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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations Therefore, the NRC concludes that the relevant safety findings reached in the NRC staff reviews of those prior applications apply to the AP1000 design changes incorporated by this final rule and that the standard design, as modified by those changes, meets the applicable standards of the AEA and the NRCs regulations.

This direct final rule affects only the licensing and operation of nuclear power plants. The companies that own these plants or would apply to own such a plant do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC 2.810.

V. Section-by-Section Analysis
VII. Regulatory Analysis The NRC has not prepared a regulatory analysis for this direct final rule. The NRC prepares regulatory analyses for rulemakings that establish generic regulatory requirements applicable to all licensees. Design certifications are not generic rulemakings in the sense that design certifications do not establish standards or requirements with which all licensees must comply. Rather, design certifications are NRC approvals of specific nuclear power plant designs by rulemaking, which then may be voluntarily referenced by applicants for combined licenses or construction permits. For these reasons, the NRC
concludes that preparation of a regulatory analysis is neither required nor appropriate.

The following paragraphs describe the specific changes in this direct final rule.
Appendix D to Part 52Design Certification Rule for the AP1000
Design This direct final rule amends appendix D to 10 CFR part 52 to incorporate amendments to the AP1000
generic design and to extend the duration of the design certification for the AP1000 standard plant design for 5
years.
II. Definitions This final rule revises paragraph A by making document and is plural.
III. Scope and Contents This final rule revises paragraph A to include new documents. It also amends paragraph D by adding new paragraph D.3. to clarify which document controls if there is a conflict between the generic DCD and any of the safety evaluations listed in new paragraphs D.3.a. through D.3.f.
V. Applicable Regulations This final rule adds a new paragraph A.3. to show the regulations that are applicable to the generic AP1000 design as amended.
VI. Issue Resolution This final rule revises paragraphs B.1.
to include the Verification Evaluation Report and note that the documents referenced in this paragraph have been amended by the supplemental information submitted by Westinghouse. It revises paragraph B.7
to include the NRCs final environmental assessment of the amendment and extension of the AP1000 DC.
VII. Duration of This Appendix This final rule revises the period of reference for Appendix D from 15 years to 20 years.
VI. Regulatory Flexibility Certification Under the Regulatory Flexibility Act 5 U.S.C. 605b, the NRC certifies that this direct final rule does not have a significant economic impact on a substantial number of small entities.

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VIII. Backfitting and Issue Finality The NRC has determined that this direct final rule does not constitute backfitting as defined in the backfit rule 50.109 and does not affect the issue finality of any approval issued under 10
CFR part 52.
This final rule extending the duration of the AP1000 design certification and adopting design changes does not constitute backfitting as defined in the backfit rule because the extension of the design certification does not affect any previously issued licenses. In addition, the design changes do not constitute backfitting because all existing licenses referencing the AP1000 standard design have previously been amended to adopt the same design changes incorporated by this rule, and the rule therefore does not result in modifications or additions to those facilities.
This rule does not affect the issue finality of any approval issued under 10
CFR part 52 because the AP1000 design certification is not currently in effect under 52.55 or 52.61, and therefore issue finality under 52.63a does not apply to the AP1000 design certification rule.
IX. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner that also follows other best practices appropriate to the
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subject or field and the intended audience. 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 June 10, 1998 63 FR 31885.
X. Environmental Assessment and Final Finding of No Significant Impact The NRC has determined under the National Environmental Policy Act of 1969, as amended NEPA, and the NRCs regulations in subpart A, National Environmental Policy Act Regulations Implementing Section 1022, of 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, that this direct final rule, if confirmed, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRCs generic determination in this regard, reflected in 51.32b1, is based upon the following considerations. A design certification rule does not authorize the siting, construction, or operation of a facility referencing any particular design, but only codifies a standard design certification in a rule extending the AP1000 design certification and incorporating changes to the design in this case. The NRC will evaluate the environmental impacts and issue an environmental impact statement as appropriate under NEPA as part of the application for the construction and operation of a facility referencing any particular design certification rule.
The determination of this environmental assessment is that there will be no significant environmental impact from this action. The environmental assessment is available as indicated in the Availability of Documents section.
XI. Paperwork Reduction Act This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. Existing collections of information were approved by the Office of Management and Budget, control number 31500151.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid Office of Management and Budget control number.

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