This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

52593 

Vol. 86, No. 181 

Wednesday, September 22, 2021 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 52 

[NRC–2020–0269] 

RIN 3150–AK56 

Extending the Duration of the AP1000 

Design Certification 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule and issuance of 

environmental assessment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to update the design to 

reflect changes provided by 

Westinghouse Electric Company LLC 

and to extend the duration of the 

AP1000 design certification for an 

additional 5 years. The NRC is also 

issuing an environmental assessment. 

DATES: The final rule is effective 

December 6, 2021, unless significant 

adverse comments are received by 

October 22, 2021. If the direct final rule 

is withdrawn as a result of such 

comments, timely notice of the 

withdrawal will be published in the 

Federal Register. The incorporation by 

reference of certain publications listed 

in this regulation is approved by the 

Director of the Office of the Federal 

Register as of December 6, 2021. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0269. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

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: 

Daniel Doyle, Office of Nuclear Material 

Safety and Safeguards, telephone: 301– 

415–3748, email: Daniel.Doyle@nrc.gov, 

or Bruce Bavol, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–6715, email: Bruce.Bavol@nrc.gov. 

Both are staff of the U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Rulemaking Procedure 

III. Background 

IV. Discussion 

V. Section-by-Section Analysis 

VI. Regulatory Flexibility Certification 

VII. Regulatory Analysis 

VIII. Backfitting and Issue Finality 

IX. Plain Writing 

X. Environmental Assessment and Final 

Finding of No Significant Impact 

XI. Paperwork Reduction Act 

XII. Congressional Review Act 

XIII. Agreement State Compatibility 

XIV. Voluntary Consensus Standards 

XV. Availability of Documents 

XVI. Procedures for Access to Proprietary 

and Security-Related Information for 

Preparation of Comments on the Direct 

Final Rule 

XVII. Incorporation by Reference— 

Reasonable Availability to Interested 

Parties 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2020– 

0269 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 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0269. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://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 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

Availability of Documents section. 

• Attention: The Public Document 

Room, where you may examine and 

order copies of public documents, is 

currently closed. You may submit your 

request via email at PDR.Resource@

nrc.gov or call 1–800–397–4209 between 

8:00 a.m. and 4:00 p.m. (ET), Monday 

through Friday, except Federal holidays. 

• Attention: The Technical Library, 

which is located at Two White Flint 

North, 11545 Rockville Pike, Rockville, 

Maryland 20852, is open by 

appointment only. Interested parties 

may make appointments to examine 

documents by contacting the NRC 

Technical Library by email at 

Library.Resource@nrc.gov between 8:00 

a.m. and 4:00 p.m. (ET), Monday 

through Friday, except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2020–0269 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 https://

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 

52594 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 

submissions available to the public or 

entering the comment into ADAMS. 

Comments received after October 22, 

2021, will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Comments received on this direct final 

rule also will be considered to be 

comments on a companion proposed 

rule published in the Proposed Rules 

section of this issue of the Federal 

Register. 

II. Rulemaking Procedure 

Because the NRC anticipates that this 

action will be non-controversial, the 

NRC is using the ‘‘direct final rule 

procedure’’ for this rule. The rule will 

become effective on December 6, 2021. 

However, if the NRC receives significant 

adverse comments by October 22, 2021, 

then the NRC will publish a document 

that withdraws this direct final rule and 

will subsequently address the comments 

received in any final rule as a response 

to the companion proposed rule 

published in the Proposed Rules section 

of this issue of the Federal Register. 

Absent significant modifications to the 

proposed revisions requiring 

republication, the NRC does not intend 

to initiate a second comment period on 

this action in the event the direct final 

rule is withdrawn. 

A significant adverse comment is a 

comment in which the commenter 

explains why the rule (including the 

environmental assessment) would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if it 

meets the following criteria: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC to 

reevaluate (or reconsider) its position or 

conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC to 

make a change (other than editorial) to 

the rule. 

For detailed instructions on filing 

comments, please see the ADDRESSES

section in the companion proposed rule 

published in the Proposed Rules section 

of this issue of the Federal Register. 

III. Background 

The NRC is amending the design 

certification (DC) for the AP1000 

standard plant design to extend the 

duration of the DC for 5 years, as 

proposed by the NRC staff in SECY–20– 

0082, ‘‘Rulemaking Plan to Extend the 

Duration of the AP1000 Design 

Certification,’’ dated September 8, 2020 

(‘‘rulemaking plan’’), and approved by 

the Commission in SRM–SECY–20– 

0082, dated November 17, 2020. To 

issue this extension, the NRC must 

conclude that the standard design 

continues to meet the applicable 

standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the AEA), and the Commission’s 

regulations. This action allows an 

applicant to reference the AP1000 

design certification while the 

Commission considers potential 

changes to the duration and renewal of 

future and currently valid design 

certifications more broadly in a 

separate, ongoing rulemaking 

(Alignment of Licensing Processes and 

Lessons Learned from New Reactor 

Licensing NRC–2009–0196; RIN 3150– 

AI66). The NRC also is updating the DC 

to reflect changes provided by 

Westinghouse Electric Company LLC 

(Westinghouse), by letter dated March 

19, 2021 (ADAMS Accession No. 

ML21081A023). 

The purpose of the amendment is to 

extend by 5 years the period that the 

AP1000 DC is valid for referencing by 

an applicant and to include design 

changes previously approved by the 

NRC in multiple combined license 

proceedings. The extended duration 

aligns with the extended renewal period 

previously granted by the NRC to 

Westinghouse for the AP1000 DC in its 

exemption issued by letter dated 

February 14, 2018 (ADAMS Accession 

No. ML17265A099). With this duration 

extension, the AP1000 DC remains valid 

for referencing until February 27, 2026. 

The AP1000 DC in appendix D, 

‘‘Design Certification Rule for the 

AP1000 Design,’’ to part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ of title 10 of the 

Code of Federal Regulations (10 CFR) 

expired on February 27, 2021. By letter 

dated June 26, 2020, Westinghouse 

requested that the NRC extend the 

duration of the AP1000 DC by 5 years, 

retroactive to the expiration date. 

IV. Discussion 

In the rulemaking plan, the NRC staff 

acknowledged that there were known 

design issues that it would need to 

assess in the rulemaking to determine 

their impact on the necessary safety and 

environmental findings. The following 

five aspects of the design were 

discovered to have issues after the NRC 

updated the design certification rule to 

incorporate Revision 19 of the AP1000 

design control document (DCD) 

(ADAMS Accession No. ML11171A500) 

on December 30, 2011: (1) Passive core 

cooling system containment condensate 

return, (2) main control room dose, (3) 

main control room heatup, (4) hydrogen 

vent inspections, tests, analyses, and 

acceptance criteria (ITAAC), and (5) 

neutron flux logic operating bypass. 

Combined license holders and 

applicants have previously referenced 

and resolved these five design issues, 

and the NRC has approved the same 

changes to address the issues in 

multiple combined license applications 

and amendments. 

After the NRC staff began assessing 

the known design issues for the 

rulemaking, Westinghouse indicated its 

preference to update the design to 

reflect the changes made in the previous 

applications referencing the AP1000 

design. By letter dated March 19, 2021 

(ADAMS Accession No. ML21081A023), 

Westinghouse submitted applicable 

AP1000 DCD markups and references 

that illustrate how: (1) The five issues 

have been corrected based on 

construction of the current AP1000 

reactors for Southern Nuclear Company 

Vogtle Electric Generating Plant, Units 3 

and 4, and (2) Westinghouse has marked 

up the referenced DCD in accordance 

with those changes. The NRC staff used 

these references to verify the 

Westinghouse submitted DCD markups 

are the same as the design changes the 

NRC has previously reviewed and 

approved to address the design issues. 

The NRC staff verified, as 

documented in the NRC staff’s 

Verification Evaluation Report, that the 

corrected information provided in the 

markups is the same as has been 

previously reviewed and approved by 

the NRC for various combined license 

and license amendment applications. In 

reviewing those applications, the NRC 

staff determined that the design changes 

resolved the identified design issues, 

met the applicable regulations, and that 

the design as modified met the 

applicable requirements of the AEA and 

the NRC’s regulations. Neither the 

applicable provisions of the AEA nor 

the NRC’s regulations have changed 

since those applications were approved. 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 52595 

Therefore, the NRC concludes that the 

relevant safety findings reached in the 

NRC staff reviews of those prior 

applications apply to the AP1000 design 

changes incorporated by this final rule 

and that the standard design, as 

modified by those changes, meets the 

applicable standards of the AEA and the 

NRC’s regulations. 

V. Section-by-Section Analysis 

The following paragraphs describe the 

specific changes in this direct final rule. 

Appendix D to Part 52—Design 

Certification Rule for the AP1000 

Design 

This direct final rule amends 

appendix D to 10 CFR part 52 to 

incorporate amendments to the AP1000 

generic design and to extend the 

duration of the design certification for 

the AP1000 standard plant design for 5 

years. 

II. Definitions 

This final rule revises paragraph A by 

making ‘‘document’’ and ‘‘is’’ plural. 

III. Scope and Contents 

This final rule revises paragraph A to 

include new documents. It also amends 

paragraph D by adding new paragraph 

D.3. to clarify which document controls 

if there is a conflict between the generic 

DCD and any of the safety evaluations 

listed in new paragraphs D.3.a. through 

D.3.f. 

V. Applicable Regulations 

This final rule adds a new paragraph 

A.3. to show the regulations that are 

applicable to the generic AP1000 design 

as amended. 

VI. Issue Resolution 

This final rule revises paragraphs B.1. 

to include the Verification Evaluation 

Report and note that the documents 

referenced in this paragraph have been 

amended by the supplemental 

information submitted by 

Westinghouse. It revises paragraph B.7 

to include the NRC’s final 

environmental assessment of the 

amendment and extension of the 

AP1000 DC. 

VII. Duration of This Appendix 

This final rule revises the period of 

reference for Appendix D from 15 years 

to 20 years. 

VI. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

(5 U.S.C. 605(b)), the NRC certifies that 

this direct final rule does not have a 

significant economic impact on a 

substantial number of small entities. 

This direct final rule affects only the 

licensing and operation of nuclear 

power plants. The companies that own 

these plants or would apply to own 

such a plant do not fall within the scope 

of the definition of ‘‘small entities’’ set 

forth in the Regulatory Flexibility Act or 

the size standards established by the 

NRC (§ 2.810). 

VII. Regulatory Analysis 

The NRC has not prepared a 

regulatory analysis for this direct final 

rule. The NRC prepares regulatory 

analyses for rulemakings that establish 

generic regulatory requirements 

applicable to all licensees. Design 

certifications are not generic 

rulemakings in the sense that design 

certifications do not establish standards 

or requirements with which all 

licensees must comply. Rather, design 

certifications are NRC approvals of 

specific nuclear power plant designs by 

rulemaking, which then may be 

voluntarily referenced by applicants for 

combined licenses or construction 

permits. For these reasons, the NRC 

concludes that preparation of a 

regulatory analysis is neither required 

nor appropriate. 

VIII. Backfitting and Issue Finality 

The NRC has determined that this 

direct final rule does not constitute 

backfitting as defined in the backfit rule 

(§ 50.109) and does not affect the issue 

finality of any approval issued under 10 

CFR part 52. 

This final rule extending the duration 

of the AP1000 design certification and 

adopting design changes does not 

constitute backfitting as defined in the 

backfit rule because the extension of the 

design certification does not affect any 

previously issued licenses. In addition, 

the design changes do not constitute 

backfitting because all existing licenses 

referencing the AP1000 standard design 

have previously been amended to adopt 

the same design changes incorporated 

by this rule, and the rule therefore does 

not result in modifications or additions 

to those facilities. 

This rule does not affect the issue 

finality of any approval issued under 10 

CFR part 52 because the AP1000 design 

certification is not currently in effect 

under §§ 52.55 or 52.61, and therefore 

issue finality under § 52.63(a) does not 

apply to the AP1000 design certification 

rule. 

IX. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner that also follows 

other best practices appropriate to the 

subject or field and the intended 

audience. The NRC has written this 

document to be consistent with the 

Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31885). 

X. Environmental Assessment and Final 

Finding of No Significant Impact 

The NRC has determined under the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

NRC’s regulations in subpart A, 

‘‘National Environmental Policy Act— 

Regulations Implementing Section 

102(2),’’ of 10 CFR part 51, 

‘‘Environmental Protection Regulations 

for Domestic Licensing and Related 

Regulatory Functions,’’ that this direct 

final rule, if confirmed, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment and, therefore, an 

environmental impact statement is not 

required. The NRC’s generic 

determination in this regard, reflected in 

§ 51.32(b)(1), is based upon the 

following considerations. A design 

certification rule does not authorize the 

siting, construction, or operation of a 

facility referencing any particular 

design, but only codifies a standard 

design certification in a rule (extending 

the AP1000 design certification and 

incorporating changes to the design in 

this case). The NRC will evaluate the 

environmental impacts and issue an 

environmental impact statement as 

appropriate under NEPA as part of the 

application for the construction and 

operation of a facility referencing any 

particular design certification rule. 

The determination of this 

environmental assessment is that there 

will be no significant environmental 

impact from this action. The 

environmental assessment is available 

as indicated in the Availability of 

Documents section. 

XI. Paperwork Reduction Act 

This direct final rule does not contain 

any new or amended collections of 

information subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Existing collections of 

information were approved by the 

Office of Management and Budget, 

control number 3150–0151. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

Office of Management and Budget 

control number. 

52596 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 

1The regulatory history of the NRC’s design 

certification reviews is a package of documents that 

is available in the NRC’s Public Document Room 

and NRC Library: Reactor Regulatory History on 

Design Certification Rules, April 26, 2000. This 

history spans the period during which the NRC 

simultaneously developed the regulatory standards 

for reviewing these designs and the form and 

content of the rules that certified the designs. This 

document predates this rulemaking and therefore 

does not contain a regulatory history for this 

rulemaking. 

XII. Congressional Review Act 

This direct final rule 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. 

XIII. Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement States Programs,’’ approved 

by the Commission on June 20, 1997, 

and published in the Federal Register 

(62 FR 46517; September 3, 1997), this 

rule is classified as compatibility 

‘‘NRC.’’ Compatibility is not required for 

Category ‘‘NRC’’ regulations. The NRC 

program elements in this category are 

those that relate directly to areas of 

regulation reserved to the NRC by the 

Atomic Energy Act or the provisions of 

10 CFR, and although an Agreement 

State may not adopt program elements 

reserved to the NRC, it may wish to 

inform its licensees of certain 

requirements by a mechanism that is 

consistent with a particular State’s 

administrative procedure laws, but does 

not confer regulatory authority on the 

State. 

XIV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. Design certifications are not 

generic rulemakings establishing a 

generally applicable standard with 

which all 10 CFR parts 50 and 52 

nuclear power plant licensees must 

comply. Design certifications are 

Commission approvals of specific 

nuclear power plant designs by 

rulemaking. Furthermore, design 

certifications are initiated by an 

applicant for rulemaking, rather than by 

the NRC. This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

XV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document 

ADAMS Accession No./ 

Federal Register 

citation 

Environmental Assessment by the U.S. Nuclear Regulatory Commission Relating to Extension of the AP1000 Standard Design Certification Docket No. 52–006, dated September 1, 2021.ML21181A109 

Reactor Regulatory History on Design Certification Rules, dated April 26, 2000 1 ............................................................ ML003761550 

SECY–20–0082, ‘‘Rulemaking Plan to Extend the Duration of the AP1000 Design Certification,’’ dated September 8, 

2020.

ML20252A153 

Staff Requirements Memorandum for SECY–20–0082, ‘‘Rulemaking Plan to Extend the Duration of the AP1000 Design Certification,’’ dated November 17, 2020.ML20322A047 

U.S. Nuclear Regulatory Commission Verification Evaluation Report, dated May 11, 2021 ............................................. ML21131A221 

Westinghouse AP1000 Design Control Document Revision 19, dated June 13, 2011 ..................................................... ML11171A500 

NRC Letter for the Staff Evaluation of the Westinghouse Request for Exemptions Related to the Duration of the 

AP1000 Design Certification, dated February 14, 2018.

ML17265A099 

Westinghouse Electric Company LLC—AP1000 Design Certification Extension Request, dated June 26, 2020 ............ ML20178A640 

Westinghouse Electric Company LLC, Supplemental Information to Support the AP1000 Design Certification Extension (Non-proprietary), DCP_NRC_003343, dated March 19, 2021.ML21081A023 

Safety Evaluation—Issuance of Amendment Nos. 72 and 71 for Southern Nuclear Company, Inc., Vogtle Units 3 and 

4, Respectively, License Amendment Request (LAR) 16–026, dated February 27, 2017.

ML17024A307 

Safety Evaluation—Amendment Nos. 123 and 122 for Southern Nuclear Company, Inc., Vogtle Electric Generating 

Plant Units 3 and 4, Respectively, LAR–17–023, dated April 20, 2018.

ML18085A628 

Safety Evaluation—Amendment Nos. 108 and 107 for Southern Nuclear Company, Inc., Vogtle Units 3 and 4, Respectively, LAR–17–001, dated February 1, 2018.ML18011A894 

Safety Evaluation—Amendment Nos. 84 and 83 for Southern Nuclear Company, Inc., Vogtle Units 3 and 4, Respectively, LAR–17–003, dated August 23, 2017.ML17213A224 

Safety Evaluation—Amendment Nos. 71 and 70 for Southern Nuclear Company, Inc., Vogtle Units 3 and 4, Respectively, LAR–16–006, dated February 24, 2017.ML16320A174 

Safety Evaluation—Florida Power and Light Company’s Turkey Point Nuclear Generating Units 6 and 7, FSER Chapter 16, ‘‘Technical Specifications,’’ dated November 10, 2016.ML16266A185 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at https://www.regulations.gov 

under Docket ID NRC–2020–0269. 

XVI. Procedures for Access to 

Proprietary and Security-Related 

Information for Preparation of 

Comments on the Direct Final Rule 

This section contains instructions 

regarding how the non-publicly 

available documents related to this rule, 

and specifically the information 

contained in Enclosure 2 and Enclosure 

4 of the March 19, 2021, letter from 

Westinghouse, ‘‘Information Submittal 

Related to the AP1000 Design 

Certification Extension,’’ may be 

accessed by interested persons who 

wish to comment on the design 

certification extension. These 

documents contain proprietary 

information and security-related 

information. 

Interested persons who desire access 

to proprietary information or securityrelated information on the AP1000 

design certification extension should 

first request access to that information 

from Westinghouse Electric Company 

LLC, the design certification applicant. 

A request for access should be 

submitted to the NRC if the applicant 

does not either grant or deny access by 

the 10-day deadline described in the 

following section. 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 52597 

Submitting a Request to the NRC for 

Access 

Within 10 days after publication of 

this direct final rule, any individual or 

entity who believes access to 

proprietary information or securityrelated information is necessary in order 

to submit comments on this rule may 

request access to such information. 

Requests for access to proprietary 

information or security-related 

information submitted more than 10 

days after publication of this document 

will not be considered absent a showing 

of good cause for the late filing 

explaining why the request could not 

have been filed earlier. 

The requestor shall submit a letter 

requesting permission to access 

proprietary information or securityrelated information to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Attention: Rulemakings 

and Adjudications Staff, Washington, 

DC 20555–0001. The email address for 

the Office of the Secretary is 

Rulemaking.Comments@nrc.gov. The 

requestor must send a copy of the 

request to the design certification 

applicant at the same time as the 

original transmission to the NRC using 

the same method of transmission. 

Requests to the applicant must be sent 

to Zachary S. Harper, Manager, 

Licensing Engineering, Westinghouse 

Electric Company LLC, 1000 

Westinghouse Drive, Cranberry 

Township, Pennsylvania 16066. 

The request must include the 

following information: 

(1) The name of this design 

certification, AP1000 Design 

Certification; the rulemaking 

identification number, RIN 3150–AK56; 

the rulemaking docket number, NRC– 

2020–0269; and the Federal Register 

citation for this rule. 

(2) The name, address, and email or 

fax number of the requestor. 

(3) The identity of the individual(s) to 

whom access is to be provided, 

including the identity of any expert, 

consultant, or assistant who will aid the 

requestor in evaluating the information. 

(4) The requestor’s need for the 

proprietary information or securityrelated information in order to prepare 

meaningful comments on the design 

certification extension must be 

demonstrated. Each of the following 

areas must be addressed with 

specificity: 

(a) The specific issue or subject matter 

on which the requestor wishes to 

comment. 

(b) An explanation why information 

which is publicly available is 

insufficient to provide the basis for 

developing meaningful comment on the 

AP1000 design certification extension 

rule with respect to the issue or subject 

matter described in paragraph 4.a. of 

this section. 

(c) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested 

information to provide the basis for 

meaningful comment. Technical 

competence may be shown by reliance 

on a qualified expert, consultant, or 

assistant who satisfies these criteria. 

(d) A chronology and discussion of 

the requestor’s attempts to obtain the 

information from the design 

certification applicant, and the final 

communication from the requestor to 

the applicant and the applicant’s 

response, if any was provided, with 

respect to the request for access to 

proprietary information or securityrelated information must be submitted. 

Based on an evaluation of the 

information submitted under paragraph 

(4) of this section, as applicable, the 

NRC will determine within 10 days of 

receipt of the request whether the 

requestor has established a legitimate 

need for access to proprietary 

information or security-related 

information. 

Determination of Legitimate Need for 

Access 

If the NRC determines that the 

requestor has established a legitimate 

need for access to proprietary 

information or security-related 

information, the NRC will notify the 

requestor in writing that access to 

proprietary information or securityrelated information has been granted. 

The written notification will contain 

instructions on how the requestor may 

obtain copies of the requested 

documents and any other conditions 

that may apply to access to those 

documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit by each individual who will 

be granted access. 

Filing of Comments on the AP1000 

Design Certification Extension Rule 

Based on Non-Public Information 

Any comments on this final rule that 

are based upon the disclosed 

proprietary information or securityrelated information must be filed by the 

requestor no later than 25 days after 

receipt of (or access to) that information, 

or the close of the public comment 

period, whichever is later. The 

commenter must comply with all NRC 

requirements regarding the submission 

of proprietary information and securityrelated information to the NRC when 

submitting comments to the NRC 

(including marking and transmission 

requirements). 

Review of Denials of Access 

If the request for access to proprietary 

information or security-related 

information is denied by the NRC after 

a determination on requisite need, the 

NRC staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

The requestor may challenge the NRC 

staff’s adverse determination by filing a 

challenge within 5 days of receipt of 

that determination with the NRC’s 

Executive Director for Operations under 

§ 9.29(d). 

XVII. Incorporation by Reference— 

Reasonable Availability to Interested 

Parties 

The NRC is incorporating by reference 

a document submitted by Westinghouse 

that updates the AP1000 DC, Revision 

19. As described in the Discussion 

section of this document, the 

information submitted by Westinghouse 

includes the applicable AP1000 DC 

markups and references that illustrate 

how the five known design issues have 

been corrected and how Westinghouse 

has marked up the referenced DCD in 

accordance with those changes. 

The NRC is required by law to obtain 

approval for incorporation by reference 

from the Office of the Federal Register. 

The Office of the Federal Register’s 

requirements for incorporation by 

reference are set forth in 1 CFR part 51. 

These regulations require an agency to 

include in a direct final rule a 

discussion of the ways that the materials 

the agency incorporates by reference are 

reasonably available to interested 

parties or how it worked to make those 

materials reasonably available to 

interested parties. The discussion in this 

section complies with the requirement 

for direct final rules as set forth in 1 CFR 

51.5(b)(2). 

The NRC considers ‘‘interested 

parties’’ to include all potential NRC 

stakeholders, not only the individuals 

and entities regulated or otherwise 

subject to the NRC’s regulatory 

oversight. These NRC stakeholders are 

not a homogeneous group but vary with 

respect to the considerations for 

determining reasonable availability. 

Therefore, the NRC distinguishes 

between different classes of interested 

parties for the purposes of determining 

whether the material is ‘‘reasonably 

available.’’ The NRC considers the 

following to be classes of interested 

parties in NRC rulemakings with regard 

52598 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 

2State-recognized Indian tribes are not within the 

scope of 10 CFR 2.315(c). However, for purposes of 

the NRC’s compliance with 1 CFR 51.5, ‘‘interested 

parties’’ includes a broad set of stakeholders, 

including State-recognized Indian tribes. 

to the material to be incorporated by 

reference: 

• Individuals and small entities 

regulated or otherwise subject to the 

NRC’s regulatory oversight (this class 

also includes applicants and potential 

applicants for licenses and other NRC 

regulatory approvals) and who are 

subject to the material to be 

incorporated by reference by 

rulemaking. In this context, ‘‘small 

entities’’ has the same meaning as a 

‘‘small entity’’ under § 2.810. 

• Large entities otherwise subject to 

the NRC’s regulatory oversight (this 

class also includes applicants and 

potential applicants for licenses and 

other NRC regulatory approvals) and 

who are subject to the material to be 

incorporated by reference by 

rulemaking. In this context, ‘‘large 

entities’’ are those that do not qualify as 

a ‘‘small entity’’ under § 2.810. 

• Non-governmental organizations 

with institutional interests in the 

matters regulated by the NRC. 

• Other Federal agencies, States, local 

governmental bodies (within the 

meaning of § 2.315(c)). 

• Federally-recognized and Staterecognized 2 Indian tribes. 

• Members of the general public (i.e., 

individual, unaffiliated members of the 

public who are not regulated or 

otherwise subject to the NRC’s 

regulatory oversight) who may wish to 

gain access to the materials which the 

NRC incorporates by reference by 

rulemaking in order to participate in the 

rulemaking process. 

The NRC makes the materials 

incorporated by reference available for 

inspection to all interested parties, by 

appointment, at the NRC Technical 

Library, which is located at Two White 

Flint North, 11545 Rockville Pike, 

Rockville, Maryland 20852; telephone: 

301–415–7000; email: 

Library.Resource@nrc.gov. In addition, 

as described in the Availability of 

Documents section, documents related 

to this direct final rule are available 

online in the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) Public Documents 

collection at https://www.nrc.gov/ 

reading-rm/adams.html. 

The NRC concludes that the materials 

the NRC is incorporating by reference in 

this final rule are reasonably available to 

all interested parties because the 

materials are available to all interested 

parties in multiple ways and in a 

manner consistent with their interest in 

the materials. 

List of Subjects in 10 CFR Part 52 

Administrative practice and 

procedure, Antitrust, Combined license, 

Early site permit, Emergency planning, 

Fees, Incorporation by reference, 

Inspection, Issue finality, Limited work 

authorization, Nuclear power plants and 

reactors, Probabilistic risk assessment, 

Prototype, Reactor siting criteria, 

Redress of site, Penalties, Reporting and 

recordkeeping requirements, Standard 

design, Standard design certification. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended, 

the Energy Reorganization Act of 1974, 

as amended, and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR part 52: 

PART 52—LICENSES, 

CERTIFICATIONS, AND APPROVALS 

FOR NUCLEAR POWER PLANTS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 103, 104, 147, 149, 161, 181, 182, 183, 

185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 

2167, 2169, 2201, 2231, 2232, 2233, 2235, 

2236, 2239, 2273, 2282); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

44 U.S.C. 3504 note. 

■ 2. In appendix D to part 52: 

■ a. Revise sections II.A, III.A, VI.B.1, 

VI.B.7, and VII; and 

■ b. Add sections III.D.3 and V.A.3. 

The revisions and additions read as 

follows: 

Appendix D to Part 52—Design 

Certification Rule for the AP1000 

Design 

* * * * * 

II. Definitions 

A. Generic design control document 

(generic DCD) means the documents 

containing the Tier 1 and Tier 2 information 

and generic technical specifications that are 

incorporated by reference into this appendix. 

* * * * * 

III. Scope and Contents 

A. Tier 1, Tier 2 (including the investment 

protection short-term availability controls in 

Section 16.3), and the generic TSs in the 

AP1000 Design Control Document, Revision 

19, (Public Version) (AP1000 DCD), APP– 

GW–GL–702, dated June 13, 2011, and the 

amendments thereto in DCP_NRC_003343, 

Supplemental Information to Support the 

AP1000 Design Certification Extension (Nonproprietary), APP–GW–GL–705 Rev. 0, 

copyright 2021 (Supplemental Information), 

are approved for incorporation by reference 

by the Director of the Office of the Federal 

Register under 5 U.S.C. 552(a) and 1 CFR part 

51. Copies of the generic DCD and 

Supplemental Information may be obtained 

from Zachary S. Harper, Manager, Licensing 

Engineering, Westinghouse Electric 

Company, 1000 Westinghouse Drive, 

Cranberry Township, Pennsylvania 16066, 

telephone (412) 374–5093. Copies of the 

generic DCD and Supplemental Information 

are also available for examination and 

copying at the NRC’s PDR, Room O–1F21, 

One White Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852. Copies are 

available, by appointment, for examination at 

the NRC Library, Two White Flint North, 

11545 Rockville Pike, Rockville, Maryland 

20852, telephone (301) 415–5610, email 

Library.Resource@nrc.gov. The generic DCD 

and Supplemental Information can also be 

viewed online in the NRC Library at https:// 

www.nrc.gov/reading-rm/adams.html by 

searching under ADAMS Accession Nos. 

ML11171A500 and ML21081A023. If you do 

not have access to ADAMS or if you have 

problems accessing documents located in 

ADAMS, contact the NRC’s PDR reference 

staff at 1–800–397–4209, at 301–415–3747, or 

by email at PDR.Resource@nrc.gov. Copies of 

the AP1000 materials are available in the 

ADAMS Public Documents Collection. All 

approved material is available for inspection 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email at fr.inspection@nara.gov or go to 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

* * * * * 

D. * * * 

■ 3. The generic DCD controls if there is 

a conflict between the generic DCD and 

any of the following Safety Evaluations 

(SEs) for the matters discussed in the 

‘‘Verification Evaluation Report,’’ May 

11, 2021 (ADAMS Accession No. 

ML21131A221): 

a. SE for Southern Nuclear Company’s 

(SNC) Vogtle Units 3 and 4, 

respectively, license amendment request 

(LAR) 16–026, February 27, 2017 

(ADAMS Accession No. ML17024A307); 

b. SE for SNC Vogtle Units 3 and 4, 

respectively, LAR–17–023, April 20, 

2018 (ADAMS Accession No. 

ML18085A628); 

c. SE for SNC Vogtle Units 3 and 4, 

respectively, LAR 17–001, February 1, 

2018 (ADAMS Accession No. 

ML18011A894); 

d. SE for SNC Vogtle Units 3 and 4, 

respectively, LAR–17–003, August 23, 

2017 (ADAMS Accession No. 

ML17213A224); 

e. SE for SNC Vogtle Units 3 and 4, 

respectively, LAR–16–006, February 24, 

2017 (ADAMS Accession No. 

ML16320A174); 

f. SE for Florida Power and Light 

Company’s Turkey Point Nuclear 

Generating Units 6 and 7, respectively, 

Chapter 16, ‘‘Technical Specifications,’’ 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 52599 

November 10, 2016 (ADAMS Accession 

No. ML16266A185). 

* * * * * 

V. Applicable Regulations 

A. * * * The regulations that apply to 

those portions of the AP1000 design as 

amended by Supplemental Information are in 

10 CFR parts 20, 50, 52, 73, and 100, codified 

as of December 6, 2021, that are applicable 

and technically relevant, as described in the 

SEs listed in paragraphs III.D.3.a through 

III.D.3.f of this appendix. 

* * * * * 

VI. Issue Resolution 

* * * * * 

B. * * * All nuclear safety issues, except 

for the generic TS and other operational 

requirements, associated with the 

information in the FSER, Supplement Nos. 1 

and 2, and the Verification Evaluation Report 

(ADAMS Accession No. ML21131A221); Tier 

1 and Tier 2 (including referenced 

information, which the context indicates is 

intended as requirements, and the 

investment protection short-term availability 

controls in Section 16.3 of the DCD) as 

amended by Supplemental Information; and 

the rulemaking records for initial 

certification, Amendment 1, and the duration 

extension of the AP1000 design; 

* * * * * 

7. All environmental issues concerning 

severe accident mitigation design alternatives 

associated with the information in the NRC’s 

EA for the AP1000 design, Appendix 1B of 

Revision 15 of the generic DCD, the NRC’s 

final EA for Amendment 1 to the AP1000 

design, Appendix 1B of Revision 19 of the 

generic DCD, and the NRC’s final EA relating 

to the extension of the AP1000 standard 

design certification, for plants referencing 

this appendix whose site parameters are 

within those specified in the severe accident 

mitigation design alternatives evaluation. 

* * * * * 

VII. Duration of This Appendix 

This appendix may be referenced for a 

period of 20 years from February 27, 2006, 

except as provided for in 10 CFR 52.55(b) 

and 52.57(b). This appendix remains valid 

for an applicant or licensee who references 

this appendix until the application is 

withdrawn or the license expires, including 

any period of extended operation under a 

renewed license. 

* * * * * 

Dated September 1, 2021. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2021–20226 Filed 9–21–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0459; Project 

Identifier MCAI–2021–00129–T; Amendment 

39–21697; AD 2021–17–14] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP Airplanes; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that was 

published in the Federal Register. That 

AD applies to certain Gulfstream 

Aerospace LP Model Gulfstream G280 

airplanes. As published, the document 

number of the Civil Aviation Authority 

of Israel (CAAI) AD specified in the 

preamble and regulatory text is 

incorrect. This document corrects that 

error. In all other respects, the original 

document remains the same. 

DATES: This correction is effective 

October 14, 2021. The effective date of 

AD 2021–17–14 remains October 14, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 14, 2021 (86 FR 50451, 

September 9, 2021). 

ADDRESSES: For service information 

identified in this final rule, contact the 

CAAI, P.O. Box 1101, Golan Street, 

Airport City, 70100, Israel; telephone 

972–3–9774665; fax 972–3–9774592; 

email aip@mot.gov.il. You may find this 

IBR material on the CAAI website at 

https://www.caa.gov.il. You may view 

this referenced service information at 

the FAA, Airworthiness Products 

Section, Operational Safety Branch, 

2200 South 216th St., Des Moines, WA. 

For information on the availability of 

this material at the FAA, call 206–231– 

3195. It is also available on the internet 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0459. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0459; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this final rule, 

any comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3226; email 

Tom.Rodriguez@faa.gov. 

SUPPLEMENTARY INFORMATION: AD 2021– 

17–14, Amendment 39–21697 (86 FR 

50451, September 9, 2021) (AD 2021– 

17–14), requires non-destructive testing 

on the forward (front) spar vertical 

stiffener and rib 0 for any cracking, 

installation of a doubler to the forward 

(front) spar and rib 0 attachment, and 

repair if necessary. That AD applies to 

certain Gulfstream Aerospace LP Model 

Gulfstream G280 airplanes. 

Need for the Correction 

As published, the document number 

of the CAAI AD specified in the 

preamble and regulatory text of AD 

2021–17–14 is incorrect. The document 

number of the CAAI AD is incorrectly 

cited as ‘‘CAAI AD I–57–2020–06–01.’’ 

The correct document number should 

read as, ‘‘CAAI AD ISR–I–57–2020–06– 

01.’’ 

Related Service Information Under 1 

CFR Part 51 

CAAI AD ISR–I–57–2020–06–01, 

dated January 27, 2021, specifies 

procedures for non-destructive testing 

(high frequency, mid frequency, and 

bolt hole eddy current inspections; and 

a liquid (dye) penetrant inspection) for 

cracking on the forward (front) spar 

vertical stiffener and rib 0, installation 

of a doubler to the forward (front) spar 

and rib 0 attachment, and repair if 

necessary. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Correction of Publication 

This document corrects an error and 

correctly adds the AD as an amendment 

to 14 CFR 39.13. Although no other part 

of the preamble or regulatory 

information has been corrected, the 

FAA is publishing the entire rule in the 

Federal Register. 

The effective date of this AD remains 

October 14, 2021. 

Since this action only corrects the 

document number of the CAAI AD, it 

has no adverse economic impact and 

imposes no additional burden on any 

person. Therefore, the FAA has