[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Pages 39343-39344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18817]




Draft Regulatory Guide: Issuance, Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Issuance and Availability of Draft Regulatory Guide, 
DG-5034, ``Protection of Safeguards Information.''


FOR FURTHER INFORMATION CONTACT: Robert Norman, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: (301) 415-2278 or e-
mail [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public 
comment a draft guide in the agency'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 (DG), entitled, ``Protection of 
Safeguards Information,'' is temporarily identified by its task number, 
DG-5034, which should be mentioned in all related correspondence. DG-
5034 will be a new regulatory guide. Title 10, section 73.21, 
``Protection of Safeguards Information: Performance Requirements,'' of 
the Code of Federal Regulations (10 CFR 73.21) requires, in part, that 
each licensee, certificate holder, applicant, or other person who 
produces, receives, or acquires Safeguards Information (SGI) shall 
ensure that it is protected against unauthorized disclosure.
    This guide describes a method that the staff of the NRC considers 
acceptable to implement the general performance requirements specified 
in 10 CFR 73.21(a)(i) and (ii) that establish, implement, and maintain 
an information protection system that includes the applicable measures 
for SGI specified in 10 CFR 73.22, ``Protection of Safeguards 
Information: Specific Requirements,'' or 10 CFR 73.23, ``Protection of 
Safeguards Information--Modified Handling: Specific Requirements.'' 
This guide applies to all licensees, certificate holders, applicants, 
or other persons who produce, receive, or acquire SGI (including SGI 
with the designation or marking: ``Safeguards Information--Modified 
Handling'' (SGI-M)).
    The guidance and criteria contained in this document pertain to the 
protection of SGI as defined in 10 CFR part 73, ``Physical Protection 
of Plants and Materials.'' It is intended to assist licensees and other 
persons who produce, receive, or acquire SGI to establish an 
information protection system that addresses (1) Information to be 
protected, (2) conditions for access, (3) protection while in use or 
storage, (4) preparing and marking documents or other matter, (5) 
reproduction of matter containing SGI, (6) external transmission of 
documents and material, (7) processing SGI on electronic systems, (8) 
removal from the SGI category, and (9) destruction of matter containing 

II. Further Information

    The NRC staff is soliciting comments on DG-5034. Comments may be 
accompanied by relevant information or supporting data and should 
mention DG-5034 in the subject line.
    Comments submitted in writing or in electronic form will be made 
available to the public in their entirety through

[[Page 39344]]

the NRC's Agencywide Documents Access and Management System (ADAMS).
    Because your comments will not be edited to remove any identifying 
or contact information, the NRC cautions you against including any 
information in your submission that you do not want to be publicly 
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed. You may submit comments by any of the following 
    1. Mail comments to: Rulemaking and Directives Branch, Mail Stop: 
TWB-05-B01M, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
    2. Federal e-Rulemaking Portal: Go to http://www.regulations.gov 
and search for documents filed under Docket ID [NRC-2009-0345]. Address 
questions about NRC dockets to Carol Gallagher, 301-492-3668; e-mail 
[email protected].
    3. Fax comments to: Rulemaking and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission at (301) 492-3446.
    Requests for technical information about DG-5034 may be directed to 
the NRC contact, Robert Norman at (301) 415-2278 or e-mail to 
[email protected].
    Comments would be most helpful if received by October 1, 2009. 
Comments received after that 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.
    Electronic copies of DG-5034 are available through the NRC's public 
Web site under Draft Regulatory Guides in the ``Regulatory Guides'' 
collection of the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections/. Electronic copies are also available in 
ADAMS (http://www.nrc.gov/reading-rm/adams.html), under Accession No. 
    In addition, regulatory guides are available for inspection at the 
NRC's Public Document Room (PDR) located at 11555 Rockville Pike, 
Rockville, Maryland. The PDR's mailing address is USNRC PDR, 
Washington, DC 20555-0001. The PDR can also be reached by telephone at 
(301) 415-4737 or (800) 397-4205, by fax at (301) 415-3548, and by e-
mail to [email protected].
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 30th day of July, 2009.

    For the Nuclear Regulatory Commission.
John N. Ridgely,
Acting Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. E9-18817 Filed 8-5-09; 8:45 am]