67066 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

415–2493; email: Harriet.Karagiannis@

nrc.gov. 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 WeatherRelated 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/readingrm/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 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Chapter 1 

[NRC–2023–0052] 

Consideration of Current Operating 

Issues and Licensing Actions in 

License Renewal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory issue summary; 

issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 1 

to Regulatory Issue Summary (RIS) 

2014–06, ‘‘Consideration of Current 

Operating Issues and Licensing Actions 

in License Renewal.’’ Revision 1 to RIS 

2014–06 provides information to the 

addressees on how the NRC considers 

current operating issues in the license 

renewal review under NRC regulations. 

This RIS is intended for all holders of 

operating licenses and combined 

licenses for nuclear power reactors, 

except those who have permanently 

ceased operations and have certified 

that fuel has been permanently removed 

from the reactor vessel. NRC regulations 

identify the technical information that 

must be submitted in a license renewal 

application to enable the NRC staff to 

make a determination that the license 

may be renewed. Pursuant to the 

regulations, an applicant is required to 

demonstrate that the effects of aging on 

the functionality of structures and 

components subject to an aging 

management review will be adequately 

managed; the consideration of recent 

operating experience is an important 

aspect of that demonstration. In 

addition, as required by NRC 

regulations, license renewal applicants 

need to update their applications with 

new information related to any current 

licensing basis changes during the NRC 

application review that could impact 

aging management of structures and 

components. 

DATES: Revision 1 to RIS 2014–06 is 

available as of September 29, 2023. 

ADDRESSES: Please refer to NRC–2023– 

0052 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 NRC–2023–0052. 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 

individual 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 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67067 

is provided the first time that it is 

mentioned in this document. 

• 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. 

• This RIS is also available on the 

NRC’s public website at https://

www.nrc.gov/reading-rm/doccollections/gen-comm/reg-issues (select 

2014, scroll to Document Number RIS– 

14–06, and select the date 08/21/2023). 

FOR FURTHER INFORMATION CONTACT: 

Lauren Gibson, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

1056, email: Lauren.Gibson@nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

published a notice of opportunity for 

public comment on this RIS in the 

Federal Register on March 7, 2023 (88 

FR 14091). The agency received 

comments from six commenters. The 

staff considered all comments, but no 

changes were made to the RIS. The NRC 

staff’s evaluation of these comments is 

discussed in a publicly available 

memorandum which is available in 

ADAMS under Accession No 

ML23191A262. 

RIS 2014–06, Revision 1, 

‘‘Consideration of Current Operating 

Issues and Licensing Actions in License 

Renewal’’ is available in ADAMS under 

Accession No. ML23167A044. 

As noted in the Federal Register on 

May 8, 2018 (83 FR 20858), this 

document (like other draft and final 

Regulatory Issue Summaries) is being 

published in the Rules section of the 

Federal Register to comply with 

publication requirements under 1 CFR 

chapter I. 

Dated: September 26, 2023. 

For the Nuclear Regulatory Commission. 

Lisa M. Regner, 

Chief, Generic Communication and Operating 

Experience Branch, Division of Reactor 

Oversight, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2023–21426 Filed 9–28–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 230926–0232] 

RIN 0648–BG01 

Designation of Wisconsin Shipwreck 

Coast National Marine Sanctuary; 

Delay of Effectiveness 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Final rule; delay of 

effectiveness. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

designated the Wisconsin Shipwreck 

Coast National Marine Sanctuary 

(WSCNMS) on June 23, 2021, and the 

final rule became effective on August 

16, 2021. However, as discussed in the 

final rule, the provision that prohibits 

grappling into or anchoring on 

shipwreck sites (grappling and 

anchoring provision) was to go into 

effect on October 1, 2023. This action 

delays the effectiveness of the grappling 

and anchoring provision of the final rule 

until October 1, 2024. 

DATES: As of September 29, 2023, the 

stay of § 922.213(a)(2), which published 

at 86 FR 32757, June 23, 2021, is 

extended until October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: Russ 

Green, Superintendent, Office of 

National Marine Sanctuaries at 920– 

459–4425, russ.green@noaa.gov, or 

Wisconsin Shipwreck Coast National 

Marine Sanctuary, One University 

Drive, Sheboygan, WI 53081, Attn: Russ 

Green, Superintendent. 

SUPPLEMENTARY INFORMATION: On June 

23, 2021, NOAA published a final rule 

to implement the designation of the 

WSCNMS (86 FR 32737). The 

designation and regulations became 

effective on August 16, 2021 (86 FR 

45860; August 17, 2023), although the 

effectiveness of the provision at 15 CFR 

922.213(a)(2) was stayed until October 

1, 2023. As discussed in the final rule 

(86 FR 32737; June 23, 2021), the 

effectiveness of § 922.213(a)(2), which 

prohibits grappling into or anchoring on 

shipwreck sites, was stayed until 

October 1, 2023, to provide NOAA with 

adequate time to develop a shipwreck 

mooring program and plan, begin 

installing mooring buoys, and develop 

best practices for accessing shipwrecks 

when mooring buoys are not present. 

With this final rule, NOAA is further 

delaying the effectiveness for the 

prohibition of grappling into or 

anchoring on shipwreck sites for one 

year, to October 1, 2024. 

Section 922.213(a)(2) prohibits 

grappling into or anchoring on 

shipwreck sites to protect fragile 

shipwrecks within the sanctuary from 

damage. The initial two-year delay, and 

also this thirteen-month extension of the 

effectiveness, is necessary to provide 

additional time for NOAA to develop a 

shipwreck mooring program, which will 

include the installation of mooring buoy 

systems and public outreach and 

education. 

While the prohibition on grappling 

into or anchoring on shipwreck sites is 

essential to protect shipwrecks from 

damage, NOAA believes this interest 

should be balanced with the interest of 

promoting public access to the 

sanctuary. It is important to have 

permanent mooring buoys installed at 

priority shipwreck sites before the 

grappling and anchoring provision 

comes into effect, and NOAA needs 

additional time to install buoys. 

NOAA established the initial two-year 

stay to delay the date of effectiveness for 

§ 922.213(a)(2) when it issued the final 

rule to designate and implement 

regulations for the WSCNMS (86 FR 

32737; June 23, 2021) in response to 

public comments expressing concerns 

that the prohibition would negatively 

affect commercial vessels that may need 

to anchor in the sanctuary, and also 

would limit public access to shipwrecks 

when alternatives to anchoring (i.e., 

buoys) are not available (86 FR 32737, 

at 42144). NOAA delayed the date of 

effectiveness to allow NOAA time to 

install buoys and provide education on 

the location of shipwrecks and on how 

to access shipwrecks using other 

methods. 

Since designation of the sanctuary in 

August 2021, NOAA has identified 19 

shipwreck sites for installation of 

mooring buoys and engaged with the 

Lake Carriers Association to ensure the 

moorings do not impact commercial 

shipping. NOAA worked with State and 

Federal authorities to obtain required 

permits, and has awarded contracts to 

purchase various mooring components. 

NOAA intended to begin installing 

buoys during the summer months of 

2023, but was ultimately unable to 

secure ship time from its partners. Buoy 

installation must occur during the 

summer months on Lake Michigan. 

Therefore, NOAA must wait until the 

summer season of 2024 to perform this 

work. This action extends the stay to 

delay the date of effectiveness until 

October 1, 2024, thus giving NOAA the 


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