[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81376-81377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32778]
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NUCLEAR REGULATORY COMMISSION
[NRC-2015-0287]
Training and Qualification of Security Personnel at Nuclear Power
Reactor Facilities
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-5043, ``Training and
Qualification of Security Personnel at Nuclear Power Reactor
Facilities.'' The proposed revision to the regulatory guide (RG)
updates training and qualification guidance that incorporates lessons
learned since the original publication of the guide.
DATES: Submit comments by February 29, 2016. 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 specified subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0287. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001. For additional direction on accessing information and
submitting comments, see ``Obtaining Information and Submitting
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: James Vaughn, Office of Nuclear
Security and Incident Response, telephone: 301-287-3586, email:
[email protected] or Mekonen Bayssie, Office of Nuclear Regulatory
Research, telephone: 301-415-1699, 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-2015-0287 when contacting the NRC
about the availability of information regarding this document. You may
obtain publically-available information related to this document, by
any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search
[[Page 81377]]
for Docket ID NRC-2015-0287. Address questions about NRC dockets to
Carol Gallagher; telephone: 301-415-3463; email:
[email protected]. For technical questions, contact the
individual(s) 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 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
DG is electronically available in ADAMS under Accession No. ML14297A272
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.
B. Submitting Comments
Please include Docket ID NRC-2015-0287 in your comment submission.
The NRC cautions you not to include identifying or contact information
that you do not want to be publicly disclosed in your comment
submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Additional Information
The NRC is issuing for public comment a DG in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public information regarding 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 issues or postulated events, and data that the staff needs in
its review of applications for permits and licenses.
The DG, entitled, ``Training and Qualification of Security
Personnel at Nuclear Power Reactor Facilities,'' is a proposed revision
guide temporarily identified by its task number, DG-5043. DG-5043 is
proposed revision 1 of RG 5.75, ``Training and Qualification of
Security Personnel at Nuclear Power Reactor Facilities.'' The guide
proposes revised guidance for methodologies that licensees and
applicants should use to select, train, equip, test, qualify, and re-
qualify armed and unarmed security personnel, watchpersons, and members
of the licensee staff that support the licensee's security
organization, to ensure that these individuals possess and maintain the
knowledge, skills, and abilities required to carry out their assigned
duties and responsibilities effectively.
III. Backfitting and Issue Finality
DG-5043 describes a method that the NRC staff considers acceptable
for use by nuclear power plant licensees in meeting the requirements
for training and qualification of security personnel as set forth in
Section VI of Appendix B to title 10 of the Code of Federal Regulations
Part 73 (10 CFR part 73), ``Physical Protection of Plants and
Materials.'' Issuance of this DG, if finalized, would not constitute
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) 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 this guide, if finalized, on
holders of current operating licenses or combined licenses.
This DG may be applied to applications for operating licenses and
combined licenses docketed by the NRC as of the date of issuance of the
final regulatory guide, as well as future applications submitted after
the issuance of the regulatory guide. Such action would not constitute
backfitting as defined in the Backfit Rule or be otherwise inconsistent
with the applicable issue finality provision in 10 CFR part 52,
inasmuch as such applicants or potential applicants are not within the
scope of entities protected by the Backfit Rule or the relevant issue
finality provisions in part 52. Neither section 50.109 nor the issue
finality provisions under 10 CFR part 52--with certain exceptions--were
intended to apply to every NRC action that substantially changes the
expectations of current and future applicants. The exceptions to the
general principle are whenever an applicant references a part 52
license (e.g., an early site permit) and/or NRC regulatory approval
(e.g., a design certification rule, a standard design approval) with
specified issue finality provisions. However, the scope of issue
finality provided extends only to the matters resolved in the license
or regulatory approval. Early site permits, design certification rules,
and standard design approvals typically do not address or resolve
compliance with operational programs such as the security personnel
requirements in 10 CFR part 73.
Therefore, no applicant referencing an early site permit, design
certification rule, or standard design approval would be protected by
relevant issue finality provisions with respect to the security matters
addressed in this draft regulatory guide.
Dated at Rockville, Maryland, this 22nd day of December 2015.
For the Nuclear Regulatory Commission.
Kurt O. Cozens,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-32778 Filed 12-28-15; 8:45 am]
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