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, 22912-22914 [2024-07022]
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Rules and Regulations
Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C.
1806).
2. Amend § 214.2 as follows:
a. In Table 2 to Paragraph (f)—
Paragraph Contents, item (2), remove
‘‘I–20 ID’’ and add in its place ‘‘Form I–
20 or successor form’’.
■ b. Paragraph (f)(6)(iii)(B) is revised.
■ c. Paragraph (f)(8)(iii) is removed and
reserved.
■ d. Paragraph (f)(9)(ii)(F)(2) is removed
and reserved.
■ e. In paragraph (m)(l)(i)(B), remove
‘‘SEVIS Form I–20’’ and add in its place
‘‘Form 1–20’’.
■ f. The introductory text of paragraph
(m)(9)(vi) is revised.
The revisions read as follows:
■
■
§ 214.2 Special requirements for
admission, extension, and maintenance of
status.
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*
*
*
*
*
(f) * * *
(6) * * *
(iii) * * *
(B) Medical conditions. The DSO may
authorize a reduced course load (or, if
necessary, no course load) due to a
student’s temporary illness or medical
condition for a period of time not to
exceed an aggregate of 12 months while
the student is pursuing a course of study
at a particular program level. In order to
authorize a reduced course load based
upon a medical condition, the student
must provide medical documentation
from a licensed medical doctor, a
licensed doctor of osteopathy, a licensed
psychologist, or a licensed clinical
psychologist to the DSO to substantiate
the illness or medical condition. The
student must provide current medical
documentation and the DSO must
reauthorize the drop below full course
of study each new term, session, or
semester. A student previously
authorized to drop below a full course
of study due to illness or medical
condition for an aggregate of 12 months
may not be authorized by a DSO to
reduce their course load on subsequent
occasions while pursuing a course of
study at the same program level. A
student may be authorized to reduce
course load for a reason of illness or
medical condition on more than one
occasion while pursuing a course of
study, so long as the aggregate period of
that authorization does not exceed 12
months.
*
*
*
*
*
(m) * * *
(9) * * *
(vi) Reduced course load. The
designated school official may authorize
an M–1 student to engage in less than
a full course of study only where the
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17:20 Apr 02, 2024
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student has been compelled by illness
or a medical condition that has been
documented by a licensed medical
doctor, a licensed doctor of osteopathy,
a licensed psychologist, or a licensed
clinical psychologist to interrupt or
reduce their course of study. A DSO
may not authorize a reduced course load
for more than an aggregate of 5 months
per course of study. An M–1 student
previously authorized to drop below a
full course of study due to illness or
medical condition for an aggregate of 5
months, may not be authorized by the
DSO to reduce their course load on
subsequent occasions during their
particular course of study.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2024–06657 Filed 4–2–24; 8:45 am]
BILLING CODE 9111–CB–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 50 and 52
[NRC–2022–0073]
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: Final guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
Regulatory Guide (RG) 1.253, Revision
0, ‘‘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 new RG
provides guidance to assist interested
parties and prospective applicants in
the development of content for major
portions of their safety analysis reports
required in applications for permits,
licenses, certifications, and approvals by
the NRC to ensure that applications for
non-light water reactor (non-LWR)
facility designs using the Licensing
Modernization Project (LMP) process
meet the minimum requirements for
construction permit, operating license,
combined license, or design certification
applications.
DATES: RG 1.253, Revision 0, is available
on April 3, 2024.
SUMMARY:
PO 00000
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Please refer to Docket ID
NRC–2022–0073 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–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.
• 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)
is provided the first time that it is
mentioned in this document.
• 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.
RG 1.253 and the regulatory analysis
may be found in ADAMS under
Accession Nos. ML23269A222 and
ML22076A002, respectively.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Anders Gilbertson, Office of Nuclear
Reactor Regulation, telephone: 301–
415–1541, email: Anders.Gilbertson@
nrc.gov and Ramon Gascot Lozada,
Office of Nuclear Regulatory Research,
telephone: 301–415–2004, email:
Ramon.GascotLozada@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC staff is issuing a new guide
in the NRC’s ‘‘Regulatory Guide’’ series.
This series was developed to describe
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Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Rules and Regulations
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, certifications,
approvals, and licenses.
RG 1.253, Revision 0, ‘‘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,’’ provides
guidance to assist interested parties and
prospective applicants in the
development of content for major
portions of their safety analysis reports
required in applications for permits,
licenses, certifications, and approvals by
the NRC to ensure that applications for
non-LWR facility designs using the LMP
process meet the minimum
requirements for construction permit,
operating license, combined license, or
design certification applications.
II. Additional Information
RG 1.253 was issued as a draft
regulatory guide (DG) with a temporary
identification of DG–1404 (ADAMS
Accession No. ML22076A003).
The NRC published DG–1404,
Revision 0 in the Federal Register on
May 25, 2023 (88 FR 33846), for a 45day public comment period.
Subsequently, the comment period was
extended by 30-days as noted in the
Federal Register June 28, 2023 (88 FR
41862). The public comment period
closed on August 10, 2023. On
September 8, 2023, the NRC published
a request for public comment on
Revision 1 to DG–1404 in the Federal
Register (88 FR 61989). Revision 1 to
DG–1404 provided additional guidance
for the scope, level of detail, elements
and plant representation for a
probabilistic risk assessment supporting
an LMP-based construction permit
application. The public comment period
for Revision 1 to DG–1404 closed on
October 10, 2023. Public comments on
DG–1404 Revision 0 and Revision 1,
and the staff responses to the public
comments are available in ADAMS
under Accession No. ML23269A223.
The NRC staff 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 staff
developed technology-inclusive, riskinformed, performance-based guidance
to support the development of major
portions of safety analysis report
content for these non-LWR applications.
The 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 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 or design
certifications under 10 CFR part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’
The NRC staff notes it is developing
a rule to amend parts 50 and 52 to align
reactor licensing processes and
incorporate lessons learned from new
reactor licensing into the regulations
(RIN 3150-Al66). This 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 RG, the NRC staff is
developing an optional performancebased, technology-inclusive regulatory
framework for licensing nuclear power
plants designated as 10 CFR part 53
(RIN 3150–AK31). The NRC intends to
revise this 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 document, or if the
Commission issues a final 10 CFR part
53 rule.
The TICAP is an industry led
guidance activity focused on the scope
and depth of information to include in
the portions of a safety analysis report
that address the implementation of the
LMP methodology described in NEI 18–
04, Revision 1, and endorsed by the
NRC in Regulatory Guide 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).
During the 711th meeting of the
Advisory Committee on Reactor
Safeguards (ACRS), December 6–7,
2023, the ACRS, the NRC staff, and
representatives of other stakeholders
discussed guidance documents related
to the ARCAP and the TICAP. On
December 20, 2023, the ACRS issued a
report documenting its review of these
guidance documents (ADAMS
Accession No. ML23348A182). The
conclusions and recommendations in
the ACRS report apply to all the ARCAP
and TICAP guidance documents. In its
December 2023 report, the ACRS also
recommended specific changes to DG–
1404. As set forth in its letter dated
March 18, 2024, (ADAMS No.
ML24024A025) in which the NRC staff
responded to the ACRS report, the NRC
staff revised RG 1.253 to address
specific ACRS recommendations.
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.
The table in this rulemaking provides
the document description, ADAMS
accession number, and, if appropriate,
the docket identification number on
supporting documents associated with
the document that is the subject of this
Federal Register document.
ADAMS
accession No.
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Document description
RG 1.253, Revision 0, ‘‘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.’’.
Regulatory Analysis for DG–1404 .................................................................................................................
Interim Staff Guidance DANU–ISG–2022–01, ‘‘Advanced Reactor Content of Application Project, ‘Review of Risk-Informed, Technology Inclusive Advanced Reactor Applications—Roadmap.’ ’’.
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E:\FR\FM\03APR1.SGM
Regulations.gov
docket ID No.
ML23269A222
NRC–2022–0073
ML22076A002
ML23277A139
NRC–2022–0073
NRC–2022–0074
03APR1
22914
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Rules and Regulations
ADAMS
accession No.
Document description
Interim Staff Guidance DANU–ISG–2022–02, ‘‘Advanced Reactor Content of Application Project Chapter 2, ‘Site Information.’ ’’.
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.’ ’’.
Interim Staff Guidance DANU–ISG–2022–04, ‘‘Advanced Reactor Content of Application Project Chapter 10, ‘Control of Occupational Dose.’ ’’.
Interim Staff Guidance DANU–ISG–2022–05, ‘‘Advanced Reactor Content of Application Project Chapter 11, ‘Organization and Human-System Considerations.’ ’’.
Interim Staff Guidance DANU–ISG–2022–06, ‘‘Advanced Reactor Content of Application Project Chapter 12, ‘Post-manufacturing and construction Inspection, Testing, and Analysis Program.’ ’’.
Interim Staff Guidance DANU–ISG–2022–07, ‘‘Advanced Reactor Content of Application Project, ‘RiskInformed Inservice Inspection/Inservice Testing Programs for Non-LWRs.’ ’’.
Interim Staff Guidance DANU–ISG–2022–08, ‘‘Advanced Reactor Content of Application Project, ‘RiskInformed Technical Specifications.’ ’’.
Interim Staff Guidance DANU–ISG–2022–09, ‘‘Advanced Reactor Content of Application Project, ‘RiskInformed Performance-Based Fire Protection Program (for Operations).’ ’’.
Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application
Project Guidance.
Response to the Advisory Committee on Reactor Safeguards Letter, ‘‘Review of Advanced Reactor
Content of Application Project/Technology-Inclusive Content of Application Project Guidance’’.
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.
RG 1.253, Revision 0, does 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’’; does not
constitute forward fitting as that term is
defined and described in MD 8.4; and
does not 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 RG 1.253, applicants and
licensees would not be required to
comply with the positions set forth in
RG 1.253.
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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.
17:20 Apr 02, 2024
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[FR Doc. 2024–07022 Filed 4–2–24; 8:45 am]
BILLING CODE 7590–01–P
IV. Backfitting, Forward Fitting, and
Issue Finality
VerDate Sep<11>2014
Dated: March 28, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2020–BT–STD–0015]
RIN 1904–AE87
Energy Conservation Program:
Clarifying Amendments to the Error
Correction Rule
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(‘‘DOE’’ or ‘‘the Department’’) is
amending its procedures for providing
public input on possible corrections of
errors contained in the regulatory text of
energy conservation standard final
rules. In this final rule, DOE modifies
certain aspects of these procedures to
clarify and reflect the Department’s
intent regarding the error correction
process that it previously created. The
procedures as amended in this final rule
do not in any way restrict, limit,
diminish, or eliminate the Secretary’s
discretion to determine whether to
establish or amend an energy
conservation standard, or to determine
the appropriate level at which to amend
or establish any energy conservation
standard.
SUMMARY:
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Regulations.gov
docket ID No.
ML23277A140
NRC–2022–0075
ML23277A141
NRC–2022–0076
ML23277A142
NRC–2022–0077
ML23277A143
NRC–2022–0078
ML23277A144
NRC–2022–0079
ML23277A145
NRC–2022–0080
ML23277A146
NRC–2022–0081
ML23277A147
NRC–2022–0082
ML23348A182
NRC–2022–0074
ML24024A025
NRC–2022–0074
The effective date of this rule is
April 3, 2024.
DATES:
The docket for this
rulemaking, which includes Federal
Register notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available. The
docket web page can be found at
www.regulations.gov/docket?D=EERE2020-BT-STD-0015. The docket web
page explains how to access all
documents, including public comments,
in the docket.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5904 or Lucas.Adin@ee.doe.gov.
Ms. Melanie Lampton, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 751–
5157. Email: Melanie.Lampton@
hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of Final Rule
II. General Discussion
A. General Comments
B. Comments Concerning EPCA’s AntiBacksliding Provision
C. Other Comments
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]]>Agencies
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22912-22914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07022]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 52
[NRC-2022-0073]
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: Final guide; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
Regulatory Guide (RG) 1.253, Revision 0, ``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 new RG provides guidance
to assist interested parties and prospective applicants in the
development of content for major portions of their safety analysis
reports required in applications for permits, licenses, certifications,
and approvals by the NRC to ensure that applications for non-light
water reactor (non-LWR) facility designs using the Licensing
Modernization Project (LMP) process meet the minimum requirements for
construction permit, operating license, combined license, or design
certification applications.
DATES: RG 1.253, Revision 0, is available on April 3, 2024.
ADDRESSES: Please refer to Docket ID NRC-2022-0073 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-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.
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]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
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.
RG 1.253 and the regulatory analysis may be found in ADAMS under
Accession Nos. ML23269A222 and ML22076A002, respectively.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Anders Gilbertson, Office of Nuclear
Reactor Regulation, telephone: 301-415-1541, email:
[email protected] and Ramon Gascot Lozada, Office of Nuclear
Regulatory Research, telephone: 301-415-2004, email:
[email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC staff is issuing a new guide in the NRC's ``Regulatory
Guide'' series. This series was developed to describe
[[Page 22913]]
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, certifications, approvals, and licenses.
RG 1.253, Revision 0, ``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,'' provides guidance to assist interested parties and
prospective applicants in the development of content for major portions
of their safety analysis reports required in applications for permits,
licenses, certifications, and approvals by the NRC to ensure that
applications for non-LWR facility designs using the LMP process meet
the minimum requirements for construction permit, operating license,
combined license, or design certification applications.
II. Additional Information
RG 1.253 was issued as a draft regulatory guide (DG) with a
temporary identification of DG-1404 (ADAMS Accession No. ML22076A003).
The NRC published DG-1404, Revision 0 in the Federal Register on
May 25, 2023 (88 FR 33846), for a 45-day public comment period.
Subsequently, the comment period was extended by 30-days as noted in
the Federal Register June 28, 2023 (88 FR 41862). The public comment
period closed on August 10, 2023. On September 8, 2023, the NRC
published a request for public comment on Revision 1 to DG-1404 in the
Federal Register (88 FR 61989). Revision 1 to DG-1404 provided
additional guidance for the scope, level of detail, elements and plant
representation for a probabilistic risk assessment supporting an LMP-
based construction permit application. The public comment period for
Revision 1 to DG-1404 closed on October 10, 2023. Public comments on
DG-1404 Revision 0 and Revision 1, and the staff responses to the
public comments are available in ADAMS under Accession No. ML23269A223.
The NRC staff 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 staff developed 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 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 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 or design
certifications under 10 CFR part 52, ``Licenses, Certifications, and
Approvals for Nuclear Power Plants.''
The NRC staff notes it is developing a rule to amend parts 50 and
52 to align reactor licensing processes and incorporate lessons learned
from new reactor licensing into the regulations (RIN 3150-Al66). This
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 RG, the NRC staff is developing an optional performance-based,
technology-inclusive regulatory framework for licensing nuclear power
plants designated as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to
revise this 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 document,
or if the Commission issues a final 10 CFR part 53 rule.
The TICAP is an industry led guidance activity focused on the scope
and depth of information to include in the portions of a safety
analysis report that address the implementation of the LMP methodology
described in NEI 18-04, Revision 1, and endorsed by the NRC in
Regulatory Guide 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).
During the 711th meeting of the Advisory Committee on Reactor
Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and
representatives of other stakeholders discussed guidance documents
related to the ARCAP and the TICAP. On December 20, 2023, the ACRS
issued a report documenting its review of these guidance documents
(ADAMS Accession No. ML23348A182). The conclusions and recommendations
in the ACRS report apply to all the ARCAP and TICAP guidance documents.
In its December 2023 report, the ACRS also recommended specific changes
to DG-1404. As set forth in its letter dated March 18, 2024, (ADAMS No.
ML24024A025) in which the NRC staff responded to the ACRS report, the
NRC staff revised RG 1.253 to address specific ACRS recommendations.
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.
The table in this rulemaking provides the document description,
ADAMS accession number, and, if appropriate, the docket identification
number on supporting documents associated with the document that is the
subject of this Federal Register document.
----------------------------------------------------------------------------------------------------------------
Document description ADAMS accession No. Regulations.gov docket ID No.
----------------------------------------------------------------------------------------------------------------
RG 1.253, Revision 0, ``Guidance for a ML23269A222 NRC-2022-0073
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.''.
Regulatory Analysis for DG-1404.......... ML22076A002 NRC-2022-0073
Interim Staff Guidance DANU-ISG-2022-01, ML23277A139 NRC-2022-0074
``Advanced Reactor Content of
Application Project, `Review of Risk-
Informed, Technology Inclusive Advanced
Reactor Applications--Roadmap.' ''.
[[Page 22914]]
Interim Staff Guidance DANU-ISG-2022-02, ML23277A140 NRC-2022-0075
``Advanced Reactor Content of
Application Project Chapter 2, `Site
Information.' ''.
Interim Staff Guidance DANU-ISG-2022-03, ML23277A141 NRC-2022-0076
``Advanced Reactor Content of
Application Project Chapter 9, `Control
of Routine Plant Radioactive Effluents,
Plant Contamination and Solid Waste.' ''.
Interim Staff Guidance DANU-ISG-2022-04, ML23277A142 NRC-2022-0077
``Advanced Reactor Content of
Application Project Chapter 10, `Control
of Occupational Dose.' ''.
Interim Staff Guidance DANU-ISG-2022-05, ML23277A143 NRC-2022-0078
``Advanced Reactor Content of
Application Project Chapter 11,
`Organization and Human-System
Considerations.' ''.
Interim Staff Guidance DANU-ISG-2022-06, ML23277A144 NRC-2022-0079
``Advanced Reactor Content of
Application Project Chapter 12, `Post-
manufacturing and construction
Inspection, Testing, and Analysis
Program.' ''.
Interim Staff Guidance DANU-ISG-2022-07, ML23277A145 NRC-2022-0080
``Advanced Reactor Content of
Application Project, `Risk-Informed
Inservice Inspection/Inservice Testing
Programs for Non-LWRs.' ''.
Interim Staff Guidance DANU-ISG-2022-08, ML23277A146 NRC-2022-0081
``Advanced Reactor Content of
Application Project, `Risk-Informed
Technical Specifications.' ''.
Interim Staff Guidance DANU-ISG-2022-09, ML23277A147 NRC-2022-0082
``Advanced Reactor Content of
Application Project, `Risk-Informed
Performance-Based Fire Protection
Program (for Operations).' ''.
Review of Advanced Reactor Content of ML23348A182 NRC-2022-0074
Application Project/Technology-Inclusive
Content of Application Project Guidance.
Response to the Advisory Committee on ML24024A025 NRC-2022-0074
Reactor Safeguards Letter, ``Review of
Advanced Reactor Content of Application
Project/Technology-Inclusive Content of
Application Project Guidance''.
----------------------------------------------------------------------------------------------------------------
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
RG 1.253, Revision 0, does 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''; does not constitute forward
fitting as that term is defined and described in MD 8.4; and does not
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 RG 1.253, applicants and licensees would not
be required to comply with the positions set forth in RG 1.253.
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: March 28, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2024-07022 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P
