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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Notices www.nsf.gov/nsb for general information.
Chris Blair, Executive Assistant to the National Science Board Office.
FR Doc. 202102084 Filed 12721; 4:15 pm BILLING CODE 755501P

NUCLEAR REGULATORY
COMMISSION
NRC20190253

Final Revision to Branch Technical Position 719 Guidance for Evaluation of Defense in Depth and Diversity To Address Common-Cause Failure Due to Latent Design Defects in Digital Safety Systems Nuclear Regulatory Commission.
ACTION: Standard review plan-final section revision; issuance.
AGENCY:

The U.S. Nuclear Regulatory Commission NRC is issuing a final revision to Branch Technical Position BTP 719, Guidance for Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure due to Latent Design Defects in Digital Safety Systems of NUREG0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.
DATES: The update to this BTP takes effect on January 29, 2021.
ADDRESSES: Please refer to Docket ID
NRC20190253 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 Website: Go to https www.regulations.gov/ and search for Docket ID NRC20190253. Address questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 3012879127; email:
Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publicly available documents online in the ADAMS Public Document collection at https www.nrc.gov/reading-rm/
adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, contact the NRCs Public Document Room PDR
reference staff at 18003974209, 301

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4154737, 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 in this document.
Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1
8003974209 or 3014154737, between 8:00 a.m. and 4:00 p.m. EST, Monday through Friday, except Federal holidays.
The NRC posts its issued staff guidance on the NRCs public website at https www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr0800/.
FOR FURTHER INFORMATION CONTACT:
Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 205550001; telephone:
3014153053, email: Mark.Notich@
nrc.gov.
SUPPLEMENTARY INFORMATION:

I. Background On January 14, 2020 85 FR 2152, the NRC published for public comment a proposed revision of BTP 719, Guidance for Evaluation of Potential Common Cause Failure Due to Latent Software Defects in Digital Instrumentation and Control Systems of NUREG0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition. The public comment period closed on March 16, 2020. Eight public comments were received regarding draft Revision 8 of BTP 719. The final Revision 8 to NUREG0800, BTP 719, Guidance for Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure due to Latent Design Defects in Digital Safety Systems is available in ADAMS under Accession No. ML20339A647. A
summary of the public comments and the NRC staffs disposition of the comments are available in ADAMS
Accession No. ML20126G430. The redline/strikeout comparison between the draft version of BTP 719 and this final version, including revisions made in response to public comments and to improve organization, is shown in ML20364A212.
II. Backfitting, Forward Fitting, and Issue Finality Chapter 7 of the SRP provides guidance to the staff for reviewing instrumentation and controls information provided in applications for licensing actions. Part of Chapter 7, BTP

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719 provides guidance for the evaluation of diversity and defense-indepth in digital computer-based instrumentation and control systems.
Issuance of this BTP revision does not constitute backfitting as defined in section 50.109 of title 10 of the Code of Federal Regulations 10 CFR, the backfit rule, and as described in Management Directive MD 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests; constitute forward fitting as that term is defined and described in MD 8.4; or affect issue finality of any approval issued under 10 CFR part 52, Licenses, Certificates, and Approvals for Nuclear Power Plants. The NRCs position is based upon the following considerations.
First, the SRP provides 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 50.109a1; constitute forward fitting as that term is defined and described in MD 8.4; or affect issue finality of any approval issued under 10
CFR part 52, Licenses, Certificates, and Approvals for Nuclear Power Plants.
Second, the NRC staff does not intend to use the guidance in this BTP SRP
section to support NRC staff actions in a manner that would constitute backfitting or forward fitting. If, in the future, the NRC seeks to impose a position in this SRP section in a manner that constitutes backfitting or forward fitting or affects the issue finality for a 10 CFR part 52 approval, then the NRC
will address the backfitting provision in 10 CFR 50.109, the forward fitting provision of MD 8.4, or the applicable issue finality provision in 10 CFR part 52, respectively.
III. Congressional Review Act This action is not a rule as defined in the Congressional Review Act 5 U.S.C.
801808. OMBs clearance of BTP 719
as a non-major rule is shown in ADAMS
Accession No. ML21025A022.
Dated: January 26, 2021.
For the Nuclear Regulatory Commission.
Dennis C. Morey, Chief, Licensing Project Branch, Division of Operating Reactors, Office of Nuclear Reactor Regulation.
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