Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67065 

E. Executive Order 13132 

The rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, DHS has determined that 

this final rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

F. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

G. Paperwork Reduction Act 

The Department of Homeland 

Security is modifying the Office of 

Management and Budget (OMB) Control 

Number 1651–0111, Arrival and 

Departure Record, to allow eligible 

Israeli passport holders to use an ESTA 

to apply for authorization to travel 

under the VWP prior to departing for 

the United States. U.S. Customs and 

Border Protection (CBP) uses the 

information to assist in determining if 

an applicant is eligible for travel under 

the VWP. The Department is requesting 

emergency processing of this change to 

1651–0111 as the information is 

essential to the mission of the agency 

and is needed prior to the expiration of 

time periods established under the 

Paperwork Reduction Act of 1995 

(PRA). Because of the designation of 

Israel for participation in the VWP, the 

Department is requesting OMB approval 

of this information collection in 

accordance with the PRA (44 U.S.C. 

3507). 

The addition of Israel to the VWP will 

result in an estimated annual increase to 

information collection 1651–0111 of 

30,000 responses and 6,500 burden 

hours. The total burden hours for ESTA, 

including Israel, is as follows: 

Estimated annual reporting burden: 

3,256,500 hours. 

Estimated number of respondents: 

15,030,000 respondents. 

Estimated average annual burden per 

respondent: 13 minutes. 

List of Subjects in 8 CFR Part 217 

Air carriers, aliens, maritime carriers, 

passports and visas. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS amends part 217 of title 

8 of the Code of Federal Regulations (8 

CFR part 217), as set forth below. 

PART 217—VISA WAIVER PROGRAM 

■ 1. The general authority citation for 

part 217 continues to read as follows: 

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 

2. 

■ 2. In § 217.2(a), revise the definition of 

‘‘Designated country’’ to read as follows: 

§ 217.2 Eligibility. 

(a) * * * 

Designated country refers to Andorra, 

Australia, Austria, Belgium, Brunei, 

Chile, Croatia, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Israel, Italy, Japan, Latvia, 

Liechtenstein, Lithuania, Luxembourg, 

Malta, Monaco, the Netherlands, New 

Zealand, Norway, Poland, Portugal, 

Republic of Korea, San Marino, 

Singapore, Slovak Republic, Slovenia, 

Spain, Sweden, Switzerland, Taiwan, 

and the United Kingdom. The United 

Kingdom refers only to British citizens 

who have the unrestricted right of 

permanent abode in the United 

Kingdom (England, Scotland, Wales, 

Northern Ireland, the Channel Islands, 

and the Isle of Man); it does not refer to 

British overseas citizens, British 

dependent territories’ citizens, or 

citizens of British Commonwealth 

countries. Taiwan refers only to 

individuals who have unrestricted right 

of permanent abode on Taiwan and are 

in possession of an electronic passport 

bearing a personal identification 

(household registration) number. 

* * * * * 

Alejandro N. Mayorkas, 

Secretary. 

[FR Doc. 2023–21574 Filed 9–27–23; 8:45 am] 

BILLING CODE 9110–9M–P 

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. 

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: 

• 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: 

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, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. 

• 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. 

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: JohnChau.Nguyen@nrc.gov, or Jeremy Tapp, 

Office of Nuclear Material Safety and 

Safeguards, telephone: 301–415–8047; 

email: Jeremy.Tapp@nrc.gov, or Harriet 

Karagiannis, Office of Nuclear 

Regulatory Research, telephone: 301– 


lotter on DSK11XQN23PROD with RULES1
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) 


lotter on DSK11XQN23PROD with RULES1