[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33183-33184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08963]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 83 / Monday, April 29, 2024 / Rules 
and Regulations  

[[Page 33183]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 21, 50, and 52

[NRC-2023-0166]


Regulatory Guide: Dedication of Commercial-Grade Items for Use in 
Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guide; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG) 1.164, ``Dedication of Commercial-
Grade Items for Use in Nuclear Power Plants.'' This RG describes 
methods that the staff of the NRC considers acceptable in meeting 
regulatory requirements for the dedication of commercial grade items 
and services used in nuclear power plants.

DATES: Revision 1 to RG 1.164 is available on April 29, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0166 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-2023-0166. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. 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 [email protected]. 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 
[email protected] 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 1.164 and the regulatory analysis may be found in 
ADAMS under Accession Nos. ML24038A310 and ML23187A534, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Amir Mobasheran, Office of Nuclear 
Regulatory Research, telephone: 301-415-8112; email: 
[email protected] and Deanna Zhang, Office of Nuclear Reactor 
Regulation, telephone: 301-415-1946; email: [email protected]. Both 
are staff of 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 1.164 was issued with a temporary 
identification of Draft Regulatory Guide, (DG)-1415 (ADAMS Accession 
No. ML23187A531). This revision of the guide (Revision 1) updates the 
guidance to provide additional clarification on the NRC's definition of 
counterfeit, fraudulent, and suspect items. This revision also provides 
additional clarity on requirements applicable to the dedication of 
commercial-grade items. In addition, the staff made several editorial 
changes to conform to the current format and content of RGs.

II. Additional Information

    The NRC published notice of the availability of DG-1415 in the 
Federal Register on November 17, 2023 (88 FR 80195), for a 30-day 
public comment period. The public comment period closed on December 18, 
2023. Public comments on DG-1415 and the staff responses to the public 
comments are available under ADAMS Accession No. ML24059A003.
    As noted in the Federal Register on December 9, 2022 (87 FR75671), 
this document is being published in the ``Rules'' section of the 
Federal Register to comply with publication requirements under chapter 
I of title 1 of the Code of Federal Regulations (CFR).

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 RG 1.164, Revision 1, does not constitute 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''; does not affect 
issue finality of any approval issued under 10 CFR part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants''; and does not 
constitute forward fitting as that term is defined and described in MD 
8.4, because, as explained in RG 1.164, Revision 1, licensees would not 
be required to comply with the positions set forth in the RG.

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

[[Page 33184]]

considered in future updates and enhancements to the ``Regulatory 
Guide'' series.

    Dated: April 22, 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. 2024-08963 Filed 4-26-24; 8:45 am]
BILLING CODE 7590-01-P