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###### Nuclear Regulatory Commission

          - [NRC-2016-0201]

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

Regulatory guide, issuance.

# SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 3 of Regulatory Guide (RG) 1.12, “Nuclear Power Plant Instrumentation for Earthquakes.” This revision to the guide addresses new reactor plant configurations and the state of practice of seismic instrumentation since Revision 2 of RG 1.12 in 1997. The revision describes the seismic instrumentation criteria, including instrumentation type, locations, characteristics, and maintenance, that the NRC staff considers acceptable for nuclear power plants.

# DATES:

Revision 3 to RG 1.12 is available on November 8, 2017.

# ADDRESSES:

Please refer to Docket ID NRC-2016-0201 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
      -  Federal Rulemaking Web site:                          Go to                          http://www.regulations.gov                          and search for Docket ID NRC-2016-0201. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email:                          Carol.Gallagher@nrc.gov.                          For technical questions, contact the individuals listed in the                          FOR FURTHER INFORMATION CONTACT                          section of this document.                    
      -  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 “                         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 (if it is available in ADAMS) is provided the first time that it is mentioned. The RG 1.12 is available in ADAMS under Accession No. ML17094A831.                    
      -  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.                    

Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them.

# FOR FURTHER INFORMATION CONTACT:

                        Sarah Tabatabai, Office of Nuclear Regulatory Research, telephone: 301-415-2982, email:                         *Sarah.Tabatabai@nrc.gov;*                         Vladimir Graizer, Office of New Reactors, telephone 301-415-0675, email:                         *Vladimir.Graizer@nrc.gov,*                         and Edward O'Donnell, Office of Nuclear Regulatory Research, telephone: 301-415-3317, email:                         *Edward.ODonnell@nrc.gov.*                         All are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.                    

# SUPPLEMENTARY INFORMATION:

## I. Discussion

The NRC is issuing a revision to an existing guide in the NRC's “Regulatory Guide” series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the NRC staff uses in evaluating specific issues or postulated events, and data that the NRC staff needs in its review of applications for permits and licenses.

Revision 3 of RG 1.12 was issued with a temporary identification of draft Regulatory Guide, DG-1332. The NRC revised the guide to incorporate advances in seismic instrumentation and operating experience since the issuance of Revision 2 of RG 1.12 in 1997. The revision describes the seismic instrumentation criteria, including instrumentation type, locations, characteristics, and maintenance, that the NRC staff considers acceptable for nuclear power plants.

## II. Additional Information

                    The NRC published a notice of the availability of DG-1332 in the                     **Federal Register**                     on September 21, 2016 (81 FR 64954), for a 60-day public comment period. The public comment period closed on November 21, 2016. Public comments on DG-1332 and the staff responses to the public comments are available under ADAMS under Accession No. ML17095A314.                          ( print page 51880)    

## III. Congressional Review Act

This RG 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.

## IV. Backfitting and Issue Finality

                    This RG describes the seismic instrumentation criteria, including instrumentation type, locations, characteristics, and maintenance, that the staff of the NRC considers acceptable for nuclear power plants. Issuance of this RG does not constitute backfitting as defined in § 50.109 of title 10 of the Code of the                     *Federal Regulations*                     (10 CFR), (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. As discussed in the “Implementation” section of this RG, the NRC has no current intention to impose this guide on holders of current operating licenses or combined licenses.                

This RG may be applied to applications for operating licenses, combined licenses, early site permits, and certified design rules docketed by the NRC as of the date of issuance of the final regulatory guide, as well as future applications submitted after the issuance of the regulatory guide. Such action would not constitute backfitting as defined in the Backfit Rule or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52, inasmuch as such applicants or potential applicants are not within the scope of entities protected by the Backfit Rule or the relevant issue finality provisions in part 52.

Dated at Rockville, Maryland, this 31th day of October, 2017.

For the Nuclear Regulatory Commission.

Thomas H. Boyce,

Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research.

[FR Doc. 2017-24333 Filed 11-7-17; 8:45 am]

 BILLING CODE 7590-01-P