83 FR 45995 - Proposed Revisions to Standard Review Plan Section 13.4, Operational Programs

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range		45995-45996
FR Document		2018-19685

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 13.4, ``Operational Programs.'' The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP) concerning guidance for the review and implementation of operational programs required by the NRC's regulations for combined operating license applications.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45995-45996]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-19685]

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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0196]

Proposed Revisions to Standard Review Plan Section 13.4,
Operational Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for
comment.

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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 13.4, ``Operational Programs.'' The NRC seeks
comments on the proposed draft section revision of the Standard Review
Plan (SRP) concerning guidance for the review and implementation of
operational programs required by the NRC's regulations for combined
operating license applications.

DATES: Comments must be filed no later than November 13, 2018. 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:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0196. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: May Ma, Office of Administration, Mail
Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

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

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2018-0196 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0196.
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 ``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 draft revision and current
revision to NUREG-0800, Section13.4, ``Operational Programs'' is
available in ADAMS under Accession No. ML18131A304 and ML070470463. The
redline-strikeout version comparing the draft revision 4 and the
current version of revision 3 is available under Accession No.
ML18143B713.
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-2018-0196 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 proposed SRP-draft section
revision of Section 13.4, ``Operational Programs.'' The changes made in
this revision to this section reflect the latest NRC guidance
concerning operational programs.
Following NRC staff evaluation of public comments, the NRC intends
to finalize SRP Section 13.4, ``Operational Program,'' Revision 4 in
ADAMS and post it on the NRC's public website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. 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 section 50.109 of title 10 of the Code of
Federal Regulations (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 do not constitute backfitting, inasmuch
as the SRP is guidance directed to the NRC staff with respect to its
regulatory responsibilities.
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 guidance intended for use by only the staff are
not matters that constitute backfitting as that term is defined in 10
CFR 50.109(a)(1) or involve the issue finality provisions of 10 CFR
part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not apply to current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, the subject of 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
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 a
10 CFR part 50 operating license applicant

[[Page 45996]]

references a construction permit or a 10 CFR part 52 combined license
applicant references a license (e.g., an early site permit) and/or NRC
regulatory approval (e.g., a design certification rule) for which
specified issue finality provisions apply.
The NRC staff does not, at this time, intend to impose the
positions represented in this draft SRP section in a manner that
constitutes backfitting or is inconsistent with any issue finality
provision of 10 CFR part 52. If, in the future, the staff seeks to
impose a position in this draft SRP section in a manner that would
constitute backfitting or be inconsistent with these issue finality
provisions, the NRC staff must make the showing as set forth in the
Backfit rule or address the regulatory criteria set forth in the
applicable issue finality provision, as applicable, that would allow
the staff to impose the position.
3. The NRC staff has no intention to impose the SRP positions on
existing nuclear power plant licensees either now or in the future
(absent a voluntary request for a change from the licensee, holder of a
regulatory approval or a design certification applicant).
The NRC staff does not intend to impose or apply the positions
described in the draft SRP to existing (already issued) licenses (e.g.,
operating licenses and combined licenses) and regulatory approvals.
Hence, the issuance of this SRP guidance--even if considered guidance
subject to the Backfit Rule or the issue finality provisions in 10 CFR
part 52--would not need to be evaluated as if it were a backfit or as
being inconsistent with these 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 would constitute
backfitting or does not provide issue finality as described in the
applicable issue finality provision, then the staff must make a showing
as set forth in the Backfit Rule or address the criteria set forth in
the applicable issue finality provision, as applicable, that would
allow the staff to impose the position.

Dated at Rockville, Maryland, this 6th day of September 2018.

For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and
Environmental Analysis, Office of New Reactors.
[FR Doc. 2018-19685 Filed 9-10-18; 8:45 am]
BILLING CODE 7590-01-P

45996 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

references a construction permit or a 10 PENSION BENEFIT GUARANTY of information are described below.
CFR part 52 combined license applicant CORPORATION OMB approvals for these collections of
references a license (e.g., an early site information expire November 30, 2018.
permit) and/or NRC regulatory approval Submission of Information Collections On July 6, 2018, PBGC published (at 83
(e.g., a design certification rule) for for OMB Review; Comment Request; FR 31574) a notice of its intent to
which specified issue finality provisions Multiemployer Plan Regulations request that OMB extend approval of
apply. these collections of information. No
AGENCY: Pension Benefit Guaranty
comments were received. PBGC is
The NRC staff does not, at this time, Corporation. requesting that OMB extend its approval
intend to impose the positions ACTION: Notice of request for OMB of these collections of information for
represented in this draft SRP section in approval. three years. An agency may not conduct
a manner that constitutes backfitting or or sponsor, and a person is not required
is inconsistent with any issue finality SUMMARY: The Pension Benefit Guaranty
to respond to, a collection of
provision of 10 CFR part 52. If, in the Corporation (PBGC) is requesting that
information unless it displays a
future, the staff seeks to impose a the Office of Management and Budget
currently valid OMB control number.
position in this draft SRP section in a (OMB) extend approval, under the
manner that would constitute Paperwork Reduction Act, of collections 1. Termination of Multiemployer Plans
backfitting or be inconsistent with these of information in PBGC’s regulations on (29 CFR Part 4041A) (OMB Control
multiemployer plans. This notice Number 1212–0020) (Expires November
issue finality provisions, the NRC staff
informs the public of PBGC’s request 30, 2018)
must make the showing as set forth in
and solicits public comment on the Section 4041A(f)(2) of ERISA
the Backfit rule or address the
collections of information. authorizes PBGC to prescribe reporting
regulatory criteria set forth in the
DATES: Comments must be submitted by requirements and other rules and
applicable issue finality provision, as
applicable, that would allow the staff to October 11, 2018. standards for administering terminated
impose the position. ADDRESSES: Comments should be sent to multiemployer plans. Section 4041A(c)
the Office of Information and Regulatory and (f)(1) of ERISA prohibit the payment
3. The NRC staff has no intention to Affairs, Office of Management and by a mass-withdrawal-terminated plan
impose the SRP positions on existing Budget, Attention: Desk Officer for of lump sums greater than $1,750 or of
nuclear power plant licensees either Pension Benefit Guaranty Corporation, nonvested plan benefits unless
now or in the future (absent a voluntary via electronic mail at OIRA_DOCKET@ authorized by PBGC.
request for a change from the licensee, omb.eop.gov or by fax to (202) 395– The regulation requires the plan
holder of a regulatory approval or a 6974. sponsor of a terminated plan to submit
design certification applicant). A copy of the request will be posted a notice of termination to PBGC. It also
The NRC staff does not intend to on PBGC’s website at https:// requires the plan sponsor of a mass-
impose or apply the positions described www.pbgc.gov/prac/laws-and- withdrawal-terminated plan that is
in the draft SRP to existing (already regulations/information-collections- closing out to give notices to
issued) licenses (e.g., operating licenses under-omb-review. It may also be participants regarding the election of
and combined licenses) and regulatory obtained without charge by writing to alternative forms of benefit distribution
approvals. Hence, the issuance of this the Disclosure Division of the Office of and, if the plan is not closing out, to
SRP guidance—even if considered the General Counsel, 1200 K Street NW, obtain PBGC approval to pay lump sums
guidance subject to the Backfit Rule or Washington, DC 20005–4026, faxing a greater than $1,750 or to pay nonvested
the issue finality provisions in 10 CFR request to 202–326–4042, or calling plan benefits.
part 52—would not need to be evaluated 202–326–4040 during normal business PBGC uses the information in a notice
as if it were a backfit or as being hours (TTY users may call the Federal of termination to assess the likelihood
inconsistent with these issue finality relay service toll-free at 1–800–877– that PBGC financial assistance will be
8339 and ask to be connected to 202– needed. Plan participants and
provisions. If, in the future, the NRC
326–4040). The Disclosure Division will beneficiaries use the information on
staff seeks to impose a position in the
email, fax, or mail the information to alternative forms of benefit to make
SRP on holders of already issued
you, as you request. personal financial decisions. PBGC uses
licenses in a manner that would
FOR FURTHER INFORMATION CONTACT: the information in an application for
constitute backfitting or does not
Hilary Duke (duke.hilary@pbgc.gov), approval to pay lump sums greater than
provide issue finality as described in the $1,750 or to pay nonvested plan benefits
applicable issue finality provision, then Assistant General Counsel for
Regulatory Affairs, Office of the General to determine whether such payments
the staff must make a showing as set should be permitted.
forth in the Backfit Rule or address the Counsel, Pension Benefit Guaranty
Corporation, 1200 K Street NW, PBGC estimates that each year plan
criteria set forth in the applicable issue sponsors submit notices of termination
finality provision, as applicable, that Washington, DC 20005–4026, 202–326–
4400, extension 3839. (TTY users may for ten plans, distribute election notices
would allow the staff to impose the to participants in three of those plans,
position. call the Federal relay service toll-free at
1–800–877–8339 and ask to be and submit requests to pay benefits or
Dated at Rockville, Maryland, this 6th day connected to 202–326–4400, extension benefit forms not otherwise permitted
of September 2018. 3839.) for one of those plans. The estimated
annual burden of the collection of
daltland on DSKBBV9HB2PROD with NOTICES

For the Nuclear Regulatory Commission.
SUPPLEMENTARY INFORMATION: OMB has information is 69 hours and $50,000.
Jennivine K. Rankin, approved and issued control numbers
Acting Chief, Licensing Branch 3, Division for three collections of information in 2. Notice of Insolvency (29 CFR Part
of Licensing, Siting, and Environmental PBGC’s regulations relating to 4245) (OMB Control Number 1212–
Analysis, Office of New Reactors. multiemployer plans under the 0033) (Expires November 30, 2018)
[FR Doc. 2018–19685 Filed 9–10–18; 8:45 am] Employee Retirement Income Security Section 4245(e) of ERISA requires two
BILLING CODE 7590–01–P Act of 1974 (ERISA). These collections types of notice: A ‘‘notice of

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Document Created: 2018-09-11 01:03:03
Document Modified: 2018-09-11 01:03:03

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 November 13, 2018. 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 D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-3053, email: [email protected]
FR Citation		83 FR 45995