Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 61989 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

[NRC–2022–0073] 

Draft Regulatory Guide: Guidance for a 

Technology-Inclusive Content-ofApplication Methodology To Inform the 

Licensing Basis and Content of 

Applications for Licenses, 

Certifications, and Approvals for NonLight-Water Reactors 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is soliciting public 

comment on Appendix B and 

conforming changes to other parts of its 

draft Regulatory Guide (DG), DG–1404, 

Revision 1 ‘‘Guidance for a TechnologyInclusive Content-of-Application 

Methodology to Inform the Licensing 

Basis and Content of Applications for 

Licenses, Certifications, and Approvals 

for Non-Light-Water Reactors.’’ On May 

25, 2023, the NRC published Revision 0 

to DG–1404 requesting public comment, 

and on June 28, 2023, the NRC extended 

the public comment period to August 

10, 2023. Since then, and consistent 

with item 1 in Appendix A to DG–1404, 

Revision 0, the NRC completed its 

development of Appendix B and revised 

DG–1404 (i.e., Revision 1) to include 

this appendix and made conforming 

changes to other parts of the document. 

Appendix B provides additional 

guidance for the scope, level of detail, 

elements, and plant representation for a 

probabilistic risk assessment (PRA) 

supporting a Licensing Modernization 

Project (LMP)-based construction permit 

application. 

DATES: Submit comments by October 10, 

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–2022–0073. 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: 

Michael Orenak, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–3229; email: Michael.Orenak@

nrc.gov, Anders Gilbertson, Office of 

Nuclear Reactor Regulation, telephone: 

301–415–1541; email: 

Anders.Gilbertson@nrc.gov, and Robert 

Roche-Rivera, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–8113; email: Robert.Roche-Rivera@

nrc.gov. They are on the 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–2022– 

0073 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–2022–0073. 

• 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 

PDR.Resource@nrc.gov. DG–1404, 

Revision 1, is available in ADAMS 

under Accession No. ML23194A194. 

• 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. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2022–0073 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 ‘‘Guidance for a 

Technology-Inclusive Content-ofApplication Methodology to Inform the 

Licensing Basis and Content of 

Applications for Licenses, 

Certifications, and Approvals for NonLight-Water Reactors,’’ is temporarily 

identified by its task number, DG–1404, 

Revision 1. 

DG–1404, Revision 0, issued for 

public comment on May 25, 2023 (88 FR 

33846), provides guidance to assist 

interested parties and prospective 

applicants for construction permits, 

operating licenses, combined licenses, 

manufacturing licenses, standard design 

approval, or design certifications in 

developing the content of applications 

using the LMP process. The guidance 

identifies an acceptable method for 

developing major portions of safety 

analysis reports in accordance with the 

LMP process to describe non-light-water 


lotter on DSK11XQN23PROD with PROPOSALS1
61990 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 

reactor facility designs and to help 

ensure the minimum requirements are 

met for the type of application selected. 

Revision 1 to DG–1404 is now being 

issued for public comment as the NRC 

has completed its development of 

Appendix B and made conforming 

changes to the DG–1404. The newly 

added Appendix B provides additional 

guidance for the scope, level of detail, 

elements, and plant representation for a 

PRA supporting an LMP-based part 50 

of title 10 of the Code of Federal 

Regulations (10 CFR) construction 

permit application. Conforming changes 

to the base document of DG–1404 

Revision 0 (staff position C.3.d) and 

DG–1404 Appendix A Revision 0 (item 

1) were made to reflect the addition of 

Appendix B. The changes to the DG– 

1404, Revision 0 base document and 

Appendix A are shown in strikeout so 

that these changes can be easily 

identified (ADAMS Accession No. 

ML23248A343). 

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–1404, Revision 1, if finalized, 

would not constitute backfitting as 

defined in 10 CFR 50.109, ‘‘Backfitting,’’ 

and as described in 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. The 

guidance would not apply to any 

current licensees or applicants under 10 

CFR parts 50 or 52 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 DG– 

1404, Revision 1, applicants and 

licensees would not be required to 

comply with the positions set forth in 

DG–1404, Revision 1. 

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/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: September 5, 2023. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–19451 Filed 9–7–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1822; Project 

Identifier MCAI–2023–00653–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus SAS Model A310 series 

airplanes. This proposed AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference 

(IBR). The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by October 23, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1822; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For EASA material that is proposed 

for IBR in this NPRM, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1822. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aviation Safety Engineer, FAA, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 206– 

231–3225; email dan.rodina@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1822; Project Identifier 

MCAI–2023–00653–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 


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