Draft Regulatory Guide: Dedication of Commercial-Grade Items for Use in Nuclear Power Plants, 80195-80196 [2023-25422]

Download as PDF 80195 Proposed Rules Federal Register Vol. 88, No. 221 Friday, November 17, 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. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 21, 50, and 52 [NRC–2023–0166] Draft Regulatory Guide: Dedication of Commercial-Grade Items for Use in Nuclear Power Plants Nuclear Regulatory Commission. ACTION: Draft guide; request for comment. AGENCY: khammond on DSKJM1Z7X2PROD with PROPOSALS I. Obtaining Information and Submitting Comments The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft Regulatory Guide (DG), DG–1415, ‘‘Dedication of CommercialGrade Items for Use in Nuclear Power Plants.’’ This DG is the proposed Revision 1 of Regulatory Guide (RG) 1.164 of the same title. This DG describes methods that the NRC staff considers acceptable in meeting regulatory requirements for dedication of commercial-grade items and services used in nuclear power plants. DATES: Submit comments by December 18, 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–2023–0166. 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– SUMMARY: VerDate Sep<11>2014 17:48 Nov 16, 2023 Jkt 262001 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: Amir Mobasheran, Office of Nuclear Regulatory Research, telephone: 301– 415–8112; email: Amir.Mobasheran@ nrc.gov and Deanna Zhang, Office of Nuclear Reactor Regulation, telephone: 301–415–1946; email: Deanna.Zhang@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: A. Obtaining Information Please refer to Docket ID NRC–2023– 0166 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–2023–0166. • 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–1415 is available in ADAMS under Accession No. ML23187A531. • 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. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 www.regulations.gov). Please include Docket ID NRC–2023–0166 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 ‘‘Dedication of Commercial-Grade Items for Use in Nuclear Power Plants,’’ is temporarily identified by its task number, DG–1415. This proposed revision of the guide (Revision 1) updates the guidance to provide additional clarification on NRC’s counterfeit, fraudulent, and suspect items definition. This proposed revision also adds regulatory language to provide additional clarity on requirements applicable to dedication of commercial-grade items. In addition, several editorial changes were made to conform to the current format and content of RGs. The staff is also issuing for public comment a draft regulatory analysis (ADAMS Accession No. ML23187A534). The staff developed a regulatory analysis to assess the value of issuing or E:\FR\FM\17NOP1.SGM 17NOP1 80196 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules revising a regulatory guide as well as alternative courses of action. 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 Issuance of DG–1415 as a final RG would not constitute backfitting as that term is defined in § 50.109 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Backfitting,’’ and as described in NRC Management Directive (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests;’’ affect the issue finality of an approval issued under 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants;’’ or constitute forward fitting as that term is defined and described in MD 8.4 because, as explained in DG–1415, licensees would not be required to comply with the positions set forth in the DG. 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 enhancements to the ‘‘Regulatory Guide’’ series. Dated: November 13, 2023. For the Nuclear Regulatory Commission. Stephen M. Wyman, Acting Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2023–25422 Filed 11–16–23; 8:45 am] BILLING CODE 7590–01–P khammond on DSKJM1Z7X2PROD with PROPOSALS NUCLEAR REGULATORY COMMISSION comment a draft Regulatory Guide (DG), DG–1416, ‘‘Evaluating Deviations and Reporting Defects and Noncompliance.’’ This DG is the proposed Revision 1 of Regulatory Guide (RG) 1.234 of the same title. It describes methods that the NRC staff considers acceptable for complying with the provisions of NRC regulations. DATES: Submit comments by December 18, 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–2023–0167. 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: Amir Mobasheran, Office of Nuclear Regulatory Research, telephone: 301– 415–8112; email: Amir.Mobasheran@ nrc.gov and Deanna Zhang, Office of Nuclear Reactor Regulation, telephone: 301–415–1946; email: Deanna.Zhang@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: 10 CFR Parts 21, 50, and 52 I. Obtaining Information and Submitting Comments [NRC–2023–0167] A. Obtaining Information Draft Regulatory Guide: Evaluating Deviations and Reporting Defects and Noncompliance Nuclear Regulatory Commission. ACTION: Draft guide; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public SUMMARY: VerDate Sep<11>2014 17:48 Nov 16, 2023 Jkt 262001 Please refer to Docket ID NRC–2023– 0167 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–2023–0167. • NRC’s Agencywide Documents Access and Management System PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 (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–1416 is available in ADAMS under Accession No. ML23187A549. • 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. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2023–0167 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. E:\FR\FM\17NOP1.SGM 17NOP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Proposed Rules]
[Pages 80195-80196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25422]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / 
Proposed Rules

[[Page 80195]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 21, 50, and 52

[NRC-2023-0166]


Draft Regulatory Guide: Dedication of Commercial-Grade Items for 
Use in Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft Regulatory Guide (DG), DG-1415, ``Dedication of 
Commercial-Grade Items for Use in Nuclear Power Plants.'' This DG is 
the proposed Revision 1 of Regulatory Guide (RG) 1.164 of the same 
title. This DG describes methods that the NRC staff considers 
acceptable in meeting regulatory requirements for dedication of 
commercial-grade items and services used in nuclear power plants.

DATES: Submit comments by December 18, 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-2023-0166. 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: Amir Mobasheran, Office of Nuclear 
Regulatory Research, telephone: 301-415-8112; email: 
[email protected] and Deanna Zhang, Office of Nuclear Reactor 
Regulation, telephone: 301-415-1946; 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-2023-0166 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-2023-0166.
     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-1415 is available in ADAMS 
under Accession No. ML23187A531.
     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-2023-0166 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 ``Dedication of Commercial-Grade Items for Use in 
Nuclear Power Plants,'' is temporarily identified by its task number, 
DG-1415.
    This proposed revision of the guide (Revision 1) updates the 
guidance to provide additional clarification on NRC's counterfeit, 
fraudulent, and suspect items definition. This proposed revision also 
adds regulatory language to provide additional clarity on requirements 
applicable to dedication of commercial-grade items. In addition, 
several editorial changes were made to conform to the current format 
and content of RGs.
    The staff is also issuing for public comment a draft regulatory 
analysis (ADAMS Accession No. ML23187A534). The staff developed a 
regulatory analysis to assess the value of issuing or

[[Page 80196]]

revising a regulatory guide as well as alternative courses of action.
    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

    Issuance of DG-1415 as a final RG would not constitute backfitting 
as that term is defined in Sec.  50.109 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Backfitting,'' and as described in NRC 
Management Directive (MD) 8.4, ``Management of Backfitting, Forward 
Fitting, Issue Finality, and Information Requests;'' affect the issue 
finality of an approval issued under 10 CFR part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants;'' or constitute 
forward fitting as that term is defined and described in MD 8.4 
because, as explained in DG-1415, licensees would not be required to 
comply with the positions set forth in the DG.

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: November 13, 2023.

    For the Nuclear Regulatory Commission.
Stephen M. Wyman,
Acting Chief, Regulatory Guide and Programs Management Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-25422 Filed 11-16-23; 8:45 am]
BILLING CODE 7590-01-P

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