry-led and NRC-led guidance document
development activities aimed at facilitating a consistent approach to
the development of application documents.
The TICAP is an industry-led activity that is focused on providing
guidance on the appropriate scope and depth of information related to
the specific portions of the safety analysis report that describe the
fundamental safety functions of the design and document the safety
analysis of the facility using the LMP-based approach. The LMP-based
approach is described in Regulatory Guide (RG) 1.233, ``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,'' (ADAMS
Accession No. ML20091L698).
The ARCAP ISG titled ``Review of Risk-Informed, Technology
Inclusive Advanced Reactor Applications--Roadmap'' (ARCAP Roadmap ISG)
was developed to provide a general overview of the information that
should be included in a non-LWR application. The ARCAP Roadmap ISG also
provides a review roadmap for the NRC staff with the principal purpose
of ensuring consistency, quality, and uniformity of NRC staff reviews.
The ARCAP Roadmap ISG includes references to eight other ARCAP ISGs and
a TICAP RG that are the subject of separate Federal Register notices
(FRNs) notifying the public of the issuance of these guidance
documents. Information regarding the eight other ARCAP ISGs and the
TICAP RG can be found in the table at the end of the ``Discussion''
section.
II. Discussion
The ARCAP ISG titled, ``Risk-Informed Technical Specifications,''
that is the subject of this FRN, was developed because the current
application and review guidance related to technical specifications is
directly applicable only to light water reactors and may not fully (or
efficiently) identify the information to be included in a technology-
inclusive, risk-informed, and performance-based application or provide
a review approach for such an application.
The table in this notice provides the document description, ADAMS
accession number, and, if appropriate, the docket identification
number.
------------------------------------------------------------------------
ADAMS Regulations.gov
Document description accession No. docket ID No.
------------------------------------------------------------------------
Interim Staff Guidance DANU-ISG-2022- ML23277A139 NRC-2022-0074
01, ``Advanced Reactor Content of
Application Project, `Review of Risk-
Informed, Technology-Inclusive
Advanced Reactor Applications--
Roadmap' ''..........................
Interim Staff Guidance DANU-ISG-2022- ML23277A140 NRC-2022-0075
02, ``Advanced Reactor Content of
Application Project Chapter 2, `Site
Information' ''......................
Interim Staff Guidance DANU-ISG-2022- ML23277A141 NRC-2022-0076
03, ``Advanced Reactor Content of
Application Project Chapter 9,
`Control of Routine Plant Radioactive
Effluents, Plant Contamination and
Solid Waste' ''......................
Interim Staff Guidance DANU-ISG-2022- ML23277A142 NRC-2022-0077
04, ``Advanced Reactor Content of
Application Project Chapter 10,
`Control of Occupational Dose' ''....
Interim Staff Guidance DANU-ISG-2022- ML23277A143 NRC-2022-0078
05, ``Advanced Reactor Content of
Application Project Chapter 11,
`Organization and Human-System
Considerations' ''...................
Interim Staff Guidance DANU-ISG-2022- ML23277A144 NRC-2022-0079
06, ``Advanced Reactor Content of
Application Project Chapter 12, `Post-
manufacturing and construction
Inspection, Testing, and Analysis
Program' ''..........................
Interim Staff Guidance DANU-ISG-2022- ML23277A145 NRC-2022-0080
07, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Inservice Inspection/Inservice
Testing Programs for Non-LWRs' ''....
Interim Staff Guidance DANU-ISG-2022- ML23277A146 NRC-2022-0081
08, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Technical Specifications' ''.........
Interim Staff Guidance DANU-ISG-2022- ML23277A147 NRC-2022-0082
09, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Performance-Based Fire Protection
Program (for Operations)' ''.........
RG 1.253, Revision 0, ``Guidance for a ML23269A222 NRC-2022-0073
Technology-Inclusive Content of
Application Methodology to Inform the
Licensing Basis and Content of
Applications for Licenses,
Certifications, and Approvals for Non-
Light-Water Reactors''...............
Regulatory Analysis for ARCAP ISGs.... ML23093A099 NRC-2022-0074
Review of Advanced Reactor Content of ML23348A182 NRC-2022-0074
Application Project/Technology-
Inclusive Content of Application
Project Guidance.....................
Response to the Advisory Committee on ML24024A025 NRC-2022-0074
Reactor Safeguards Letter, ``Review
of Advanced Reactor Content of
Application Project/Technology-
Inclusive Content of Application
Project Guidance''...................
------------------------------------------------------------------------
III. Additional Information
During the 711th meeting of the Advisory Committee on Reactor
Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and
representatives of other stakeholders discussed guidance documents
related to the ARCAP and the TICAP. On December 20, 2023, the ACRS
issued a report documenting its review of these guidance documents
(ADAMS Accession No. ML23348A182). The conclusions and recommendations
in the ACRS report apply to all the ARCAP and TICAP guidance documents.
In its December 2023 report, the ACRS did not recommend any specific
changes to DANU-ISG-2022-08.
Draft DANU-ISG-2022-08, ``Risk-Informed Technical Specifications,''
was published in the Federal Register for public comment on May 25,
2023, (88 FR 33926) with a 45-day comment period. Subsequently, the
comment period was extended by 30 days as noted in the Federal Register
dated June 28, 2023 (88 FR 41990). The NRC staff received eight public
comments from stakeholders. The NRC staff's evaluation and resolution
of the public comments can be found in a document located in ADAMS
under Accession No. ML23277A155.
IV. Congressional Review Act
DANU-ISG-2022-08, ``Risk-Informed Technical Specifications,'' 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 defined in the Congressional Review Act.
[[Page 23075]]
V. Backfitting, Forward Fitting, and Issue Finality
DANU-ISG-2022-08 does not constitute backfitting as defined in 10
CFR 50.109, ``Backfitting,'' and as described in Management Directive
(MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue Finality,
and Information Requests''; does not constitute forward fitting as that
term is defined and described in MD 8.4; and does not affect the issue
finality of any approval issued under 10 CFR part 52. The guidance
would not apply to any current licensees or applicants or existing or
requested approvals under 10 CFR part 52, and therefore its issuance
cannot be a backfit or forward fit or affect issue finality. Further,
as explained in DANU-ISG-2022-08, applicants and licensees would not be
required to comply with the positions set forth in DANU-ISG-2022-08.
Dated: March 28, 2024.
For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors
and Non-Power Production and Utilization Facilities, Office of Nuclear
Reactor Regulation.
[FR Doc. 2024-07030 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P
