83 FR 48473 - Proposed Revisions to Standard Review Plan Section 14.3.3, Piping Systems and Components-Inspections, Tests, Analyses, and Acceptance Criteria

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range		48473-48474
FR Document		2018-20826

The U.S. Nuclear Regulatory Commission (NRC) is re-noticing the solicitation for public comment published in the Federal Register on September 11, 2017, on NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' SRP Section 14.3.3, ``Piping Systems and Components-- Inspections, Tests, Analyses, and Acceptance Criteria.''

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48473-48474]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-20826]

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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0187]

Proposed Revisions to Standard Review Plan Section 14.3.3, Piping
Systems and Components--Inspections, Tests, Analyses, and Acceptance
Criteria

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 re-noticing
the solicitation for public comment published in the Federal Register
on September 11, 2017, on NUREG-0800, ``Standard Review Plan for the
Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition,'' SRP Section 14.3.3, ``Piping Systems and Components--
Inspections, Tests, Analyses, and Acceptance Criteria.''

DATES: Comments must be filed no later than November 26, 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-2017-0187. Address
questions about docket IDs in Regulations.gov 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-2017-0187 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-2017-0187.
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, Section 14.3.3, ``Piping Systems and
Components--Inspections, Tests, Analyses, and Acceptance Criteria,'' is
available in ADAMS under Accession No. ML18088A069 and ML070660622. The
redline-strikeout version comparing the draft revision 1 and the
current version of revision 0 is available in ADAMS under Accession No.
ML18092A046.
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-2017-0187 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

[[Page 48474]]

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 14.3.3, ``Piping Systems and Components--
Inspections, Tests, Analyses, and Acceptance Criteria.'' This re-notice
includes revisions initiated by the staff to address editorial issues
and provide further clarification on particular issues. This revision
supersedes the previous revision issued on September 11, 2017, and the
staff will not be addressing previously submitted comments. Following
NRC staff evaluation of public comments, the NRC intends to finalize
SRP Section 14.3.3, Revision 1 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 10 CFR 50.109 (the Backfit Rule), or
otherwise be inconsistent with the issue finality provisions in 10 CFR
part 52. The staff's position is based upon the following
considerations.
1. The draft SRP positions, if finalized, do not constitute
backfitting, inasmuch as the SRP is guidance directed to the NRC staff
with respect to its regulatory responsibilities.
The SRP provides interim guidance to the staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in staff 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 which substantially changes
the expectations of current and future applicants.
The exceptions to this general principle are applicable whenever a
10 CFR part 50 operating license applicant references a construction
permit or a 10 CFR part 52 combined license applicant references a
license (e.g., an early site permit) and/or an NRC regulatory approval
(e.g., a design certification rule) for which specified issue finality
provisions apply.
The NRC staff does not currently intend to impose the positions
represented in the draft SRP section in a manner that constitutes
backfitting or is inconsistent with any issue finality provision in 10
CFR part 52. If in the future the NRC staff seeks to impose a position
stated 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 for set forth in the applicable issue
finality provision, as applicable, that would allow the staff to impose
the position.
3. The staff has no intention to impose the draft SRP positions on
existing nuclear power plant licenses 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 this draft SRP section to existing (already issued)
licenses (e.g., operating licenses and combined licenses) and
regulatory approvals. Hence, this draft SRP guidance--even if
considered guidance subject to the Backfit rule or the issue finality
provisions in 10 CFR part 52--need not 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 this
draft SRP section 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 the 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 20th 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. 2018-20826 Filed 9-24-18; 8:45 am]
BILLING CODE 7590-01-P

48474 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

submissions available to the public or CFR part 52 combined license applicant SECURITIES AND EXCHANGE
entering the comment into ADAMS. references a license (e.g., an early site COMMISSION
II. Further Information permit) and/or an NRC regulatory
approval (e.g., a design certification [Release No. 34–84195; File No. SR–
The NRC seeks public comment on rule) for which specified issue finality NYSEArca–2018–54]
the proposed SRP-draft section revision provisions apply.
of Section 14.3.3, ‘‘Piping Systems and Self-Regulatory Organizations; NYSE
Components—Inspections, Tests, The NRC staff does not currently
Arca, Inc.; Notice of Designation of a
Analyses, and Acceptance Criteria.’’ intend to impose the positions
Longer Period for Commission Action
This re-notice includes revisions represented in the draft SRP section in
on a Proposed Rule Change To Amend
initiated by the staff to address editorial a manner that constitutes backfitting or Commentary .01 to NYSE Arca Rule
issues and provide further clarification is inconsistent with any issue finality 8.600–E Relating to Certain Generic
on particular issues. This revision provision in 10 CFR part 52. If in the Listing Standards for Managed Fund
supersedes the previous revision issued future the NRC staff seeks to impose a Shares
on September 11, 2017, and the staff position stated in this draft SRP section
will not be addressing previously in a manner that would constitute September 19, 2018.
submitted comments. Following NRC backfitting or be inconsistent with these On July 18, 2018, NYSE Arca, Inc.
staff evaluation of public comments, the issue finality provisions, the NRC staff (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed
NRC intends to finalize SRP Section must make the showing as set forth in with the Securities and Exchange
14.3.3, Revision 1 in ADAMS and post the Backfit Rule or address the Commission (‘‘Commission’’), pursuant
it on the NRC’s public website at http:// regulatory criteria for set forth in the to Section 19(b)(1) of the Securities
www.nrc.gov/reading-rm/doc- applicable issue finality provision, as Exchange Act of 1934 (‘‘Act’’) 1 and Rule
collections/nuregs/staff/sr0800/. The applicable, that would allow the staff to 19b–4 thereunder,2 a proposed rule
SRP is guidance for the NRC staff. The impose the position. change to amend Commentary .01 to
SRP is not a substitute for the NRC NYSE Arca Rule 8.600–E relating to
3. The staff has no intention to
regulations, and compliance with the certain generic listing standards for
impose the draft SRP positions on
SRP is not required. Managed Fund Shares. The proposed
existing nuclear power plant licenses rule change was published for comment
III. Backfitting and Issue Finality either now or in the future (absent a in the Federal Register on August 7,
Issuance of this draft SRP, if finalized, voluntary request for a change from the 2018.3 The Commission has received no
would not constitute backfitting as licensee, holder of a regulatory comments on the proposed rule change.
defined in 10 CFR 50.109 (the Backfit approval, or a design certification Section 19(b)(2) of the Act 4 provides
Rule), or otherwise be inconsistent with applicant). that, within 45 days of the publication
the issue finality provisions in 10 CFR The NRC staff does not intend to of notice of the filing of a proposed rule
part 52. The staff’s position is based impose or apply the positions described change, or within such longer period up
upon the following considerations. in this draft SRP section to existing to 90 days as the Commission may
1. The draft SRP positions, if (already issued) licenses (e.g., operating designate if it finds such longer period
finalized, do not constitute backfitting, licenses and combined licenses) and to be appropriate and publishes its
inasmuch as the SRP is guidance regulatory approvals. Hence, this draft reasons for so finding or as to which the
directed to the NRC staff with respect to SRP guidance—even if considered self-regulatory organization consents,
its regulatory responsibilities. guidance subject to the Backfit rule or the Commission shall either approve the
The SRP provides interim guidance to the issue finality provisions in 10 CFR proposed rule change, disapprove the
the staff on how to review an part 52—need not be evaluated as if it proposed rule change, or institute
application for NRC regulatory approval were a backfit or as being inconsistent proceedings to determine whether the
in the form of licensing. Changes in staff proposed rule change should be
with these issue finality provisions. If,
guidance intended for use by only the disapproved. The 45th day after
in the future, the NRC staff seeks to
staff are not matters that constitute publication of the notice for this
impose a position in this draft SRP
backfitting as that term is defined in 10 proposed rule change is September 21,
section on holders of already issued
CFR 50.109(a)(1) or involve the issue 2018. The Commission is extending this
licenses in a manner that would
finality provisions of 10 CFR part 52. 45-day time period.
2. Backfitting and issue finality—with constitute backfitting or does not
provide issue finality as described in the The Commission finds that it is
certain exceptions discussed below—do appropriate to designate a longer period
not apply to current or future applicable issue finality provision, then
the staff must make the showing as set within which to take action on the
applicants. proposed rule change so that it has
Applicants and potential applicants forth in the Backfit Rule or address the
criteria set forth in the applicable issue sufficient time to consider the proposed
are not, with certain exceptions, the rule change. Accordingly, the
subject of either the Backfit Rule or any finality provision, as applicable, that
would allow the staff to impose the Commission, pursuant to Section
issue finality provisions under 10 CFR 19(b)(2) of the Act,5 designates
part 52. This is because neither the position.
November 5, 2018, as the date by which
Backfit Rule nor the issue finality Dated at Rockville, Maryland, this 20th day the Commission shall either approve or
provisions under 10 CFR part 52 were of September 2018. disapprove, or institute proceedings to
intended to apply to every NRC action
daltland on DSKBBV9HB2PROD with NOTICES

For the Nuclear Regulatory Commission. determine whether to disapprove, the
which substantially changes the
expectations of current and future Jennivine K. Rankin,
1 15 U.S.C. 78s(b)(1).
applicants. Acting Chief, Licensing Branch 3, Division
2 17 CFR 240.19b–4.
The exceptions to this general of Licensing, Siting, and Environmental
3 See Securities Exchange Act Release No. 83759
principle are applicable whenever a 10 Analysis, Office of New Reactors.
(August 1, 2018), 83 FR 38753.
CFR part 50 operating license applicant [FR Doc. 2018–20826 Filed 9–24–18; 8:45 am] 4 15 U.S.C. 78s(b)(2).

references a construction permit or a 10 BILLING CODE 7590–01–P 5 Id.

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Document Created: 2018-09-25 00:22:02
Document Modified: 2018-09-25 00:22:02

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 26, 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 48473