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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 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 is amending 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.

2. Revise appendix A to 10 CFR part 52 to read as follows:

Appendix A to Part 52Design Certification Rule for the U.S.
Advanced Boiling Water Reactor
khammond on DSKJM1Z7X2PROD with RULES

I. Introduction Appendix A constitutes the renewed standard design certification for the U.S.
Advanced Boiling Water Reactor U.S.
ABWR design, in accordance with 10 CFR
part 52, subpart B. The applicant for certification of the U.S. ABWR design is General Electric-Hitachi Nuclear Energy Americas, LLC GEH.
II. Definitions A. Generic design control document generic DCD means the document containing the Tier 1 and Tier 2 information and generic technical specifications that is incorporated by reference into this appendix.
B. Generic technical specifications generic TS means the information required by 50.36 and 50.36a of this chapter 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.
D. Tier 1 means the portion of the designrelated information contained in the generic DCD that is approved and certified by this appendix Tier 1 information. The design descriptions, interface requirements, and site parameters are derived from Tier 2
information. Tier 1 information includes:
1. Definitions and general provisions;
2. Design descriptions;
3. Inspections, tests, analyses, and acceptance criteria ITAAC;
4. Significant site parameters; and 5. Significant interface requirements.
E. Tier 2 means the portion of the designrelated information contained in the generic DCD that is approved but not certified by this appendix Tier 2 information. Compliance with Tier 2 is required, but generic changes
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to and plant-specific departures from Tier 2
are governed by Section VIII of this appendix. Compliance with Tier 2 provides a sufficient, but not the only acceptable, method for complying with Tier 1.
Compliance methods differing from Tier 2
must satisfy the change process in Section VIII of this appendix. Regardless of these differences, an applicant or licensee must meet the requirement in paragraph III.B of this appendix to reference Tier 2 when referencing Tier 1. Tier 2 information includes:
1. Information required by 52.47a and c, with the exception of generic TS and conceptual design information;
2. Supporting information on the inspections, tests, and analyses that will be performed to demonstrate that the acceptance criteria in the ITAAC have been met; and 3. COL action items COL license information, which identify certain matters that must be addressed in the site-specific portion of the FSAR by an applicant who references this appendix. These items constitute information requirements but are not the only acceptable set of information in the FSAR. An applicant may depart from or omit these items, provided that the departure or omission is identified and justified in the FSAR. After issuance of a COL, these items are not requirements for the licensee unless such items are restated in the FSAR.
F. Tier 2 means the portion of the Tier 2
information, designated as such in the generic DCD, which is subject to the change process in paragraph VIII.B.6 of this appendix. This designation expires for some Tier 2 information under paragraph VIII.B.6
of this appendix.
G. Departure from a method of evaluation described in the plant-specific DCD used in establishing the design bases or in the safety analyses means:
1. Changing any of the elements of the method described in the plant-specific DCD
unless the results of the analysis are conservative or essentially the same; or 2. Changing from a method described in the plant-specific DCD to another method unless that method has been approved by the NRC for the intended application.
H. All other terms in this appendix have the meaning set out in 50.2 of this chapter, 52.1, or Section 11 of the Atomic Energy Act of 1954, as amended, as applicable.
III. Scope and Contents A. Incorporation by reference approval.
The ABWR material identified in paragraph III.A.1 of this section is approved for incorporation by reference by the Director of the Office of the Federal Register under 5
U.S.C. 552a and 1 CFR part 51. You may obtain copies of the generic DCD, including the generic technical specifications, and the two GEH technical reports NEDO33875 and NEDO33878 from Michelle Catts, Senior Vice President, Regulatory Affairs, General Electric-Hitachi Nuclear Energy Americas, LLC, 3901 Castle Hayne Road, P.O. Box 780, M/C A10, Wilmington, NC 28402. You can view the generic DCD, including the generic technical specifications, and the two GEH
technical reports NEDO33875 and NEDO
33878 online in the NRC Library at https

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www.nrc.gov/reading-rm/adams.html. In ADAMS, search under ADAMS Accession No. ML20093K254 to obtain the generic DCD, ADAMS Accession No. ML17059C523 to obtain GEH technical report NEDO33875, and ADAMS Accession No. ML18092A306 to obtain GEH technical report NEDO33878. If you do not have access to ADAMS or if you have problems accessing documents located in ADAMS, contact the NRCs Public Document Room PDR reference staff at 1
8003974209, at 3014153747, or by email at PDR.Resource@nrc.gov. Copies of the ABWR materials are available in the ADAMS
Public Documents Collection. All approved material is available for inspection at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibrlocations.html.
1. General Electric-Hitachi Nuclear Energy Americas, LLC
a. ABWR Design Control Document Tier 1
25A5675AA, Revision 7 October 2019.
b. ABWR Design Control Document Tier 2
25A5675AB, Revision 7 October 2019.
c. Technical Report NEDO33875, ABWR
US Certified DesignAircraft Impact Assessment, Licensing Basis Information and Design Details for Key Design Features, Rev.
3 M170049 February 2017.
d. Licensing Technical Report NEDO
33878, ABWR ECCS Suction Strainer Evaluation of Long-Term Recirculation Capability, Rev. 3 M180068 March 2018.
B. An applicant or licensee referencing this appendix, in accordance with Section IV of this appendix, shall incorporate by reference and comply with the requirements of this appendix except as otherwise provided in this appendix. Conceptual design information, as set forth in the generic DCD, the Technical Support Document for the ABWR, and the Amendment to Technical Support Document for the ABWR, are not part of this appendix. Tier 2 references to the probabilistic risk assessment PRA in the U.S. ABWR DCD Tier 2 Chapter 19 do not incorporate the PRA into Tier 2.
C. If there is a conflict between Tier 1 and Tier 2 of the DCD, then Tier 1 controls.
D. If there is a conflict between the generic DCD and either the application for the design certification renewal of the U.S. ABWR
design or the NUREG1503, Final Safety Evaluation Report Related to Certification of the ABWR Standard Design; NUREG1503, Supplement 1; and NUREG1503, Supplement 2, then the generic DCD
controls.
E. Design activities for structures, systems, and components that are wholly outside the scope of this appendix may be performed using site characteristics, provided the design activities do not affect the DCD or conflict with the interface requirements.
IV. Additional Requirements and Restrictions A. An applicant for a COL that wishes to reference this appendix shall, in addition to complying with the requirements of 52.77, 52.79, and 52.80, comply with the following requirements:

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