[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Proposed Rules]
[Pages 36514-36515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11895]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Proposed
Rules
[[Page 36514]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0107]
Draft Regulatory Guide: Weather-Related Administrative Controls
at Independent Spent Fuel Storage Installations
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft guide; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment a draft regulatory guide (DG), DG-3057, ``Weather-
Related Administrative Controls at Independent Spent Fuel Storage
Installations.'' This DG is a proposed new regulatory guide (RG) 3.77
and provides licensees with methods that the NRC staff considers
acceptable for specific or general licensees of an independent spent
fuel storage installation and certificate of compliance holders to
comply with protection against environmental conditions and natural
phenomena.
DATES: Submit comments by July 5, 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-2023-0107. 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.
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: John-Chau Nguyen, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-0262; email: [email protected], or Matt Learn, Office of Nuclear Material Safety
and Safeguards, telephone: 630-829-9603; email: [email protected],
or Harriet Karagiannis, Office of Nuclear Regulatory Research,
telephone: 301-415-2493; email: [email protected]. All 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-2023-0107 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-2023-0107.
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, 301-415-4737, or
by email to [email protected].
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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-2023-0107 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 ``Weather-Related Administrative Controls at
Independent Spent Fuel Storage Installations,'' (ADAMS Accession No.
ML23089A012) is temporarily identified by its task number, DG-3057.
This DG-3057 is a proposed new RG 3.77, and provides the NRC staff
and the industry with guidance that would provide 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
[[Page 36515]]
wind and tornado natural phenomena without impairing their capability
to perform their intended design functions during outdoor dry storage
system handling activities. This DG 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.
The staff is also issuing for public comment a draft regulatory
analysis (ADAMS Accession No. ML23089A014). The staff develops a
regulatory analysis to assess the value of issuing or 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 this draft regulatory guide would not constitute
backfitting as defined in section 72.62 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'' (ADAMS Accession
No. ML18093B087); 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. Further, as explained in DG-3057,
applicants and licensees would not be required to comply with the
positions set forth in DG-3057.
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: May 31, 2023.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-11895 Filed 6-2-23; 8:45 am]
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