This section of the FEDERAL REGISTER
contains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.Rules and RegulationsFederal Register7839 
Vol. 88, No. 25 
Tuesday, February 7, 2023 
NUCLEAR REGULATORY 
COMMISSION 
10 CFR Parts 50 and 52 
[NRC–2021–0117] 
Acceptability of ASME Code, Section 
III, Division 5, High Temperature Reactors 
AGENCY : Nuclear Regulatory 
Commission. 
ACTION : Regulatory guide; NUREG; 
issuance. 
SUMMARY : The U.S. Nuclear Regulatory 
Commission (NRC) is issuing Revision 2 to Regulatory Guide (RG), 1.87, ‘‘Acceptability of ASME Code, Section III, Division 5, ‘High Temperature Reactors.’ ’’ This RG describes an approach that is acceptable to the NRC staff to assure the mechanical/structural integrity of components that operate in elevated temperature environments and that are subject to time-dependent material properties and failure modes. It endorses, with exceptions and limitations, the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel (BPV) Code (ASME Code) Section III, ‘‘Rules for Construction of Nuclear Facility Components,’’ Division 5, ‘‘High Temperature Reactors,’’ and Code Cases N–861, N–862, N–872, and N–898. The NRC is also issuing NUREG–2245, ‘‘Technical Review of the 2017 Edition of ASME Section III, Division 5, ‘High Temperature Reactors,’ ’’ that documents the NRC staff’s review of the 2017 Edition of ASME Section III, Division 5, certain portions of the 2019 Edition, and Code Cases N–861 and N– 862. The technical basis for the NRC’s endorsement of Code Cases N–872 and N–898 is contained in Technical Letter Report (TLR)-RES/DE/REB–2022–01, ‘‘Review of Code Cases Permitting Use of Nickel-Based Alloy 617 in Conjunction with ASME Section III, Division 5.’’ DATES : Revision 2 to RG 1.87 is available 
on February 7, 2023. 
ADDRESSES : Please refer to Docket ID 
NRC–2021–0117 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–2021–0117. 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, 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: You may examine and 
purchase copies of public documents, by appointment, at the NRC’s Public Document Room (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 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 2 to RG 1.87 and the 
regulatory analysis may be found in ADAMS under Accession Nos. ML22101A263 and ML21091A277, respectively. 
Regulatory guides are not 
copyrighted, and NRC approval is not required to reproduce them. 
FOR FURTHER INFORMATION CONTACT : 
Jeffrey Poehler, Office of Nuclear Regulatory Research, telephone: 301– 415–8353, email: Jeffrey.Poehler@nrc.gov and Robert Roche-Rivera, Office 
of Nuclear Regulatory Research, telephone: 301–415–8113, email: Robert.Roche-Rivera@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 2 to RG 1.87 
was issued with a temporary identification of Draft Regulatory Guide, DG–1380. This revision (Revision 2) updates the guidance to endorse, with exceptions and limitations, the 2017 Edition of ASME Code Section III, Division 5, as a method acceptable to the staff for the materials, mechanical/ structural design, construction, testing, and quality assurance of mechanical systems and components and their supports of high-temperature reactors. The NRC staff is also endorsing use of certain values in the 2019 Edition of ASME Code, Section II, ‘‘Materials,’’ Part D, ‘‘Properties (Metric)’’ and Mandatory Appendix HBB–I–14 of the 2019 Edition of the ASME Code, Section III, Division 5 for limited use. This revision of the guide also endorses the Code Cases N–861, N–862, N–872, and N–898 related to ASME Code, Section III, Division 5. The technical basis for NRC’s endorsement of the ASME Code Section III, Division 5, and code cases N–861 and N–862 is contained in NUREG–2245. The technical basis for the NRC’s endorsement of Code Cases N–872 and N–898 is contained in Technical Letter Report (TLR)-RES/DE/ REB–2022–01, ‘‘Review of Code Cases Permitting Use of Nickel-Based Alloy 617 in Conjunction with ASME Section III, Division 5,’’ dated January 31, 2022. In addition to the above, Revision 2 to RG 1.87 provides guidance for the quality group classification of components in non-LWR designs. 
II. Additional Information 
The NRC published a notice of the 
availability of DG–1380 in the Federal 
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Register on August 20, 2021 (86 FR 
46888) for a 60-day public comment 
period. The public comment period closed on October 19, 2021. Subsequent to the public comment period for DG– 1380, the NRC staff completed its review of Code Cases N–872 and N–898, related to the use of Nickel-Based Alloy 617. On March 1, 2022, the NRC staff issued a supplemental Federal Register notice (87 FR 11490) to DG–1380 requesting public comment on the staff’s proposed endorsement of Code Cases N–872 and N–898. Public comments on DG–1380 and the staff responses to the 
public comments are available in ADAMS (see the ‘‘Availability of Documents’’ table in section IV). 
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 
RG 1.87, Revision 2, does not 
constitute backfitting as defined in section 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’’; 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 Power Plants.’’ 
The guidance does 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 1.87, Revision 2, applicants and licensees are not required to comply with the positions set forth in RG 1.87, Revision 2. 
V. Availability of Documents 
Document ADAMS accession 
No. 
RG 1.87, Revision 2, ‘‘Acceptability of ASME Code, Section III, Division 5, ‘High Temperature Reactors,’ ’’ dated January 
2023.ML22101A263. 
Regulatory Analysis for RG 1.87, Revision 2 .................................................................................... ......................................... ML21091A277. 
DG–1380 (Proposed Revision 2 to RG 1.87), ‘‘Acceptability of ASME Code, Section III, Division 5, ‘High Temperature Re-
actors,’ ’’ dated August 2021.ML21091A276. 
NUREG–2245, ‘‘Technical Review of the 2017 Edition of ASME Section III, Division 5, ‘High Temperature Reactors,’ ’’ 
dated January 2023.ML23030B636. 
TLR–RES/DE/REB–2022–01, ‘‘Review of Code Cases Permitting Use of Nickel-Based Alloy 617 in Conjunction with 
ASME Section III, Division 5,’’ dated January 31, 2022.ML22031A137. 
Response to Public Comments on DG–1380, dated January 2023 .......................................................................................... ML22101A267. 
MD 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests,’’ dated September 20, 
2019.ML18093B087. 
VI. 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: February 1, 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. 2023–02518 Filed 2–6–23; 8:45 am] 
BILLING CODE 7590–01–P DEPARTMENT OF ENERGY 
10 CFR Part 429 
[EERE–2022–BT–CRT–0021] 
RIN 1904–AF42 
Energy Conservation Program: 
Consumer Refrigeration and Miscellaneous Refrigeration Products 
AGENCY : Office of Energy Efficiency and 
Renewable Energy, Department of Energy. 
ACTION : Final rule. 
SUMMARY : On July 18, 2016, the U.S. 
Department of Energy (DOE) published a final rule that amended the test procedure for refrigerators and refrigerator-freezers and established both coverage and procedures for testing miscellaneous refrigeration products (‘‘MREFs’’). That final rule also established provisions within DOE’s certification requirements to provide instructions regarding product category determinations, which were intended to be consistent with the definitions established for MREFs and refrigerators, refrigerator-freezers, and freezers. This final rule corrects certain inconsistencies between the instructions for determining product categories and 
the corresponding product definitions to avoid confusion regarding the application of those definitions. 
DATES : The effective date of this rule is 
March 9, 2023. 
ADDRESSES : The docket, 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, 
not all documents listed in the index may be publicly available, such as those containing information that is exempt from public disclosure. 
A link to the docket web page can be 
found at www.regulations.gov/docket/ EERE-2022-BT-CRT-0021. The docket web page contains instructions on how to access all documents, including public comments, in the docket. 
For further information on how to 
review the docket contact the Appliance and Equipment Standards Program staff at (202) 287–1445 or by email: ApplianceStandardsQuestions@ee.doe.gov. 
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