[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Page 16834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06575]




Response Strategies for Potential Aircraft Threats

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
revision 1 to Regulatory Guide (RG) 1.214, ``Response Strategies for 
Potential Aircraft Threats.'' The revision contains updated references 
and minor corrections. The revision does not contain substantive 
changes in the NRC staff's regulatory positions. The guide describes a 
method that the NRC staff considers acceptable for applicants for, and 
holders of, nuclear power plant licenses to comply with NRC 
requirements to develop, implement, and maintain procedures for 
responding to potential aircraft threats.

ADDRESSES: The document will be made available for those individuals 
who have established a ``need-to-know'' and possess access permission 
to Official Use Only-Security Related Information (OUO-SRI). To access 
and review the document contact: James Vaughn, telephone: 301-287-3586, 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: James Vaughn, telephone: 301-287-3586, 
email: [email protected], or Mekonen Bayssie, telephone: 301-251-
7489, email: [email protected], U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.


I. Introduction

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. Regulatory guides were developed to 
describe and make available to the public, to the extent possible, 
information and methods that are acceptable to the NRC staff for 
implementing specific parts of the agency'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 NRC typically seeks public comment on a 
draft version of a regulatory guide by announcing its availability for 
comment in the Federal Register. However, as explained in section 
III.F. of the Handbook for NRC Management Directive 6.6, ``Regulatory 
Guides'' (Agencywide Documents Access and Management System Accession 
No. ML110330475), the NRC may directly issue a final regulatory guide 
without a draft version or public comment period if the changes to the 
regulatory guide are non-substantive. Furthermore, RG 1.214 is withheld 
from public disclosure but is available to those affected licensees and 
cleared stakeholders who can or have demonstrated a ``need-to-know.''
    The NRC is issuing Revision 1 of RG 1.214 directly as a final 
regulatory guide because the changes between Revision 0 and Revision 1 
are non-substantive. This revision of RG 1.214 incorporates editorial 
changes, updates the guide to conform to the current format for 
regulatory guides, and updates references to related guidance for 
emergency preparedness (EP). These changes are intended to improve 
clarity of the guidance and alignment with the EP requirements in part 
50 of Title 10 of the Code of Federal Regulations (10 CFR), Appendix E, 
and do not alter the staff regulatory guidance.

II. Backfitting and Issue Finality

    Issuance of this final regulatory guide does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not 
otherwise inconsistent with the issue finality provisions in 10 CFR 
part 52. The changes in Revision 1 of RG 1.214 are limited to editorial 
changes to improve clarity of the guidance and alignment with the EP 
requirements in 10 CFR part 50, Appendix E. These changes do not fall 
within the kinds of agency actions that constitute backfitting or are 
subject to limitations in the issue finality provisions of 10 CFR part 
52. Accordingly, the NRC did not address the Backfit Rule or issue 
finality provisions of 10 CFR part 52.

III. Congressional Review Act

    This action is not a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808).

IV. Submitting Suggestions for Improvement of Regulatory Guides

    Revision 1 of RG 1.214 is being issued without an opportunity for 
comment. However, you may at any time submit suggestions to the NRC for 
improvement of existing regulatory guides or for the development of new 
regulatory guides to address new issues. The input received will be 
considered in future updates and enhancements of the regulatory guide. 
Please coordinate with James Vaughn from the NRC's Office of Nuclear 
Security and Incident Response (telephone: 301-287-3686 or email: 
[email protected]) regarding the drafting and transmission of such 
comments in order to protect comments that contain OUO-SRI information.

    Dated at Rockville, Maryland, this 19th day of March, 2014.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2014-06575 Filed 3-25-14; 8:45 am]