[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]


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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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#fead8a9f9d87d0ad9d968b939f9090be908c9dd0999188"><span class="__cf_email__" data-cfemail="fcaf889d9f85d2af9f9489919d9292bc928e9fd29b938a">[email protected]</span></a>. For technical 
questions, contact the individuals listed in the For Further 
Information Contact section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#0a5a4e5824586f79657f78696f4a647869246d657c"><span class="__cf_email__" data-cfemail="d1819583ff83b4a2bea4a3b2b491bfa3b2ffb6bea7">[email protected]</span></a>.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#613125334f3304120e14130204210f13024f060e17"><span class="__cf_email__" data-cfemail="aafaeef884f8cfd9c5dfd8c9cfeac4d8c984cdc5dc">[email protected]</span></a> 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: <a href="/cdn-cgi/l/email-protection#4903262127640a21283c67072e3c302c2709273b2a672e263f"><span class="__cf_email__" data-cfemail="0d47626563204e656c7823436a787468634d637f6e236a627b">[email protected]</span></a>, or Jeremy Tapp, Office of Nuclear Material Safety 
and Safeguards, telephone: 301-415-8047; email: <a href="/cdn-cgi/l/email-protection#a8e2cddacdc5d186fcc9d8d8e8c6dacb86cfc7de"><span class="__cf_email__" data-cfemail="4b012e392e2632651f2a3b3b0b253928652c243d">[email protected]</span></a>, or 
Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 
301-

[[Page 67066]]

415-2493; email: <a href="/cdn-cgi/l/email-protection#d991b8ababb0bcadf792b8abb8beb0b8b7b7b0aa99b7abbaf7beb6af"><span class="__cf_email__" data-cfemail="9ed6ffececf7fbeab0d5ffecfff9f7fff0f0f7eddef0ecfdb0f9f1e8">[email protected]</span></a>. 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


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