[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
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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