82 FR 8880 - Human Factors Engineering

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 19 (January 31, 2017)

Page Range		8880-8881
FR Document		2017-02060

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 18.0, ``Human Factors Engineering,'' of NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

Federal Register, Volume 82 Issue 19 (Tuesday, January 31, 2017)

[Federal Register Volume 82, Number 19 (Tuesday, January 31, 2017)]
[Notices]
[Pages 8880-8881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02060]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0187]


Human Factors Engineering

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 18.0, ``Human Factors Engineering,'' of 
NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition.''

DATES: The effective date of this SRP revision is March 2, 2017.

ADDRESSES: Please refer to Docket ID NRC-2015-0187 when contacting the 
NRC about the availability of information regarding this document. You 
may access 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-2015-0187. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 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 number for each document referenced in this notice (if 
that document is available in ADAMS) is provided the first time that a 
document is referenced. The final revisions, previously issued draft 
revisions for public use and comment,

[[Page 8881]]

and redline strikeouts comparing final revisions with draft revisions 
are available in ADAMS under the following Accession Nos.: ML16125A114, 
ML13108A095, and ML16125A296, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3053; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 10, 2015 (80 FR 47958), the NRC published for public 
comment a proposed revision of Section 18.0, ``Human Factors 
Engineering,'' of NUREG-0800, ``Standard Review Plan (SRP) for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.'' On October 8, 2015, the NRC received a request to extend the 
comment period for 30 days. Prior to granting the request, the NRC 
received a request for a public meeting to discuss industry comments. A 
public meeting was held on January 7, 2016, and on February 24, 2016 
(81 FR 9226), the NRC published an extension of the public comment 
period for the SRP. The public comment period closed on March 11, 2016. 
A summary of comments received and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft Standard Review Plan, Section 18.0, ``Human Factors 
Engineering,'' (ADAMS Accession No. ML16112A329). In addition to 
revising the text of SRP 18.0 to address public comments, the staff 
revised the text to add a reference to NUREG-1852; reinserted specific 
guidance that was in previous versions of SRP 18.0 but deleted during 
the draft phase of Revision 3; and made editorial changes. None of 
these revisions changed the staff's approach to reviewing human factors 
engineering information in licensing applications.

II. Backfitting and Issue Finality

    Section 18 of the SRP provides guidance to the staff for reviewing 
applications for a construction permit and an operating license under 
part 50 of title 10 of the Code of Federal Regulations (10 CFR) with 
respect to systems associated with human factors engineering. Section 
18.0 of the SRP provides guidance for reviewing an application for a 
standard design approval, a standard design certification, a combined 
license, and a manufacturing license under 10 CFR part 52 with respect 
to the same subject matters.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC's position is based upon the following considerations.
    1. The SRP positions would not constitute backfitting, inasmuch as 
the SRP is internal guidance to NRC staff.
    The SRP provides internal guidance to the NRC 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. The NRC staff has no intention to impose the SRP positions on 
existing licensees either now or in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licensees and regulatory approvals. 
Hence, the issuance of this SRP does not need to 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 licenses in a manner that challenges issue 
finality as described in the applicable part 52 issue finality 
provision, then the staff must either make the requisite showing as set 
forth in the Backfit Rule or address the criteria for avoiding issue 
finality as described in the applicable part 52 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. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--were 
intended to apply to every NRC action that 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) 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 SRP in a 
manner that is inconsistent with any issue finality provisions. If, in 
the future, the staff seeks to impose a position in the SRP section in 
a manner that does not provide issue finality as described in the 
applicable issue finality provision, then the staff must address the 
criteria for avoiding issue finality as described in the applicable 
issue finality provision.

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 26th day of January 2017.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Engineering, Infrastruture and Advanced Reactors, Office of New 
Reactors.
[FR Doc. 2017-02060 Filed 1-30-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Notices 8881

and redline strikeouts comparing final application for a standard design finality provisions. The NRC staff does
revisions with draft revisions are approval, a standard design not, at this time, intend to impose the
available in ADAMS under the certification, a combined license, and a positions represented in the SRP in a
following Accession Nos.: manufacturing license under 10 CFR manner that is inconsistent with any
ML16125A114, ML13108A095, and part 52 with respect to the same subject issue finality provisions. If, in the
ML16125A296, respectively. matters. future, the staff seeks to impose a
• NRC’s PDR: You may examine and Issuance of this SRP section revision position in the SRP section in a manner
purchase copies of public documents at does not constitute backfitting as that does not provide issue finality as
the NRC’s PDR, Room O1–F21, One defined in 10 CFR 50.109 (the Backfit described in the applicable issue finality
White Flint North, 11555 Rockville Rule) nor is it inconsistent with the provision, then the staff must address
Pike, Rockville, Maryland 20852. issue finality provisions in 10 CFR part the criteria for avoiding issue finality as
FOR FURTHER INFORMATION CONTACT: 52. The NRC’s position is based upon described in the applicable issue finality
Mark Notich, Office of New Reactors, the following considerations. provision.
U.S. Nuclear Regulatory Commission, 1. The SRP positions would not
constitute backfitting, inasmuch as the III. Congressional Review Act
Washington, DC 20555–0001; telephone:
301–415–3053; email: Mark.Notich@ SRP is internal guidance to NRC staff. This action is a rule as defined in the
The SRP provides internal guidance Congressional Review Act (5 U.S.C.
nrc.gov.
to the NRC staff on how to review an 801–808). However, the Office of
SUPPLEMENTARY INFORMATION: application for NRC regulatory approval Management and Budget has not found
I. Background in the form of licensing. Changes in it to be a major rule as defined in the
internal staff guidance are not matters Congressional Review Act.
On August 10, 2015 (80 FR 47958), for which either nuclear power plant
the NRC published for public comment applicants or licensees are protected Dated at Rockville, Maryland, this 26th day
a proposed revision of Section 18.0, of January 2017.
under either the Backfit Rule or the
‘‘Human Factors Engineering,’’ of issue finality provisions of 10 CFR part For the Nuclear Regulatory Commission.
NUREG–0800, ‘‘Standard Review Plan 52. Joseph Colaccino,
(SRP) for the Review of Safety Analysis 2. The NRC staff has no intention to Chief, New Reactor Rulemaking and
Reports for Nuclear Power Plants: LWR impose the SRP positions on existing Guidance Branch, Division of Engineering,
Edition.’’ On October 8, 2015, the NRC licensees either now or in the future. Infrastruture and Advanced Reactors, Office
received a request to extend the The NRC staff does not intend to of New Reactors.
comment period for 30 days. Prior to impose or apply the positions described [FR Doc. 2017–02060 Filed 1–30–17; 8:45 am]
granting the request, the NRC received in the SRP to existing licensees and BILLING CODE 7590–01–P
a request for a public meeting to discuss regulatory approvals. Hence, the
industry comments. A public meeting issuance of this SRP does not need to be
was held on January 7, 2016, and on evaluated as if it were a backfit or as NUCLEAR REGULATORY
February 24, 2016 (81 FR 9226), the being inconsistent with issue finality COMMISSION
NRC published an extension of the provisions. If, in the future, the NRC
public comment period for the SRP. The staff seeks to impose a position in the [NRC–2016–0070]
public comment period closed on March SRP on holders of already issued
11, 2016. A summary of comments licenses in a manner that challenges Information Collection: NRC Form 212,
received and the staff’s disposition of issue finality as described in the ‘‘Qualifications Investigation
the comments are available in a separate applicable part 52 issue finality Professional, Technical, and
document, ‘‘Response to Public provision, then the staff must either Administrative Positions’’
Comments on Draft Standard Review make the requisite showing as set forth AGENCY: Nuclear Regulatory
Plan, Section 18.0, ‘‘Human Factors in the Backfit Rule or address the Commission.
Engineering,’’ (ADAMS Accession No. criteria for avoiding issue finality as ACTION: Notice of submission to the
ML16112A329). In addition to revising described in the applicable part 52 issue Office of Management and Budget
the text of SRP 18.0 to address public finality provision. (OMB); request for comment.
comments, the staff revised the text to 3. Backfitting and issue finality do
add a reference to NUREG–1852; not—with limited exceptions not SUMMARY: The U.S. Nuclear Regulatory
reinserted specific guidance that was in applicable here—protect current or Commission (NRC) has recently
previous versions of SRP 18.0 but future applicants. submitted a request for renewal of an
deleted during the draft phase of Applicants and potential applicants existing collection of information to
Revision 3; and made editorial changes. are not, with certain exceptions, OMB for review. The information
None of these revisions changed the protected by either the Backfit Rule or collection is entitled, NRC Form 212,
staff’s approach to reviewing human any issue finality provisions under 10 ‘‘Qualifications Investigation
factors engineering information in CFR part 52. Neither the Backfit Rule Professional, Technical, and
licensing applications. nor the issue finality provisions under Administrative Positions.’’
10 CFR part 52—with certain
II. Backfitting and Issue Finality DATES: Submit comments by March 2,
exclusions—were intended to apply to
Section 18 of the SRP provides 2017.
every NRC action that substantially
asabaliauskas on DSK3SPTVN1PROD with NOTICES

guidance to the staff for reviewing changes the expectations of current and ADDRESSES: Submit comments directly
applications for a construction permit future applicants. to the OMB reviewer at: Vlad Dorjets,
and an operating license under part 50 The exceptions to the general Desk Officer, Office of Information and
of title 10 of the Code of Federal principle are applicable whenever an Regulatory Affairs (3150–0033), NEOB–
Regulations (10 CFR) with respect to applicant references a 10 CFR part 52 10202, Office of Management and
systems associated with human factors license (e.g., an early site permit) or Budget, Washington, DC 20503;
engineering. Section 18.0 of the SRP NRC regulatory approval (e.g., a design telephone: 202–395–7315, email: oira_
provides guidance for reviewing an certification rule) with specified issue submission@omb.eop.gov.

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Document Created: 2017-01-31 00:19:53
Document Modified: 2017-01-31 00:19:53

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 SRP revision is March 2, 2017.
Contact		Mark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3053; email: [email protected]
FR Citation		82 FR 8880