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

76989 

Vol. 88, No. 215 

Wednesday, November 8, 2023 

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. 

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: 

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 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: Charles.Moulton@

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. 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 


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76990 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 

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/readingrm/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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 231010–0244] 

RIN 0694–AJ39 

Existing Validated End-User 

Authorizations in the People’s 

Republic of China: Samsung China 

Semiconductor Co. Ltd. and SK hynix 

Semiconductor (China)) Ltd; 

Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Correcting amendment. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published a rule in the 

Federal Register on October 17, 2023, 

that amended the Export Administration 

Regulations (EAR) to revise the existing 

Validated End-User (VEU) list for the 

People’s Republic of China (PRC) for 

Samsung China Semiconductor Co. Ltd. 

and SK hynix Semiconductor (China) 

Ltd. That rule inadvertently omitted two 

amendments to the list of VEUs, which 

resulted in failure to add a word to the 

description of eligible items for SK 

Hynix Semiconductor (China) Ltd.; as 

well as the failure to remove the entry 

for SK hynix Semiconductor (Wuxi), 

which was necessary because SK hynix 

Semiconductor (Wuxi) recently merged 

with SK hynix Semiconductor (China) 

Ltd. This rule corrects both omissions. 

DATES: This rule is effective November 

8, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Phone: 202–482–5991; Email: ERC@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau of Industry and Security (BIS) 

published in the Federal Register of 

October 17, 2023, in FR Doc. 2023– 

22873, starting on page 71478, 

amendments to the Export 

Administration Regulations (EAR) to 

revise the existing Validated End-User 

(VEU) list for the People’s Republic of 

China (PRC) for Samsung China 

Semiconductor Co. Ltd. and SK hynix 

Semiconductor (China)) Ltd. 

This rule corrects for two 

inadvertently omitted amendments to 

update the list of VEUs: the first 

correction adds a word to the 

description of eligible items for SK 

Hynix Semiconductor (China) Ltd.; and 

the second removes the entry for SK 

hynix Semiconductor (Wuxi) Ltd., 

which recently merged with SK hynix 

Semiconductor (China) Ltd., thereby 

making the entry for SK hynix 

Semiconductor (Wuxi) Ltd. duplicative. 

Correction 

BIS amends the EAR’s ‘‘Supplement 

No. 7 to Part 748—Authorization 

Validated End-User (VEU): List of 

Validated End-Users, Respective Items 

Eligible for Export, Reexport and 

Transfer (In-Country), and Eligible 

Destinations’’: 

• by adding the word ‘‘therefor,’’ after 

the word ‘‘technology’’ in the 

description in the ‘‘Eligible items (by 

ECCN)’’ column for ‘‘SK hynix 

Semiconductor (China) Ltd.’’; and 

• by removing the entry for ‘‘SK 

hynix Semiconductor (Wuxi) Ltd.’’ in 

‘‘China (People’s Republic of)’’. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 748 of the EAR (15 

CFR parts 730–774) is corrected by 

making the following correcting 

amendments: 

PART 748—[AMENDED] 

■ 1. The authority citation for part 748 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 4, 2022, 87 

FR 48077 (August 5, 2021). 

■ 2. Amend supplement no. 7 to part 

748 under ‘‘China (People’s Republic 

of)’’ by: 

■ a. Revising the entry for ‘‘SK hynix 

Semiconductor (China) Ltd’’; and 

■ b. Removing the entry for ‘‘SK hynix 

Semiconductor (Wuxi) Ltd’’. 

The revision reads as follows: 

SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS, 

RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS

Country Validated end-user Eligible items (by ECCN) Eligible destination Federal Register citation 

*******

China ........... * * * * * 

SK hynix Semiconductor (China) Ltd.All items subject to the Export Administration Regulations, except ‘‘extreme 

ultraviolet’’ (‘‘EUV’’) equipment and 

‘‘specially designed’’ ‘‘parts,’’ ‘‘components,’’ ‘‘software,’’ and ‘‘technology’’ 

therefor, necessary for the ‘‘development’’ or ‘‘production’’ of dynamic random-access memory (DRAM). Excluded from §§ 744.6(c)(2)(i)–(iii) and 

744.23(a)(1)(iii) and (a)(2)(iii) of the 

EAR. See § 748.15(d).

SK hynix Semiconductor 

(China) Ltd., Lot K7, Wuxi 

High-tech Zone, Comprehensive Bonded Zone, 

Wuxi New District, Jiangsu 

Province, China 214028.

78 FR 41291, 7/10/13. 78 FR 

69535, 11/20/13. 79 FR 

30713, 5/29/14. 80 FR 

11863, 3/5/15. 88 FR 

71478, 10/17/23. 


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