This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

8329 

Vol. 89, No. 26 

Wednesday, February 7, 2024 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

[NRC–2023–0089] 

Regulatory Guide: Guidelines for 

Lightning Protection for Production 

and Utilization Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 1 

to Regulatory Guide (RG), 1.204, 

‘‘Guidelines for Lightning Protection for 

Production and Utilization Facilities.’’ 

This regulatory guide (RG) revision 

endorses, with clarifications and 

exceptions, the methods described in 

four Institute of Electrical and 

Electronics Engineers (IEEE) Standards 

(Std.). This revision also addresses one 

National Fire Protection Association 

standard and one Underwriters 

Laboratory standard as useful secondary 

references for demonstrating 

compliance with the applicable NRC 

regulations for adequate lightning 

protection of safety-related systems, 

structures, and components. 

DATES: Revision 1 to RG 1.204 is 

available on February 7, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0089 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–2023–0089. 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. 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. 

Revision 1 to RG 1.204 and the 

regulatory analysis may be found in 

ADAMS under Accession Nos. 

ML23241A957 and ML22208A234, 

respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: Roy 

Hardin, telephone: (301) 415–2181; 

email: Roy.Hardin@nrc.gov and James 

Steckel, telephone: (301) 415–1026; 

email: James.Steckel@nrc.gov. Both are 

staff of the Office of Nuclear Regulatory 

Research at the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a revision 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 proposed Revision 1 to RG 1.204 

was issued with a temporary 

identification of draft Regulatory Guide, 

DG–1409. Revision 0 of RG 1.204 was 

issued in November 2005 to endorse 

IEEE Std. 665–1995; IEEE Std. 666– 

1991; IEEE Std. 1050–1996; and IEEE 

Std. C62.23–1995. The IEEE standards 

1050, 666 and C62.23 were revised in 

2004, 2007 and 2017, respectively. This 

revision updates the RG and endorses 

IEEE Std. 665–1995, IEEE Std. 1050– 

2004; IEEE Std. 666–2007; and IEEE Std. 

C62.23–2017, with certain clarifications. 

This revision also addresses one 

National Fire Protection Association 

standard and one Underwriters 

Laboratory standard as useful secondary 

references for demonstrating 

compliance with the applicable NRC 

regulations for adequate lightning 

protection of safety-related systems, 

structures, and components. 

II. Additional Information 

The NRC published a notice of the 

availability of DG–1409 in the Federal 

Register on May 3, 2023 (88 FR 27714) 

for a 30-day public comment period. 

The public comment period closed on 

June 2, 2023. Public comments on DG– 

1409 and the staff responses to the 

public comments are available under 

ADAMS under Accession No. 

ML23241A965. 

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 

The NRC staff may use this RG as a 

reference in its regulatory processes, 

such as licensing, inspection, or 

enforcement. However, the NRC staff 

does not intend to use the guidance in 

this RG to support NRC staff actions in 

a manner that would constitute 

backfitting as that term is defined in 

section 50.109 of title 10 of the Code of 

Federal Regulations (10 CFR), 

‘‘Backfitting,’’ and as described in NRC 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests,’’ nor does the NRC staff 


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8330 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Rules and Regulations 

1U.S. Dep’t of Justice, Report and 

Recommendations Concerning Access to Counsel at 

the Federal Bureau of Prisons’ Pretrial Facilities 

(July 20, 2023), available at https://www.justice.gov/ 

d9/2023-07/2023.07.20_atj_bop_access_to_counsel_

report.pdf. 

2 Id., at i. 

3 Id. at 26. 

4 44 FR 38254, 38263–64, available at https://

www.govinfo.gov/content/pkg/FR-1979-06-29/pdf/ 

FR-1979-06-29.pdf (p. 349 of the .pdf). 

intend to use the guidance to affect the 

issue finality of an approval under 10 

CFR part 52, ‘‘Licenses, Certifications, 

and Approvals for Nuclear Power 

Plants.’’ The staff also does not intend 

to use the guidance to support NRC staff 

actions in a manner that constitutes 

forward fitting as that term is defined 

and described in MD 8.4. If a licensee 

believes that the NRC is using this RG 

in a manner inconsistent with the 

discussion in the Implementation 

section of the RG, then the licensee may 

file a backfitting or forward fitting 

appeal with the NRC in accordance with 

the process in MD 8.4. 

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: February 1, 2024. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2024–02407 Filed 2–6–24; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 543 

[BOP–1175–I] 

RIN 1120–AB75 

Inmate Legal Activities: Visits by 

Attorneys 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Bureau of Prisons 

(Bureau) amends regulations in 28 CFR 

part 543, subpart B—Inmate Legal 

Activities to revise procedures 

governing attorney visits. 

DATES: 

Effective date: This rule is effective 

February 7, 2024. 

Comments: Written comments must 

be postmarked and electronic comments 

must be submitted on or before April 8, 

2024. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: If you wish to provide 

comment regarding this rulemaking, you 

must submit comments, identified by 

the agency name and reference Docket 

No. BOP 1175 or RIN 1120–AB75, by 

one of the two methods below. 

Federal eRulemaking Portal: https://

www.regulations.gov. Follow the 

website instructions for submitting 

comments. The electronic Federal 

Docket Management System at 

www.regulations.gov will accept 

electronic comments until 11:59 p.m. 

Eastern Time on the comment due date. 

Mail: Paper comments that duplicate 

an electronic submission are 

unnecessary. If you wish to submit a 

paper comment in lieu of electronic 

submission, please direct the mail/ 

shipment to: Rules Administrator, 

Legislative and Correctional Issues 

Branch, Office of General Counsel, 

Bureau of Prisons, 320 First Street NW, 

Washington, DC 20534. To ensure 

proper handling, please reference the 

agency name and Docket No. BOP 1175 

or RIN 1120–AB75 on your 

correspondence. Mailed items must be 

postmarked or otherwise indicate a 

shipping date on or before the 

submission deadline. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Crooks III, Assistant General 

Counsel/Rules Administrator, Federal 

Bureau of Prisons, at the address above 

or at (202) 353–4885. 

SUPPLEMENTARY INFORMATION: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at www.regulations.gov. If you 

want to submit personal identifying 

information (such as your name, 

address, etc.) as part of your comment, 

but do not want it to be posted online, 

you must include the phrase 

‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment 

contains so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted www.regulations.gov. 

Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

II. Background 

On July 20, 2023, the Deputy Attorney 

General issued a memorandum 

instructing the Bureau to implement the 

Report and Recommendations (Report) 

of the Advisory Group on Access to 

Counsel, which focused on access to 

counsel at Bureau pretrial facilities.1

The Report provides an overview of the 

Department of Justice’s (Department) 

approach to ensuring access to counsel 

in Bureau pretrial facilities and 

recommends specific measures to 

promote such access.2 Among the 30 

recommendations included is 

recommendation 2.1., which provides: 

Update BOP’s regulations related to 

scheduling legal visits to conform with 

current practice. BOP’s current regulations 

(28 CFR 543.13) state that all legal visits must 

be scheduled in advance. Although that 

provision may be reasonable for BOP 

facilities that do not have a pretrial mission, 

it is inconsistent with visitation policies and 

practices at 9 of BOP’s 10 pretrial facilities 

and with attorney preferences. BOP, in 

consultation with ATJ, should revise this 

regulation to allow for walk-in visits at all 

pretrial facilities.3

The current regulations governing 

attorney visits were promulgated on 

June 27, 1979,4 and have not been 

updated in 44 years. In the portion of 

the preamble addressing the addition of 

§ 543.13 those many years ago, the 

Bureau responded to some commenters 

and noted: 

Some objections were raised to the 

requirement in proposed § 540.46 that 

attorneys make advance appointments prior 

to visiting an inmate client, on the basis that 

attorneys, at least during regular visiting 


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