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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
necessary an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 73.22. Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements.
Filing of Comments on the U.S. ABWR
Design Certification Renewal Rule Based on Non-Public Information Any comments on this final rule that are based upon the disclosed proprietary information or SGI must be filed by the requester 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 SGI to the NRC when submitting comments to the NRC including marking and transmission requirements.

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Review of Denials of Access If the request for access to proprietary information or SGI is denied by the NRC, the NRC shall promptly notify the requester in writing, briefly stating the reason or reasons for the denial.
Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipients for access to SGI, the Office of Administration, in accordance with 2.336f1iii, must provide the proposed recipients any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 73.57e1, so that the proposed recipients have an opportunity to correct or explain the record.
Appeals from a denial of access must be made to the NRCs Executive Director for Operations EDO under 9.29. The decision of the EDO constitutes final agency action under 9.29d.
Predisclosure Procedures for Proprietary Information Constituting Trade Secrets or Confidential Commercial or Financial Information The NRC will follow the procedures in 9.28 if the NRC determines, under the Determination of Legitimate Need for Access of this section, that access to proprietary information constituting trade secrets or confidential commercial or financial information will be provided to the requester. However, any objection filed by the applicant under 9.28b must be filed within 15 days of the NRC notice in the Determination of Legitimate Need for Access of this
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section rather than the 30-day period provided for under 9.28b. In applying the provisions of 9.28, the applicant for the DC rule will be treated as the submitter.
XVIII. Incorporation by Reference Reasonable Availability to Interested Parties The NRC is incorporating by reference the U.S. ABWR DCD, Revision 7. As described in the Discussion section of this document, the generic DCD
combined into a single document Tier 1
and Tier 2 information and generic technical specifications in order to effectively control this information and facilitate its incorporation by reference into the rule. The NRC also is incorporating by reference two GEH
technical reports NEDO33875 and NEDO33878.
The NRC is required by law to obtain approval for incorporation by reference from the Office of the Federal Register OFR. The OFRs requirements for incorporation by reference are set forth in 1 CFR part 51. The OFRs 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 51.5b2.
The NRC considers interested parties to include all potential NRC
stakeholders, not only the individuals and entities regulated or otherwise subject to the NRCs regulatory oversight. These NRC stakeholders are not a homogenous 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 to the material to be incorporated by reference:
Individuals and small entities regulated or otherwise subject to the NRCs 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 NRCs regulatory oversight this
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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 2.315c.
Federally-recognized and Staterecognized 9 Indian tribes.
Members of the general public i.e., individual, unaffiliated members of the public who are not regulated or otherwise subject to the NRCs 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:
3014157000; email:
Library.Resource@nrc.gov. In addition, as described in Section XVI of this document, documents related to this direct final rule are available online in the NRCs 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.
9 State-recognized Indian tribes are not within the scope of 10 CFR 2.315c. However, for purposes of the NRCs compliance with 1 CFR 51.5, interested parties includes a broad set of stakeholders, including State-recognized Indian tribes.

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