Interim Staff Guidance: Advanced Reactor Content of Application Project, “Risk-Informed, Performance-Based Fire Protection Program (for Operations)”, 23065-23067 [2024-07031]

Download as PDF Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0108. • 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 PDR.Resource@nrc.gov. A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML24046A101. The supporting statement is available in ADAMS under Accession No. ML24046A099. • 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. eastern time (ET), Monday through Friday, except Federal holidays. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC’s Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–2084; email: Infocollects.Resource@nrc.gov. B. Submitting Comments Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to https://www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under Review— Open for Public Comments’’ or by using the search function. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at https:// www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, NRC Form 149, ‘‘OCFO Invitational Traveler Request Form.’’ The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register notice with a 60-day comment period on this information collection on December 15, 2023, 88 FR 86948. 1. The title of the information collection: NRC Form 149, OCFO Invitational Traveler Request Form. 2. OMB approval number: 3150–0247. 3. Type of submission: Revision. 4. The form number, if applicable: NRC Form 149. 5. How often the collection is required or requested: The collection is required when there is an invitational traveler that will be reimbursed by the NRC. This occurs on an as needed basis and does not have a regular schedule for submission. 6. Who will be required or asked to respond: The invitational traveler will be asked to respond and NRC staff that are associated with the purpose of the invitational traveler may also be asked to respond on an as needed basis. 7. The estimated number of annual responses: 435. 8. The estimated number of annual respondents: 435. 9. The estimated number of hours needed annually to comply with the information collection requirement or request: 109. 10. Abstract: The NRC provides reimbursement for people on invitational travel for the NRC. As such, the NRC would reimburse them through our Financial Accounting and Integrated Management Information System (FAIMIS). Additionally, the travel itself would be processed in our electronic travel systems (ETS2). Both the financial and travel systems must be set up appropriately for the invitational traveler to travel and receive reimbursement from the NRC. The PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 23065 information collected on Form 149 meets the requirements for the invitational traveler to have a profile created in FAIMIS and in ETS2. The information collected is necessary to meet the criteria for both systems. Dated: March 29, 2024. For the Nuclear Regulatory Commission. David Cullison, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 2024–07081 Filed 4–2–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2022–0082] Interim Staff Guidance: Advanced Reactor Content of Application Project, ‘‘Risk-Informed, Performance-Based Fire Protection Program (for Operations)’’ Nuclear Regulatory Commission. ACTION: Final guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU–ISG–2022– 09, ‘‘Risk-Informed, Performance-Based Fire Protection Program (for Operations).’’ 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 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–2022–0082 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–2022–0082. 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 SUMMARY: E:\FR\FM\03APN1.SGM 03APN1 23066 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices 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 PDR.Resource@nrc.gov. The ISG, DANU–ISG–2022–09, ‘‘Risk-Informed, Performance-Based Fire Protection Program (for Operations),’’ is available in ADAMS under Accession No. ML23277A147. • 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. 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 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, RiskInformed, 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, Performance-Based Fire Protection Program (for Operations),’’ that is the subject of this FRN, was developed because the current application and review guidance related to fire protection programs for operations is directly applicable only to light water reactors and may not fully (or efficiently) identify the information to be included in a technologyinclusive, 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. lotter on DSK11XQN23PROD with NOTICES1 Document description 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’ ’’ ..................................... VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 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 03APN1 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices Document description 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 December 2023 report, the ACRS also recommended specific changes to DANU–ISG–2022–09. As set forth in its letter dated March 18, 2024 (ADAMS No. ML24024A025) in which the NRC staff responded to the ACRS report, the NRC staff revised DANU–ISG–2022–09 to address specific ACRS recommendations. Draft DANU–ISG–2022–09, ‘‘RiskInformed, Performance-Based Fire Protection Program (for Operations),’’ was published in the Federal Register for public comment on May 25, 2023, (88 FR 33922) 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 twenty-three 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. ML23277A156. lotter on DSK11XQN23PROD with NOTICES1 IV. Congressional Review Act DANU–ISG–2022–09, ‘‘Risk-Informed, Performance-Based Fire Protection Program (for Operations),’’ 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 VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 defined in the Congressional Review Act. V. Backfitting, Forward Fitting, and Issue Finality DANU–ISG–2022–09 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–2022–09, applicants and licensees would not be required to comply with the positions set forth in DANU–ISG–2022–09. Dated: Month 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. 2024–07031 Filed 4–2–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2022–0080] Interim Staff Guidance: Advanced Reactor Content of Application Project, Risk-Informed Inservice Inspection/ Inservice Testing Programs for NonLWRs Nuclear Regulatory Commission. ACTION: Final guidance; issuance. AGENCY: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 23067 ADAMS accession No. Regulations.gov docket ID No. 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 The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU–ISG–2022– 07, ‘‘Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs.’’ The purpose of this ISG is to provide guidance to 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–2022–0080 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–2022–0080. 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 PDR.Resource@nrc.gov. The ISG, SUMMARY: E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23065-23067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07031]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2022-0082]


Interim Staff Guidance: Advanced Reactor Content of Application 
Project, ``Risk-Informed, Performance-Based Fire Protection Program 
(for Operations)''

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG) DANU-ISG-2022-09, ``Risk-Informed, 
Performance-Based Fire Protection Program (for Operations).'' 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 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-2022-0082 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-2022-0082. 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

[[Page 23066]]

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-2022-09, ``Risk-Informed, Performance-Based Fire 
Protection Program (for Operations),'' is available in ADAMS under 
Accession No. ML23277A147.
     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 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, Performance-Based Fire 
Protection Program (for Operations),'' that is the subject of this FRN, 
was developed because the current application and review guidance 
related to fire protection programs for operations 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' ''..........................

[[Page 23067]]

 
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 also recommended specific changes 
to DANU-ISG-2022-09. As set forth in its letter dated March 18, 2024 
(ADAMS No. ML24024A025) in which the NRC staff responded to the ACRS 
report, the NRC staff revised DANU-ISG-2022-09 to address specific ACRS 
recommendations.
    Draft DANU-ISG-2022-09, ``Risk-Informed, Performance-Based Fire 
Protection Program (for Operations),'' was published in the Federal 
Register for public comment on May 25, 2023, (88 FR 33922) 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 twenty-three 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. ML23277A156.

IV. Congressional Review Act

    DANU-ISG-2022-09, ``Risk-Informed, Performance-Based Fire 
Protection Program (for Operations),'' 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

    DANU-ISG-2022-09 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-2022-09, applicants and licensees would not be 
required to comply with the positions set forth in DANU-ISG-2022-09.

    Dated: Month 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. 2024-07031 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.