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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules recipients have an opportunity to correct or explain the record.
The requestor may challenge the NRCs adverse determination with respect to access to proprietary information or with respect to need to know for SGI by filing a challenge within 5 days of receipt of that determination with the NRCs Executive Director for Operations under 9.29d.
The requestor may challenge the Office of Administrations final adverse determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 2.336f1iv.

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XVII. Incorporation by Reference Reasonable Availability to Interested Parties The NRC proposes to incorporate by reference the NuScale DCA, Revision 5.
As described in the Discussion sections of this document, the generic DCD includes Tier 1 and Tier 2
information including the technical and topical reports referenced in Chapter 1 and generic technical specifications in order to effectively control this information and facilitate its incorporation by reference into the rule.
NuScale Power submitted Revision 5 of the DCA to the NRC in July 2020.
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 OFR regulations require an agency to include in a proposed 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 a proposed rule as set forth in 1 CFR
51.5a1.
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:

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Individuals and small entities regulated or otherwise subject to the NRCs regulatory oversight this class also includes applicants and potential applicants or 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 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 which 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, and local governmental bodies within the meaning of 2.315c.
Federally-recognized and Staterecognized 6 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 XV of this proposed rule, documents related to this proposed rule are available online in the NRCs 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 proposed rule are reasonably available to all interested parties because the materials are available in multiple ways and in a manner consistent with their interest in the materials.
6 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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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.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C.
552 and 553, the NRC proposes the following amendments to 10 CFR part 52:
PART 52LICENSES, CERTIFICATIONS, AND APPROVALS
FOR NUCLEAR POWER PLANTS
1. The authority citation for part 52
continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 161, 181, 182, 183, 185, 186, 189, 223, 234 42 U.S.C. 2133, 2134, 2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282; Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 42 U.S.C. 5841, 5842, 5846, 5851;
44 U.S.C. 3504 note.
52.11

Amended
2. In 52.11b, add G, in alphabetical order to the list of appendices.
3. Add Appendix G to part 52 to read as follows:

Appendix G to Part 52Design Certification Rule for NuScale I. Introduction Appendix G constitutes the standard design certification for NuScale, in accordance with 10 CFR part 52, subpart B.
The applicant for the standard design certification of NuScale is NuScale Power, LLC.
II. Definitions A. Generic design control document generic DCD means the document containing the Tier 1 and Tier 2 information including the technical and topical reports referenced in Chapter 1 and generic technical specifications that is incorporated by reference into this appendix.
B. Generic technical specifications generic TS means the information required by 10
CFR 50.36 and 50.36a for the portion of the plant that is within the scope of this appendix.
C. Plant-specific DCD means that portion of the combined license COL final safety analysis report FSAR that sets forth both the generic DCD information and any plantspecific changes to generic DCD information.

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