[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54861-54862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19320]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 /
Rules and Regulations
[[Page 54861]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
[NRC-2022-0155]
Insider Mitigation Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory guide; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Revision 1 to Regulatory Guide (RG) 5.77, ``Insider Mitigation
Program,'' to provide licensees and applicants with agency approved
guidance for complying with NRC regulations. RG 5.77 applies to nuclear
power reactors that contain protected or vital areas. Licensees should
use defense-in-depth methodologies to minimize the potential for an
insider to adversely affect, either directly or indirectly, the
licensee's capability to prevent significant core damage or spent fuel
sabotage.
DATES: Revision 1 of RG 5.77 is available on September 8, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0155 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-2022-0155. 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, 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: You may examine and purchase copies of public
documents, by appointment, at the NRC's Public Document Room (PDR),
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852. 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 1 of RG 5.77 and the regulatory analysis may be found in
ADAMS under Accession Nos. ML16342B024 and ML14002A294, respectively.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Mark Resner, telephone: 301-287-3680,
email: [email protected] or Brad Baxter, telephone: 301-287-3615,
email: [email protected], both are staff of the Office of Nuclear
Security and Incident Response; and Mekonen Bayssie, Office of Nuclear
Regulatory Research, telephone: 301-415-1699, email:
[email protected]. All are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
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 regarding methods that are
acceptable to the NRC staff for implementing specific parts of the
agency's regulations, techniques that the NRC staff uses in evaluating
specific issues or postulated events, and data that the NRC staff needs
in its review of applications for permits and licenses.
The proposed Revision 1 of RG 5.77 was issued with a temporary
identification number of draft Regulatory Guide (DG) 5044. On January
4, 2016, the NRC sent an email (ML16007A565) transmitting the DG for
comment to cleared stakeholders who demonstrated a need-to-know and
possessed the required access clearance. The stakeholders' comment
period closed on March 4, 2016. Stakeholders' comments on DG-5044 and
the staff responses to the public comments are available under ADAMS
Accession No. ML22152A224.
II. Additional Information
The NRC did not announce the availability of the draft RG for
public comment because the guide was originally marked as containing
information designated as ``Official Use Only-Security Related
Information.'' The Commission directed the NRC staff to edit the
document for consistency, accuracy, formatting, and a determination
regarding which content should be marked ``Unclassified'' and
``Official Use Only--Security Related Information'' in accordance with
Staff Requirement Memorandum (SRM)--SECY-17-0095--Review and Approval
of Proposed Revision to RG 5.77, ``Insider Mitigation Program,'' dated
July 14, 2021 (ADAMS Accession No. ML21195A356). The staff critically
examined the designation of the document and determined it should not
be designated as ``Official Use Only--Security Related Information.''
In consideration of the stakeholders' comments and the SRM, the staff
revised the document and is issuing this notice to inform the public of
the issuance of the final RG.
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
Revision 1 of RG 5.77 describes methods acceptable to the NRC staff
for complying with the NRC's regulations to meet the regulatory
requirements in paragraphs 73.55(b)(9) and 73.55(b)(9)(ii) of title 10
of the Code of Federal Regulations (10 CFR), such that a licensee shall
establish, maintain, and implement an Insider Mitigation Program (IMP)
and shall describe the
[[Page 54862]]
program in the Physical Security Plan. The IMP must contain elements
from the following licensee programs: access authorization, fitness-
for-duty, cyber security, and physical protection. Issuance of this RG,
would not constitute backfitting as defined in 10 CFR 50.109,
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4,
``Management of Backfitting, Forward Fitting, Issue Finality, and
Information Requests,'' constitute forward fitting as that term is
defined and described in MD 8.4; or affect the issue finality of any
approval issued under 10 CFR part 52, ``Licenses, certifications, and
approvals for nuclear power plants.'' As explained in RG 5.77,
applicants and licensees would not be required to comply with the
positions set forth in RG 5.77.
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: August 30, 2022.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2022-19320 Filed 9-7-22; 8:45 am]
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