[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]
=======================================================================
-----------------------------------------------------------------------
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