This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

87960 

Vol. 88, No. 243 

Wednesday, December 20, 2023 

OFFICE OF MANAGEMENT AND 

BUDGET 

5 CFR Parts 1302 and 1303 

RIN 0348–AB87 

Privacy Act and Freedom of 

Information Act Regulations 

AGENCY: Office of Management and 

Budget, Executive Office of the 

President. 

ACTION: Proposed rule. 

SUMMARY: The Office of Management 

and Budget (OMB) seeks public 

comment on a proposed rule that would 

revise OMB’s regulations implementing 

the Privacy Act and the Freedom of 

Information Act (FOIA). These revisions 

would update OMB’s regulations to 

reflect changes in OMB’s current 

organizational structure and best 

practices. The proposed amendments 

would also ensure consistency between 

the access to records procedures in 

OMB’s Privacy Act regulations and 

OMB’s FOIA regulations; and with 

applicable law and policies that were 

enacted after OMB originally issued its 

Privacy Act regulations in 1976. The 

proposed revisions would also align 

OMB’s regulations with those of other 

agencies. 

DATES: Comments are due on or before 

January 19, 2024. 

ADDRESSES: You may send comments 

by: 

Federal eRulemaking Portal: https://

www.regulations.gov. 

Instructions: All submissions must 

contain the subject heading ‘‘OMB 

Privacy Act and FOIA Regulations.’’ 

FOR FURTHER INFORMATION CONTACT: For 

questions about these proposed 

regulations, please contact Timothy 

Ziese, 202–395–8693, OMBPA@

omb.eop.gov. You must include ‘‘OMB 

Privacy Act and FOIA Regulations’’ in 

the subject line. 

SUPPLEMENTARY INFORMATION: 

Background 

OMB proposes to revise its 

regulations at 5 CFR part 1302 

governing requests and responses under 

the Privacy Act of 1974, as amended, 5 

U.S.C. 552a (‘‘Privacy Act’’) and 

corresponding changes at 5 CFR part 

1303 governing requests and responses 

under the Freedom of Information Act, 

as amended, 5 U.S.C. 552 (‘‘FOIA’’). 

The Privacy Act establishes certain 

agency responsibilities and individual 

rights regarding the collection, use, 

maintenance, and disclosure of records 

about individuals. To carry out these 

responsibilities, the Privacy Act requires 

agencies to promulgate regulations that 

establish (1) procedures for notifying an 

individual if any system of records 

named by the individual contains a 

record pertaining to that individual; (2) 

procedures for making information 

pertaining to an individual available to 

that individual upon request, including 

with respect to timelines and other 

requirements; (3) procedures for 

reviewing and adjudicating a request 

from an individual concerning the 

amendment of any record or 

information pertaining to the 

individual, and generally ensuring that 

individuals can fully exercise their 

rights under the Privacy Act; and (4) 

fees to be charged, if any, to any 

individual for making copies of records 

pertaining to the individual, excluding 

the cost of any search for and review of 

the record. 5 U.S.C. 552a(f). 

OMB’s current Privacy Act 

regulations are codified at 5 CFR part 

1302. These regulations were 

promulgated in 1976. OMB proposes to 

update them for consistency with 

OMB’s current organizational structure 

and best practices. Amendments would 

also ensure consistency with (1) the 

access to records procedures in OMB’s 

FOIA regulations found at 5 CFR part 

1303; and (2) applicable law and 

policies that were enacted after 1976. 

The proposed revisions would also 

make OMB’s regulations more 

consistent with those of other agencies, 

including as recently proposed by the 

Department of Justice (DOJ). 

OMB also proposes conforming 

revisions to OMB’s FOIA regulations, 

most notably with regard to identity 

verification. In accordance with 5 U.S.C. 

552a(t), this proposal provides FOIA 

requesters the benefit of both the 

Privacy Act and FOIA disclosure 

requirements. Additionally, if a 

requested record is not part of a system 

of records, or if the FOIA requester is 

not an individual for purposes of the 

Privacy Act, a FOIA requester may be 

required to provide verification of 

identity in order to obtain greater access 

to records about themselves under the 

FOIA. The proposed revisions to the 

FOIA regulations therefore account for 

the limited circumstances when a FOIA 

requester may need to verify their 

identity in order to receive information 

that would otherwise be withheld under 

a FOIA exemption. OMB proposes 

additional revisions to OMB’s FOIA 

regulations to reflect organizational 

changes and clarify language. If a 

requester cannot satisfy the identity 

verification requirements of OMB’s 

proposed Privacy Act regulations, OMB 

will process the matter as a FOIA 

request. 

A shorter summary is available at 

www.regulations.gov/docket/OMB-2023- 

0022. 

Section-by-Section Analysis 

General revisions to 5 CFR part 1302: 

General revisions are proposed 

throughout part 1302 to update 

terminology used and to streamline 

language for clarity, such as by 

including titles for each section 

summarizing the relevance of each 

provision. The proposed regulation 

would also reorder the regulation’s text 

for consistency with those of other 

agencies, including DOJ’s proposed 

Privacy Act regulation (88 FR 1012). All 

references to communications that are 

written or in writing include 

communications in hardcopy and 

electronic mail. 

Section 1302.1—General provisions: 

This new section would include (1) the 

purpose and scope of the Privacy Act 

regulations; (2) definitions for ‘‘request 

for access,’’ ‘‘request for amendment or 

correction,’’ ‘‘request for an 

accounting,’’ ‘‘requester,’’ and ‘‘system 

manager’’; and (3) a clarification that 

OMB may disclose any record covered 

by the Privacy Act pursuant to a written 

request or consent of the individual 

about whom the record pertains. 

Section 1302.2—Requirements for 

making requests for access: This 

proposed section, which would include 

material that is currently codified in 5 

CFR 1302.1 (‘‘Rules for determining if 

an individual is the subject of a record’’) 

and 1302.2 (‘‘Requests for access’’), is 


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modeled after DOJ’s proposed Privacy 

Act regulations. OMB proposes to 

replace its current regulations’ sections 

on ‘‘Rules for determining if an 

individual is the subject of a record’’ 

and ‘‘Requests for access’’ with sections 

for ‘‘Requirements for making requests 

for access’’ and ‘‘Responsibility for 

responding to requests.’’ OMB believes 

that this revised categorization better 

delineates what requesters must do and 

what OMB must do. 

Proposed paragraph (d) would 

describe the method of providing 

identity verification and proofing. OMB 

believes this paragraph is necessary to 

ensure appropriate methods are 

available to individuals when verifying 

their identity under proposed 

paragraphs (e) and (f). As such, OMB 

intends to provide a number of methods 

pursuant to which individuals may 

submit verification information in a 

manner that safeguards their personal 

information. Failure to use the approved 

methods may result in failure to 

expunge information consistent with 

approved records schedules. 

Proposed paragraph (e), which would 

include provisions currently codified in 

5 CFR 1302.2(b)(2)(vi)(A) through (G), 

includes updates to reflect the specific 

processes that a requester must perform 

to verify their identity. 

Proposed paragraph (f), which would 

include provisions currently codified in 

5 CFR 1302.2(b)(2)(vi)(E) (‘‘Access by 

the parent of a minor or legal 

guardian’’), describes the additional 

processes required for a legal guardian 

to request information on behalf of a 

minor or an individual determined by a 

court of competent jurisdiction to be 

incompetent. 

Proposed paragraphs (d), (e), and (f) 

includes updates to accept remote 

identity-proofing and authentication 

when an individual makes a request 

under the Privacy Act. 

Section 1302.3—Responsibility for 

responding to requests: This proposed 

section, which would include 

provisions currently codified in 5 CFR 

1302.2(b)(2) (‘‘OMB action on request’’), 

includes revisions to reflect the current 

statutory requirements of 5 U.S.C. 552a. 

Proposed paragraphs (a) and (b) 

describe how OMB would acknowledge 

a request, including any requests by 

OMB for additional information 

necessary to process a request. 

Proposed paragraphs (c) and (d) 

would specify what information OMB 

will provide in response to a written 

request. 

Section 1302.4—Requests for an 

Accounting: This proposed section, 

which would include provisions 

currently codified in 5 CFR 1302.3 

(‘‘Access to the accounting of 

disclosures from records’’), includes a 

few editorial changes but otherwise 

remains substantively the same as the 

current regulation. 

Section 1302.5—Requests for an 

Amendment or Correction: This 

proposed section, which would include 

provisions currently codified in 5 CFR 

1302.4 (‘‘Request to amend records’’), 

adds paragraph (b)(2), which provides 

requesters an alternative address to 

which to send their Privacy Act request 

for amendment to a record. The 

requirements for notification and 

timelines in proposed paragraph (c), 

which would include provisions 

currently located in paragraph (b)(2) 

(‘‘OMB action on the request’’), are 

revised to reflect the current statutory 

requirements of 5 U.S.C. 552a. 

Section 1302.6—Appeals: This 

proposed section, which would include 

provisions currently codified in 5 CFR 

1302.5 (‘‘Request for review’’), includes 

a number of updates. For example, 

requests for review should be addressed 

to the Senior Agency Official for 

Privacy, who is responsible for 

reviewing requests, consistent with E.O. 

13719, OMB Circular No. A–130, and 

OMB’s current practices. The 

requirements for notification and 

timelines in proposed paragraph (d), 

which would include provisions 

currently codified in 5 CFR 1302.5(g), 

are revised to reflect the current 

statutory requirements of 5 U.S.C. 552a. 

Section 1302.7—Fees: This proposed 

section, which would include 

provisions currently codified in 5 CFR 

1302.6 (‘‘Schedule of Fees’’), includes a 

few editorial changes, but otherwise 

remains substantively the same as the 

existing regulation. 

General Revisions to 5 CFR part 1303: 

OMB is proposing limited revisions to 

its FOIA regulations to update the 

requirements for the verification of 

identity, provide further clarity, and 

reflect OMB’s current organizational 

structure. The revisions to the identity 

verification requirements, while 

minimal, are significant in that they 

describe OMB’s practice of providing 

requesters the benefit of both the 

Privacy Act and the FOIA. Should a 

requester fail to provide adequate 

verification of identity under the 

Privacy Act, the request will normally 

be treated as a FOIA request and subject 

to the procedures in OMB’s FOIA 

regulations at 5 CFR part 1303. 

Nevertheless, under some 

circumstances, for instance if the 

requester is not an individual for 

purposes of the Privacy Act or if the 

record is not maintained in a system of 

records, a FOIA requester may provide 

verification of identity in order to obtain 

greater access to records that would 

otherwise be exempt under FOIA. 

Section 1303.3—Organization: 

Proposed paragraph (a)(5) deletes 

‘‘Intellectual Property Enforcement 

Coordinator’’ because this office is no 

longer housed within OMB, and is now 

a separate office within the Executive 

Office of the President. This proposed 

paragraph also inserts the ‘‘Made in 

America Office’’ as a statutory office in 

OMB. 

Section 1303.20—Where to send 

requests: Among other things, this 

proposed section adds ‘‘or the 

Government-wide FOIA.Gov portal’’ to 

account for the ability of members of the 

public to submit FOIA requests through 

the consolidated online request portal 

described in 5 U.S.C. 552(m), currently 

available at https://www.foia.gov. 

Section 1303.21: This proposed 

revision would clarify that OMB retains 

discretion to request additional 

information relating to a FOIA request, 

including verification of identity. When 

OMB does so it will follow the identity 

verification processes as proposed in the 

Privacy Act regulations. 

Section 1303.30—Responsibility for 

responding to requests: Proposed 

paragraph (c)(2)(i), concerning 

situations when OMB refers records 

responsive to FOIA requests to other 

agencies, clarifies that OMB will notify 

the requester, and will inform them of 

the agency that will be processing the 

record, so that requesters will be 

informed when a referral is made, not 

just upon the final determination 

concerning the record. In paragraph 

(c)(2)(ii), OMB is proposing to revise the 

opening language to clarify that the 

coordination process is undertaken with 

regard to particular records, and not to 

the request as a whole, and proposing to 

provide additional language to illustrate 

circumstances under which the 

coordination process would be 

appropriate. 

Section 1303.40—Timing of responses 

to requests: Minimal proposed revisions 

are for clarity. 

Section 1303.50—Responses to 

requests: Among other revisions, 

proposed revisions to paragraph (c) 

would clarify types of adverse 

determinations, and proposed paragraph 

(c)(4) adds ‘‘under which the 

withholding is being made’’ to clarify 

which exemption the regulation refers 

to. 

Section 1303.60—Notification 

procedures for confidential commercial 

information: Proposed paragraph (e)(2) 

adds ‘‘privileged or’’ for clarity and 

consistency with the statutory standard 


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for withholding under FOIA Exemption 

4, 5 U.S.C. 552(b)(4). 

Section 1303.70—Appeals: Minimal 

proposed revisions are for clarity. 

Section 1303.91—Fees to be 

charged—general: Among other 

revisions, this proposed section replaces 

‘‘(see definition in § 1303.30(b))’’ with 

‘‘(see 5 U.S.C. 552(a)(4)(A)(vi))’’ because 

the former is an unrelated provision, 

and the latter forms the statutory basis 

of this language. 

Section 1303.92—Fees to be 

charged—categories of requesters: 

Proposed paragraphs (a) through (d) 

replace ‘‘reproduction’’ with 

‘‘duplication’’ to better match the 

relevant statutory language. Proposed 

paragraph (d) also replaces 

‘‘reproducing’’ with ‘‘producing’’ for 

clarity, and replaces ‘‘reproduction’’ 

with ‘‘producing copies of records’’ for 

clarity. 

Section 1303.93—Miscellaneous fee 

provisions: Among other revisions, 

proposed paragraph (d)(1) replaces 

‘‘payments’’ with ‘‘a payment’’ to clarify 

that a requester’s single failure to pay 

fees in a timely fashion may result in 

OMB requiring advance payment of 

subsequent fees. 

Regulatory Certifications 

Regulatory Flexibility Act 

The Director of OMB, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

proposed rule and certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. Under the 

Privacy Act, agencies may recover only 

the direct costs of searching for, 

reviewing, and duplicating the records 

processed for requesters, and only for 

certain classes of requesters and when 

particular conditions are satisfied. Thus, 

fees assessed by OMB are nominal. 

Executive Orders 12866, 13563, and 

14094 

E.O.s 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action under section 3(f) of 

E.O. 12866, as amended by E.O. 14094, 

and, therefore was not subject to review 

under section 6(b) of E.O. 12866. 

Unfunded Mandates Reform Act of 1995 

This proposed rule will not result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Comments Requested 

Interested persons are invited to 

provide written comments concerning 

the proposed rule. In particular, 

comments are requested regarding 

OMB’s proposal to require verification 

of identity through approved OMB 

processes that will be described on 

OMB’s upcoming privacy program web 

page. These regulations do not specify 

the various methods of submitting 

identity verification information 

because OMB contemplates those 

methods will change based on evolving 

market tools and the capability of the 

Government to verify identity. Other 

methods, such as mail and stand-alone 

facsimile submissions, will continue to 

be available. OMB currently 

contemplates mail, stand-alone 

facsimile, password protected 

submissions to a designated email 

account, digital verification for current 

federal employees, and in-person 

verification for current OMB employees. 

Comments are requested on each of 

these methods and whether OMB 

should consider other methods of 

remote identity verification for all 

requesters. 

Comments are due no later than 30 

days after the date of publication of this 

document in the Federal Register. All 

comments and suggestions received will 

be available for review on 

Regulations.gov. 

Privacy Act Statement: OMB proposes 

this rule pursuant to the Privacy Act of 

1974, as amended, 5 U.S.C. 552a 

(‘‘Privacy Act’’) and the Freedom of 

Information Act, as amended, 5 U.S.C. 

552 (‘‘FOIA’’). Submission of comments 

is voluntary. The information will be 

used to inform sound decision-making. 

Please note that all comments received 

in response to this document may be 

posted or released in their entirety, 

including any personal and business 

confidential information provided. Do 

not include any information you would 

not like to be made publicly available. 

Additionally, the OMB System of 

Records Notice, OMB Public Input 

System of Records, OMB/INPUT/01, 88 

FR 20913 (available at 

www.federalregister.gov/documents/ 

2023/04/07/2023-07452/privacy-act-of1974-system-of-records), includes a list 

of routine uses associated with the 

collection of this information. 

List of Subjects in 5 CFR Parts 1302 and 

1303 

Administrative practices and 

procedures, Archives and records, 

Freedom of information, Privacy. 

For the reasons stated in the 

preamble, OMB proposes to amend 5 

CFR parts 1302 and 1303 as follows: 

■ 1. Revise part 1302 to read as follows: 

PART 1302—PRIVACY ACT 

PROCEDURES 

Sec. 

1302.1 General provisions. 

1302.2 Requirements for making requests 

for access. 

1302.3 Responsibility for responding to 

requests. 

1302.4 Requests for an accounting. 

1302.5 Requests for an amendment or 

correction. 

1302.6 Appeals. 

1302.7 Fees. 

Authority: 5 U.S.C. 552a. 

§ 1302.1 General provisions. 

(a) Purpose and scope. This part 

implements the rules that the Office of 

Management and Budget (OMB) follows 

under the Privacy Act of 1974, codified 

as amended at 5 U.S.C. 552a (Privacy 

Act). This part applies to all records in 

systems of records maintained by OMB 

that are retrieved by an individual’s 

name or personal identifier. This part 

describes the procedures by which 

individuals may request access to 

records about themselves, request 

amendment or correction of those 

records, and request an accounting of 

disclosures of those records by OMB. 

(b) Definitions. As used in this part: 

Request for access to a record means 

a request made under 5 U.S.C. 

552a(d)(1). 

Request for amendment or correction 

of a record means a request made under 

5 U.S.C. 552a(d)(2). 

Request for an accounting means a 

request made under 5 U.S.C. 552a(c)(3). 

Requester means an individual who 

makes a request for access, a request for 

amendment or correction, or a request 

for an accounting under the Privacy Act. 

The Privacy Act defines an ‘‘individual’’ 

as a citizen of the United States or an 

alien lawfully admitted for permanent 

residence. 

System manager means the OMB 

official identified in a system of records 

notice as the manager of a system of 

records; and for Government-wide 

systems of records, the individual 


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designated by the agency to act on 

behalf of the system manager. 

(c) Providing written consent to 

disclose records protected under the 

Privacy Act. OMB may disclose any 

record contained in a system of records 

by any means of communication to any 

person, or to another agency, pursuant 

to a written request by, or with the prior 

written consent of, the individual about 

whom the record pertains. An 

individual must verify the individual’s 

identity in the same manner as required 

by § 1302.2(d) when providing written 

consent to disclose a record protected 

under the Privacy Act and pertaining to 

the individual. 

§ 1302.2 Requirements for making 

requests for access. 

(a) How made and addressed. You 

may make a Privacy Act request for 

access to an OMB record by submitting 

a request in writing to Privacy Officer, 

Office of Management and Budget, 725 

17th Street NW, Room 9204, 

Washington, DC 20503 or by email at 

OMBPA@omb.eop.gov or by any other 

means described on OMB’s privacy web 

page. 

(b) Description of the records sought. 

In making a request for access, you must 

describe the records that you want in 

enough detail to enable OMB to locate 

the system of records containing them 

with a reasonable amount of effort. Your 

access request should name the system 

of records or contain a concise 

description of such system of records. 

OMB publishes notices of OMB systems 

of records subject to the Privacy Act in 

the Federal Register. 

(c) Information about yourself. Your 

access request should also contain 

sufficient information to identify 

yourself in order to allow OMB to 

determine if there is a record pertaining 

to you in a particular system of records. 

(d) Verification of identity. To ensure 

that information about you is disclosed 

only to you or your authorized 

representative, you are required to 

verify your identity when making a 

Privacy Act request for access, as 

detailed in paragraphs (d)(1) through (3) 

of this section. If OMB cannot verify 

your identity, disclosure will be limited 

to information that would be required to 

be made available if requested under 5 

U.S.C. 552 by any person. 

(1) You must state your name, current 

address, and date and place of birth and 

provide either a notarized statement of 

identity or a signed submission under 

28 U.S.C. 1746; or 

(2) When available, verify your 

identity through remote identityproofing and authentication using 

digital processes. 

(3) OMB may require you to supply 

additional information as necessary in 

order to verify your identity. 

(e) Verification of guardianship. 

When making a request for access as the 

parent or guardian of a minor or as the 

guardian of someone determined by a 

court of competent jurisdiction to be 

incompetent, for access to records about 

that individual, you must establish the 

criteria listed in paragraphs (e)(1) 

through (4) of this section. If OMB 

cannot verify your identity, disclosure 

will be limited to information that 

would be required to be made available 

if requested under 5 U.S.C. 552 by any 

person. 

(1) The identity of the individual who 

is the subject of the record, by stating 

the name, current address, and date and 

place of birth; 

(2) Your own identity, as required in 

this paragraph (e); 

(3) That you are the parent or 

guardian of that individual, which you 

may prove by providing a copy of the 

individual’s birth certificate showing 

your parentage or by providing a court 

order establishing your guardianship; 

and 

(4) That you are acting on behalf of 

that individual in making the request. 

(f) Submit identifying information 

only using approved OMB processes. In 

order to safeguard information you 

submit in making a request for access 

for purposes of verifying your identity 

or verifying guardianship, or any 

information about yourself that may 

assist in the rapid identification of the 

record to which you are requesting 

access (e.g., prior names, dates of 

employment, etc.) as well as any other 

identifying information contained in an 

OMB system of records, you must use 

one of OMB’s approved processes as 

described on OMB’s Privacy web page. 

Failure to submit identifying 

information through an OMB approved 

process may result in the failure to 

expunge your information in accordance 

with approved OMB records schedules 

after your access request has been 

processed. 

(g) Subsequent requests for access. If 

your request for access follows a prior 

request under this section, and you 

already provided appropriate 

verifications with that prior request, you 

do not need to include the same 

verification or identifying information 

in the subsequent request for access if 

you reference that prior request or 

attach a copy of the OMB response to 

that request. 

§ 1302.3 Responsibility for responding to 

requests. 

(a) Acknowledgment of requests. OMB 

will acknowledge your request for 

access in writing and provide an 

individualized tracking number. Upon 

request, OMB will make information 

available to you about the status of your 

request using the assigned tracking 

number. 

(b) Timing of responses to a Privacy 

Act request for access. OMB will 

respond to Privacy Act requests for 

access to records according to the order 

in which OMB receives the requests. 

Consistent with OMB’s FOIA 

procedures at 5 CFR 1303.40(b), OMB 

may designate multiple processing 

tracks that distinguish between simple 

and more complex Privacy Act requests 

for access, based on the estimated 

amount of work or time needed to 

process the request. 

(c) Additional information. If, after 

receiving a request, OMB determines 

that your request does not reasonably 

describe the records sought, OMB will 

inform you what additional information 

is needed and why the request is 

otherwise insufficient. If a request does 

not reasonably describe the records 

sought, OMB’s response to the request 

may be delayed. 

(d) Grant of request for access. Once 

OMB makes a determination to grant a 

request for access, OMB will provide 

you a written response, which may 

include the following: 

(1) A statement as to whether OMB 

will grant access by providing a copy of 

the record through electronic means or 

the mail; and 

(2) The amount of fees charged, if any 

(see § 1302.7). (Fees are applicable only 

to requests for duplicates.) 

(e) Adverse determination of request 

for access. OMB will notify you of an 

adverse determination denying a request 

for access in writing. Adverse 

determinations, or denials of requests, 

consist of: A determination to withhold 

any requested record in whole or in 

part; a determination that a requested 

record does not exist or cannot be 

located; a determination that what has 

been requested is not a record subject to 

the Privacy Act; a determination on any 

disputed fee matter; or a denial of a 

request for expedited treatment. OMB’s 

notification letter to you will include: 

(1) The decision of OMB whether to 

grant in whole, or deny any part of the 

request; 

(2) The reasons for the determination 

for any portion of the request that is 

denied; and 

(3) A description of the procedure by 

which the OMB decision to deny your 

request may be appealed, including the 


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name and address of the official with 

whom you may lodge such an appeal. 

§ 1302.4 Requests for an accounting. 

You may request an accounting of 

disclosures by the same rules governing 

requests for access, outlined in § 1302.2. 

§ 1302.5 Requests for an amendment or 

correction. 

(a) Requirement for written requests. If 

you want to amend a record that 

pertains to you in a system of records 

maintained by OMB, you must submit 

your request in writing following the 

procedures established in this section 

unless the system manager waives the 

requirements in this section. OMB is not 

required to amend records that are not 

subject to the Privacy Act of 1974. 

However, individuals who believe that 

such records are inaccurate may bring 

this to the attention of OMB. 

(b) Procedures. (1) You should 

address your request to amend a record 

in a system of records to the system 

manager. You should include the name 

of the system and a brief description of 

the record proposed for amendment. If 

the request to amend the record is the 

result of you gaining access to the 

record in accordance with the 

provisions concerning access to records 

as set forth in § 1302.2, you may attach 

a copy of previous correspondence 

between you and OMB instead of 

providing a separate description of the 

record. 

(2) If a requester cannot determine 

where within OMB to send the Privacy 

Act request to amend a record, the 

requester may send it to Privacy Officer, 

Office of Management and Budget, 725 

17th Street NW, Room 9204, 

Washington, DC 20503 or by email at 

OMBPA@omb.eop.gov. OMB will 

forward the request to the component(s) 

it believes most likely to have the 

relevant records. For the quickest 

possible handling, the requester should 

specify on either the letter and 

envelope, or in the email subject line, as 

applicable, ‘‘Privacy Act Record 

Amendment Request.’’ 

(3) You must validate your identity as 

described in § 1302.2(e). If OMB has 

previously verified your identity 

pursuant to § 1302.2(e), further 

verification of identity is not required as 

long as the communication does not 

suggest that a need for verification is 

present. 

(4) You should clearly indicate the 

exact portion of the record you seek to 

have amended. If possible, you should 

also propose alternative language, or at 

a minimum, identify the facts that you 

believe are not accurate, relevant, 

timely, or complete, with such 

particularity as to permit OMB not only 

to understand the basis for your request, 

but also to make an appropriate 

amendment to the record. 

(5) Your request must also state why 

you believe your record is not accurate, 

relevant, timely, or complete. The 

burden of persuading OMB to amend a 

record will be upon you. You must 

furnish sufficient facts to persuade the 

official in charge of the system of the 

inaccuracy, irrelevancy, timeliness, or 

incompleteness of the record. 

(6) OMB will not categorically reject 

incomplete or inaccurate requests. OMB 

will ask you to clarify the request as 

needed. 

(c) OMB action on the request. (1) 

OMB will acknowledge, in writing, 

receipt of a request to amend a record 

within 10 business days (i.e., excluding 

Saturdays, Sundays, and legal Federal 

holidays) of OMB’s receipt. 

(2) OMB will promptly respond to a 

Privacy Act request for amendment or 

correction. OMB ordinarily will respond 

to Privacy Act requests for amendment 

or correction according to their order of 

receipt. Consistent with OMB’s FOIA 

procedures at 5 CFR 1303.40(b), OMB 

may designate multiple processing 

tracks that distinguish between simple 

and more complex Privacy Act requests 

for amendment or correction, based on 

the estimated amount of work or time 

needed to process the request. The 

response reflecting the decision upon a 

request for amendment will include the 

following: 

(i) The decision of OMB whether to 

grant in whole, or deny any part of, the 

request to amend the record; 

(ii) The reasons for the determination 

for any portion of the request which is 

denied; and 

(iii) A description of the procedure by 

which the OMB decision to deny your 

request may be appealed, including the 

name and address of the official with 

whom you may lodge such an appeal. 

§ 1302.6 Appeals. 

(a) If you wish to appeal a decision by 

OMB with regard to your request to 

access or amend a record in accordance 

with the provisions of §§ 1302.2 and 

1302.5, you should submit the appeal in 

writing and, to the extent possible, 

include the information specified in 

paragraph (b) of this section. 

(b) Your appeal should contain a brief 

description of the record involved or 

copies of the correspondence from OMB 

in which the request to access or to 

amend was denied and also the reasons 

why you believe that access should be 

granted or the information amended, as 

relevant. Your appeal should refer to the 

information you furnished in support of 

your claim and the reasons set forth by 

OMB in its decision denying access or 

amendment, as required by §§ 1302.2 

and 1302.5. In order to make the appeal 

process as meaningful as possible, you 

should set forth your disagreement in an 

understandable manner. In order to 

avoid the unnecessary retention of 

personal information, OMB reserves the 

right to dispose of the material 

concerning the request to access or 

amend a record if OMB receives no 

appeal in accordance with this section 

within 180 days of the sending by OMB 

of its decision upon an initial request. 

OMB may treat an appeal received after 

the 180-day period as an initial request 

to access or amend a record. 

(c) You should address your appeal to 

the Senior Agency Official for Privacy. 

(d) The Senior Agency Official for 

Privacy will review a refusal to amend 

a record within 30 business days 

(excluding Saturdays, Sundays, and 

legal Federal holidays) from the date on 

which the individual requests such 

review, unless the OMB Director 

extends the 30-day period for good 

cause. If the Senior Agency Official for 

Privacy’s decision does not grant in full 

the request, the notice of the decision 

will describe the steps you may take to 

obtain judicial review of such a 

decision. 

§ 1302.7 Fees. 

(a) Prohibitions against charging fees 

for Privacy Act requests. OMB will not 

charge you for: 

(1) The search and review of requests 

for records subject to this part; 

(2) Any copies of the record produced 

as a necessary part of the process of 

making the record available for access; 

or 

(3) Any copies of the requested record 

when OMB determines that the only 

way you can access the record is by 

providing a copy to you through the 

mail. 

(b) Waiver. OMB may at no charge 

provide copies of a record if it is 

determined the production of the copies 

is in the interest of the Government. 

(c) Fee schedule and method of 

payment. OMB will charge fees as 

provided in paragraphs (c)(1) through 

(5) of this section except as provided in 

paragraphs (a) and (b) of this section. 

(1) OMB will duplicate records at a 

rate of $.10 per page for all copying of 

4 pages or more. There is no charge for 

duplication 3 or fewer pages. 

(2) Where OMB anticipates that the 

fees chargeable under this section will 

amount to more than $25.00, OMB shall 

promptly notify you of the amount of 

the anticipated fee or such portion 

thereof as can readily be estimated. If 


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the estimated fees will greatly exceed 

$25.00, OMB may require an advance 

deposit. OMB’s request for an advance 

deposit shall extend an offer to the 

requester to consult with OMB 

personnel in order to reformulate the 

request in a manner which will reduce 

the fees, yet still meet the needs of the 

requester. 

(3) You should pay fees in full before 

the requested copies are issued. If the 

requester is in arrears for previous 

requests, OMB will not provide copies 

for any subsequent request until the 

arrears have been paid in full. 

(4) Remittances shall be in the form 

either of a personal check or bank draft 

drawn on a bank in the United States, 

or a postal money order. Remittances 

shall be made payable to the order of the 

Treasury of the United States and 

mailed or delivered to the Assistant 

Director for Management and 

Operations, Office of Management and 

Budget, Washington, DC 20503. 

(5) OMB will provide a receipt for fees 

paid upon request. 

PART 1303—PUBLIC INFORMATION 

PROVISIONS OF THE 

ADMINISTRATIVE PROCEDURES ACT 

■ 2. The authority citation for part 1303 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 5 U.S.C. 552, 

unless otherwise noted. 

■ 3. Amend § 1303.3 by revising 

paragraph (a)(5) to read as follows: 

§ 1303.3 Organization. 

(a) * * * 

(5) Statutory offices include the Office 

of Federal Financial Management; 

Office of Federal Procurement Policy; 

Office of E-government and Information 

Technology; Made in America Office; 

and Office of Information and 

Regulatory Affairs. 

* * * * * 

■ 4. Revise § 1303.20 to read as follows: 

§ 1303.20 Where to send requests. 

The FOIA Officer is responsible for 

acting on all initial requests. Individuals 

wishing to file a request under the FOIA 

should address their request in writing 

to FOIA Officer, Office of Management 

and Budget, 725 17th Street NW, Room 

9272, Washington, DC 20503, via fax to 

(202) 395–3504, by email at OMBFOIA@

omb.eop.gov, or the Government-wide 

FOIA.Gov portal. Requesters must 

provide contact information sufficient to 

enable OMB to communicate with the 

requester. Additionally, OMB’s FOIA 

Public Liaison is available to assist 

requesters who have questions and can 

be reached at (202) 395–FOIA or in 

writing at the address provided in this 

section. 

■ 5. Revise § 1303.21 to read as follows: 

§ 1303.21 Requesters making requests 

about themselves or on behalf of others. 

In order to obtain greater access to 

records, a requester who is making a 

request for records about the requester 

or on behalf of another individual must 

comply with the verification of identity 

requirements as determined by OMB 

pursuant to OMB’s requirements for 

making requests for access in 5 CFR part 

1302. OMB may require a requester to 

supply additional information as 

necessary in order to verify the identity 

of the requester or to verify that a 

particular individual has consented to 

disclosure. 

■ 6. Amend § 1303.30 by revising 

paragraphs (c)(2)(i) and (ii) to read as 

follows: 

§ 1303.30 Responsibility for responding to 

requests. 

* * * * * 

(c) * * * 

(2) * * * 

(i) When OMB believes that a 

different agency is best able to 

determine whether to disclose the 

record, OMB will refer the 

responsibility for responding to the 

request regarding that record to that 

agency, will notify the requester, and 

will inform them of the agency which 

will be processing the record, including 

that agency’s FOIA contact information. 

Ordinarily, the agency that originated 

the record is best situated to make the 

disclosure determination. However, if 

OMB and the originating agency jointly 

agree that OMB is in the best position 

to respond regarding the record, then 

OMB may respond to the requester. 

(ii) When OMB believes that a 

different agency is best able to 

determine whether to disclose the 

record, but also believes that disclosure 

of the identity of the different agency 

could harm an interest protected by an 

applicable FOIA exemption, such as the 

exemptions that protect personal 

privacy or national security interests, 

OMB will coordinate with the 

originating agency to seek its views on 

the disclosability of the record and 

convey the release determination for the 

record that is the subject of the 

coordination to the requester. For 

example, if a non-law enforcement 

agency responding to a request for 

records on a living third party locates 

within its files records originating with 

a law enforcement agency, and if the 

existence of that law enforcement 

interest in the third party was not 

publicly known, then to disclose that 

law enforcement interest could cause an 

unwarranted invasion of the personal 

privacy of the third party. Similarly, if 

an agency locates within its files 

material originating with an Intelligence 

Community agency, and the 

involvement of that agency in the matter 

is classified and not publicly 

acknowledged, then to disclose or give 

attribution to the involvement of that 

Intelligence Community agency could 

cause national security harms. 

■ 7. Amend § 1303.40 by revising 

paragraphs (e)(1)(iv) and (e)(4) to read as 

follows: 

§ 1303.40 Timing of responses to 

requests. 

* * * * * 

(e) * * * 

(1) * * * 

(iv) There are possible questions, in a 

matter of widespread and exceptional 

public interest, about the Government’s 

integrity which affect public confidence. 

* * * * * 

(4) OMB will decide whether to grant 

a request for expedited processing and 

will notify the requester within 10 

calendar days after the date of the 

request. If a request for expedited 

treatment is granted, OMB will 

prioritize the underlying FOIA request, 

place the request in the processing track 

for expedited requests, and process the 

request as soon as practicable. If a 

request for expedited processing is 

denied, any appeal of that decision will 

be acted on expeditiously. 

■ 8. Amend § 1303.50 by revising 

paragraphs (a), (c) introductory text, and 

(c)(4) to read as follows: 

§ 1303.50 Responses to requests. 

(a) Acknowledgments of requests. 

OMB will assign an individualized 

tracking number to each request 

received that will take longer than ten 

days to process; and acknowledge each 

request, informing the requester of their 

tracking number if applicable; and, 

upon request, make available 

information about the status of a request 

to the requester using the assigned 

tracking number, including— 

(1) The date on which OMB originally 

received the request; and 

(2) An estimated date on which OMB 

will complete action on the request. 

* * * * * 

(c) Adverse determinations of 

requests. Adverse determinations, or 

denials of requests, include decisions 

that the requested record is exempt, in 

whole or in part; the request does not 

reasonably describe the records sought; 

the information requested is not a 

record subject to the FOIA; the 

requested record does not exist, cannot 


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be located, or has been destroyed; or the 

requested record is not readily 

reproducible in the form or format 

sought by the requester. Adverse 

determinations also include denials 

involving fees or fee waiver matters or 

denials of requests for expedited 

processing. In the case of an adverse 

determination, the FOIA Officer will 

immediately notify the requester of— 

* * * * * 

(4) OMB’s estimate of the volume of 

any requested records OMB is 

withholding, unless providing such 

estimate would harm an interest 

protected by the exemption in 5 U.S.C. 

552(b) under which the withholding is 

being made. 

■ 9. Amend § 1303.60 by revising 

paragraphs (a)(2) and (e)(2) to read as 

follows: 

§ 1303.60 Notification procedures for 

confidential commercial information. 

(a) * * * 

(2) Submitter means any person or 

entity, including a corporation, State, or 

foreign government, but not including 

another Federal Government entity, that 

provides confidential commercial 

information, either directly or 

indirectly, to the Federal Government. 

* * * * * 

(e) * * * 

(2) If a submitter has any objections to 

disclosure, it should provide OMB a 

detailed written statement that specifies 

all grounds for withholding the 

particular information under any 

exemption of the FOIA. In order to rely 

on Exemption 4 as basis for 

nondisclosure, the submitter must 

explain why the information constitutes 

a trade secret or commercial or financial 

information that is privileged or 

confidential. OMB is not required to 

consider any information received after 

the date of any disclosure decision. 

* * * * * 

■ 10. Amend § 1303.70 by revising 

paragraph (a) to read as follows: 

§ 1303.70 Appeals. 

(a) A requester must appeal to the 

head of OMB in writing within 90 

calendar days after the date of such 

adverse determination addressed to the 

FOIA Officer at the address specified in 

§ 1303.20. The appeal must include a 

statement explaining the basis for the 

appeal. Determinations of appeals will 

be set forth in writing and signed by the 

Deputy Director, or their designee, 

within 20 working days. If on appeal the 

denial is upheld in whole or in part, the 

written determination will also contain 

a notification of the provisions for 

judicial review, the names of the 

persons who participated in the 

determination, and notice of the 

services offered by OGIS as a nonexclusive alternative to litigation. 

* * * * * 

■ 11. Amend § 1303.91 by revising the 

introductory text and paragraph (i) to 

read as follows: 

§ 1303.91 Fees to be charged—general. 

OMB will charge fees that recoup the 

full allowable direct costs it incurs. 

Moreover, it will use the most efficient 

and least costly methods to comply with 

requests for documents made under the 

FOIA. For example, employees should 

not engage in line-by-line search when 

merely duplicating an entire document 

would prove the less expensive and 

quicker method of complying with a 

request. Search should be distinguished, 

moreover, from review of material in 

order to determine whether the material 

is exempt from disclosure. When 

documents that would be responsive to 

a request are maintained for distribution 

by agencies operating statutory-based 

fee schedule programs (see 5 U.S.C. 

552(a)(4)(A)(vi)), such as the National 

Technical Information Service, OMB 

will inform requesters of the steps 

necessary to obtain records from those 

sources. 

* * * * * 

(i) No Fees under $25. No fee will be 

charged when the total fee, after 

deducting the first 100 free pages (or its 

cost equivalent) and the first two hours 

of search, is equal to or less than $25. 

If OMB estimates that the charges are 

likely to exceed $25, it will notify the 

requester of the estimated amount of 

fees, unless the requester has indicated 

in advance their willingness to pay fees 

as high as those anticipated. Such a 

notice shall offer a requester the 

opportunity to confer with agency 

personnel to meet the requester’s needs 

at a lower cost. 

■ 12. Amend § 1303.92 by revising 

paragraphs (a) through (d) to read as 

follows: 

§ 1303.92 Fees to be charged—categories 

of requesters. 

* * * * * 

(a) Commercial use requesters. When 

OMB receives a request for documents 

for commercial use, it will assess 

charges that recover the full direct costs 

of searching for, reviewing for release, 

and duplicating the record sought. 

Commercial use requesters are not 

entitled to two hours of free search time 

nor 100 free pages of duplication of 

documents. OMB may recover the cost 

of searching for and reviewing records 

even if there is ultimately no disclosure 

of records (see § 1303.93(b)). 

(b) Educational and non-commercial 

scientific institution requesters. OMB 

will provide documents to requesters in 

this paragraph (b) for the cost of 

duplication alone, excluding charges for 

the first 100 pages. To be eligible for 

inclusion in this paragraph (b), a 

requester must meet the criteria in 

§ 1303.90(g) or (h). OMB may seek 

evidence from the requester that the 

request is in furtherance of scholarly 

research and will advise requesters of 

their placement in this paragraph (b). 

(c) Requesters who are representatives 

of the news media. OMB will provide 

documents to requesters in this 

paragraph (c) for the cost of duplication 

alone, excluding charges for the first 100 

pages. To be eligible for inclusion in 

this paragraph (c), a requester must meet 

the criteria in § 1303.90(i) and (j) and 

not make the request for commercial 

use. A request for records supporting 

the news dissemination function of the 

requester is not a commercial use for 

this paragraph (c). 

(d) All other requesters. OMB will 

charge requesters who do not fit into 

any of the categories in paragraphs (a) 

through (c) of this section fees that 

recover the full reasonable direct cost of 

searching for and producing records that 

are responsive to the request, except 

that the first 100 pages of duplication 

and the first two hours of search time 

will be furnished without charge. 

Moreover, requests for records about the 

requesters filed in OMB’s systems of 

records will continue to be treated 

under the fee provisions of the Privacy 

Act of 1974, which permit fees only for 

producing copies of records. 

■ 13. Amend § 1303.93 by revising 

paragraph (a), the first sentence of 

paragraph (c), and paragraph (d)(1) to 

read as follows: 

§ 1303.93 Miscellaneous fee provisions. 

(a) Charging interest—notice and rate. 

OMB may begin assessing interest 

charges on an unpaid bill starting on the 

31st day after OMB sends the bill. If 

OMB receives the fee within the thirtyday grace period, interest will not 

accrue on the paid portion of the bill, 

even if the payment is unprocessed. 

Interest will be at the rate prescribed in 

31 U.S.C. 3717 and will accrue from the 

date of the billing. 

* * * * * 

(c) * * * When OMB reasonably 

believes that a requester, or a group of 

requesters acting in concert, is 

attempting to divide a single request 

into a series of requests for the purpose 

of avoiding fees, OMB may aggregate 

those requests and charge fees 

accordingly. * * * 

(d) * * * 


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(1) OMB will not require a requester 

to make an advance payment, i.e., 

payment before work is commenced or 

continued on a request, unless OMB 

estimates or determines that allowable 

charges that a requester may be required 

to pay will exceed $250 or the requester 

has previously failed to make a payment 

due within 30 days of billing. 

* * * * * 

Shraddha A. Upadhyaya, 

Associate General Counsel, Office of 

Management and Budget. 

[FR Doc. 2023–27473 Filed 12–19–23; 8:45 am] 

BILLING CODE 3110–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

[NRC–2023–0216] 

Draft Regulatory Guide: Installation, 

Inspection, and Testing for Class 1E 

Power, Instrumentation, and Control 

Equipment at 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–1419, ‘‘Installation, Inspection, and 

Testing for Class 1E Power, 

Instrumentation, and Control 

Equipment at Production and 

Utilization Facilities.’’ This DG is 

proposed Revision 1 to Regulatory 

Guide (RG) 1.30, ‘‘Quality Assurance 

Requirements for the Installation, 

Inspection, and Testing of 

Instrumentation and Electric Equipment 

(Safety Guide 30).’’ DG–1419 describes 

an approach that is acceptable to the 

NRC staff to meet the regulatory 

requirements for installation, 

inspection, and testing for Class 1E 

power, instrumentation, and control 

equipment at production and utilization 

facilities. 

DATES: Submit comments by January 19, 

2024. 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–2023–0216. 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: 

Darrell Murdock, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–1591; email: Darrell.Murdock@

nrc.gov and Michael Eudy, Office of 

Nuclear Regulatory Research, telephone: 

301–415–3104; email: Michael.Eudy@

nrc.gov. Both are 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–2023– 

0216 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–2023–0216. 

• 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) 

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. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0216 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 ‘‘Installation, 

Inspection, and Testing for Class 1E 

Power, Instrumentation, and Control 

Equipment at Production and 

Utilization Facilities,’’ is temporarily 

identified by its task number, DG–1419 

(ADAMS Accession No. ML23222A182). 

This DG is proposed Revision 1 to RG 

1.30 (also known as Safety Guide 30) 

and describes an approach that is 

acceptable to the NRC staff to meet the 

regulatory requirements for installation, 

inspection, and testing for Class 1E 

power, instrumentation, and control 

equipment at production and utilization 

facilities. DG–1419 endorses, with a 

clarification, Institute of Electrical and 

Electronics Engineers (IEEE) Standard 

(Std) 336–2020, ‘‘IEEE Recommended 

Practice for Installation, Inspection, and 


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