80 FR 39162 - Physical Security-Review of Physical Security System Designs-Standard Design Certification and Operating Reactor Licensing Applications
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 130 (July 8, 2015)
Federal Register Volume 80, Issue 130 (July 8, 2015)
| Page Range | 39162-39163 | |
| FR Document | 2015-16741 |
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)] [Notices] [Pages 39162-39163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16741] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2013-0225] Physical Security--Review of Physical Security System Designs-- Standard Design Certification and Operating Reactor Licensing Applications AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 13.6.2, ``Physical Security--Review of Physical Security System Designs--Standard Design Certification and Operating Reactor Licensing Applications.'' DATES: The effective date of this Standard Review Plan (SRP) update is August 7, 2015. ADDRESSES: Please refer to Docket ID NRC-2013-0225 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0225. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; [[Page 39163]] email: Carol.Gallagher@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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then 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 available in ADAMS) is provided the first time that a document is referenced. The final revision for SRP Section 13.6.2, ``Physical Security--Review of Physical Security System Designs--Standard Design Certification and Operating Reactor Licensing Applications'' is available in ADAMS under Accession No. ML14140A210. 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. The NRC posts its issued staff guidance on the NRC's external Web page (http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/). FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6992, email: Mark.Notich@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On September 30, 2013 (78 FR 59981), the NRC published for public comment draft Revision 2 of SRP Section 13.6.2, ``Physical Security-- Review of Physical Security System Designs--Standard Design Certification and Operating Reactor Licensing Applications.'' This section has been developed to assist the NRC staff with the review of the physical security system designs for design certification and operating reactor license applications and to inform applicants and other affected entities of guidance regarding an acceptable method by which to evaluate the affected portions of part 73 of Title 10 of the Code of Federal Regulations (10 CFR). The NRC staff received comment submissions on the proposed revision. The NRC staff made several changes to the proposed revision after consideration of the comments. The comments are documented alongside the NRC staff's responses are available in ADAMS under Accession No. ML14140A207. A redline strikeout comparing the proposed draft and final revision can be found in ADAMS under Accession No. ML14140A208. II. Backfitting and Issue Finality Issuance of this final SRP section does 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. The NRC staff's position is based upon the following considerations: 1. The SRP positions do not constitute backfitting, inasmuch as the SRP is internal guidance directed at the NRC staff with respect to their regulatory responsibilities. The SRP provides guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality--with certain exceptions discussed below--do not protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The staff does not currently intend to impose the positions represented in this SRP section in a manner that is inconsistent with any issue finality provisions of 10 CFR part 52. If in the future the NRC staff does indeed intend to impose positions inconsistent with these issue finality provisions, the NRC staff must address the regulatory criteria for avoiding issue finality. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licenses or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of a regulatory approval, or a design certification applicant). The staff does not intend to impose or apply the positions described in the SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals--in this case, design certifications. Hence, the issuance of this SRP guidance even if considered guidance which is within the purview of the issue finality provisions in 10 CFR part 52--need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the staff seeks to impose a position in the SRP on holders of already issued licenses in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must make the showing as set forth in the Backfit Rule, or address the criteria for avoiding issue finality as described applicable issue finality provision, as applicable. III. Congressional Review Act This action 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. Dated at Rockville, Maryland, this 29th day of June, 2015. For the Nuclear Regulatory Commission. Lawrence Burkhart, Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2015-16741 Filed 7-7-15; 8:45 am] BILLING CODE 7590-01-P
![39162 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
Number of Response
responses Total Total annual Average Total
Data collection Number of time per
Type of respondent per number of burden hourly wage annualized
activity respondents response
respondent responses (in hours) (Jan 2015) * cost
(in hours)
(frequency)
Study Participant ... Participant Track- 1,633 6 9,798 0.167 1,636 $20.81 $34,051
ing System—
Data Collection.
Program Staff ........ Site Visit Inter- 32 2 64 0.750 48 $24.48 $1,175
views.
Study Participant ... 18-Month Follow- 1,306 1 1,306 0.333 435 $20.81 $9,050
Up Survey.
Total ............... ............................... 2,971 .................... 11,168 .................... 2,119 .................... $44,276
* For the wage rate used for the ‘‘study participant,’’ see U.S. Department of Labor, Bureau of Labor Statistics, Table B–8. Average hourly and
weekly earnings of production and nonsupervisory employees on private nonfarm payrolls by industry sector, seasonally adjusted (accessed from
the following website as of January 2015: http://www.bls.gov/news.release/empsit.t24.htm). For the wage rate for ‘‘program staff,’’ see U.S. De-
partment of Labor, Bureau of Labor Statistics, Table B–3. Average hourly and weekly earnings of all employees on private nonfarm payrolls by
industry sector, seasonally adjusted (accessed from the following website as of January 2015: http://www.bls.gov/news.release/empsit.t19.htm).
We will summarize and/or include be limited to assistive wearable devices found online at http://
the comments received in response to for humans. The patent rights in these technology.nasa.gov.
this request for comments in our request inventions have been assigned to the Mark P. Dvorscak,
for OMB approval of the ICR. They will United States of America as represented
also become a matter of public record. Agency Counsel for Intellectual Property.
by the Administrator of the National
[FR Doc. 2015–16641 Filed 7–7–15; 8:45 am]
Portia Wu, Aeronautics and Space Administration.
BILLING CODE 7510–13–P
Assistant Secretary for Employment and The prospective partially exclusive
Training, Labor. license will comply with the terms and
[FR Doc. 2015–16717 Filed 7–7–15; 8:45 am] conditions of 35 U.S.C. 209 and 37 CFR
404.7. NUCLEAR REGULATORY
BILLING CODE 4510–FT–P
COMMISSION
DATES: The prospective partially
exclusive license may be granted unless [NRC–2013–0225]
NATIONAL AERONAUTICS AND within fifteen (15) days from the date of
SPACE ADMINISTRATION Physical Security—Review of Physical
this published notice, NASA receives Security System Designs—Standard
[Notice (15–051)] written objections including evidence Design Certification and Operating
and argument that establish that the Reactor Licensing Applications
Notice of Intent To Grant Exclusive grant of the license would not be
License consistent with the requirements of 35 AGENCY: Nuclear Regulatory
U.S.C. 209 and 37 CFR 404.7. Commission.
AGENCY: National Aeronautics and
Space Administration. Competing applications completed and ACTION: Standard review plan-final
received by NASA within fifteen (15) section revision; issuance.
ACTION: Notice of intent to grant
exclusive license. days of the date of this published notice
will also be treated as objections to the SUMMARY: The U.S. Nuclear Regulatory
SUMMARY: This notice is issued in grant of the contemplated exclusive Commission (NRC) is issuing a final
accordance with 35 U.S.C. 209(e) and 37 revision to the following section of
license.
CFR 404.7(a)(1)(i). NASA hereby gives NUREG–0800, ‘‘Standard Review Plan
Objections submitted in response to for the Review of Safety Analysis
notice of its intent to grant a partially this notice will not be made available to
exclusive license in the United States to Reports for Nuclear Power Plants: LWR
the public for inspection and, to the Edition,’’ Section 13.6.2, ‘‘Physical
practice the inventions described and
extent permitted by law, will not be Security—Review of Physical Security
claimed in USPN 8,255,079, Human
released under the Freedom of System Designs—Standard Design
Grasp Assist Device and Method of Use,
NASA Case No. MSC–24741–1; USSN Information Act, 5 U.S.C. 552. Certification and Operating Reactor
13/408,675, Control of a Glove-Based Licensing Applications.’’
ADDRESSES: Objections relating to the
Grasp Assist Device, NASA Case No. prospective license may be submitted to DATES: The effective date of this
25320–1; USSN 13/408,668, Human Patent Counsel, Office of Chief Counsel, Standard Review Plan (SRP) update is
Grasp Assist Device Soft Good, NASA NASA Johnson Space Center, 2101 August 7, 2015.
Case No. MSC–25318–1; Japanese Patent NASA Parkway, Mail Code AL, ADDRESSES: Please refer to Docket ID
Application No. 2014–064953, Human Houston, Texas 77058, Phone (281) NRC–2013–0225 when contacting the
Grasp Assist Soft, NASA Case No. MSC– 483–3021; Fax (281) 483–6936. NRC about the availability of
25318–2; USPN 8,849,453, Human information regarding this document.
Grasp Assist Device with Exoskeleton, FOR FURTHER INFORMATION CONTACT: Ms. You may obtain publicly-available
srobinson on DSK5SPTVN1PROD with NOTICES
NASA Case No. 25319–1 and USSN 14/ Michelle P. Lewis, Johnson Space information related to this document
175,094, Grasp Assist Device with Center, 2101 NASA Parkway, using any of the following methods:
Shared Tendon Actuator Assembly, Technology Transfer and • Federal Rulemaking Web site: Go to
NASA Case No. MSC–25783–1 to Commercialization Office, Mail Code http://www.regulations.gov and search
CSSDP Investments, Inc., having its AO52, Houston, TX 77058, (281) 483– for Docket ID NRC–2013–0225. Address
principal place of business in Newport 8051. Information about other NASA questions about NRC dockets to Carol
Coast, California. The fields of use may inventions available for licensing can be Gallagher; telephone: 301–415–3463;
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![Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 39163
email: Carol.Gallagher@nrc.gov. For The NRC staff made several changes to a regulatory approval, or a design
technical questions, contact the the proposed revision after certification applicant).
individual listed in the FOR FURTHER consideration of the comments. The The staff does not intend to impose or
INFORMATION CONTACT section of this comments are documented alongside apply the positions described in the SRP
document. the NRC staff’s responses are available section to existing (already issued)
• NRC’s Agencywide Documents in ADAMS under Accession No. licenses (e.g., operating licenses and
Access and Management System ML14140A207. A redline strikeout combined licenses) and regulatory
(ADAMS): You may obtain publicly- comparing the proposed draft and final approvals—in this case, design
available documents online in the revision can be found in ADAMS under certifications. Hence, the issuance of
ADAMS Public Documents collection at Accession No. ML14140A208. this SRP guidance even if considered
http://www.nrc.gov/reading-rm/ guidance which is within the purview
II. Backfitting and Issue Finality of the issue finality provisions in 10
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then Issuance of this final SRP section does CFR part 52—need not be evaluated as
select ‘‘Begin Web-based ADAMS not constitute backfitting as defined in if it were a backfit or as being
Search.’’ For problems with ADAMS, 10 CFR 50.109 (the Backfit Rule) and is inconsistent with issue finality
please contact the NRC’s Public not otherwise inconsistent with the provisions. If, in the future, the staff
Document Room (PDR) reference staff at issue finality provisions in 10 CFR part seeks to impose a position in the SRP on
1–800–397–4209, 301–415–4737, or by 52. The NRC staff’s position is based holders of already issued licenses in a
email to pdr.resource@nrc.gov. The upon the following considerations: manner which does not provide issue
ADAMS accession number for each 1. The SRP positions do not constitute finality as described in the applicable
document referenced (if it available in backfitting, inasmuch as the SRP is issue finality provision, then the staff
ADAMS) is provided the first time that internal guidance directed at the NRC must make the showing as set forth in
a document is referenced. The final staff with respect to their regulatory the Backfit Rule, or address the criteria
revision for SRP Section 13.6.2, responsibilities. for avoiding issue finality as described
‘‘Physical Security—Review of Physical The SRP provides guidance to the applicable issue finality provision, as
Security System Designs—Standard staff on how to review an application for applicable.
Design Certification and Operating NRC regulatory approval in the form of
licensing. Changes in internal staff III. Congressional Review Act
Reactor Licensing Applications’’ is
available in ADAMS under Accession guidance are not matters for which This action is a rule as defined in the
No. ML14140A210. either nuclear power plant applicants or Congressional Review Act (5 U.S.C.
• NRC’s PDR: You may examine and licensees are protected under either the 801–808). However, the Office of
purchase copies of public documents at Backfit Rule or the issue finality Management and Budget has not found
the NRC’s PDR, Room O1–F21, One provisions of 10 CFR part 52. it to be a major rule as defined in the
2. Backfitting and issue finality—with Congressional Review Act.
White Flint North, 11555 Rockville
certain exceptions discussed below—do
Pike, Rockville, Maryland 20852. Dated at Rockville, Maryland, this 29th day
• The NRC posts its issued staff not protect current or future applicants. of June, 2015.
Applicants and potential applicants
guidance on the NRC’s external Web For the Nuclear Regulatory Commission.
are not, with certain exceptions,
page (http://www.nrc.gov/reading-rm/ Lawrence Burkhart,
protected by either the Backfit Rule or
doc-collections/nuregs/staff/sr0800/). Acting Chief, New Reactor Rulemaking and
any issue finality provisions under 10
FOR FURTHER INFORMATION CONTACT: Guidance Branch, Division of Advanced
CFR part 52. This is because neither the
Mark Notich, Office of New Reactors, Reactors and Rulemaking, Office of New
Backfit Rule nor the issue finality Reactors.
U.S. Nuclear Regulatory Commission, provisions were intended to apply to
Washington, DC 20555–0001, telephone: [FR Doc. 2015–16741 Filed 7–7–15; 8:45 am]
every NRC action which substantially
301–415–6992, email: Mark.Notich@ changes the expectations of current and
BILLING CODE 7590–01–P
nrc.gov. future applicants.
SUPPLEMENTARY INFORMATION: The exceptions to the general NUCLEAR REGULATORY
principle are applicable whenever an COMMISSION
I. Background applicant references a 10 CFR part 52
On September 30, 2013 (78 FR 59981), license (e.g., an early site permit) and/ [NRC–2013–0124]
the NRC published for public comment or NRC regulatory approval (e.g., a
draft Revision 2 of SRP Section 13.6.2, design certification rule) with specified Strategies and Guidance To Address
‘‘Physical Security—Review of Physical issue finality provisions. The staff does Loss of Large Areas of the Plant Due
Security System Designs—Standard not currently intend to impose the to Explosions and Fires
Design Certification and Operating positions represented in this SRP AGENCY: Nuclear Regulatory
Reactor Licensing Applications.’’ This section in a manner that is inconsistent Commission.
section has been developed to assist the with any issue finality provisions of 10 ACTION: Standard review plan-final
NRC staff with the review of the CFR part 52. If in the future the NRC section revision; issuance.
physical security system designs for staff does indeed intend to impose
design certification and operating positions inconsistent with these issue SUMMARY: The U.S. Nuclear Regulatory
reactor license applications and to finality provisions, the NRC staff must Commission (NRC) is issuing a final
inform applicants and other affected address the regulatory criteria for revision to the following section of
srobinson on DSK5SPTVN1PROD with NOTICES
entities of guidance regarding an avoiding issue finality. NUREG–0800, ‘‘Standard Review Plan
acceptable method by which to evaluate 3. The NRC staff has no intention to for the Review of Safety Analysis
the affected portions of part 73 of Title impose the SRP positions on existing Reports for Nuclear Power Plants: LWR
10 of the Code of Federal Regulations nuclear power plant licenses or Edition’’: Section 19.4, ‘‘Strategies and
(10 CFR). regulatory approvals either now or in Guidance to Address Loss of Large
The NRC staff received comment the future (absent a voluntary request Areas of the Plant due to Explosions and
submissions on the proposed revision. for change from the licensee, holder of Fires.’’
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Document Created: 2018-02-23 09:12:54
Document Modified: 2018-02-23 09:12:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Standard review plan-final section revision; issuance. | |
| Dates | The effective date of this Standard Review Plan (SRP) update is August 7, 2015. | |
| Contact | Mark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6992, email: [email protected] | |
| FR Citation | 80 FR 39162 |
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