[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 53-55]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30738]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0276]


General Use of Locks in Protection and Control of Facilities and 
Special Nuclear Materials, Classified Matter, and Safeguards 
Information

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-5027, ``General Use of 
Locks in Protection and Control of Facilities and Special Nuclear 
Materials, Classified Matter, and Safeguards Information.''

DATES: Submit comments by March 3, 2015. 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 specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: 3WFN-06-A44M, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear Security 
and Incident Response, telephone: 301-287-3616, email: 
[email protected], or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-251-7489, 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-2014-0276 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276.
     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 
ADAMS accession number for each document referenced in this notice (if 
that document is available in ADAMS) is provided the first time that a 
document is referenced.
     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.

II. Additional Information

    The NRC is issuing for public comment a draft guide in the NRC'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, entitled, ``General Use of Locks in 
Protection and Control of Facilities and Special Nuclear Materials, 
Classified Matter, and Safeguards Information,'' is temporarily 
identified by its task number, DG-5027. DG-5027 is proposed revision 1 
of Regulatory Guide 5.12. It incorporates new information, lessons 
learned, and operating experience since the guide was originally issued 
in 1973, particularly new locking technologies and standards for locks 
and keys. In addition, references in the guide were updated and the 
relevant regulations were identified. This draft guide describes 
methods and procedures that the NRC considers acceptable for the 
selection, use, and control of locking devices in the protection of 
areas, facilities, and specific types of information (e.g. classified 
matter, National Security Information, Restricted Data, Formerly 
Restricted Data, Safeguards Information, and Special Nuclear Material).

III. Backfitting and Issue Finality

    This draft guide, if finalized, would provide updated guidance on 
the methods acceptable to the NRC staff for complying with the NRC's 
regulations associated with the use of locks in the protection and 
control of facilities, special nuclear materials, classified matter, 
and safeguards information. The draft guide would apply to current and 
future applicants for, and holders of:
     Licenses issued under part 70 of Title 10 of the Code of 
Federal Regulations (10 CFR) to possess or use, at any site or 
contiguous sites subject to licensee control, a formula quantity of 
strategic special nuclear material, as defined in 10 CFR 70.4;
     operating licenses for nuclear power reactors under 10 CFR 
part 50;
     approvals issued under subparts B, C, E, and F of 10 CFR 
part 52;
     operating licenses for nuclear non-power reactors under 10 
CFR part 50;
     licenses for industrial radiography under 10 CFR part 34;
     licenses for medical use of byproduct material under 10 
CFR part 35;
     licenses for irradiators under 10 CFR part 36;
     licenses authorizing the possession of an aggregated 
category 1 or category 2 quantity of radioactive material listed in 
Appendix A to 10 CFR part 37;
     licenses for well logging under 10 CFR part 39;
     licenses, certificates, and other NRC approvals, who 
protect safeguards information regulated by the Commission under 10 CFR 
73.21-73.23; and
     licenses, certificates, and other NRC approvals, who may 
protect Secret and Confidential NSI, RD, and FRD received or developed 
in conjunction with activities licensed, certified, or regulated by the 
Commission under 10 CFR part 95.
    Holders of approvals under parts 34, 35, 36, 37, 39, and 95 of the 
NRC's regulations and holders of nonpower reactor operating licenses 
under 10 CFR part 50, are not protected by backfitting or issue 
finality provisions.
    Issuance of this DG in final form would not constitute backfitting 
under 10 CFR part 50 or 70 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 the DG, if finalized, on current holders of 10 CFR part 50 
operating licenses, 10 CFR part 52, subpart B, C, E, or F approvals, or 
10 CFR part 70 licenses. Moreover, the guidance in the draft guide 
addresses

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security issues, which are matters separate from the technical 
requirements to operate a facility covered by backfitting and issue 
finality provisions. The security guidance in this regulatory guide 
would be the same for all entities to whom this draft regulatory guide 
applies; it does not distinguish between nuclear power plant licensees 
and certain fuel cycle facilities under part 70 (who are protected by 
backfitting and issue resolution provisions), and the other entities to 
whom this regulatory guide applies. Thus, the security-related guidance 
in the draft regulatory guide should not be viewed as falling within 
the scope of matters within the purview of backfitting and issue 
finality.
    The DG, if finalized, could be applied to applications for 10 CFR 
part 50 operating licenses; 10 CFR part 52, subpart B, C, E, or F 
approvals; or licenses issued under part 70. Such action would not 
constitute backfitting as defined in 10 CFR 50.109 or 10 CFR 70.76 or 
be otherwise inconsistent with the applicable issue finality provision 
in 10 CFR part 52, inasmuch as such applicants are not within the scope 
of entities protected by 10 CFR 50.109, 10 CFR 70.76, or the relevant 
issue finality provisions in 10 CFR part 52. Backfitting restrictions 
were not intended to apply to every NRC action that substantially 
changes settled expectations, and applicants have no reasonable 
expectation that future requirements may change, see 54 FR 15372 (April 
18, 1989), at 15385-86. Although the issue finality provisions in part 
52 are intended to provide regulatory stability and issue finality, the 
matters addressed in this regulatory guide (concerning certain security 
requirements in part 73) are not within the scope of issues that may be 
resolved for design certification, design approval or a manufacturing 
license, and therefore are not subject to issue finality protections in 
part 52.

    Dated at Rockville, Maryland, this 23rd day of December, 2014.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2014-30738 Filed 12-31-14; 8:45 am]
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