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, 61989-61990 [2023-19451]

Download as PDF Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [NRC–2022–0073] Draft Regulatory Guide: Guidance for a Technology-Inclusive Content-ofApplication 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 comment on Appendix B and conforming changes to other parts of its draft Regulatory Guide (DG), DG–1404, Revision 1 ‘‘Guidance for a TechnologyInclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.’’ On May 25, 2023, the NRC published Revision 0 to DG–1404 requesting public comment, and on June 28, 2023, the NRC extended the public comment period to August 10, 2023. Since then, and consistent with item 1 in Appendix A to DG–1404, Revision 0, the NRC completed its development of Appendix B and revised DG–1404 (i.e., Revision 1) to include this appendix and made conforming changes to other parts of the document. Appendix B provides additional guidance for the scope, level of detail, elements, and plant representation for a probabilistic risk assessment (PRA) supporting a Licensing Modernization Project (LMP)-based construction permit application. DATES: Submit comments by October 10, 2023. Comments received after this date will be considered if it is practical to do so, but the NRC 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. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 • 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. 61989 B. Submitting Comments I. Obtaining Information and 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. A. Obtaining Information II. Additional 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. DG–1404, Revision 1, is available in ADAMS under Accession No. ML23194A194. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. 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. 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-ofApplication 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, Revision 1. DG–1404, Revision 0, issued for public comment on May 25, 2023 (88 FR 33846), provides guidance to assist interested parties and prospective applicants for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications in developing the content of applications using the LMP process. The guidance identifies an acceptable method for developing major portions of safety analysis reports in accordance with the LMP process to describe non-light-water FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear Reactor Regulation, telephone: 301– 415–3229; email: Michael.Orenak@ nrc.gov, Anders Gilbertson, Office of Nuclear Reactor Regulation, telephone: 301–415–1541; email: Anders.Gilbertson@nrc.gov, and Robert Roche-Rivera, Office of Nuclear Regulatory Research, telephone: 301– 415–8113; email: Robert.Roche-Rivera@ nrc.gov. They are on the staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.SGM 08SEP1 61990 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules reactor facility designs and to help ensure the minimum requirements are met for the type of application selected. Revision 1 to DG–1404 is now being issued for public comment as the NRC has completed its development of Appendix B and made conforming changes to the DG–1404. The newly added Appendix B provides additional guidance for the scope, level of detail, elements, and plant representation for a PRA supporting an LMP-based part 50 of title 10 of the Code of Federal Regulations (10 CFR) construction permit application. Conforming changes to the base document of DG–1404 Revision 0 (staff position C.3.d) and DG–1404 Appendix A Revision 0 (item 1) were made to reflect the addition of Appendix B. The changes to the DG– 1404, Revision 0 base document and Appendix A are shown in strikeout so that these changes can be easily identified (ADAMS Accession No. ML23248A343). 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. Backfitting, Forward Fitting, and Issue Finality DG–1404, Revision 1, 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 under 10 CFR parts 50 or 52 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, Revision 1, applicants and licensees would not be required to comply with the positions set forth in DG–1404, Revision 1. lotter on DSK11XQN23PROD with PROPOSALS1 IV. 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 VerDate Sep<11>2014 16:41 Sep 07, 2023 Jkt 259001 enhancements to the ‘‘Regulatory Guide’’ series. Dated: September 5, 2023. For the Nuclear Regulatory Commission. Harriet Karagiannis, Acting Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2023–19451 Filed 9–7–23; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1822; Project Identifier MCAI–2023–00653–T] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A310 series airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). 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 October 23, 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. AD Docket: You may examine the AD docket at regulations.gov under Docket SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 No. FAA–2023–1822; 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, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For EASA material that is proposed for IBR in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2023–1822. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3225; email dan.rodina@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–2023–1822; Project Identifier MCAI–2023–00653–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. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt E:\FR\FM\08SEP1.SGM 08SEP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Proposed Rules]
[Pages 61989-61990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19451]



[[Page 61989]]

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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.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
public comment on Appendix B and conforming changes to other parts of 
its draft Regulatory Guide (DG), DG-1404, Revision 1 ``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.'' On May 
25, 2023, the NRC published Revision 0 to DG-1404 requesting public 
comment, and on June 28, 2023, the NRC extended the public comment 
period to August 10, 2023. Since then, and consistent with item 1 in 
Appendix A to DG-1404, Revision 0, the NRC completed its development of 
Appendix B and revised DG-1404 (i.e., Revision 1) to include this 
appendix and made conforming changes to other parts of the document. 
Appendix B provides additional guidance for the scope, level of detail, 
elements, and plant representation for a probabilistic risk assessment 
(PRA) supporting a Licensing Modernization Project (LMP)-based 
construction permit application.

DATES: Submit comments by October 10, 2023. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
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], Anders Gilbertson, Office of Nuclear Reactor 
Regulation, telephone: 301-415-1541; email: [email protected], 
and Robert Roche-Rivera, Office of Nuclear Regulatory Research, 
telephone: 301-415-8113; email: [email protected]. They are 
on the 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, at 301-415-4737, 
or by email to [email protected]. DG-1404, Revision 1, is available 
in ADAMS under Accession No. ML23194A194.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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, Revision 1.
    DG-1404, Revision 0, issued for public comment on May 25, 2023 (88 
FR 33846), provides guidance to assist interested parties and 
prospective applicants for construction permits, operating licenses, 
combined licenses, manufacturing licenses, standard design approval, or 
design certifications in developing the content of applications using 
the LMP process. The guidance identifies an acceptable method for 
developing major portions of safety analysis reports in accordance with 
the LMP process to describe non-light-water

[[Page 61990]]

reactor facility designs and to help ensure the minimum requirements 
are met for the type of application selected. Revision 1 to DG-1404 is 
now being issued for public comment as the NRC has completed its 
development of Appendix B and made conforming changes to the DG-1404. 
The newly added Appendix B provides additional guidance for the scope, 
level of detail, elements, and plant representation for a PRA 
supporting an LMP-based part 50 of title 10 of the Code of Federal 
Regulations (10 CFR) construction permit application. Conforming 
changes to the base document of DG-1404 Revision 0 (staff position 
C.3.d) and DG-1404 Appendix A Revision 0 (item 1) were made to reflect 
the addition of Appendix B. The changes to the DG-1404, Revision 0 base 
document and Appendix A are shown in strikeout so that these changes 
can be easily identified (ADAMS Accession No. ML23248A343).
    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. Backfitting, Forward Fitting, and Issue Finality

    DG-1404, Revision 1, 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 under 
10 CFR parts 50 or 52 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, Revision 1, 
applicants and licensees would not be required to comply with the 
positions set forth in DG-1404, Revision 1.

IV. 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 enhancements to 
the ``Regulatory Guide'' series.

    Dated: September 5, 2023.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide and Programs Management Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-19451 Filed 9-7-23; 8:45 am]
BILLING CODE 7590-01-P

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