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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations 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 205550001. 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 3150AK56;
the rulemaking docket number, NRC
20200269; 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 individuals 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 requestors 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
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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 requestors attempts to obtain the information from the design certification applicant, and the final communication from the requestor to the applicant and the applicants 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 security-

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related 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
staffs adverse determination by filing a challenge within 5 days of receipt of that determination with the NRCs Executive Director for Operations under 9.29d.
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 Registers 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
51.5b2.
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 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
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