Notice2022-04453
Guidance for the Application of Radiological Sabotage Design-Basis Threat in the Design, Development, and Implementation of a Physical Security Program That Meets 10 CFR 73.55 Requirements
Primary source
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Published
March 3, 2022
Issuing agencies
Nuclear Regulatory Commission
Abstract
The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.69, "Guidance for the Application of Radiological Sabotage Design-Basis Threat in the Design, Development, and Implementation of a Physical Security Program that Meets 10 CFR 73.55 Requirements," as a final RG. RG 5.69 provides a method that the NRC staff finds acceptable for an applicant or licensee to use in applying the design-basis threats (DBTs) in the development of a physical security program that meets the requirements of NRC regulations. Through interactions with stakeholders during physical security inspections, including security baseline inspections, force- on-force exercises, and enforcement activities, the NRC identified areas where a need for additional clarity and/or sufficient technical information is warranted. Revision 1 to RG 5.69 addresses these areas. In addition, revisions to this guidance include changes to the DBT adversary characteristics necessary to align with changes to NRC security requirements made since the publication of Revision 0 to RG 5.69 in 2007.
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12209-12210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04453]
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NUCLEAR REGULATORY COMMISSION
[NRC-2022-0054]
Guidance for the Application of Radiological Sabotage Design-
Basis Threat in the Design, Development, and Implementation of a
Physical Security Program That Meets 10 CFR 73.55 Requirements
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) 5.69, ``Guidance for the
Application of Radiological Sabotage Design-Basis Threat in the Design,
Development, and Implementation of a Physical Security Program that
Meets 10 CFR 73.55 Requirements,'' as a final RG. RG 5.69 provides a
method that the NRC staff finds acceptable for an applicant or licensee
to use in applying the design-basis threats (DBTs) in the development
of a physical security program that meets the requirements of NRC
regulations. Through interactions with stakeholders during physical
security inspections, including security baseline inspections, force-
on-force exercises, and enforcement activities, the NRC identified
areas where a need for additional clarity and/or sufficient technical
information is warranted. Revision 1 to RG 5.69 addresses these areas.
In addition, revisions to this guidance include changes to the DBT
adversary characteristics necessary to align with changes to NRC
security requirements made since the publication of Revision 0 to RG
5.69 in 2007.
DATES: Revision 1 to RG 5.69 is available on March 3, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0054 when contacting the
NRC about the availability of information regarding this document.
Revision 1 to RG 5.69 contains Safeguards Information (SGI). Therefore,
this RG is being withheld from public disclosure, but is available to
those affected licensees and cleared stakeholders who qualify for
access and have a demonstrated need-to-know. For access to Revision 1
to RG 5.69, contact the individuals listed in the For Further
Information Contact section.
FOR FURTHER INFORMATION CONTACT: Niry Simonian, Office of Nuclear
Security and Insident Response, telephone: 301-287-3636, email:
<a href="/cdn-cgi/l/email-protection#bcf2d5cec592efd5d1d3d2d5ddd2fcd2cedf92dbd3ca"><span class="__cf_email__" data-cfemail="3a74534843146953575554535b547a544859145d554c">[email protected]</span></a> or Mekonen Bayssie, Office of Nuclear Regulatory
Research, telephone: 301-415-1699, email: <a href="/cdn-cgi/l/email-protection#470a222c282922296905263e34342e220729352469202831"><span class="__cf_email__" data-cfemail="5518303e3a3b303b7b17342c26263c30153b27367b323a23">[email protected]</span></a>. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. Please do not include any potentially classified or
sensitive information in your email.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a revision to an existing RG 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.
Revision 1 to RG 5.69 incorporates methods to apply requirements of
updated regulations and lessons-learned from regulatory oversight,
including
[[Page 12210]]
operating experience, inspection findings, enforcement actions,
Security Frequently Asked Questions, and other regulatory documents
(e.g., generic communications). This RG clarifies DBT advesary
characteristics and capabilities identified through interactions with
stakeholders and inspection activities since the original publication
of the guide.
II. Additional Information
Revision 1 to RG 5.69 contains SGI. Accordingly, this RG is being
withheld from public disclosure. It will be made available to those
affected licensees and cleared stakeholders who have an established
need-to-know for access to the RG. The NRC did not announce the
availaibility of the draft RG for public comment because the guide
contains SGI and Official Use Only--Security-Related Information.
Nonetheless, the NRC is issuing this notice to inform the public of the
issuance of the final RG.
On December 23, 2015, the NRC issued an email (Agencywide Documents
Access and Management System (ADAMS) Accession No. ML16007A567)
transmitting the draft RG for comment to cleared stakeholders who
demonstrated a need-to-know for access to the document. The
stakeholder's comment period closed on March 7, 2016. The NRC received
several comments from stakeholders. The comments and the associated
comment resolution contain SGI and are not available to the public. In
addition, per Staff Requirements Memorandum (SRM)--SECY-18-0110,
``Proposed Revision to Regulatory Guide 5.69, ``Guidance for the
Application of the Radiological Sabotage Design-Basis Threat for
Nuclear Power Reactors,'' '' dated November 18, 2021 (Non-Publicly
Available), staff completed the Commission's approved edits to the
document as appropriate.
For access to RG 5.69, Revision 1, contact the individuals listed
in the For Further Information Contact section.
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
This RG provides updated guidance on the methods acceptable to the
NRC staff for complying with the NRC's regulations associated with the
design-basis threat for nuclear power reactors. The RG applies to
current licensees and future applicants for, and holders of:
<bullet> Operating licenses for nuclear power reactors under part
50 of title 10 of the Code of Federal Regulations (10 CFR); and
combined licenses for nuclear power reactors under 10 CFR part 52;
<bullet> operating licenses for nuclear power reactors that are
required to protect safeguards information regulated by the Commission
by Order EA-03-086, ``Order Requiring Compliance with Revised Design
Basis Threat for Operating Power Reactors,'' dated April 29, 2003; and
<bullet> operating licenses for nuclear power reactors that are
required to protect safeguards information regulated by the Commission
by Order EA-06-037, ``Order Requiring Compliance with Updated Adversary
Characteristic,'' dated March 20, 2006.
Issuance of this RG does 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 the RG, licensees are not required to comply with the positions set
forth in this RG, and the NRC staff does not intend to use the guidance
in this RG to support NRC staff actions in a manner that would
constitute backfitting or forward fitting or affect the issue finality
of any approval issued under 10 CFR part 52. If, in the future, the NRC
seeks to impose a position in this RG in a manner that constitutes
backfitting or forward fitting or affects the issue finality for a 10
CFR part 52 approval, then the NRC will address the backfitting
provision in 10 CFR 50.109, the forward fitting provision of MD 8.4, or
the applicable issue finality provision in 10 CFR part 52,
respectively.
Dated: February 25, 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. 2022-04453 Filed 3-2-22; 8:45 am]
BILLING CODE 7590-01-P
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