Draft Regulatory Guide: Guidance for a Technology-Inclusive Content of Application Methodology To Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, 33846-33849 [2023-11179]
Download as PDF
33846
Proposed Rules
Federal Register
Vol. 88, No. 101
Thursday, May 25, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS–SC–23–0015]
Cranberries Grown in the States of
Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York; Continuance
Referendum
Agricultural Marketing Service,
USDA.
ACTION: Referendum order.
AGENCY:
This document directs that a
referendum be conducted among
eligible cranberry producers to
determine whether they favor
continuance of the marketing order
regulating the handling of cranberries
grown in the States of Massachusetts,
Rhode Island, Connecticut, New Jersey,
Wisconsin, Michigan, Minnesota,
Oregon, Washington, and Long Island in
the State of New York.
DATES: The referendum will be
conducted from June 9 through June 30,
2023. Only current producers of
cranberries within the production area
who also grew cranberries in the
production area during the period
September 1, 2021, through August 31,
2022, are eligible to vote in this
referendum. The U.S. Department of
Agriculture (USDA) will provide the
option for ballots to be returned
electronically. Further details will be
provided in the ballot instructions.
Ballots returned via express mail or
electronic mail must show proof of
delivery by no later than 11:59 p.m.
Eastern Time on June 30, 2023, to be
counted.
ADDRESSES: Copies of the marketing
order may be obtained from the
Southeast Region Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA, 1124 First Street
South, Winter Haven, FL 33880;
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SUMMARY:
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Telephone: (863) 324–3375; or from the
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237;
Telephone (202) 720–8085; or on the
internet: https://www.ams.usda.gov/
rules-regulations/moa/commodities.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Chief, Southeast
Region Branch, Market Development
Division, Specialty Crops Program,
AMS, USDA, 1124 First Street South,
Winter Haven, FL 33880; Telephone:
(863) 324–3375, Fax: (863) 291–8614, or
Email: Jennie.Varela@usda.gov or
Christian.Nissen@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to Marketing Agreement and Order No.
929, as amended (7 CFR part 929),
hereinafter referred to as the ‘‘Order,’’
and the applicable provisions of the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act,’’ it is
hereby directed that a referendum be
conducted to ascertain whether
continuance of the Order is favored by
producers. The referendum will be
conducted from June 9 through June 30,
2023, among eligible cranberry
producers in the production area. Only
current cranberry producers who were
engaged in the production of cranberries
in the production area during the period
of September 1, 2021, through August
31, 2022, may participate in the
continuance referendum.
USDA has determined that
continuance referenda are an effective
means for determining whether
producers favor the continuation of
marketing order programs. USDA would
consider termination of the Order if a
majority of producers voting in the
referendum representing more than 50
percent of the volume of cranberries
represented in the referendum favor
termination of the program.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials used in
the referendum have been submitted to
and approved by the Office of
Management and Budget (OMB) and
have been assigned OMB No. 0581–
0189, Fruit Crops. It has been estimated
it will take an average of 20 minutes for
each of the approximately 1,100
cranberry producers in the production
area to cast a ballot. Participation is
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voluntary. Ballots postmarked after June
30, 2023, will not be included in the
vote tabulation. Ballots delivered to
USDA via express mail or returned
electronically must show proof of
delivery by no later than 11:59 p.m.
Eastern Time (ET) on June 30, 2023.
Dolores Lowenstine, Christian D.
Nissen, and Jennie M. Varela of the
Southeast Region Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA, are hereby
designated as the referendum agents of
the Secretary of Agriculture to conduct
this referendum. The procedure
applicable to the referendum shall be
the ‘‘Procedure for the Conduct of
Referenda in Connection with
Marketing Orders for Fruits, Vegetables,
and Nuts Pursuant to the Agricultural
Marketing Agreement Act of 1937, as
Amended’’ (7 CFR 900.400 et seq.).
Ballots and voting instructions will be
sent by U.S. mail, United Parcel Service,
or through electronic mail to all
producers of record and may also be
obtained from the referendum agents or
from their appointees.
List of Subjects in 7 CFR Part 929
Cranberries, Marketing agreements,
Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601–674.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–11151 Filed 5–24–23; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 50 and 52
[NRC–2022–0073]
Draft Regulatory Guide: Guidance for a
Technology-Inclusive Content of
Application Methodology To Inform the
Licensing Basis and Content of
Applications for Licenses,
Certifications, and Approvals for NonLight-Water Reactors
Nuclear Regulatory
Commission.
ACTION: Draft guide; request for
comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is soliciting public
SUMMARY:
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Proposed Rules
comment on its draft Regulatory Guide
(DG–1404), ‘‘Guidance for a
Technology-Inclusive Content of
Application Methodology to Inform the
Licensing Basis and Content of
Applications for Licenses,
Certifications, and Approvals for NonLight-Water Reactors.’’ This DG is a
proposed new regulatory guide to
provide guidance to assist interested
parties and prospective applicants for
the development of content for major
portions of their safety analysis reports
required in applications for licenses,
certifications, and approvals by the NRC
to ensure that non-light water reactor
(non-LWR) facility designs using the
Licensing Modernization Project (LMP)
process meet the minimum
requirements for construction permits,
operating licenses, combined licenses,
manufacturing licenses, standard design
approval, or design certifications.
DATES: Submit comments by July 10,
2023. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website.
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0073. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Michael Orenak, Office of Nuclear
Reactor Regulation, telephone: 301–
415–3229; email: Michael.Orenak@
nrc.gov, or Robert Roche-Rivera, Office
of Nuclear Regulatory Research,
telephone: 301–415–8113; email:
Robert.Roche-Rivera@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
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16:08 May 24, 2023
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0073 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0073.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2022–0073 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
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33847
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
The DG, entitled ‘‘Guidance for a
Technology-Inclusive Content of
Application Methodology to Inform the
Licensing Basis and Content of
Applications for Licenses,
Certifications, and Approvals for NonLight-Water Reactors,’’ is temporarily
identified by its task number, DG–1404.
The staff is also issuing for public
comment a draft regulatory analysis.
The staff developed a regulatory
analysis to assess the value of issuing or
revising a regulatory guide (RG) as well
as alternative courses of action.
The NRC anticipates the submission
of advanced power-reactor applications
within the next few years based on
preapplication engagement initiated by
several prospective applicants. Because
many of these designs are non-LWRs,
the NRC is developing technologyinclusive, risk-informed, performancebased guidance to support the
development of major portions of safety
analysis report content for these nonLWR applications. The proposed
guidance describes the development of
major portions of the safety analysis
report using the industry-developed
guidance contained in Nuclear Energy
Institute (NEI) 21–07, Revision 1,
‘‘Technology Inclusive Guidance for
Non-Light-Water Reactors, Safety
Analysis Report Content for Applicants
Using the NEI 18–04 Methodology,’’
(ADAMS Accession No. ML22060A190).
The proposed guidance will facilitate
the development of non-LWR
applications for construction permits or
operating licenses under part 50 of title
10 of the Code of Federal Regulations
(10 CFR), ‘‘Domestic Licensing of
Production and Utilization Facilities,’’
or combined licenses, manufacturing
licenses, standard design approval, or
design certifications under 10 CFR part
52, ‘‘Licenses, Certifications, and
Approvals for Nuclear Power Plants.’’
The NRC is developing a rule to amend
parts 50 and 52 (RIN 3150-Al66). The
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Proposed Rules
NRC staff notes this proposed RG may
need to be updated to conform to
changes to 10 CFR parts 50 and 52, if
any, adopted through that rulemaking.
Further, as of the date of this DG, the
NRC is developing an optional
performance-based, technologyinclusive regulatory framework for
licensing nuclear power plants
designated as 10 CFR part 53,
‘‘Licensing and Regulation of Advanced
Nuclear Reactors,’’ (RIN 3150–AK31).
The NRC intends to revise this proposed
guidance as a part of the ongoing
rulemaking for 10 CFR part 53.
To standardize the development of
content of a non-LWR application, the
staff focused on two activities: the
Advanced Reactor Content of
Application Project (ARCAP) and the
Technology-Inclusive Content of
Application Project (TICAP). The
ARCAP is an NRC-led activity that is
intended to result in guidance for a
complete non-LWR application for
review under 10 CFR part 50 or 10 CFR
part 52, and which the staff would
update, as appropriate, pending the
issuance of the 10 CFR part 50 and 10
CFR part 52 rulemaking previously
mentioned in this notice, or if the
Commission issues a final 10 CFR part
53 rule.
The TICAP is an industry-led activity
that is focused on providing guidance
on the appropriate scope and depth of
information related to the specific
portions of the safety analysis report
that describe the fundamental safety
functions of the design and document
the safety analysis of the facility using
the LMP-based approach. The LMPbased approach is described in RG
1.233, ‘‘Guidance for a TechnologyInclusive, Risk-Informed, and
Performance-Based Methodology to
Inform the Licensing Basis and Content
of Applications for Licenses,
Certifications, and Approvals for NonLight-Water Reactors,’’ (ADAMS
Accession No. ML20091L698).
The ARCAP draft interim staff
guidance (ISG) titled ‘‘Review of RiskInformed, Technology-Inclusive
Advanced Reactor Applications—
Roadmap’’ (ARCAP Roadmap ISG)
provides a general overview of the
information that should be included in
a non-LWR application. The ARCAP
Roadmap ISG also provides a review
roadmap for the NRC staff with the
principal purpose of ensuring
consistency, quality, and uniformity of
NRC staff reviews. The ARCAP
Roadmap ISG includes references to
eight other ARCAP draft ISGs that are
the subject of separate Federal Register
notices (FRNs) and the TICAP DG that
is the subject of this FRN, requesting
comment on these guidance documents.
Information regarding the eight other
ARCAP draft ISGs and the TICAP DG
can be found in the ‘‘Availability of
Documents’’ section of this FRN.
As noted in the Federal Register on
December 9, 2022 (87 FR 75671), this
document is being published in the
‘‘Proposed Rules’’ section of the Federal
Register to comply with publication
requirements under 1 CFR chapter I.
III. Availability of Documents
The table in this notice provides the
document description, ADAMS
accession number, and, if appropriate,
the docket identification number
referencing the request for public
comment on supporting documents
associated with the document that is the
subject of this FRN.
ADAMS
accession No.
Document description
DG–1404, ‘‘Guidance for a Technology-Inclusive Content of Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-LightWater Reactors.’’.
Regulatory Analysis for DG–1404 .................................................................................................................
Draft Interim Staff Guidance DANU–ISG–2022–01 ‘‘Advanced Reactor Content of Application Project,
‘Review of Risk-Informed, Technology Inclusive Advanced Reactor Applications—Roadmap.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–02, ‘‘Advanced Reactor Content of Application Project
Chapter 2, ‘Site Information.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–03, ‘‘Advanced Reactor Content of Application Project
Chapter 9, ‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–04, ‘‘Advanced Reactor Content of Application Project
Chapter 10, ‘Control of Occupational Dose.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–05, ‘‘Advanced Reactor Content of Application Project
Chapter 11, ‘Organization and Human-System Considerations.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–06, ‘‘Advanced Reactor Content of Application Project
Chapter 12, ‘Post-Construction Inspection, Testing, and Analysis Program.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–07, ‘‘Advanced Reactor Content of Application Project,
‘Risk-informed Inservice Inspection/Inservice Testing.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–08, ‘‘Advanced Reactor Content of Application Project,
‘Risk-Informed Technical Specifications.’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–09, ‘‘Advanced Reactor Content of Application Project,
‘Risk-informed Performance-based Fire Protection Program (for Operations).’ ’’.
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IV. Backfitting, Forward Fitting, and
Issue Finality
DG–1404, if finalized, would not
constitute backfitting as defined in 10
CFR 50.109, ‘‘Backfitting,’’ and as
described in Management Directive
(MD) 8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests’’; constitute
forward fitting as that term is defined
and described in MD 8.4; or affect the
issue finality of any approval issued
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under 10 CFR part 52. The guidance
would not apply to any current
licensees or applicants or existing or
requested approvals under 10 CFR part
52, and therefore its issuance cannot be
a backfit or forward fit or affect issue
finality. Further, as explained in DG–
1404, applicants and licensees would
not be required to comply with the
positions set forth in DG–1404.
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Regulations.gov
docket ID No.
ML22076A003
NRC–2022–0073.
ML22076A002
ML22048B546
NRC–2022–0073.
NRC–2022–0074.
ML22048B541
NRC–2022–0075.
ML22048B543
NRC–2022–0076.
ML22048B544
NRC–2022–0077.
ML22048B542
NRC–2022–0078.
ML22048B545
NRC–2022–0079.
ML22048B549
NRC–2022–0080.
ML22048B548
NRC–2022–0081.
ML22048B547
NRC–2022–0082.
V. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/
contactus.html. Suggestions will be
considered in future updates and
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Proposed Rules
enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: May 22, 2023.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2023–11179 Filed 5–24–23; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1041; Project
Identifier AD–2022–01223–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain The Boeing Company Model
737–600, 737–700, and 737–800 series
airplanes. This proposed AD was
prompted by an evaluation by the
design approval holder (DAH)
indicating the fuselage skin at the
double row of fasteners centered on
certain stringers is subject to skin
cracking. This proposed AD is intended
to complete certain programs to support
the airplane reaching its limit of validity
(LOV). This proposed AD would require
repetitive inspections for cracks of skin
repairs at Stringer S–17, and corrective
actions if necessary. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by July 10, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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SUMMARY:
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AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1041; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, any comments
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone
562–797–1717; website
myboeingfleet.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov by searching for and
locating Docket No. FAA–2023–1041.
FOR FURTHER INFORMATION CONTACT: Bill
Ashforth, Senior Aerospace Engineer,
Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone: 206–231–
3520; email: bill.ashforth@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1041; Project Identifier AD–
2022–01223–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
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33849
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Bill Ashforth, Senior
Aerospace Engineer, Airframe Section,
FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198;
phone: 206–231–3520; email:
bill.ashforth@faa.gov. Any commentary
that the FAA receives that is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Background
As described in FAA Advisory
Circular 120–104 (https://www.faa.gov/
documentLibrary/media/Advisory_
Circular/120-104.pdf), several programs
have been developed to support
initiatives that will ensure the
continued airworthiness of aging
airplane structure. The last element of
those initiatives is the requirement to
establish an LOV of the engineering data
that support the structural maintenance
program under 14 CFR 26.21. This
proposed AD is the result of an
assessment of the previously established
programs by the DAH during the
process of establishing the LOV for the
affected airplanes. The actions specified
in this proposed AD are necessary to
complete certain programs to ensure the
continued airworthiness of aging
airplane structure and to support an
airplane reaching its LOV.
The FAA has received a report
indicating the fuselage skin at the
double row of fasteners centered on
stringers S–17L and S–17R, at station
(STA) 360 to STA 380 and at STA 888
to STA 907 is subject to skin cracking.
During airplane production, a structural
preload was created in the body skin
during installation of S–17 stringers.
Analysis by Boeing shows that this
preload, combined with pressure cycles,
can cause cracks in the skin prior to
reaching the design service objective
(DSO). For Model 737–600, 737–700,
and 737–800 series airplanes after Line
Number 269, the sequence of assembly
was changed to eliminate the preload.
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Agencies
[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Proposed Rules]
[Pages 33846-33849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11179]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 52
[NRC-2022-0073]
Draft Regulatory Guide: Guidance for a Technology-Inclusive
Content of Application Methodology To Inform the Licensing Basis and
Content of Applications for Licenses, Certifications, and Approvals for
Non-Light-Water Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft guide; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting
public
[[Page 33847]]
comment on its draft Regulatory Guide (DG-1404), ``Guidance for a
Technology-Inclusive Content of Application Methodology to Inform the
Licensing Basis and Content of Applications for Licenses,
Certifications, and Approvals for Non-Light-Water Reactors.'' This DG
is a proposed new regulatory guide to provide guidance to assist
interested parties and prospective applicants for the development of
content for major portions of their safety analysis reports required in
applications for licenses, certifications, and approvals by the NRC to
ensure that non-light water reactor (non-LWR) facility designs using
the Licensing Modernization Project (LMP) process meet the minimum
requirements for construction permits, operating licenses, combined
licenses, manufacturing licenses, standard design approval, or design
certifications.
DATES: Submit comments by July 10, 2023. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website.
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0073. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear
Reactor Regulation, telephone: 301-415-3229; email:
[email protected], or Robert Roche-Rivera, Office of Nuclear
Regulatory Research, telephone: 301-415-8113; email: [email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0073 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0073.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0073 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Additional Information
The NRC is issuing for public comment a DG in the NRC's
``Regulatory Guide'' series. This series was developed to describe
methods that are acceptable to the NRC staff for implementing specific
parts of the agency's regulations, to explain techniques that the staff
uses in evaluating specific issues or postulated events, and to
describe information that the staff needs in its review of applications
for permits and licenses.
The DG, entitled ``Guidance for a Technology-Inclusive Content of
Application Methodology to Inform the Licensing Basis and Content of
Applications for Licenses, Certifications, and Approvals for Non-Light-
Water Reactors,'' is temporarily identified by its task number, DG-
1404.
The staff is also issuing for public comment a draft regulatory
analysis. The staff developed a regulatory analysis to assess the value
of issuing or revising a regulatory guide (RG) as well as alternative
courses of action.
The NRC anticipates the submission of advanced power-reactor
applications within the next few years based on preapplication
engagement initiated by several prospective applicants. Because many of
these designs are non-LWRs, the NRC is developing technology-inclusive,
risk-informed, performance-based guidance to support the development of
major portions of safety analysis report content for these non-LWR
applications. The proposed guidance describes the development of major
portions of the safety analysis report using the industry-developed
guidance contained in Nuclear Energy Institute (NEI) 21-07, Revision 1,
``Technology Inclusive Guidance for Non-Light-Water Reactors, Safety
Analysis Report Content for Applicants Using the NEI 18-04
Methodology,'' (ADAMS Accession No. ML22060A190). The proposed guidance
will facilitate the development of non-LWR applications for
construction permits or operating licenses under part 50 of title 10 of
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' or combined licenses,
manufacturing licenses, standard design approval, or design
certifications under 10 CFR part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.'' The NRC is developing a rule to
amend parts 50 and 52 (RIN 3150-Al66). The
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NRC staff notes this proposed RG may need to be updated to conform to
changes to 10 CFR parts 50 and 52, if any, adopted through that
rulemaking. Further, as of the date of this DG, the NRC is developing
an optional performance-based, technology-inclusive regulatory
framework for licensing nuclear power plants designated as 10 CFR part
53, ``Licensing and Regulation of Advanced Nuclear Reactors,'' (RIN
3150-AK31). The NRC intends to revise this proposed guidance as a part
of the ongoing rulemaking for 10 CFR part 53.
To standardize the development of content of a non-LWR application,
the staff focused on two activities: the Advanced Reactor Content of
Application Project (ARCAP) and the Technology-Inclusive Content of
Application Project (TICAP). The ARCAP is an NRC-led activity that is
intended to result in guidance for a complete non-LWR application for
review under 10 CFR part 50 or 10 CFR part 52, and which the staff
would update, as appropriate, pending the issuance of the 10 CFR part
50 and 10 CFR part 52 rulemaking previously mentioned in this notice,
or if the Commission issues a final 10 CFR part 53 rule.
The TICAP is an industry-led activity that is focused on providing
guidance on the appropriate scope and depth of information related to
the specific portions of the safety analysis report that describe the
fundamental safety functions of the design and document the safety
analysis of the facility using the LMP-based approach. The LMP-based
approach is described in RG 1.233, ``Guidance for a Technology-
Inclusive, Risk-Informed, and Performance-Based Methodology to Inform
the Licensing Basis and Content of Applications for Licenses,
Certifications, and Approvals for Non-Light-Water Reactors,'' (ADAMS
Accession No. ML20091L698).
The ARCAP draft interim staff guidance (ISG) titled ``Review of
Risk-Informed, Technology-Inclusive Advanced Reactor Applications--
Roadmap'' (ARCAP Roadmap ISG) provides a general overview of the
information that should be included in a non-LWR application. The ARCAP
Roadmap ISG also provides a review roadmap for the NRC staff with the
principal purpose of ensuring consistency, quality, and uniformity of
NRC staff reviews. The ARCAP Roadmap ISG includes references to eight
other ARCAP draft ISGs that are the subject of separate Federal
Register notices (FRNs) and the TICAP DG that is the subject of this
FRN, requesting comment on these guidance documents. Information
regarding the eight other ARCAP draft ISGs and the TICAP DG can be
found in the ``Availability of Documents'' section of this FRN.
As noted in the Federal Register on December 9, 2022 (87 FR 75671),
this document is being published in the ``Proposed Rules'' section of
the Federal Register to comply with publication requirements under 1
CFR chapter I.
III. Availability of Documents
The table in this notice provides the document description, ADAMS
accession number, and, if appropriate, the docket identification number
referencing the request for public comment on supporting documents
associated with the document that is the subject of this FRN.
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Regulations.gov docket ID
Document description ADAMS accession No. No.
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DG-1404, ``Guidance for a Technology-Inclusive ML22076A003 NRC-2022-0073.
Content of Application Methodology to Inform the
Licensing Basis and Content of Applications for
Licenses, Certifications, and Approvals for Non-
Light-Water Reactors.''.
Regulatory Analysis for DG-1404.................. ML22076A002 NRC-2022-0073.
Draft Interim Staff Guidance DANU-ISG-2022-01 ML22048B546 NRC-2022-0074.
``Advanced Reactor Content of Application
Project, `Review of Risk-Informed, Technology
Inclusive Advanced Reactor Applications--
Roadmap.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-02, ML22048B541 NRC-2022-0075.
``Advanced Reactor Content of Application
Project Chapter 2, `Site Information.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-03, ML22048B543 NRC-2022-0076.
``Advanced Reactor Content of Application
Project Chapter 9, `Control of Routine Plant
Radioactive Effluents, Plant Contamination and
Solid Waste.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-04, ML22048B544 NRC-2022-0077.
``Advanced Reactor Content of Application
Project Chapter 10, `Control of Occupational
Dose.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-05, ML22048B542 NRC-2022-0078.
``Advanced Reactor Content of Application
Project Chapter 11, `Organization and Human-
System Considerations.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-06, ML22048B545 NRC-2022-0079.
``Advanced Reactor Content of Application
Project Chapter 12, `Post-Construction
Inspection, Testing, and Analysis Program.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-07, ML22048B549 NRC-2022-0080.
``Advanced Reactor Content of Application
Project, `Risk-informed Inservice Inspection/
Inservice Testing.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-08, ML22048B548 NRC-2022-0081.
``Advanced Reactor Content of Application
Project, `Risk-Informed Technical
Specifications.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-09, ML22048B547 NRC-2022-0082.
``Advanced Reactor Content of Application
Project, `Risk-informed Performance-based Fire
Protection Program (for Operations).' ''.
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IV. Backfitting, Forward Fitting, and Issue Finality
DG-1404, if finalized, would not constitute backfitting as defined
in 10 CFR 50.109, ``Backfitting,'' and as described in Management
Directive (MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue
Finality, and Information Requests''; constitute forward fitting as
that term is defined and described in MD 8.4; or affect the issue
finality of any approval issued under 10 CFR part 52. The guidance
would not apply to any current licensees or applicants or existing or
requested approvals under 10 CFR part 52, and therefore its issuance
cannot be a backfit or forward fit or affect issue finality. Further,
as explained in DG-1404, applicants and licensees would not be required
to comply with the positions set forth in DG-1404.
V. Submitting Suggestions for Improvement of Regulatory Guides
A member of the public may, at any time, submit suggestions to the
NRC for improvement of existing RGs or for the development of new RGs.
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html.
Suggestions will be considered in future updates and
[[Page 33849]]
enhancements to the ``Regulatory Guide'' series.
Dated: May 22, 2023.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-11179 Filed 5-24-23; 8:45 am]
BILLING CODE 7590-01-P