[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26810-26811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10920]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0180]


Adequacy of Design Features and Functional Capabilities 
Identified and Described for Withstanding Aircraft Impacts

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan section; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
section of NUREG-0800, ``Standard Review Plan for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition.'' The new 
section, designated as Revision 0, is Section 19.5, ``Adequacy of 
design features and functional capabilities identified and described 
for withstanding aircraft impacts.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
June 7, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0180 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0180. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library 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 in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Final Revision 0 to NUREG-0800 is available in ADAMS under 
Accession No. ML12276A112.
     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: Ms. Anna H. Bradford, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-1560, email: Anna.Bradford@nrc.gov.

SUPPLEMENTARY INFORMATION: On August 2, 2012 (77 FR 46128), the NRC 
published for public comment the proposed Revision 0 to Section 19.5, 
``Adequacy of design features and functional capabilities identified 
and described for withstanding aircraft impacts,'' (ADAMS Accession No. 
ML12138A468). Three comment submissions were received on the proposed 
revision (ADAMS Accession Nos.: ML12249A406, ML12237A139 and 
ML12258A071). The staff made changes to the proposed revision after 
consideration of the comments. A summary of the comments and the 
staff's disposition of the comments are available in a separate 
document, Response to Public Comments On Draft Standard Review Plan 
(SRP) 19.5: Adequacy Of Design Features And Functional Capabilities 
Identified And Described For Withstanding Aircraft Impacts (ADAMS 
Accession No. ML12306A341). The staff has also prepared a redline 
version of the SRP section showing the difference between the proposed 
and final SRP section (ADAMS Accession No. ML12307A168).
    The NRC staff will incorporate the positions reflected in Revision 
0 of SRP Section 19.5 into the next revision of Regulatory Guide 1.206, 
``Combined License Applications for Nuclear Power Plants'' (ADAMS 
Accession No. ML070720184).

Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in Sec.  50.109 of Title 10 of the Code of Federal 
Regulations (10 CFR) (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in part 52 of 10 CFR. 
The staff's position is based upon the following considerations:
     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 positions represent the first internal NRC 
guidance on a regulation for which the backfitting and issue finality 
considerations have already been addressed.
     The NRC staff has no intention to impose the SRP positions 
on current licensees and regulatory approvals either now or in the 
future.
     Backfitting and issue finality do not--with limited 
exceptions not applicable here--protect current or future applicants.
    Each of these considerations is discussed in more detail below.
    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 part 52.
    2. The SRP positions represent the first internal NRC guidance on a 
regulation for which the backfitting and issue finality considerations 
have already been addressed.
    This SRP addresses compliance with the Aircraft Impact Assessment 
(AIA) Rule, 10 CFR 50.150. The backfitting and issue finality issues 
for this rulemaking were addressed as part of the original AIA 
rulemaking (74 FR 28112, 28143-45; June 12, 2009).

[[Page 26811]]

Inasmuch as the SRP merely implements the AIA Rule, the SRP introduces 
no new backfitting or issue finality matters apart from those addressed 
in the underlying rulemaking. Therefore, the staff's position is that 
the NRC's consideration of backfitting and issue finality matters for 
the underlying AIA rulemaking also serves as the NRC's consideration of 
the same backfitting and issue finality matters for the issuance of 
this SRP.
    3. The NRC staff has no intention to impose the SRP positions on 
current licensees and regulatory approvals either now or in the future.
    The staff does not intend to impose or apply the positions 
described in the 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 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 holders of licenses SRP 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.
    4. 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 part 52. This is because neither the Backfit Rule nor 
the issue finality provisions under 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 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, 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 in a manner which 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.

Congressional Review Act

    In accordance with the Congressional Review Act, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
the Office of Management and Budget.

    Dated at Rockville, Maryland, this 25th day of April 2013.

    For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Policy Branch, Division of Advanced Reactors and 
Rulemaking, Office of New Reactors.
[FR Doc. 2013-10920 Filed 5-7-13; 8:45 am]
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