Regulatory Guide: Dedication of Commercial-Grade Items for Use in Nuclear Power Plants, 33183-33184 [2024-08963]

Download as PDF 33183 Rules and Regulations Federal Register Vol. 89, No. 83 Monday, April 29, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 21, 50, and 52 [NRC–2023–0166] Regulatory Guide: Dedication of Commercial-Grade Items for Use in Nuclear Power Plants Nuclear Regulatory Commission. ACTION: Final guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 1.164, ‘‘Dedication of Commercial-Grade Items for Use in Nuclear Power Plants.’’ This RG describes methods that the staff of the NRC considers acceptable in meeting regulatory requirements for the dedication of commercial grade items and services used in nuclear power plants. SUMMARY: Revision 1 to RG 1.164 is available on April 29, 2024. ADDRESSES: Please refer to Docket ID NRC–2023–0166 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–2023–0166. 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. • 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 khammond on DSKJM1Z7X2PROD with RULES DATES: VerDate Sep<11>2014 15:46 Apr 26, 2024 Jkt 262001 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. Revision 1 to RG 1.164 and the regulatory analysis may be found in ADAMS under Accession Nos. ML24038A310 and ML23187A534, respectively. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. 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: I. Discussion The NRC is issuing a revision 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 proposed Revision 1 to RG 1.164 was issued with a temporary identification of Draft Regulatory Guide, (DG)–1415 (ADAMS Accession No. ML23187A531). This revision of the guide (Revision 1) updates the guidance to provide additional clarification on the NRC’s definition of counterfeit, fraudulent, and suspect items. This revision also provides additional clarity on requirements applicable to the PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 dedication of commercial-grade items. In addition, the staff made several editorial changes to conform to the current format and content of RGs. II. Additional Information The NRC published notice of the availability of DG–1415 in the Federal Register on November 17, 2023 (88 FR 80195), for a 30-day public comment period. The public comment period closed on December 18, 2023. Public comments on DG–1415 and the staff responses to the public comments are available under ADAMS Accession No. ML24059A003. As noted in the Federal Register on December 9, 2022 (87 FR75671), this document is being published in the ‘‘Rules’’ section of the Federal Register to comply with publication requirements under chapter I of title 1 of the Code of Federal Regulations (CFR). 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 RG 1.164, Revision 1, does not constitute 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’’; does not affect issue finality of any approval issued under 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants’’; and does not constitute forward fitting as that term is defined and described in MD 8.4, because, as explained in RG 1.164, Revision 1, licensees would not be required to comply with the positions set forth in the RG. 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 E:\FR\FM\29APR1.SGM 29APR1 33184 Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Rules and Regulations considered in future updates and enhancements to the ‘‘Regulatory Guide’’ series. Dated: April 22, 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. 2024–08963 Filed 4–26–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2024–0034] RIN 3150–AL07 List of Approved Spent Fuel Storage Casks: NAC International, Inc., NAC– UMS Universal Storage System, Certificate of Compliance No. 1015, Renewal of Initial Certificate and Amendment Nos. 1 Through 9 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc., NAC–UMS Universal Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to renew the initial certificate and Amendment Nos. 1 through 9 of Certificate of Compliance No. 1015. The renewal of the initial certificate of compliance and Amendment Nos. 1 through 9 for 40 years changes the certificate’s conditions and technical specifications to address aging management activities related to the structures, systems, and components important to safety of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations. SUMMARY: This direct final rule is effective July 15, 2024 unless significant adverse comments are received by May 29, 2024. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. 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. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the khammond on DSKJM1Z7X2PROD with RULES DATES: VerDate Sep<11>2014 15:46 Apr 26, 2024 Jkt 262001 Proposed Rules section of this issue of the Federal Register. ADDRESSES: Submit your comments, identified by Docket ID NRC–2024–0034 at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. You can read a plain language description of this direct final rule at https://www.regulations.gov/docket/ NRC-2024-0034. 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: Christopher Markley, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–6293, email: Christopher.Markley@nrc.gov and Greg Trussell, Office of Nuclear Material Safety and Safeguards, telephone: 301– 415–6244, email: Gregory.Trussell@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2024– 0034 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–2024–0034. Address questions about NRC dockets to Helen Chang, telephone: 301–415- 3228, email: Helen.Chang@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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: 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, 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–2024–0034 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. Rulemaking Procedure This direct final rule is limited to the changes contained in the initial certificate and Amendment Nos. 1 through 9 to Certificate of Compliance (CoC) No. 1015 and does not include other aspects of NAC International, Inc., NAC–UMS Universal Storage System design. The NRC is using the ‘‘direct final rule procedure’’ to issue this renewal because this action represents a E:\FR\FM\29APR1.SGM 29APR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33183-33184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08963]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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


Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Rules 
and Regulations

[[Page 33183]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 21, 50, and 52

[NRC-2023-0166]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guide; issuance.

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

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

DATES: Revision 1 to RG 1.164 is available on April 29, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0166 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-2023-0166. 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.
     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.
    Revision 1 to RG 1.164 and the regulatory analysis may be found in 
ADAMS under Accession Nos. ML24038A310 and ML23187A534, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

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. Discussion

    The NRC is issuing a revision 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 proposed Revision 1 to RG 1.164 was issued with a temporary 
identification of Draft Regulatory Guide, (DG)-1415 (ADAMS Accession 
No. ML23187A531). This revision of the guide (Revision 1) updates the 
guidance to provide additional clarification on the NRC's definition of 
counterfeit, fraudulent, and suspect items. This revision also provides 
additional clarity on requirements applicable to the dedication of 
commercial-grade items. In addition, the staff made several editorial 
changes to conform to the current format and content of RGs.

II. Additional Information

    The NRC published notice of the availability of DG-1415 in the 
Federal Register on November 17, 2023 (88 FR 80195), for a 30-day 
public comment period. The public comment period closed on December 18, 
2023. Public comments on DG-1415 and the staff responses to the public 
comments are available under ADAMS Accession No. ML24059A003.
    As noted in the Federal Register on December 9, 2022 (87 FR75671), 
this document is being published in the ``Rules'' section of the 
Federal Register to comply with publication requirements under chapter 
I of title 1 of the Code of Federal Regulations (CFR).

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 RG 1.164, Revision 1, does not constitute 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''; does not affect 
issue finality of any approval issued under 10 CFR part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants''; and does not 
constitute forward fitting as that term is defined and described in MD 
8.4, because, as explained in RG 1.164, Revision 1, licensees would not 
be required to comply with the positions set forth in the RG.

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

[[Page 33184]]

considered in future updates and enhancements to the ``Regulatory 
Guide'' series.

    Dated: April 22, 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. 2024-08963 Filed 4-26-24; 8:45 am]
BILLING CODE 7590-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.