[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Notices]
[Pages 66089-66090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27462]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0245]


Access Authorization Program for Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
revision to Regulatory Guide 5.66, ``Access Authorization Program for 
Nuclear Power Plants.'' This guide describes a method that NRC staff 
considers acceptable to implement the requirements related to an access 
authorization program.

ADDRESSES: You can access publicly available documents related to this 
regulatory guide using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected]. 
The regulatory guide is available electronically under ADAMS Accession 
Number ML112060028. The regulatory analysis may be found in ADAMS under 
Accession Number ML112060032.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Richard Jervey, Regulatory Guide 
Development Branch, Division of Engineering, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-215-7404; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information such as methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the staff uses in evaluating 
specific problems or postulated accidents, and data 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 
regulatory guide by announcing its availability for comment in the 
Federal Register. However, the NRC may directly issue a final 
regulatory guide without a draft version or public comment period if 
the changes to the regulatory guide are non-substantive, including 
changes to the Regulatory Position section of the regulatory guide. 
Issuance of regulatory guides using this direct final process reduces 
processing time and review costs. A regulatory guide revised using this 
process is called an Administratively Changed Guide (ACG).
    Revision 2 of RG 5.66 is being issued directly as a final 
regulatory guide because the changes between Revision 2 and Revision 1 
are non-substantive. Regulatory Guide (RG) 5.66 was written to provide 
guidance to licensees for the access authorization programs required by 
Title 10 of the Code of Federal Regulations (10 CFR), section 73.56, 
``Personnel Access Authorization Requirements for Nuclear Power 
Plants,'' and 10 CFR part 26, ``Fitness for Duty Programs.'' The RG was

[[Page 66090]]

previously updated to include enhanced requirements that had been 
provided in orders to nuclear power plant license holders following the 
terrorist attacks of September 11, 2001. The access authorization 
program required by the rule consists of a background investigation 
with periodic reinvestigations, a psychological assessment with 
periodic reassessments for enumerated critical personnel, a behavior 
observation program that includes self-reporting requirements, and 
determinations of trustworthiness and reliability for contractors who 
support licensees in meeting these rule requirements. In 10 CFR 73.56, 
the NRC requires that each applicant for an operating license under the 
provisions of 10 CFR Part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' and each holder of a combined license under 
the provisions of 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' establish, maintain, and 
implement, in part, the requirements of 10 CFR 73.56 before fuel is 
allowed on site (in a protected area). These requirements have been 
established to provide high assurance that individuals granted 
unescorted access and those certified for unescorted access 
authorization are trustworthy and reliable and do not constitute an 
unreasonable risk to public health and safety or the common defense and 
security, including the potential to commit radiological sabotage.
    Access authorization programs are similar between nuclear power 
plants as there is a large transient workforce requiring access between 
different power plant sites. In a joint effort between the NRC and the 
Nuclear Energy Institute (NEI), a program was developed to provide 
consistency between plant sites. NEI 03-01, ``Nuclear Power Plant 
Access Authorization Program,'' Revision 3, was issued in May 2009 as a 
standard model for license holders. Revision 1 to RG 5.66 endorsed NEI 
03-01 as an acceptable approach to meet the requirements of 10 CFR 
73.56 and 10 CFR Part 26. However, NEI 03-01, as well as an attachment 
to Revision 1 of RG 5.66, contain security-related information in 
accordance with 10 CFR 2.390(d)(1), and therefore are not publicly 
available. Revision 2 of RG 5.66 is being issued to provide information 
to the public regarding the NRC's guidance for meeting the requirements 
of 10 CFR 73.56 and 10 CFR part 26.

II. Further Information

    Although Revision 2 of RG 5.66 was not issued for public comment, 
comments are welcome for all regulatory guides at any time. The input 
from the public and stakeholders will be considered in planning 
resources for the further update and enhancement of the regulatory 
guide series. You may submit comments by contacting Richard Jervey, 
Regulatory Guide Development Branch, Division of Engineering, Office of 
Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-215-7404; e-mail: 
[email protected].

    Dated at Rockville, Maryland, this 6th day of October, 2011.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2011-27462 Filed 10-24-11; 8:45 am]
BILLING CODE 7590-01-P