[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 53-55]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30738]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0276]
General Use of Locks in Protection and Control of Facilities and
Special Nuclear Materials, Classified Matter, and Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft regulatory guide (DG), DG-5027, ``General Use of
Locks in Protection and Control of Facilities and Special Nuclear
Materials, Classified Matter, and Safeguards Information.''
DATES: Submit comments by March 3, 2015. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Although a time limit is given, comments and suggestions in
connection with items for inclusion in guides currently being developed
or improvements in all published guides are encouraged at any time.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: 3WFN-06-A44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear Security
and Incident Response, telephone: 301-287-3616, email:
[email protected], or Mekonen Bayssie, Office of Nuclear Regulatory
Research, telephone: 301-251-7489, email: [email protected], U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information.
Please refer to Docket ID NRC-2014-0276 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then 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, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this notice (if
that document is available in ADAMS) is provided the first time that a
document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
II. Additional Information
The NRC is issuing for public comment a draft guide in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public such information as methods that are
acceptable to the NRC staff for implementing specific parts of the
NRC'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 draft regulatory guide, entitled, ``General Use of Locks in
Protection and Control of Facilities and Special Nuclear Materials,
Classified Matter, and Safeguards Information,'' is temporarily
identified by its task number, DG-5027. DG-5027 is proposed revision 1
of Regulatory Guide 5.12. It incorporates new information, lessons
learned, and operating experience since the guide was originally issued
in 1973, particularly new locking technologies and standards for locks
and keys. In addition, references in the guide were updated and the
relevant regulations were identified. This draft guide describes
methods and procedures that the NRC considers acceptable for the
selection, use, and control of locking devices in the protection of
areas, facilities, and specific types of information (e.g. classified
matter, National Security Information, Restricted Data, Formerly
Restricted Data, Safeguards Information, and Special Nuclear Material).
III. Backfitting and Issue Finality
This draft guide, if finalized, would provide updated guidance on
the methods acceptable to the NRC staff for complying with the NRC's
regulations associated with the use of locks in the protection and
control of facilities, special nuclear materials, classified matter,
and safeguards information. The draft guide would apply to current and
future applicants for, and holders of:
Licenses issued under part 70 of Title 10 of the Code of
Federal Regulations (10 CFR) to possess or use, at any site or
contiguous sites subject to licensee control, a formula quantity of
strategic special nuclear material, as defined in 10 CFR 70.4;
operating licenses for nuclear power reactors under 10 CFR
part 50;
approvals issued under subparts B, C, E, and F of 10 CFR
part 52;
operating licenses for nuclear non-power reactors under 10
CFR part 50;
licenses for industrial radiography under 10 CFR part 34;
licenses for medical use of byproduct material under 10
CFR part 35;
licenses for irradiators under 10 CFR part 36;
licenses authorizing the possession of an aggregated
category 1 or category 2 quantity of radioactive material listed in
Appendix A to 10 CFR part 37;
licenses for well logging under 10 CFR part 39;
licenses, certificates, and other NRC approvals, who
protect safeguards information regulated by the Commission under 10 CFR
73.21-73.23; and
licenses, certificates, and other NRC approvals, who may
protect Secret and Confidential NSI, RD, and FRD received or developed
in conjunction with activities licensed, certified, or regulated by the
Commission under 10 CFR part 95.
Holders of approvals under parts 34, 35, 36, 37, 39, and 95 of the
NRC's regulations and holders of nonpower reactor operating licenses
under 10 CFR part 50, are not protected by backfitting or issue
finality provisions.
Issuance of this DG in final form would not constitute backfitting
under 10 CFR part 50 or 70 and would not otherwise be inconsistent with
the issue finality provisions in 10 CFR part 52. As discussed in the
``Implementation'' section of this DG, the NRC has no current intention
to impose the DG, if finalized, on current holders of 10 CFR part 50
operating licenses, 10 CFR part 52, subpart B, C, E, or F approvals, or
10 CFR part 70 licenses. Moreover, the guidance in the draft guide
addresses
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security issues, which are matters separate from the technical
requirements to operate a facility covered by backfitting and issue
finality provisions. The security guidance in this regulatory guide
would be the same for all entities to whom this draft regulatory guide
applies; it does not distinguish between nuclear power plant licensees
and certain fuel cycle facilities under part 70 (who are protected by
backfitting and issue resolution provisions), and the other entities to
whom this regulatory guide applies. Thus, the security-related guidance
in the draft regulatory guide should not be viewed as falling within
the scope of matters within the purview of backfitting and issue
finality.
The DG, if finalized, could be applied to applications for 10 CFR
part 50 operating licenses; 10 CFR part 52, subpart B, C, E, or F
approvals; or licenses issued under part 70. Such action would not
constitute backfitting as defined in 10 CFR 50.109 or 10 CFR 70.76 or
be otherwise inconsistent with the applicable issue finality provision
in 10 CFR part 52, inasmuch as such applicants are not within the scope
of entities protected by 10 CFR 50.109, 10 CFR 70.76, or the relevant
issue finality provisions in 10 CFR part 52. Backfitting restrictions
were not intended to apply to every NRC action that substantially
changes settled expectations, and applicants have no reasonable
expectation that future requirements may change, see 54 FR 15372 (April
18, 1989), at 15385-86. Although the issue finality provisions in part
52 are intended to provide regulatory stability and issue finality, the
matters addressed in this regulatory guide (concerning certain security
requirements in part 73) are not within the scope of issues that may be
resolved for design certification, design approval or a manufacturing
license, and therefore are not subject to issue finality protections in
part 52.
Dated at Rockville, Maryland, this 23rd day of December, 2014.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2014-30738 Filed 12-31-14; 8:45 am]
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