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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules and System 80+ that have already expired.
4. Should the NRC remove expired DC
rules from the appendices to 10 CFR
part 52 in the proposed rule?
Relationship to Advanced Reactors The current regulations in 10 CFR
parts 50 and 52 were largely written during a period when the NRC was licensing light-water-reactors. Today, significant stakeholder interest exists in licensing new advanced non-light-water reactor designs. As such, in the proposed rule and in subsequent rulemakings addressing new licensing regulations for advanced reactors, the NRC wants to ensure that it considers stakeholder feedback on how regulatory changes would impact potential nonlight-water reactor applicants.
For example, the NRC recommends revising 50.34f so that the TMI
requirements in 50.34f apply to new power reactor applications submitted under 10 CFR part 50, with the same exceptions given for 10 CFR part 52
applicants. Section 50.34f requires 10
CFR part 52 applicants to provide information necessary to demonstrate compliance with any technically relevant positions of the requirements in 50.34f1 through 3 with the exception of 50.34f1xii, f2ix, and f3v. The NRC is still considering whether and how these regulations would apply to non-light water reactors.
5. Please provide feedback on impacts of the TMI requirements on non-LWR
applicants the NRC should consider in the scope of the proposed rule. Please provide the basis for your answer.

IV. Cumulative Effects of Regulation The cumulative effects of regulation CER describes the challenges that licensees or other impacted entities such as State agency partners may face while implementing new regulatory positions, programs, and requirements e.g., rules, generic letters, backfits, inspections. The CER is an organizational effectiveness challenge that results from a licensee or impacted entity implementing a number of complex positions, programs, or requirements within a limited implementation period and with available resources which may include limited available expertise to address a specific issue. The NRC has implemented CER enhancements to the rulemaking process to facilitate public involvement throughout the rulemaking process. Therefore, the NRC is specifically requesting comment on the cumulative effects that may result from this proposed rulemaking. In developing comments on the regulatory basis, consider the following questions:
1. In light of any current or projected CER challenges, what should be a reasonable effective date, compliance date, or submittal dates from the time the final rule is published to the actual implementation of any new proposed requirements, including changes to programs, procedures, or the facility?
2. If CER challenges currently exist or are expected, what should be done to address them? For example, if more time is required for implementation of the new requirements, what period of time is sufficient?

3. Do other regulatory actions e.g., orders, generic communications, license amendment requests, and inspection findings of a generic nature by the NRC
or other agencies influence the implementation of the potential proposed requirements?
4. Are there unintended consequences? Does the potential proposed action create conditions that would be contrary to the potential proposed actions purpose and objectives? If so, what are the consequences and how should they be addressed?
5. Please comment on NRCs costs and benefits estimate of the potential proposed action. This information will be used to support additional regulatory analysis by the NRC.
V. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, well-organized manner. 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 in the Federal Register on June 10, 1998 63 FR 31883. The NRC
requests comment on this document with respect to the clarity and effectiveness of the language used.
VI. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the methods, as indicated.
ADAMS accession number/
web link/Federal Register citation
khammond on DSKJM1Z7X2PROD with PROPOSALS

Document Regulatory Basis for Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing.
SECY150002, Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications, January 8, 2015.
SRMSECY150002, Staff RequirementsSECY150002Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications, September 22, 2015.
Public Meeting Summary, Summary of January 15, 2019, Public Meeting to Discuss the Proposed Rulemaking to Align the Regulations in Parts 50 and 52 to Address Updates to the Licensing Processes and Lessons Learned for Future New Reactor Applications, January 30, 2019.
SECY190084, Status of Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing RIN 3150AI66, August 27, 2019.
Transcript of the Advisory Committee on Reactor Safeguards Regulatory Policies & PracticesPart 50 52
MeetingSeptember 20, 2019.
Summary of November 21, 2019, Category 3 Public Meeting RE: Regulatory Basis: Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing NRC20090196.
Summary of April 29, 2020, Public Meeting to Discuss the Status of Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing NRC20090196; RIN 3150AI66.
SECY190034, Improving Design Certification Content, April 24, 2019
NUREG0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants:
LWR Edition, with updates through 2007.
Regulatory Guide 4.7, Revision 3, General Site Suitability Criteria for Nuclear Power Stations

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