[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 76989-76990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24621]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 /
Rules and Regulations
[[Page 76989]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 52
[NRC-2023-0187]
Regulatory Guide: Fire Protection for Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guide; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Revision 5 to Regulatory Guide (RG) 1.189, ``Fire Protection for
Nuclear Power Plants.'' It is being issued to correct typographic
errors that appeared in RG 1.189, Revision 4 of the same name. In
addition, Revision 5 contains edits to conform with the current
template for RGs and fixes to a few reference numbering errors. The
changes in Revision 5 are intended to improve clarity and do not
substantially alter the staff's regulatory guidance.
DATES: Revision 5 to RG 1.189 is available on November 8, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0187 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-2023-0187. 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 5 to RG 1.189 and the regulatory analysis may be found in
ADAMS under Accession Nos. ML23214A287 and ML23214A295, respectively.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Charles Moulton, Office of Nuclear
Reactor Regulation, telephone: 301-415-2751; email:
[email protected] and Michael Eudy, Office of Nuclear Regulatory
Research, telephone: 301-415-3104; 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 NRC typically seeks public comment on a draft version of a RG
by announcing its availability for comment in the Federal Register.
However, as explained in NRC's Management Directive (MD) 6.6
``Regulatory Guides,'' (ADAMS Accession No. ML22010A233) the NRC may
directly issue a final RG without a draft version or public comment
period if the changes to the RG are non-substantive. In addition, the
NRC considers Revision 5 of RG 1.189 as an Administratively Changed
Guide per MD 6.6.
II. Additional Information
The NRC issued Revision 4 of RG 1.189 on May 28, 2021 (86 FR
28916), to describe an approach that is acceptable to the NRC staff to
meet the regulatory requirements in the NRC's regulations governing a
civilian nuclear power generating plant's fire protection program.
Revision 5 to RG 1.189 is being issued to correct typographic errors
that previously appeared in Section 5.3.1.1, ``Protection for the Safe-
Shutdown Success Path,'' in RG 1.189, Revision 4. This section contains
two paragraphs that were incorrectly labeled. On page 79 of the RG, the
paragraph currently identified as ``c'' is incorrect, in that, that
paragraph is correctly part of item ``b.'' There is a conforming change
where the current ``d'' should be ``c.'' In addition, RG 1.189 contains
edits to conform with the current template for RGs and fixes to a few
reference numbering errors. The changes in Revision 5 are intended to
improve clarity and do not substantially alter the staff's regulatory
guidance.
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 RG 1.189, Revision 5, does not constitute backfitting
as defined in section 50.109 of title 10 of the Code of Federal
Regulations (10 CFR), ``Backfitting'' (Backfit Rule), and is not
otherwise inconsistent with the issue finality provisions in 10 CFR
part 52. The changes in Revision 5 of RG 1.189 are limited to editorial
changes to improve clarity and the correction of a title. These changes
do not fall within the kinds of agency actions that constitute
backfitting or are subject to limitations in the issue finality
[[Page 76990]]
provisions of part 52. Accordingly, the NRC did not address the Backfit
Rule or issue finality provisions of part 52.
V. Submitting Suggestions for Improvement of Regulatory Guides
A member of the public may, at any time, submit suggestions to the
NRC for improvement of existing RGs or for the development of new RGs.
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html.
Suggestions will be considered in future updates and enhancements to
the ``Regulatory Guide'' series.
Dated: November 2, 2023.
For the Nuclear Regulatory Commission.
Stephen M. Wyman,
Acting Chief, Regulatory Guide and Programs, Management Branch,
Division of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-24621 Filed 11-7-23; 8:45 am]
BILLING CODE 7590-01-P