27714 Federal Register / Vol. 88, No. 85 / Wednesday, May 3, 2023 / Proposed Rules 
disclosed in your comment submission. 
The NRC will post all comment submissions at https://www.regulations.gov as well as enters 
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 submissions 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, ‘‘Quality Assurance 
Program Criteria (Design and Construction)’’ is temporarily identified by its task number, DG–1403 (ADAMS Accession No. ML22304A054). 
This DG is proposed Revision 6 of RG 
1.28, ‘‘Quality Assurance Program 
Criteria (Design and Construction).’’ The proposed DG describes methods and procedures that the NRC staff considers acceptable for use in complying with the agency’s regulations regarding the QA program criteria for the design and construction phases of nuclear power plants and fuel reprocessing plants. It provides an adequate basis for complying with the requirements of appendix B to part 50 of title 10 of the Code of Federal Regulations (10 CFR), subject to certain exceptions and clarifications of NQA–1–2017, NQA–1– 2019, and NQA–1–2022 identified in proposed Revision 6 of RG 1.28. DG– 1403, endorses, with some clarifications and exceptions, three versions of the American Society of Mechanical Engineers (ASME) NQA–1 standard: NQA–1–2017, NQA–1–2019, and NQA– 1–2022. The previous version of RG 1.28 (Revision 5) approved the use of NQA– 1b–2011 Addenda to ASME NQA–1– 2008, NQA–1–2012, and NQA–1–2015, with certain clarifications and regulatory positions. The staff 
determined that the NQA–1–2017, NQA–1–2019, and NQA–1–2022 versions provide the most current guidance for QA, and the NRC staff endorses the Part I and Part II requirements included in NQA–1–2017, NQA–1–2019, and NQA–1–2022 for the implementation of a QA program during the design and construction phases of nuclear power plants and fuel reprocessing plants. These Parts provide an adequate basis for complying with the requirements of appendix B to 10 CFR part 50, subject to certain exceptions and clarifications of NQA–1– 2017, NQA–1–2019, and NQA–1–2022 identified in DG–1403. This DG also endorses NEI 14–05A, ‘‘Guidelines for the Use of Accreditation in Lieu of Commercial Grade Surveys for Procurement of Laboratory Calibration and Test Services,’’ Revision 1, issued November 2020, as an acceptable approach for licensees and suppliers 
subject to the QA requirements of appendix B to 10 CFR part 50. 
The staff is also issuing for public 
comment a draft regulatory analysis (ADAMS Accession No. ML22304A055). The staff developed 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 
DG–1403, if finalized, would revise 
RG 1.28, and provide NRC staff endorsement of the Part I and Part II requirements. This revision would apply to both production and utilization nuclear facilities. Issuance of DG–1403, if finalized, would 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’’; 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. 
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: April 26, 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. 2023–09160 Filed 5–2–23; 8:45 am] 
BILLING CODE 7590–01–P 
NUCLEAR REGULATORY 
COMMISSION 
10 CFR Parts 50 and 52 
[NRC–2023–0089] 
Draft Regulatory Guide: Guidelines for 
Lightning Protection for Production and Utilization Facilities 
AGENCY : Nuclear Regulatory 
Commission 
ACTION : Draft guide; request for 
comment. 
SUMMARY : The U.S. Nuclear Regulatory 
Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG–1409, ‘‘Guidelines for Lightning Protection for Production and Utilization Facilities.’’ This DG is the proposed Revision 1 of Regulatory Guide (RG) 1.204, ‘‘Guidelines for Lightning Protection of Nuclear Power Plants.’’ DG–1409 describes an approach that is acceptable to the staff of the NRC to meet regulatory requirements for adequate lightning protection of safety- related systems, structures, and components (SSCs). This DG endorses, with clarifications, the methods described in Institute of Electrical and Electronics Engineers (IEEE) Standard (Std.) 665–1995, ‘‘IEEE Standard for Generating Station Grounding’’; IEEE Std. 666–2007, ‘‘IEEE Design Guide for Electrical Power Service Systems for Generating Stations’’; IEEE Std. 1050– 2004, ‘‘IEEE Guide for Instrumentation and Control Equipment Grounding in Generating Stations’’; and IEEE Std. C62.23–2017, ‘‘IEEE Application Guide for Surge Protection of Electric Generating Plants.’’ 
DATES : Submit comments by June 2, 
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 
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comment submission through the 
Federal rulemaking website: 
•Federal rulemaking website: Go to 
https://www.regulations.gov and search 
for Docket ID NRC–2023–0089. 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. 
•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 : 
James Steckel, telephone: 301–415– 1026; email: James.Steckel@nrc.gov; and 
Roy Hardin, telephone: 301–415–2181; email: Roy.Hardin@nrc.gov. Both are 
staff of the Office of Nuclear Regulatory Research at 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– 
0089, 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–2023–0089. 
•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. DG–1409, 
‘‘Guidelines for Lightning Protection for Production and Utilization Facilities,’’ is available in ADAMS under Accession No. ML22208A232. 
•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 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. 
B. Submitting Comments 
The NRC encourages electronic 
comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC–2023–0089 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 ‘‘Guidelines for 
Lightning Protection for Production and Utilization Facilities,’’ is temporarily identified by its task number, DG–1409. 
DG–1409 is proposed Revision 1 of 
RG 1.204. This proposed revision endorses, with clarifications, the methods described in Institute of Electrical and Electronics Engineers (IEEE) Standard (Std.) 665–1995, ‘‘IEEE Standard for Generating Station Grounding’’; IEEE Std. 666–2007, ‘‘IEEE Design Guide for Electrical Power Service Systems for Generating Stations’’; IEEE Std. 1050–2004, ‘‘IEEE Guide for Instrumentation and Control 
Equipment Grounding in Generating Stations’’; and IEEE Std. C62.23–2017, ‘‘IEEE Application Guide for Surge Protection of Electric Generating Plants’’ as acceptable methods for demonstrating compliance with the applicable NRC regulations for adequate lightning protection of safety-related systems, structures, and components. 
The staff is also issuing for public 
comment a draft regulatory analysis (ADAMS Accession No. ML22208A234). The staff developed 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 DG–1409, if finalized, 
would not constitute backfitting as that term is 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’’; affect issue finality of any approval issued under 10 CFR part 52, ‘‘Licenses, Certificates, and Approvals for Nuclear Power Plants’’; or constitute forward fitting as defined in MD 8.4, because, as explained in this DG, applicants and licensees would not be required to comply with the positions set forth in this DG. 
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: April 28, 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. 2023–09390 Filed 5–2–23; 8:45 am] 
BILLING CODE 7590–01–P 
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