Regulatory Guide: Weather-Related Administrative Controls at Independent Spent Fuel Storage Installations, 67065-67066 [2023-21387]

Download as PDF Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations E. Executive Order 13132 The rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, DHS has determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. F. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. lotter on DSK11XQN23PROD with RULES1 G. Paperwork Reduction Act The Department of Homeland Security is modifying the Office of Management and Budget (OMB) Control Number 1651–0111, Arrival and Departure Record, to allow eligible Israeli passport holders to use an ESTA to apply for authorization to travel under the VWP prior to departing for the United States. U.S. Customs and Border Protection (CBP) uses the information to assist in determining if an applicant is eligible for travel under the VWP. The Department is requesting emergency processing of this change to 1651–0111 as the information is essential to the mission of the agency and is needed prior to the expiration of time periods established under the Paperwork Reduction Act of 1995 (PRA). Because of the designation of Israel for participation in the VWP, the Department is requesting OMB approval of this information collection in accordance with the PRA (44 U.S.C. 3507). The addition of Israel to the VWP will result in an estimated annual increase to information collection 1651–0111 of 30,000 responses and 6,500 burden hours. The total burden hours for ESTA, including Israel, is as follows: Estimated annual reporting burden: 3,256,500 hours. Estimated number of respondents: 15,030,000 respondents. Estimated average annual burden per respondent: 13 minutes. List of Subjects in 8 CFR Part 217 Air carriers, aliens, maritime carriers, passports and visas. Amendments to the Regulations For the reasons stated in the preamble, DHS amends part 217 of title 8 of the Code of Federal Regulations (8 CFR part 217), as set forth below. VerDate Sep<11>2014 16:15 Sep 28, 2023 Jkt 259001 PART 217—VISA WAIVER PROGRAM 1. The general authority citation for part 217 continues to read as follows: ■ Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2. 2. In § 217.2(a), revise the definition of ‘‘Designated country’’ to read as follows: ■ § 217.2 Eligibility. (a) * * * Designated country refers to Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, San Marino, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man); it does not refer to British overseas citizens, British dependent territories’ citizens, or citizens of British Commonwealth countries. Taiwan refers only to individuals who have unrestricted right of permanent abode on Taiwan and are in possession of an electronic passport bearing a personal identification (household registration) number. * * * * * Alejandro N. Mayorkas, Secretary. [FR Doc. 2023–21574 Filed 9–27–23; 8:45 am] BILLING CODE 9110–9M–P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50, 52, and 72 [NRC–2023–0107] Regulatory Guide: Weather-Related Administrative Controls at Independent Spent Fuel Storage Installations Nuclear Regulatory Commission ACTION: Final guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 3.77 (Revision 0), ‘‘Weather-Related Administrative Controls at Independent Spent Fuel Storage Installations.’’ This RG provides SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 67065 applicants and licensees with methods that the NRC staff considers acceptable for specific or general independent spent fuel storage installation licensees and certificate of compliance holders to comply with NRC regulations for protection against environmental conditions and natural phenomena. DATES: Revision 0 to RG 3.77 is available on September 29, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0107 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0107. 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. • 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. • 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. Revision 0 to RG 3.77 and the regulatory analysis may be found in ADAMS under Accession Nos. ML23192A535 and ML23089A014, respectively. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–0262; email: JohnChau.Nguyen@nrc.gov, or Jeremy Tapp, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–8047; email: Jeremy.Tapp@nrc.gov, or Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 301– E:\FR\FM\29SER1.SGM 29SER1 67066 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 415–2493; email: Harriet.Karagiannis@ nrc.gov. All are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Discussion The NRC is issuing a new guide 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. RG 3.77 was issued with a temporary identification of Draft Regulatory Guide, DG–3057. lotter on DSK11XQN23PROD with RULES1 II. Additional Information The NRC published a notice of the availability of DG–3057 (ADAMS Accession No. ML23089A012), in the Federal Register on June 5, 2023 (88 FR 36514), for a 30-day public comment period. The public comment period closed on July 5, 2023, and the staff has incorporated public comments submitted on DG–3057. Public comments on DG–3057 and the staff responses to the public comments are available under ADAMS under Accession No. ML23192A534. This RG is a new RG 3.77, and provides the NRC staff and the industry with guidance that would provide applicants and licensees the option, in certain limited circumstances, to use administrative controls to ensure that the structures, systems, and components important to safety are designed to withstand the effects of weather-related wind and tornado natural phenomena without impairing their capability to perform their intended design functions during outdoor dry storage system handling activities. This RG is endorsing Nuclear Energy Institute 22– 02, Revision 2, ‘‘Guidelines for WeatherRelated Administrative Controls for Short Duration Outdoor Dry Cask Storage Operations,’’ with clarifications and exceptions. As noted in the Federal Register on December 9, 2022 (87 FR 75671), this document is being published in the ‘‘Rules’’ section of the Federal Register to comply with publication requirements under 1 CFR chapter I. III. Congressional Review Act This RG is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found VerDate Sep<11>2014 16:15 Sep 28, 2023 Jkt 259001 it to be a major rule as defined in the Congressional Review Act. IV. Backfitting, Forward Fitting, and Issue Finality Issuance of this regulatory guide does not constitute backfitting as defined in section 72.62 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Backfitting,’’ as defined in 10 CFR 50.109, ‘‘Backfitting,’’ and as described in NRC Management Directive (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’ (ADAMS Accession No.ML18093B087); or 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, ‘‘Licenses, Certificates, and Approvals for Nuclear Powerplants.’’ As explained in RG 3.77, applicants and licensees would not be required to comply with the positions set forth in RG 3.77. 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 enhancements to the ‘‘Regulatory Guide’’ series. Dated: September 25, 2023. For the Nuclear Regulatory Commission. Stephen M. Wyman, Acting Chief,Regulatory Guide and ProgramsManagement Branch,Division of Engineering,Office of Nuclear Regulatory Research. [FR Doc. 2023–21387 Filed 9–28–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION 10 CFR Chapter 1 [NRC–2023–0052] Consideration of Current Operating Issues and Licensing Actions in License Renewal Nuclear Regulatory Commission. ACTION: Regulatory issue summary; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Issue Summary (RIS) 2014–06, ‘‘Consideration of Current SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Operating Issues and Licensing Actions in License Renewal.’’ Revision 1 to RIS 2014–06 provides information to the addressees on how the NRC considers current operating issues in the license renewal review under NRC regulations. This RIS is intended for all holders of operating licenses and combined licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel. NRC regulations identify the technical information that must be submitted in a license renewal application to enable the NRC staff to make a determination that the license may be renewed. Pursuant to the regulations, an applicant is required to demonstrate that the effects of aging on the functionality of structures and components subject to an aging management review will be adequately managed; the consideration of recent operating experience is an important aspect of that demonstration. In addition, as required by NRC regulations, license renewal applicants need to update their applications with new information related to any current licensing basis changes during the NRC application review that could impact aging management of structures and components. DATES: Revision 1 to RIS 2014–06 is available as of September 29, 2023. ADDRESSES: Please refer to NRC–2023– 0052 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for NRC–2023–0052. 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 individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • 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. The ADAMS accession number for each document referenced (if it is available in ADAMS) E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67065-67066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21387]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50, 52, and 72

[NRC-2023-0107]


Regulatory Guide: Weather-Related Administrative Controls at 
Independent Spent Fuel Storage Installations

AGENCY: Nuclear Regulatory Commission

ACTION: Final guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
Regulatory Guide (RG) 3.77 (Revision 0), ``Weather-Related 
Administrative Controls at Independent Spent Fuel Storage 
Installations.'' This RG provides applicants and licensees with methods 
that the NRC staff considers acceptable for specific or general 
independent spent fuel storage installation licensees and certificate 
of compliance holders to comply with NRC regulations for protection 
against environmental conditions and natural phenomena.

DATES: Revision 0 to RG 3.77 is available on September 29, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0107 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0107. 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.
     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].
     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.
    Revision 0 to RG 3.77 and the regulatory analysis may be found in 
ADAMS under Accession Nos. ML23192A535 and ML23089A014, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-0262; email: [email protected], or Jeremy Tapp, Office of Nuclear Material Safety 
and Safeguards, telephone: 301-415-8047; email: [email protected], or 
Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 
301-

[[Page 67066]]

415-2493; email: [email protected]. All are staff of the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a new guide 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.
    RG 3.77 was issued with a temporary identification of Draft 
Regulatory Guide, DG-3057.

II. Additional Information

    The NRC published a notice of the availability of DG-3057 (ADAMS 
Accession No. ML23089A012), in the Federal Register on June 5, 2023 (88 
FR 36514), for a 30-day public comment period. The public comment 
period closed on July 5, 2023, and the staff has incorporated public 
comments submitted on DG-3057. Public comments on DG-3057 and the staff 
responses to the public comments are available under ADAMS under 
Accession No. ML23192A534.
    This RG is a new RG 3.77, and provides the NRC staff and the 
industry with guidance that would provide applicants and licensees the 
option, in certain limited circumstances, to use administrative 
controls to ensure that the structures, systems, and components 
important to safety are designed to withstand the effects of weather-
related wind and tornado natural phenomena without impairing their 
capability to perform their intended design functions during outdoor 
dry storage system handling activities. This RG is endorsing Nuclear 
Energy Institute 22-02, Revision 2, ``Guidelines for Weather-Related 
Administrative Controls for Short Duration Outdoor Dry Cask Storage 
Operations,'' with clarifications and exceptions.
    As noted in the Federal Register on December 9, 2022 (87 FR 75671), 
this document is being published in the ``Rules'' section of the 
Federal Register to comply with publication requirements under 1 CFR 
chapter I.

III. Congressional Review Act

    This RG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

IV. Backfitting, Forward Fitting, and Issue Finality

    Issuance of this regulatory guide does not constitute backfitting 
as defined in section 72.62 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Backfitting,'' as defined in 10 CFR 50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests'' (ADAMS Accession No.ML18093B087); or 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, 
``Licenses, Certificates, and Approvals for Nuclear Powerplants.'' As 
explained in RG 3.77, applicants and licensees would not be required to 
comply with the positions set forth in RG 3.77.

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 enhancements to 
the ``Regulatory Guide'' series.

    Dated: September 25, 2023.

    For the Nuclear Regulatory Commission.
Stephen M. Wyman,
Acting Chief,Regulatory Guide and ProgramsManagement Branch,Division of 
Engineering,Office of Nuclear Regulatory Research.
[FR Doc. 2023-21387 Filed 9-28-23; 8:45 am]
BILLING CODE 7590-01-P
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