81 FR 45312 - Physical Security Hardware-Inspections, Tests, Analyses, and Acceptance Criteria
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 134 (July 13, 2016)
Federal Register Volume 81, Issue 134 (July 13, 2016)
| Page Range | 45312-45314 | |
| FR Document | 2016-16469 |
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)] [Notices] [Pages 45312-45314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16469] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2016-0126] Physical Security Hardware--Inspections, Tests, Analyses, and Acceptance Criteria AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision: Request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 14.3.12, ``Physical Security Hardware--Inspections, Tests, Analyses, and [[Page 45313]] Acceptance Criteria.'' The NRC seeks comments on the draft section revision of the standard review plan (SRP) concerning inspections, tests, analyses, and acceptance criteria (ITAAC) related to physical security hardware (PS-ITAAC). DATES: Comments must be filed no later than August 12, 2016. Comments received after this date will be considered, if it is practical to do so, but the Commission 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 (unless this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0126. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287- 3463; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on accessing information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors, telephone: 301-415-3053, email: [email protected]; or Nishka Devaser, Office of New Reactors, telephone: 301-415-5196; email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0126 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document by any of the following methods: Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0126. 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 [email protected]. The ADAMS accession numbers for the draft revision, current revision, and redline strikeout comparing the current revision and the draft revision of the section are available in ADAMS under the following accession numbers: Draft revision 2 (ML16032A050), current revision 1 (ML100970568), and redline strikeout (ML16032A096). NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2016-0126 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 http://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. II. Further Information The NRC seeks public comment on the draft section revision of the SRP. This section has been revised to assist NRC staff with the review of PS-ITAAC in a combined license application or a design certification application. The PS-ITAAC are reviewed to determine whether the designs and specifications for PS-ITAAC are in accordance with the applicable regulatory requirements of 10 CFR part 73. Revision 2 to SRP Section 14.3.12 incorporates the requirements for vehicle control measures under Sec. 73.55(e)(10)(i)(B) of title 10 of the Code of Federal Regulations (10 CFR) and incorporates recommendations from NRC Regulatory Issue Summary 2008-05, ``Lessons Learned to Improve Inspections, Tests, Analyses, and Acceptance Criteria Submittal'' revision 1, September 23, 2010. The technical changes in accordance with the new Sec. 73.55 are incorporated in each section of this revision (since Revision 1 of this section, dated April 2010) of the SRP as applicable. Following NRC staff evaluation of public comments, the NRC intends to incorporate the final approved guidance into the next revision of NUREG-0800. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required. III. Backfitting and Issue Finality Issuance of this draft SRP, if finalized, would not constitute backfitting as defined in Sec. 50.109 of 10 CFR, (the Backfit Rule) or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations. 1. The draft SRP positions, if finalized, would 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 NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal NRC 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. The NRC staff has no intention to impose the SRP positions on current licensees or already-issued regulatory approvals either now or in the future. The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing (already issued) licenses and regulatory approvals. Hence, the issuance of a final SRP--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 NRC staff seeks to impose a position in the SRP on holders of already issued holders of licenses SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC staff must make the showing as [[Page 45314]] set forth in the Backfit Rule or address the criteria for avoiding issue finality as described applicable issue finality provision. 3. Backfitting and issue finality do not--with limited exceptions not applicable here--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 under 10 CFR part 52--with certain exclusions discussed below--were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. 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 NRC staff does not, at this time, intend to impose the positions represented in the draft SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the draft SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 5th day of July 2016. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, New Reactor Rulemaking and Guidance Branch, Division of Engineering, Infrastructure and Advanced Reactors, Office of New Reactors. [FR Doc. 2016-16469 Filed 7-12-16; 8:45 am] BILLING CODE 7590-01-P
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ADAMS) is provided the first time that II. Additional Information intend to impose the positions
it is mentioned in this document. The NRC published a notice of represented in the regulatory guide in a
Revision 2 to Regulatory Guide 1.117, Availability of DG–1313 in the Federal manner that is inconsistent with any
and the regulatory analysis may be Register on August 28, 2015 (80 FR issue finality provisions in these part 52
found in ADAMS under Accession No. 52346), for a 60-day public comment licenses and regulatory approvals. If, in
ML15356A213 and ML14356A106, the future, the staff seeks to impose a
period. The public comment period
respectively. position in this regulatory guide in a
closed on October 27, 2015. Public
• NRC’s PDR: You may examine and manner that does not provide issue
comments on DG–1313 and the NRC
purchase copies of public documents at finality as described in the applicable
staff’s responses to the public comments
the NRC’s PDR, Room O1–F21, One issue finality provision, then the NRC
are available in ADAMS under
White Flint North, 11555 Rockville staff must address the issue finality
Accession No. ML15356A214.
Pike, Rockville, Maryland 20852. criteria in the applicable issue finality
III. Congressional Review Act provision (10 CFR 52.63 for standard
Regulatory guides are not design certification rules, and 10 CFR
copyrighted, and NRC approval is not This regulatory guide is a rule as
defined in the Congressional Review 52.98 for combined licenses).
required to reproduce them. Existing licensees and applicants of
Act (5 U.S.C. 801–808). However, the
FOR FURTHER INFORMATION CONTACT: final design certification rules will not
Office of Management and Budget has
Gordon Curran, Office of Nuclear be required to comply with the
not found it to be a major rule as positions set forth in this regulatory
Reactor Regulation, telephone: 301– defined in the Congressional Review
415–1247, email: Gordon.Curran@ guide unless the licensee or design
Act. certification rule applicant seeks a
nrc.gov; and Stephen Burton, Office of
Nuclear Regulatory Research, telephone: IV. Backfitting and Issue Finality voluntary change to its licensing basis
301–415–7000, email: with respect to the inclusion or
This regulatory guide describes
Stephen.Burton@nrc.gov. Both are staff exclusion of SSCs that must be
methods and procedures that the staff
members of the U.S. Nuclear Regulatory protected against extreme winds and
considers acceptable for use in
Commission, Washington, DC 20555– extreme wind effects. In such cases,
identifying those structures, systems,
0001. backfitting and issue finality will not
and components (SSCs) of light water
apply if the NRC determines that the
cooled reactors that should be protected safety review of the licensee-initiated or
SUPPLEMENTARY INFORMATION:
from the effects of the worst case applicant-initiated change must include
I. Introduction extreme winds and wind-generated reconsideration of the methods and
missiles, so that they remain functional. procedures used in identifying those
The NRC is issuing a revision to an Although not expressly stated in DG–
existing guide in the NRC’s ‘‘Regulatory SSCs. Further information on the staff’s
1313, the regulatory guidance in this use of the regulatory guide is contained
Guide’’ series. This series was regulatory guide is directed at
developed to describe and make in the regulatory guide under Section D.
applicants for nuclear power reactor Implementation.
available to the public information construction permits and operating
regarding methods that are acceptable to licenses under part 50 of title 10 of the Dated at Rockville, Maryland, this 1st day
the NRC staff for implementing specific of July, 2016.
Code of Federal Regulations (10 CFR),
parts of the agency’s regulations, applicants for standard design For the Nuclear Regulatory Commission.
techniques that the NRC staff uses in certifications under subpart B of 10 CFR Harriet Karagiannis,
evaluating specific issues or postulated part 52, and combined licenses under Acting Chief, Regulatory Guidance and
events, and data that the NRC staff subpart C of part 52. Generic Issues Branch, Division of
needs in its review of applications for This does not constitute backfitting as Engineering, Office of Nuclear Regulatory
permits and licenses. Research.
defined in 10 CFR 50.109 (the Backfit
[FR Doc. 2016–16553 Filed 7–12–16; 8:45 am]
Revision 2 of RG 1.117 was issued Rule) and is not otherwise inconsistent
with a temporary identification of Draft with the issue finality provisions in 10 BILLING CODE 7590–01–P
Regulatory Guide, DG–1313. This guide CFR part 52, ‘‘Licenses, Certifications
is being revised to address new issues and Approvals for Nuclear Power
NUCLEAR REGULATORY
identified since the NRC originally Plants.’’ Applicants and potential
COMMISSION
issued the guide. As indicated in RG applicants are not, with certain
1.76, ‘‘Design Basis Tornado and exceptions, protected by either the [NRC–2016–0126]
Tornado Missiles for Nuclear Power Backfit Rule or any issue finality
Plants’’ (ADAMS Accession No. provisions under part 52. Neither the Physical Security Hardware—
ML070360253), tornado wind speeds Backfit Rule nor the issue finality Inspections, Tests, Analyses, and
may not bound hurricane wind speeds provisions under part 52—with certain Acceptance Criteria
for certain portions of the Atlantic and exclusions discussed below—were AGENCY: Nuclear Regulatory
gulf coasts. In this case, the structures, intended to apply to every NRC action Commission.
systems, and components should be that substantially changes the ACTION: Standard review plan-draft
designed to withstand the effects of the expectations of current and future section revision: Request for comment.
design basis hurricane and hurricane- applicants.
generated missiles so that they remain The exceptions to the general SUMMARY: The U.S. Nuclear Regulatory
jstallworth on DSK7TPTVN1PROD with NOTICES
functional, as defined in RG 1.221, principle are applicable whenever a Commission (NRC) is soliciting public
‘‘Design Basis Hurricane and Hurricane combined license applicant references a comment on draft NUREG–0800,
Missiles for Nuclear Power Plants’’ part 52 license (i.e., an early site permit ‘‘Standard Review Plan for the Review
(ADAMS Accession No. ML110940300). or a manufacturing license) and/or part of Safety Analysis Reports for Nuclear
In addition, the title has been updated 52 regulatory approval (i.e., a design Power Plants: LWR Edition,’’ Section
to better reflect the purpose of the certification rule or design approval). 14.3.12, ‘‘Physical Security Hardware—
guidance. The NRC staff does not, at this time, Inspections, Tests, Analyses, and
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set forth in the Backfit Rule or address ADDRESSES: Submit comments deadline(s) for each request appear in
the criteria for avoiding issue finality as electronically via the Commission’s section II.
described applicable issue finality Filing Online system at http://
II. Docketed Proceeding(s)
provision. www.prc.gov. Those who cannot submit
3. Backfitting and issue finality do comments electronically should contact 1. Docket No(s).: CP2016–237; Filing
not—with limited exceptions not the person identified in the FOR FURTHER Title: Notice of United States Postal
applicable here—protect current or INFORMATION CONTACT section by Service of Filing a Functionally
future applicants. telephone for advice on filing Equivalent Global Expedited Package
Applicants and potential applicants alternatives. Services 3 Negotiated Service
are not, with certain exceptions, Agreement and Application for Non-
FOR FURTHER INFORMATION CONTACT:
protected by either the Backfit Rule or Public Treatment of Materials Filed
David A. Trissell, General Counsel, at
any issue finality provisions under 10 Under Seal; Filing Acceptance Date:
202–789–6820.
CFR part 52. This is because neither the July 6, 2016; Filing Authority: 39 U.S.C.
Backfit Rule nor the issue finality SUPPLEMENTARY INFORMATION: 3642 and 39 CFR 3020.30 et seq.; Public
provisions under 10 CFR part 52—with Table of Contents Representative: Kenneth R. Moeller;
certain exclusions discussed below— Comments Due: July 14, 2016.
I. Introduction
were intended to apply to every NRC This notice will be published in the
II. Docketed Proceeding(s)
action which substantially changes the Federal Register.
expectations of current and future I. Introduction
Ruth Ann Abrams,
applicants. The Commission gives notice that the
The exceptions to the general Acting Secretary.
Postal Service filed request(s) for the [FR Doc. 2016–16457 Filed 7–12–16; 8:45 am]
principle are applicable whenever an Commission to consider matters related
applicant references a 10 CFR part 52 to negotiated service agreement(s). The
BILLING CODE 7710–FW–P
license (e.g., an early site permit) and/ request(s) may propose the addition or
or NRC regulatory approval (e.g., a removal of a negotiated service
design certification rule) with specified POSTAL REGULATORY COMMISSION
agreement from the market dominant or
issue finality provisions. The NRC staff the competitive product list, or the [Docket No. R2011–6]
does not, at this time, intend to impose modification of an existing product
the positions represented in the draft New Postal Product
currently appearing on the market
SRP in a manner that is inconsistent dominant or the competitive product AGENCY: Postal Regulatory Commission.
with any issue finality provisions. If, in list.
the future, the NRC staff seeks to impose ACTION: Notice.
Section II identifies the docket
a position in the draft SRP in a manner number(s) associated with each Postal SUMMARY: The Commission is noticing
which does not provide issue finality as Service request, the title of each Postal recent Postal Service filing for the
described in the applicable issue finality Service request, the request’s acceptance Commission’s consideration concerning
provision, then the NRC staff must date, and the authority cited by the a negotiated service agreement. This
address the criteria for avoiding issue Postal Service for each request. For each notice informs the public of the filing,
finality as described in the applicable request, the Commission appoints an invites public comment, and takes other
issue finality provision. officer of the Commission to represent administrative steps.
Dated at Rockville, Maryland, this 5th day the interests of the general public in the DATES: Comments are due: July 18,
of July 2016. proceeding, pursuant to 39 U.S.C. 505 2016.
For the Nuclear Regulatory Commission. (Public Representative). Section II also
Joseph Colaccino, establishes comment deadline(s) ADDRESSES: Submit comments
pertaining to each request. electronically via the Commission’s
Chief, New Reactor Rulemaking and
Guidance Branch, Division of Engineering, The public portions of the Postal Filing Online system at http://
Infrastructure and Advanced Reactors, Office Service’s request(s) can be accessed via www.prc.gov. Those who cannot submit
of New Reactors. the Commission’s Web site (http:// comments electronically should contact
[FR Doc. 2016–16469 Filed 7–12–16; 8:45 am] www.prc.gov). Non-public portions of the person identified in the FOR FURTHER
the Postal Service’s request(s), if any, INFORMATION CONTACT section by
BILLING CODE 7590–01–P
can be accessed through compliance telephone for advice on filing
with the requirements of 39 CFR alternatives.
POSTAL REGULATORY COMMISSION 3007.40. FOR FURTHER INFORMATION CONTACT:
The Commission invites comments on David A. Trissell, General Counsel, at
[Docket No. CP2016–237] whether the Postal Service’s request(s) 202–789–6820.
New Postal Product in the captioned docket(s) are consistent SUPPLEMENTARY INFORMATION:
with the policies of title 39. For
AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states Table of Contents
ACTION: Notice. concern market dominant product(s), I. Introduction
applicable statutory and regulatory II. Docketed Proceeding(s)
SUMMARY: The Commission is noticing requirements include 39 U.S.C. 3622, 39
recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 I. Introduction
jstallworth on DSK7TPTVN1PROD with NOTICES
Commission’s consideration concerning CFR part 3020, subpart B. For request(s) The Commission gives notice that the
a negotiated service agreement. This that the Postal Service states concern Postal Service filed request(s) for the
notice informs the public of the filing, competitive product(s), applicable Commission to consider matters related
invites public comment, and takes other statutory and regulatory requirements to negotiated service agreement(s). The
administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, request(s) may propose the addition or
DATES: Comments are due: July 14, 39 U.S.C. 3642, 39 CFR part 3015, and removal of a negotiated service
2016. 39 CFR part 3020, subpart B. Comment agreement from the market dominant or
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Document Created: 2016-07-13 01:44:05
Document Modified: 2016-07-13 01:44:05
| 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-draft section revision: Request for comment. | |
| Dates | Comments must be filed no later than August 12, 2016. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. | |
| Contact | Mark Notich, Office of New Reactors, telephone: 301-415-3053, email: [email protected]; or Nishka Devaser, Office of New Reactors, telephone: 301-415-5196; email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 45312 |
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