Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45995 

For the Nuclear Regulatory Commission. 

John P. Clements, 

Acting Branch Chief, Reactor 

Decommissioning Branch, Division of 

Decommissioning, Uranium Recovery, and 

Waste Programs, Office of Nuclear Material 

Safety and Safeguards. 

[FR Doc. 2018–19602 Filed 9–10–18; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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 publiclyavailable 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 publiclyavailable 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/doccollections/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 


daltland on DSKBBV9HB2PROD with NOTICES
45996 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

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 

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collections 

for OMB Review; Comment Request; 

Multiemployer Plan Regulations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of request for OMB 

approval. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is requesting that 

the Office of Management and Budget 

(OMB) extend approval, under the 

Paperwork Reduction Act, of collections 

of information in PBGC’s regulations on 

multiemployer plans. This notice 

informs the public of PBGC’s request 

and solicits public comment on the 

collections of information. 

DATES: Comments must be submitted by 

October 11, 2018. 

ADDRESSES: Comments should be sent to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

Pension Benefit Guaranty Corporation, 

via electronic mail at OIRA_DOCKET@

omb.eop.gov or by fax to (202) 395– 

6974. 

A copy of the request will be posted 

on PBGC’s website at https://

www.pbgc.gov/prac/laws-andregulations/information-collectionsunder-omb-review. It may also be 

obtained without charge by writing to 

the Disclosure Division of the Office of 

the General Counsel, 1200 K Street NW, 

Washington, DC 20005–4026, faxing a 

request to 202–326–4042, or calling 

202–326–4040 during normal business 

hours (TTY users may call the Federal 

relay service toll-free at 1–800–877– 

8339 and ask to be connected to 202– 

326–4040). The Disclosure Division will 

email, fax, or mail the information to 

you, as you request. 

FOR FURTHER INFORMATION CONTACT: 

Hilary Duke (duke.hilary@pbgc.gov), 

Assistant General Counsel for 

Regulatory Affairs, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street NW, 

Washington, DC 20005–4026, 202–326– 

4400, extension 3839. (TTY users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4400, extension 

3839.) 

SUPPLEMENTARY INFORMATION: OMB has 

approved and issued control numbers 

for three collections of information in 

PBGC’s regulations relating to 

multiemployer plans under the 

Employee Retirement Income Security 

Act of 1974 (ERISA). These collections 

of information are described below. 

OMB approvals for these collections of 

information expire November 30, 2018. 

On July 6, 2018, PBGC published (at 83 

FR 31574) a notice of its intent to 

request that OMB extend approval of 

these collections of information. No 

comments were received. PBGC is 

requesting that OMB extend its approval 

of these collections of information for 

three years. An agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

1. Termination of Multiemployer Plans 

(29 CFR Part 4041A) (OMB Control 

Number 1212–0020) (Expires November 

30, 2018) 

Section 4041A(f)(2) of ERISA 

authorizes PBGC to prescribe reporting 

requirements and other rules and 

standards for administering terminated 

multiemployer plans. Section 4041A(c) 

and (f)(1) of ERISA prohibit the payment 

by a mass-withdrawal-terminated plan 

of lump sums greater than $1,750 or of 

nonvested plan benefits unless 

authorized by PBGC. 

The regulation requires the plan 

sponsor of a terminated plan to submit 

a notice of termination to PBGC. It also 

requires the plan sponsor of a masswithdrawal-terminated plan that is 

closing out to give notices to 

participants regarding the election of 

alternative forms of benefit distribution 

and, if the plan is not closing out, to 

obtain PBGC approval to pay lump sums 

greater than $1,750 or to pay nonvested 

plan benefits. 

PBGC uses the information in a notice 

of termination to assess the likelihood 

that PBGC financial assistance will be 

needed. Plan participants and 

beneficiaries use the information on 

alternative forms of benefit to make 

personal financial decisions. PBGC uses 

the information in an application for 

approval to pay lump sums greater than 

$1,750 or to pay nonvested plan benefits 

to determine whether such payments 

should be permitted. 

PBGC estimates that each year plan 

sponsors submit notices of termination 

for ten plans, distribute election notices 

to participants in three of those plans, 

and submit requests to pay benefits or 

benefit forms not otherwise permitted 

for one of those plans. The estimated 

annual burden of the collection of 

information is 69 hours and $50,000. 

2. Notice of Insolvency (29 CFR Part 

4245) (OMB Control Number 1212– 

0033) (Expires November 30, 2018) 

Section 4245(e) of ERISA requires two 

types of notice: A ‘‘notice of 


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