[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67264-67277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27855]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2014-0036]
RIN 3150-AJ37


Cyber Security Event Notifications

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is adopting new 
cyber security regulations that govern nuclear power reactor licensees. 
This final rule codifies certain reporting activities associated with 
cyber security events contained in security advisories issued by the 
NRC. This rule establishes new cyber security event notification 
requirements that contribute to the NRC's analysis of the reliability 
and effectiveness of licensees' cyber security programs and plays an 
important role in the continuing effort to provide high assurance that 
digital computer and communication systems and networks are adequately 
protected against cyber attacks, up to and including the design basis 
threat.

DATES: Effective Date: This final rule is effective December 2, 2015. 
Compliance Date: Compliance with this final rule is required by May 2, 
2016, for those licensed to operate under parts 50 and 52 of Title 10 
of the Code of Federal Regulations (10 CFR) and subject to Sec.  73.54.

ADDRESSES: Please refer to Docket ID NRC-2014-0036 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0036. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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.

FOR FURTHER INFORMATION CONTACT: Robert H. Beall, Office of Nuclear 
Reactor Regulation, telephone: 301-415-3874, email: 
[email protected], U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Background
II. Discussion
III. Opportunities for Public Participation
IV. Public Comment Analysis
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Cumulative Effects of Regulation
X. Plain Writing
XI. Environmental Assessment and Final Finding of No Significant 
Environmental Impact
XII. Paperwork Reduction Act
XIII. Congressional Review Act
XIV. Criminal Penalties
XV. Compatibility of Agreement State Regulations
XVI. Availability of Guidance
XVII. Availability of Documents

I. Background

    On July 9, 2008, in SECY-08-0099, ``Final Rulemaking--Power Reactor 
Security Requirements'' (Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML081650474), the NRC staff recommended 
the Commission approve a final rule amending the NRC's Power Reactor 
Security Requirements. The NRC staff also recommended removing sections 
in the Power Reactor Security Requirements rule on new and revised 
security notification requirements in Sec.  73.71 and appendix G of 
part 73 of title 10 of the Code of Federal Regulations (10 CFR), 
``Reportable

[[Page 67265]]

Safeguards Events,'' and placing them in a new proposed enhanced 
weapons rulemaking. In SRM-SECY-08-099, dated December 17, 2008 (ADAMS 
Accession No. ML083520252), the Commission approved the Power Reactor 
Security final rule and the bifurcation of the security notification 
requirements in Sec.  73.71 and appendix G to 10 CFR part 73 to the new 
proposed enhanced weapons rule.
    On June 27, 2010, in SECY-10-0085, ``Proposed Rule: Enhanced 
Weapons, Firearms Background Checks and Security Event Notifications'' 
(ADAMS Accession No. ML101110121), the NRC staff recommended delegating 
to the Office of the Executive Director for Operations the authority to 
issue new cyber security notification changes in the proposed enhanced 
weapons rule for publication in the Federal Register, as well as issue 
draft implementing guidance on the proposed rule. On October 19, 2010, 
in SRM-SECY-10-0085, ``Proposed Rule: Enhanced Weapons, Firearms 
Background Checks and Security Event Notifications'' (ADAMS Accession 
No. ML102920342), the Commission directed the NRC staff to publish a 
proposed rule implementing requirements for enhanced weapons, revised 
physical security event notifications, and adding new cyber security 
event notifications. This proposed rule was published in the Federal 
Register for comment on February 3, 2011 (76 FR 6199). The public was 
provided a total of 180 days to review and comment on the proposed rule 
and associated guidance.
    In SECY-12-0125, ``Interim Actions to Execute Commission Preemption 
Authority Under Section 161A of the Atomic Energy Act of 1954, as 
Amended,'' dated September 20, 2012 (ADAMS Accession No. ML12171A089), 
the NRC staff reported their discussions with the U.S. Department of 
Justice on the need to revise the Firearms Guidelines to limit the 
firearms background check requirement to only licensees that apply for 
preemption authority. Subsequently in SRM--SECY-12-0125, dated November 
12, 2012 (ADAMS Accession No. ML12326A653), the Commission directed the 
NRC staff to revise the Firearms Guidelines accordingly, and publish a 
supplemental proposed enhanced weapons rule for public comment as soon 
as possible.
    On December 20, 2013, in COMSECY-13-0031, ``Bifurcation of the 
Enhanced Weapons, Firearms Background Checks, and Security Event 
Notifications Rule'' (ADAMS Accession No. ML13280A366), the NRC staff 
informed the Commission of its plan to bifurcate the cyber security 
event notifications from the Enhanced Weapons rule due to delays 
resulting from the Firearms Guidelines revision. The bifurcation would 
allow the NRC staff to prepare a separate final rule for cyber security 
event notifications, therefore avoiding any further delay associated 
with the aforementioned Firearms Guidelines revision. In addition, this 
action would supplement the existing cyber security requirements (i.e., 
Sec.  73.54, ``Protection of Digital Computer and Communication Systems 
and Networks'') included in the 2009 power reactor security rule (76 FR 
6199; February 3, 2011).
    As part of the 2011 proposed enhanced weapons rule, the NRC 
received comments on the proposed cyber security event notification 
requirements. Changes between the proposed rule and this final cyber 
security event notifications rule reflect those public comments. 
Additionally, Draft Regulatory Guide (DG)-5019, Revision 1, ``Reporting 
and Recording Safeguards Events'' (ADAMS Accession No. ML100830413), 
was published for public comment on February 3, 2011 (76 FR 6085). The 
portions of the DG related to cyber security event notifications were 
also separated out from the original draft guide, and are now included 
in a new final regulatory guide (RG) (RG 5.83, ``Cyber Security Event 
Notifications,'' ADAMS Accession No. ML14269A388). Changes between DG-
5019, Revision 1, and RG 5.83 reflect public comment. This approach 
(i.e., publish draft guidance with proposed rules and final guidance 
with final rules) is consistent with the agency's efforts to 
incorporate enhancements in the rulemaking process to address 
Cumulative Effects of Regulation (CER), as approved by SRM--SECY-0032, 
``Consideration of the Cumulative Effects of Regulation in the 
Rulemaking Process,'' dated October 11, 2011 (ADAMS Accession No. 
ML112840466).

II. Discussion

    The NRC is adding cyber security event notification requirements 
for nuclear power reactor facilities. These additions are necessary 
because cyber security event notification requirements were not 
included in the NRC's final rule that added Sec.  73.54, ``Protection 
of Digital Computer and Communication Systems and Networks,'' to the 
NRC's regulations (74 FR 13926; March 27, 2009). Section 73.54 requires 
power reactor licensees to establish and maintain a cyber security 
program that provides high assurance that digital computer and 
communication systems and networks are adequately protected against 
cyber attacks, up to and including the design basis threat as described 
in Sec.  73.1. Cyber security event notification requirements will 
contribute to the NRC's analysis of the reliability and effectiveness 
of licensees' cyber security programs and play an important role in the 
continuing effort to protect digital computer and communication systems 
and networks associated with: Safety-related and important-to-safety 
functions; security functions; emergency preparedness functions, to 
include offsite communications; and support systems and equipment 
which, if compromised, would adversely impact safety, security, and 
emergency preparedness (SSEP) functions. Notifications conducted and 
written reports generated by licensees will be used by the NRC to 
respond to emergencies, monitor ongoing events, assess trends and 
patterns, identify precursors of more significant events, and inform 
other NRC licensees of cyber security-related events, enabling them to 
take preemptive actions, if necessary (e.g., increase their security 
posture). In addition, timely notifications assist the NRC in achieving 
its strategic communications mission by informing the U.S. Department 
of Homeland Security (DHS) and Federal intelligence and law enforcement 
agencies of cyber security-related events that could: (1) Endanger 
public health and safety or the common defense and security, (2) 
provide information for threat-assessment processes, or (3) generate 
public or media inquiries.
    The terrorist attacks of September, 11, 2001, demonstrated that 
adversaries were capable of simultaneously attacking multiple sectors 
of critical infrastructure. After those attacks, the NRC issued several 
Security Orders, as well as the Design Basis Threat (DBT) final rule 
(72 FR 12705; March 19, 2007) and the Power Reactor Security final rule 
(74 FR 13926; March 27, 2009). These Orders and final rules were steps 
taken by the NRC to ensure adequate protection of the public health and 
safety and common defense and security. The DBT final rule, in Sec.  
73.1, ``Purpose and Scope,'' describes in general terms the types of 
attacks licensees must protect against in order to prevent radiological 
sabotage and to prevent theft or diversion of strategic special nuclear 
material. An adversary attribute included under the DBT for 
radiological sabotage is a cyber attack, which is a type of attack that 
adversaries could remotely launch against multiple targets (i.e., 
nuclear power reactors) simultaneously. The Power Reactor Security 
final rule included specific

[[Page 67266]]

requirements to provide high assurance that digital computer and 
communication systems and networks are adequately protected against 
cyber attacks (Sec.  73.54). The addition of cyber security event 
notification requirements supplements Sec.  73.54 by enabling the 
timely notifications of potential and/or imminent cyber attacks 
directed against licensees. This allows for more timely assessment and 
dissemination of threat information, and improves the NRC's ability to 
respond and take the actions necessary to mitigate the adverse impacts 
of cyber attacks directed against licensees.
    Separating the cyber security event notification requirements from 
the Power Reactor Security proposed rule narrowed the applicability to 
licensees subject to the requirements of Sec.  73.54, which applies to 
operating nuclear power plants after the effective date of the final 
cyber security rule. Under the original proposed rule published on 
October 26, 2006 (71 FR 62664), cyber security event notifications were 
included with other event notifications (physical security, enhanced 
weapons, etc.) requiring a broader range of applicability (e.g., Fuel 
Cycle Facilities).
    The NRC considered other options for licensees to report cyber 
attacks to the NRC. The NRC considered taking no additional regulatory 
actions and relying upon the continuation of voluntary reporting 
initiatives currently in place through security advisories. These 
voluntary reporting initiatives have allowed the NRC to identify 
certain cyber security-related events that might have had a negative 
impact upon licensees (e.g., vendor software updates containing 
malware) as well as provided licensees with threat information that 
assist them in protecting against cyber security-related threats. 
However, the security advisories are not mandatory requirements and do 
not provide timeliness requirements (one-hour, four-hour, eight-hour), 
which can be instrumental in the NRC's ability to respond to cyber 
security-related events, to evaluate cyber security-related activities 
for threat implications, and to accomplish the agency's strategic 
communications mission.

III. Opportunities for Public Participation

A. Public and Stakeholder Meetings

    As part of its comprehensive assessment of the NRC's cyber security 
event notification regulations and guidance development for this rule, 
the NRC staff held two meetings with internal and external 
stakeholders.
    On June 1, 2011, staff held a public meeting to discuss the 
proposed Enhanced Weapons, Firearms Background Checks, and Security 
Event Notifications rulemaking, which included the cyber security event 
notification requirements. The meeting was in workshop format, and was 
held at the NRC Headquarters in Rockville, Maryland; it was attended by 
more than 50 people. Additional individuals remotely participated in 
the meeting through audio teleconferencing and webinar. Presenters at 
the meeting included NRC staff, the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, and the Federal Bureau of Investigations 
(FBI). Since the NRC was not accepting public comments, the meeting was 
not transcribed; however, a meeting summary and the handouts from the 
meeting are available in ADAMS under Accession No. ML111720007.
    The NRC staff also met with internal and external stakeholders on 
July 31, 2014. This public meeting was to discuss the draft final rule 
implementation date for the cyber security event notification 
requirements. The public meeting was held at the NRC Headquarters in 
Rockville, Maryland, and it was attended by six individuals in person 
and eight individuals remotely through audio teleconferencing and 
webinar. The NRC staff presented the current status of the draft final 
cyber security event notifications rule and the draft final 
implementation date. The NRC transcribed the meeting in order to 
capture public input on the draft final implementation date. The 
feedback from this meeting, as well as all the previous interactions, 
informed the NRC's schedule for the implementation of the new cyber 
security event notification requirements. The meeting summary, 
handouts, and a transcript of the meeting are available in ADAMS under 
Accession No. ML14240A404.

B. Opportunity for Public Comment

    The proposed rule was published in the Federal Register on February 
3, 2011 (76 FR 6199), and the public comment period closed on August 4, 
2011. On the same day the NRC also published a separate notice 
requesting comment on DG-5019, Revision 1, ``Reporting and Recording 
Safeguards Events.'' The NRC received a total of 14 submittals on the 
proposed rule and draft guidance relating to enhanced weapons, firearms 
background checks and security event notifications (which included 
cyber security event notifications). The majority of comments came from 
the Nuclear Energy Institute (NEI) on behalf of the nuclear power 
reactor licensees.

IV. Public Comment Analysis

    The proposed enhanced weapons rule was published February 03, 2011 
(76 FR 6199), and the public comment period closed on August 04, 2011. 
On the same day the NRC also published a separate notice requesting 
comment on DG-5019, Revision 1, ``Reporting and Recording Safeguards 
Events.''
    The NRC received 14 submittals on the proposed rule and draft 
guidance. The NRC also received one comment on the proposed 
implementation date during the July 31, 2014, public meeting. Comments 
specific to cyber security event notifications in the proposed enhanced 
weapons rule and DG-5019, Revision 1, were identified and are addressed 
in this final rule. The comments specific to the proposed rule on 
Enhanced Weapons, Firearms Background Checks, and Security Event 
Notifications (76 FR 6200) are not addressed in this final rule and 
will be addressed in a subsequent rulemaking. In addition, certain 
event notification comments in the proposed rule that were generic 
(e.g., comments referring to four-hour notifications in general) are 
addressed for cyber security events in this final rule. The submittals 
containing comments specific to cyber security event notifications were 
consolidated into a single document (ADAMS Accession No. ML14226A596) 
that assigns the comment designators (e.g., NEI-155) used in this final 
rule. In the proposed rule and draft guidance, the cyber security event 
notifications aligned with physical security event notifications with a 
focus on compensated and uncompensated events. However, based on public 
comments, the final rule and regulatory guidance now aligns more 
closely with Sec.  73.54 with a focus on adverse impacts to SSEP 
functions.

A. Public Comments on Proposed Rule

    Comment 1: One commenter stated that neither Sec.  73.71 nor 
appendix G to 10 CFR part 73 contains an effective date for cyber 
security reporting requirements, and recommended that the reporting 
requirements align with the date the cyber security plan becomes 
effective. [NEI-155]
    Response: The NRC disagrees with this comment. Notification of a 
cyber security event is necessary to assist the NRC in assessing and 
evaluating issues with potential cyber security-related implications in 
a timely manner, determining the significance and credibility of the 
identified issue(s), and providing recommendations and/or

[[Page 67267]]

courses of action to NRC management. Currently, licensees are reporting 
certain cyber security events voluntarily to the NRC. However, because 
this is done voluntarily there could be certain cyber security events 
that may not be reported to the NRC in a timely manner or reported at 
all. The cyber security event notifications final rule removes the 
voluntary aspects of reporting certain cyber security events, provides 
regulatory stability, and ensures the NRC is notified in a timely 
manner.
    Prompt notification of a cyber attack could be vital to the NRC's 
ability to take immediate action in response to a cyber attack and, if 
necessary, to notify other NRC licensees, Government agencies, and 
critical infrastructure facilities, to defend against a multiple sector 
(e.g., energy, financial, etc.) cyber attack. Like the attacks of 
September 2001, a cyber attack has the capability to be launched 
against multiple targets simultaneously or spread quickly throughout 
multiple sectors of critical infrastructure. In light of these 
potential consequences, the NRC does not want to delay the 
implementation of the cyber security event notification final rule to 
match the effective date of each licensee's cyber security plan (i.e., 
Milestone 8) because those cyber security plans may not be fully 
effective for several years.
    The final rule will become effective 30 days after publication in 
the Federal Register. The compliance date will be 180 days after 
publication (consistent with the implementation schedule described in 
the proposed rule) to allow licensees time to revise their event 
notification procedures and train personnel on event notifications 
specific to cyber security (i.e., identification, reporting). The cyber 
security event notification final rule is consistent with existing 
notification processes (i.e., Sec. Sec.  50.72 and 73.71) and aligns 
closely with Sec.  73.54 (e.g., adverse impacts to SSEP functions) as 
well as current voluntary reporting activities associated with cyber 
security requiring less time for implementation. In addition, the cyber 
security event notification final rule complements the implementation 
of Milestones 1 through 7. For example, the identification of critical 
systems and critical digital assets (Milestone 2), the implementation 
of a deterministic one-way device (Milestone 3), and access controls 
for portable media devices (Milestone 4) are all programs that when 
properly implemented and maintained, should identify and mitigate 
adverse impacts to SSEP functions. The cyber security event 
notification final rule requires licenses to notify the NRC when a 
cyber attack caused or could have caused an adverse impact to SSEP 
functions. These factors, along with the importance of the NRC 
strategic communications mission of informing the DHS and Federal 
intelligence and law enforcement agencies of cyber security-related 
events that could: 1) Endanger public health and safety or the common 
defense and security, 2) provide information for threat-assessment 
processes, or 3) generate public or media inquiries, support the need 
for the 180-day implementation schedule.
    Comment 2: One commenter indicated that critical digital assets 
(CDAs) that are not part of a target set should not have the same 
sensitivity as those CDAs that are contained within a target set. [NEI-
156]
    Response: The NRC disagrees with this comment. The NRC staff has 
recognized that a graded approach to controls required for CDAs is 
warranted based on the ability to detect and mitigate the consequences 
of a cyber attack. However, the cyber security event notification 
requirements focus on events that have or could have an adverse impact 
to SSEP functions, and thereby incorporates consideration of 
protections that prevent successful cyber attacks. Therefore, the 
notification requirements cover all CDAs and critical systems within 
the scope of Sec.  73.54, which includes: Safety-related and important-
to-safety functions; security functions; emergency preparedness 
functions, including offsite communications; and support systems and 
equipment which, if compromised, would adversely impact safety, 
security, or emergency preparedness functions.
    Comment 3: Two commenters recommended that the four-hour 
notification events should be incorporated into the eight-hour 
notification events, therefore eliminating the four-hour notification 
events. One commenter specifically recommended that suspicious events 
be moved from four-hour to eight-hour notifications. [NEI-17, 161, 
Hardin-2]
    Response: The NRC agrees in part, with this comment. The NRC agrees 
that suspicious cyber security events (i.e., activities that may 
indicate intelligence gathering or pre-operational planning related to 
a cyber attack) should be moved from four-hour notifications to eight-
hour notifications. However, notifications with a local, State, or 
other Federal agency is consistent with existing NRC regulations at 
Sec.  50.72(b)(2)(xi). In addition, unsuccessful cyber attacks has been 
clarified to align more closely with Sec.  73.54 and addresses cyber 
attacks that could have caused an adverse impact to SSEP functions and 
remains a four-hour notification so the NRC can conduct additional 
notifications as appropriate (e.g., other NRC licensees, Federal law 
enforcement agencies, the intelligence community) to mitigate the 
effects of a widespread cyber attack, or use as part of the National 
threat assessment process. Furthermore, unauthorized operation and 
tampering events have been clarified to address suspected or actual 
cyber attacks initiated by personnel with physical or electronic access 
and were moved in the final rule to four-hour notifications due to the 
implications of an internal threat. Accordingly, the NRC has revised 
the rule language and associated guidance consistent with this approach 
to address the broader recommendation of aligning more closely with 
Sec.  73.54.
    Comment 4: One commenter suggested adding the word ``significant'' 
in front of cyber security events. [NEI-167]
    Response: The NRC disagrees with this comment. Prefacing the phrase 
``cyber security events'' with ``significant'' does not add clarity to 
the rule. The NRC is requiring only those cyber security events 
associated with actual or potential adverse impacts to be reported. The 
NRC has changed the rule text and associated guidance to align more 
closely with Sec.  73.54 and distinguishes cyber security events by 
whether an adverse impact has occurred (or not) to SSEP functions as a 
result of a cyber attack.
    Comment 5: One commenter suggested removing the requirement in 
appendix G of 10 CFR part 73 regarding the recording of events in a 
safeguards event log. The commenter suggested licensees use the 
corrective action program instead of using a separate log. [NEI-18, 
194, 202]
    Response: The NRC agrees with this comment. The cyber security plan 
for each licensee describes the use of the corrective action program to 
track, trend, correct, and prevent recurrence of cyber security 
failures and deficiencies. Therefore, the cyber security event 
notification rule text (Sec.  73.77) has been revised to require 
licensees to use their corrective action program to record 
vulnerabilities, weaknesses, failures and deficiencies in their cyber 
security program. Regulatory Guide 5.83 has also been revised to 
reflect this change.
    Comment 6: The NRC received a comment regarding the use of the term 
``compensatory'' in the context of cyber security, stating that the 
term is unclear, and is not defined in the two cyber security plan 
(CSP) templates, Appendix A of RG 5.71, and Appendix A of NEI 08-09. 
[NEI-153, 165]

[[Page 67268]]

    Response: The NRC agrees with this comment. The term 
``compensatory'' is not defined in either CSP template or in other NRC 
guidance related to cyber security. Based on public comments, the NRC 
has developed a different approach for determining cyber security event 
notifications, one that is based on whether the cyber attack caused an 
adverse impact (or not) to SSEP functions. The final rule and RG 5.83 
have been revised to reflect this new approach.
    Comment 7: The NRC received one comment pertaining to use of the 
term ``uncompensated'' in the context of cyber security, stating that 
the term is unclear, and is not defined within the CSP. In addition, 
one of the commenters also stated that the term ``failure'' in the 
context of cyber security required clarification. [NEI-164, 207]
    Response: The NRC agrees with this comment. The terms 
``uncompensated'' and ``failure'' have been removed from the final rule 
language. Based on public comments, the NRC has developed a different 
approach for determining cyber security event notifications, one that 
is based on whether the cyber attack or event caused an adverse impact 
(or not) to SSEP functions. Regulatory Guide 5.83 has been revised to 
reflect this new approach.
    Comment 8: One commenter proposed changes to the rule language, 
paragraph I.(h)(1) in appendix G of 10 CFR part 73, adding the terms 
``credible,'' ``malicious,'' and ``radiological sabotage'' to add 
clarity. The commenter recommended rewriting the event to add in part, 
``a credible threat to commit or cause a malicious act to modify, 
destroy, or compromise any systems, networks, or equipment that falls 
within the scope of 10 CFR 73.54 of this part where a compromise of 
these systems has resulted or could result in radiological sabotage.'' 
[NEI-157, 206]
    Response: The NRC disagrees with this comment. Based on public 
comments, the NRC developed a different approach for determining cyber 
security event notifications, one that is based on whether a cyber 
attack caused an adverse impact (or not) to SSEP functions. This 
approach aligns more closely with Sec.  73.54 and the terms 
``credible,'' ``malicious,'' and ``radiological sabotage'' are not 
needed to provide clarity under this approach. Regulatory Guide 5.83 
has been revised to reflect this new approach.
    Comment 9: One commenter proposed revising the proposed rule 
language in paragraph I.(h)(2) in appendix G of 10 CFR part 73 to 
include language regarding the defense-in-depth protective strategies 
required by Sec.  73.54(c)(2). [NEI-158]
    Response: The NRC agrees with this comment. The NRC evaluated the 
proposed rule language and determined that items to be reported under 
this section are duplicative. Based on public comments, the NRC 
developed a different approach for determining cyber security event 
notifications, one based on whether the cyber attack caused an adverse 
impact (or not) to SSEP functions. Regulatory Guide 5.83 has been 
revised to reflect this approach.
    Comment 10: One commenter proposed language to paragraph I.(c)(1) 
in appendix G of 10 CFR part 73 to report only instances of suspicious 
or surveillance activity or attempts to access systems, networks, or 
equipment that is within the scope of Sec.  73.54. Additionally, the 
commenter recommended deleting proposed language that would include 
reporting of additional types of events like potential tampering or 
potential destruction of networks, systems, or equipment. [NEI-159]
    Response: The NRC disagrees with this comment. The commenter's 
reference to paragraph I.(c)(1) in appendix G of 10 CFR part 73 appears 
to be misquoted. The changes proposed by the commenter would amend 
paragraph II.(c)(1) in appendix G. The NRC believes that surveillance 
activities are captured within activities that indicate intelligence 
gathering or pre-operational planning and should be reported, and has 
made appropriate changes to this final rule. The NRC has clarified and 
relocated this requirement to the eight-hour notifications, now 
designated as Sec.  73.77(a)(3). Additionally, the NRC moved the 
reporting of potential tampering, or potential destruction of networks, 
systems or equipment from this requirement and they are now captured 
under Sec.  73.77(a)(1), (a)(2)(i), and (a)(2)(ii) of this final rule.
    Comment 11: One commenter indicated that paragraph I.(c)(2) in 
appendix G of 10 CFR part 73 in the proposed rule text should be 
completely removed because it duplicates other proposed rule text. 
[NEI-160]
    Response: The NRC agrees in part, with this comment. The 
commenter's reference to paragraph I.(c)(2) in appendix G of 10 CFR 
part 73 appears to be misquoted. The changes proposed by the commenter 
would amend paragraph II.(c)(2) in appendix G. The final rule text has 
been revised to remove all duplicative language and is aligned more 
closely with the requirements in Sec.  73.54 (i.e., adverse impacts to 
SSEP functions). This revised requirement is designated as Sec.  
73.77(a)(2)(i). Regulatory Guide 5.83 has been revised to reflect this 
change.
    Comment 12: One commenter proposed changes to paragraph III in 
appendix G of 10 CFR part 73 to clarify the language under eight-hour 
reportable events to be consistent with Sec.  73.54(c)(1), which 
implements security controls to protect CDAs and critical systems from 
cyber attacks. [NEI-162]
    Response: The NRC agrees in part, with this comment. Based on 
public comments, the NRC developed an approach that aligns more closely 
with Sec.  73.54. The implementation of security controls to protect 
CDAs from cyber attacks as described in Sec.  73.54(c)(1) is designed 
to prevent adverse impacts to SSEP functions. Therefore, in the final 
rule, a cyber attack that adversely impacted SSEP functions requires 
notification within one hour after discovery, and cyber attacks that 
could have caused an adverse impact to SSEP functions requires 
notification within four hours after discovery due to the potential 
consequences of these events. Regulatory Guide 5.83 has been revised to 
reflect this new approach.
    Comment 13: One commenter recommended adding ``that would'' to a 
proposed 24-hour recordable event provision in paragraph IV.(a)(2) in 
appendix G of 10 CFR part 73. Specifically, the commenter recommended 
that the proposed appendix G provision regarding compensated security 
events state in part as follows:

    (a) Any failure, degradation, or discovered vulnerability in a 
safeguards system, had compensatory measures not been established, 
that could . . . (2) Degrade the effectiveness of the licensee's or 
certificate holder's cyber security program that would allow 
unauthorized or undetected access to any systems, networks, or 
equipment that fall within the scope of Sec.  73.54 of this part.

The commenter stated that this re-worded provision would better align 
with another proposed provision in paragraph I.(h)(2) in appendix G of 
10 CFR part 73. [NEI-163]
    Response: The NRC disagrees with this comment. Adding the words, 
``that would'' to the rule text changes the context of the type of 
events that are required to be recorded. However, based on other public 
comments, the NRC re-evaluated the 24-hour recordable events for cyber 
security event notifications and developed an approach that aligns more 
closely with the CSP requirements. Under this approach, as reflected in 
the new Sec.  73.77(b)(1) provision being added as part of this

[[Page 67269]]

final rule, licensees will be required to use their corrective action 
program to record vulnerabilities, weaknesses, failures, and 
deficiencies in their cyber security program within twenty-four hours 
of their discovery. Regulatory Guide 5.83 has been updated to reflect 
this change.
    Comment 14: One commenter recommended revising the proposed rule 
language to align exactly with the rule language in Sec.  73.54(a)(2), 
which discusses protecting digital assets from cyber attacks that would 
adversely impact the operations of SSEP functions. Specifically, the 
commenter notes that the reporting rule text uses the word ``could'' 
instead of ``would.'' [NEI-168]
    Response: The NRC agrees in part, with this comment. The NRC agrees 
that the reporting rule text should align more closely with Sec.  
73.54. However, the NRC disagrees with changing the word ``could'' to 
``would,'' because these words are correctly used in their respective 
rules. Section 73.54 addresses hypothetical future cyber attacks that 
must be protected against, while this rule describes notifications that 
licensees are required to issue after an event has already occurred. 
Further, there are different types of cyber attacks that licensees are 
required to report. One type of attack required to be reported is a 
cyber attack that adversely impacted SSEP functions. This type of 
attack is to be reported within one-hour after discovery. Another type 
required to be reported is a cyber attack that could have caused an 
adverse impact to SSEP functions; this type of attack is to be reported 
within four-hours after discovery. The NRC has revised RG 5.83 to 
reflect this new approach that aligns more closely with Sec.  73.54 
regarding adverse impacts to SSEP functions.
    Comment 15: One commenter proposed deleting the requirement in 
paragraph II.(c)(2) in appendix G of 10 CFR part 73 because the 
commenter believes it is duplicated in paragraph I.(h)(2) in appendix 
G. [NEI-169]
    Response: The NRC agrees that the proposed paragraph II.(c)(2) in 
appendix G of 10 CFR part 73 is similar to paragraph I.(h)(2) in 
appendix G; therefore, the NRC has revised the final rule to make it 
clear exactly what types of cyber attacks are reported to the NRC. 
Specifically, the final rule language reflects a different approach for 
determining cyber security event notifications, eliminates duplicative 
requirements, and provides clarity based on whether the attack caused 
an adverse impact (or not) to SSEP functions. Regulatory Guide 5.83 has 
been revised to reflect this new approach.
    Comment 16: One commenter proposed rule language in paragraph 
I.(h)(2) in appendix G of 10 CFR part 73 that would change events that 
``could'' allow unauthorized or undetected access into systems, 
networks, or equipment to events that ``would'' allow unauthorized or 
undetected access into systems, networks, or equipment. [NEI-170]
    Response: The NRC disagrees with this comment, but has, for other 
reasons, revised the requirement in the final rule. The objective of 
this reporting requirement is not to have licensees confirm with the 
NRC that a cyber attack has occurred. Rather, the objective is to 
report conditions in which such an attack could have occurred. The NRC 
continues to believe that licensees should report events or 
circumstances that could have resulted in undetected or compromised 
conditions at the facility. However, the NRC staff evaluated the 
language in the proposed rule and determined that items reported under 
this section were duplicative and therefore removed this requirement 
from the final rule text. Regulatory Guide 5.83 was revised to reflect 
this change.
    Comment 17: One commenter recommended four and eight-hour 
notifications be consolidated into ``within 24-hours'' to mitigate 
event reporting violations. [B&W-30]
    Response: The NRC disagrees with this comment. The four and eight-
hour notifications include cyber attacks and activities (i.e., 
precursors to an attack) where the timeliness of information allows the 
NRC to conduct additional notifications (to DHS, other NRC licensees), 
assists the Federal Government and/or other NRC licensees to take 
mitigative measures to prevent a widespread cyber attack, and allows 
the NRC to respond to public and/or media inquiries. In addition, 
notifications to a local, State or other Federal agency is consistent 
with existing NRC regulations at Sec.  50.72(b)(2)(xi).
    Comment 18: One commenter recommended clarification on cyber 
security event notification requirements regarding exclusion of 
licensees not subject to Sec.  73.54. [NFS-11, 12]
    Response: The NRC agrees with this comment. The final rule text was 
revised and clarified to only apply to licensees subject to the 
provisions of Sec.  73.54.
    Comment 19: One commenter recommended that ``one-hour 
notifications'' should be related to a specific threat or attempted 
threat to the facility, and events that do not pose an actual threat 
should be ``eight-hour notifications.'' [NEI-22, 33]
    Response: The NRC disagrees with this comment. Based on public 
comments, the NRC developed a different approach for determining cyber 
security event notifications, one that is based on whether a cyber 
attack caused an adverse impact (or not) to SSEP functions. Cyber 
attacks that adversely impacted SSEP functions are now one-hour 
notifications. Cyber attacks that could have caused an adverse impact 
to SSEP functions are now four-hour notifications, and activities that 
may indicate intelligence gathering or pre-operational planning related 
to a cyber attack are now eight-hour notifications.
    Comment 20: One commenter recommended adding the word 
``malevolent'' to proposed requirements describing an unauthorized 
operation or tampering event to rule out human error events. [NEI-31, 
48]
    Response: The NRC disagrees with this comment. The word 
``malevolent'' is unnecessary because, under the new approach, 
notification of such events is not based on the intent of the act, but 
based on the potential consequences of the event (i.e., adverse impact 
(or not) to SSEP functions). No change has been made to the final rule 
based on this comment.
    Comment 21: One commenter recommended clarifying requirements 
regarding law enforcement interactions. The commenter recommended that 
notifications that could result in public or media inquiries should not 
duplicate notifications made under other NRC regulations such as Sec.  
50.72(b)(2)(xi). [NEI-35]
    Response: The NRC agrees with this comment. The final rule has been 
revised to eliminate duplication of notifications made under other NRC 
regulations. Regulatory Guide 5.83 has been revised to reflect this 
change.
    Comment 22: One commenter recommended clarification regarding 
retraction of reports determined later to be invalid. The commenter 
stated that the notification may not be invalid, but later be 
determined it does not meet the threshold of a one-, four-, or eight-
hour notification (i.e., recordable event). [NEI-40]
    Response: The NRC agrees with this comment. The final rule and RG 
5.83 have been revised to clarify that retraction of reports can 
include valid reports which later do not meet the threshold of a one-, 
four-, or eight-hour notification.
    Comment 23: One commenter recommended adding the term ``malicious 
intent'' to each of the eight-

[[Page 67270]]

hour reportable events regarding unauthorized operation or tampering 
events. [NEI-53, 112]
    Response: The NRC disagrees with this comment. The term ``malicious 
intent'' is unnecessary because, under the new approach, notification 
of such events is not based on the intent of the act, but based on the 
potential consequences of the event (i.e., adverse impact (or not) to 
SSEP functions).
    Comment 24: One commenter recommended that cyber attack reporting 
needs to be synchronized with NEI 08-09 and RG 5.71 to ensure reporting 
criteria are well-defined. [NEI-69]
    Response: The NRC agrees with this comment. The final rule reflects 
an approach that aligns more closely with Sec.  73.54 and RG 5.71 and 
provides additional clarity on cyber security event notification 
criteria (i.e., adverse impact to SSEP functions). Regulatory Guide 
5.83 has also been revised to reflect this new approach.
    Comment 25: One commenter recommended deleting the requirements and 
guidance for written follow-up reports on several reporting events 
(four and eight-hour notifications). [NEI-117]
    Response: The NRC disagrees with this comment. Submission of 
written follow-up reports is consistent with existing NRC regulations 
and provides the NRC with information that may not have been available 
at the time of the notification.
    Comment 26: One commenter recommended that the final rule require 
licensees to notify their local FBI Joint Terrorism Task Force (JTTF) 
of suspicious events as contained in voluntary guidance documents and 
eliminate or reduce the timeliness of reporting such events to the NRC. 
[Hardin-3]
    Response: The NRC disagrees with this comment. The reporting of 
events to the FBI JTTF is voluntary and as such, does not have a 
timeliness requirement. This final rule requires notification to the 
NRC within a stated time for activities that may indicate intelligence 
gathering or pre-operational planning related to a cyber attack. 
Notifications of activities that may indicate intelligence gathering or 
pre-operational planning related to a cyber attack will be evaluated 
and forwarded as appropriate by the NRC to federal law enforcement 
agencies and the intelligence community as part of the National threat 
assessment process.

B. Public Comments on Draft Guide-5019

    Comment 1: One commenter proposed removing the terms such as 
``could,'' ``likelihood,'' and ``likely to'' from DG-5019. [NEI-21, 
166]
    Response: The NRC disagrees with this comment. The use of the terms 
``could,'' ``likelihood,'' and ``likely to'' within DG-5019 is 
consistent with existing NRC reporting guidelines (NUREG-1022, ``Event 
Report Guidelines for 10 CFR 50.72 and 50.73'' (ADAMS Accession No. 
ML13032A220)).
    Comment 2: One commenter proposed revising section 2.3.2, item r, 
of DG-5019 to include, ``Confirmed cyber attacks on computer systems 
that adversely affected safety, security, and emergency preparedness 
systems are reportable'' instead of, ``may adversely affect'' and 
removing item aa of section 2.3.2 due to redundancy. [NEI-171]
    Response: The NRC agrees with this comment. The staff evaluated 
both items in section 2.3.2 of DG-5019 and revised RG 5.83 to reflect 
the proposed changes.
    Comment 3: One commenter proposed revising section 2.3.2, item 
bb.(2), of DG-5019 to include the word ``cyber'' before security 
program and security measures. [NEI-172]
    Response: The NRC agrees with this comment, yet has, for other 
reasons removed this material from the final guidance. The final 
guidance reflects changes made to the final rule that aligns more 
closely with Sec.  73.54 (i.e., adverse impacts to SSEP functions), and 
in the process, the NRC staff determined that item bb.(4) was no longer 
required.
    Comment 4: One commenter proposed revising section 2.3.2, item 
bb.(3), of DG-5019 to state that events caused inadvertently by an 
individual and not resulting in a threat to facility security, would be 
a recordable event, and events caused by a cyber attack resulting in an 
adverse impact to SSEP functions would be a one-hour reportable event. 
[NEI-173]
    Response: The NRC agrees with this comment. The item was revised in 
RG 5.83 to distinguish recordable inadvertent non-threatening events 
from those cyber attacks causing adverse impacts, which are one-hour 
notifications.
    Comment 5: One commenter recommended moving section 2.3.2, item 
bb.(4) from (one-hour notification examples) to section 2.6.2 (eight-
hour notification examples) in DG-5019 regarding attempts by 
unauthorized persons. [NEI-174]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, removed this material from the final guidance. The final 
guidance reflects changes made to the final rule that aligns more 
closely with Sec.  73.54 (i.e., adverse impacts to SSEP functions), and 
in the process, staff determined that item bb.(4) was no longer 
required.
    Comment 6: One commenter recommended moving section 2.3.2, item 
bb.(5), (one-hour notification examples) to section 2.6.2 (eight-hour 
notification examples) in DG-5019 regarding cyber attacks thwarted by 
security controls. [NEI-175]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, removed this material from the final guidance. The final 
guidance reflects changes made to the final rule that aligns more 
closely with Sec.  73.54 (i.e., adverse impacts to SSEP functions), and 
in the process, staff determined that item bb.(5) was no longer 
required.
    Comment 7: One commenter proposed removing the terms ``unauthorized 
software'' and ``firmware'' from section 2.3.2, item cc, because of 
redundancy with the term malware. [NEI-176]
    Response: The NRC disagrees with this comment, but for other 
reasons, the guidance has been revised. There is a difference between 
malware, and unauthorized software, or firmware, and therefore there is 
no redundancy. However, the staff re-evaluated the language and 
determined the example is not consistent with Sec.  73.54 and RG 5.71. 
Therefore, the example was not included in RG 5.83.
    Comment 8: One commenter proposed changes to section 2.3.2, item 
dd, of DG-5019 where the result was changed from compromising the CDA 
to an adverse impact to SSEP functions. [NEI-177]
    Response: The NRC agrees with the proposed changes to the item; 
however, due to changes in the final rule language, this item was 
clarified and moved to a four-hour notification example within RG 5.83.
    Comment 9: One commenter recommended removing section 2.3.2, item 
ee, of DG-5019, because there are no NRC regulations covering 
``sensitive cyber security data.'' [NEI-178]
    Response: The NRC agrees with this comment. The item has been 
removed from RG 5.83.
    Comment 10: One commenter recommended clarifying section 2.3.2, 
item ff, of DG-5019, and proposed the term ``cyber intrusion detection 
capability'' instead of the term ``cyber intrusion detection system.'' 
[NEI-179]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, removed this material from the final guidance. The item was 
not included in RG 5.83 because it was not consistent with Sec.  73.54 
and RG 5.71.
    Comment 11: One commenter recommended section 2.3.2, item hh, of

[[Page 67271]]

DG-5019 be revised to be consistent with Sec.  73.54(a)(2) by removing 
the term uncompensated. [NEI-181]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, removed this material from the final guidance. The staff 
reviewed the item and determined it was not consistent with 10 CFR 
73.54 and RG 5.71 and removed it from RG 5.83.
    Comment 12: The NRC received several comments regarding redundant 
material within section 2.3.2., item hh, of DG-5019. [NEI-180, 182, 
185]
    Response: The NRC agrees with this comment. Staff removed items gg, 
ii and ll from section 2.3.2 in RG 5.83 because they were redundant 
with item hh regarding unauthorized access to CDAs.
    Comment 13: One commenter recommended moving section 2.3.2, item 
jj, of DG-5019 from the one-hour notification examples to the four-hour 
notification examples in section 2.5.2 regarding discovery of falsified 
identification badges. [NEI-183]
    Response: The NRC agrees in part with this comment, that the item 
should be moved. However, under the new approach, this item is 
consistent with eight-hour notifications (i.e., activities that may 
indicate intelligence gathering or pre-operational planning related to 
a cyber attack) and was moved in final guidance to the eight-hour 
notification examples.
    Comment 14: One commenter recommended revising section 2.3.2, item 
kk, of DG-5019 replacing the term ``could'' with ``would.'' [NEI-184]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, removed this material from the final guidance. The NRC staff 
re-evaluated this item, determined it was not consistent with the final 
rule, and deleted it from RG 5.83.
    Comment 15: One commenter recommended removing section 2.3.2, item 
mm, of DG-5019 because it duplicates 2.3.2, item y, regarding 
safeguards reporting requirements. [NEI-186]
    Response: The NRC agrees with this comment. The item has been 
removed from RG 5.83.
    Comment 16: One commenter recommended removing section 2.3.2, item 
nn, of DG-5019 because there are no NRC requirements for maintaining 
cyber security response personnel staffing levels. [NEI-187]
    Response: The NRC agrees with this comment. The item has been 
removed from RG 5.83.
    Comment 17: One commenter recommended revising section 2.3.2, item 
oo, of DG-5019 to change the phrase, ``could increase the likelihood of 
an attempted attack'' to the phrase, ``would result in an attack.'' 
[NEI-188]
    Response: The NRC disagrees with this comment, yet has, for other 
reasons, revised this material in the final guidance. This item has 
been revised in RG 5.83 to include any event that allows unauthorized 
or undetected access to a CDA that could be exploited in an attack to 
be reported within four hours of discovery.
    Comment 18: One commenter recommended adding new examples to 
sections 2.3.2 and 2.5.2 of DG-5019. One example, (section 2.3.2) 
involved discovery of unauthorized user IDs and unauthorized 
configurations to cyber controls (e.g., firewall port opening, etc.). 
The other example (section 2.5.2) involved unauthorized attempts to 
probe CDAs including the use of social engineering techniques. [NEI-
189, 190]
    Response: The NRC agrees with the examples provided, and based on 
final rule text changes (cyber attacks initiated by personnel with 
physical or electronic access and activities that may indicate pre-
operational planning), these items were included in RG 5.83.
    Comment 19: One commenter recommended revising section 2.5.2, item 
kk, of DG-5019 to include the word cyber before the term security 
controls. [NEI-191]
    Response: The NRC agrees with this comment. The item was revised in 
RG 5.83 to include the word cyber before security controls.
    Comment 20: One commenter recommended removing section 2.5.2, item 
mm, of DG-5019 because it is redundant to section 2.5.2, item kk. [NEI-
192]
    Response: The NRC agrees with this comment. The item has been 
removed from RG 5.83.
    Comment 21: One commenter recommended revising section 2.5.2, item 
oo, of DG-5019 to add Levels 3 and 4 to the description so the item is 
consistent with the definition provided in the glossary for a CDA. 
[NEI-193]
    Response: The NRC disagrees with this comment, but for other 
reasons has revised the final guidance. The definition of a CDA in RG 
5.83 was revised for consistency with the definition provided in RG 
5.71.
    Comment 22: One commenter recommended revising section 2.5.2, item 
qq, of DG-5019 or removing it altogether because reporting the high 
number of malware attempts on lower security level networks that do not 
have the degree of protection of CDAs would be burdensome on the NRC 
and the licensee. [NEI-195]
    Response: The NRC agrees with this comment. Based on final rule 
text changes, this item was revised in RG 5.83 narrowing the scope to 
attacks discovered or manifested on a CDA, critical system or protected 
network reducing the number of potential notifications on the licensee 
and the NRC.
    Comment 23: One commenter recommended revising section 2.5.2, item 
rr, of DG-5019 to clarify the term ``cyber systems.'' [NEI-196]
    Response: The NRC agrees with this comment. In RG 5.83 this item 
was revised for consistency with RG 5.71 and uses the terms ``critical 
systems'' and ``CDAs.''
    Comment 24: One commenter recommended removing the 15-minute 
reference in section 2.5.2, item ss, of DG-5019. [NEI-197]
    Response: The NRC agrees with this comment. The final rule text 
does not contain any 15-minute notifications related to cyber security, 
and therefore, this item was revised in the final guidance to a four-
hour notification example.
    Comment 25: One commenter recommended revising or removing the 
paragraph before section 2.6.2, item h, in DG-5019 regarding cyber 
security events that interrupt or degrade the facility's SSEP 
functions. [NEI-198]
    Response: The NRC agrees with this comment, yet has, for other 
reasons removed this material from the final guidance. The final 
guidance reflects changes made to the final rule that aligns more 
closely with Sec.  73.54 (i.e., adverse impacts to SSEP functions), and 
in the process, staff determined that this item was no longer required.
    Comment 26: One commenter recommended revising section 2.6.2, item 
I, of DG-5019. The commenter recommended removing the term ``failed'' 
because a CDA could fail for non-malicious reasons and not be the 
result of a cyber attack or unauthorized activity. [NEI-199]
    Response: The NRC agrees with this comment. There are many reasons 
a critical digital asset can fail that are not related to unauthorized 
activity or cyber attacks. Regulatory Guide 5.83 has been revised to 
reflect this change.
    Comment 27: One commenter recommended revising section 5.3, item n, 
of DG-5019 because the term ``compensated'' is not defined. [NEI-200]
    Response: The NRC agrees with this comment. This item was removed 
from RG 5.83.
    Comment 28: One commenter recommended clarifying section 5.3, item 
o, of DG-5019 regarding individuals who are incorrectly authorized 
access to a CDA. [NEI-201]

[[Page 67272]]

    Response: The NRC agrees with this comment. This item was removed 
from RG 5.83.
    Comment 29: One commenter recommending adding items to section 5.3 
of DG-5019 to include examples of cyber events that are compensated as 
proposed by paragraph IV.(a) in appendix G of 10 CFR part 73. [NEI-203]
    Response: The NRC disagrees with this comment. The final rule 
language reflects a different approach, one based on whether the cyber 
attack or event caused an adverse impact (or not) to SSEP functions, 
instead of whether the cyber attack or event was compensated or 
uncompensated. Regulatory Guide 5.83 has been revised to reflect this 
new approach.
    Comment 30: One commenter recommended changes to the definitions 
provided in the glossary of DG-5019. The commenter proposed changing 
``cyber attack'' to be consistent with the definition provided in NEI 
08-09 and changing ``CDA'' to only include digital computer, 
communication systems, and networks that fall within level 3 or 4 
boundaries as well as a general comment that all definitions in the 
glossary be synchronized with code requirements and regulatory guides. 
[NEI-138, 204, 205]
    Response: The NRC agrees in part with this comment. The definitions 
of cyber attack and CDA in RG 5.83 have been revised to synchronize 
with the definitions in RG 5.71, not NEI 08-09.
    Comment 31: Two commenters proposed a definition of the term 
``discovery time of'' in DG-5019. The commenters suggested discovery 
occurs after initial notifications are made and a determination made 
that the event meets applicable reporting requirements. [NEI-19, B&W-
29]
    Response: The NRC disagrees with this comment. Internal 
notifications and gathering information to make a determination as to 
whether it meets applicable reporting requirements could take several 
hours, or even days, depending on the amount of information needed to 
reach a conclusion. The time to report an event is upon recognition; 
the licensee can withdraw a report (based on subsequent analysis of the 
circumstances) without prejudice to its security performance 
indicators. No changes have been made to the guidance.
    Comment 32: One commenter stated that the cyber security plan 
templates published by the NRC and NEI do not contain guidance for 
licensees to differentiate between events that are recordable versus 
reportable. [NEI-20, 154]
    Response: The NRC agrees with this comment. Neither cyber security 
plan template issued by the NRC or NEI contains guidance for licensees 
on which events are recordable or reportable. However, DG-5019 provided 
guidance to licensees on events that are reportable and recordable 
related to cyber security event notifications. Consistent with 
Commission policy, the NRC is publishing with this final rule, final 
guidance, RG 5.83, ``Cyber Security Event Notifications,'' which 
provides guidance to licensees on an acceptable method for meeting 
regulatory requirements. The final guidance has been revised to provide 
examples that differentiate between events that are reportable and 
recordable.
    Comment 33: One commenter recommended revisions to NRC Form 366. 
The commenter recommended the NRC specify the type of content licensees 
should include in the abstract section of the form. [NEI-44, 118]
    Response: The NRC disagrees with this comment. The NRC's Form 366 
will not be revised. Regulatory Guide 5.83 will provide the specific 
type of content that should be included in the abstract section of 
NRC's Form 366.
    Comment 34: One commenter recommended clarifying the guidance 
regarding elicitation of information from facility personnel relating 
to security or safe operation of the facility. The commenter suggested 
adding the phrase ``non-routine'' regarding the elicitation of 
information to distinguish general public or media inquiries from 
elicitations that could be indicative of suspicious activity. [NEI-52, 
95, 99]
    Response: The NRC agrees with this comment. Regulatory Guide 5.83 
has been revised to provide a distinction between common inquiries 
(e.g., public and media inquiries) and uncommon inquiries (e.g., 
activities that may indicate intelligence gathering or pre-operational 
planning related to a cyber attack).
    Comment 35: One commenter recommended clarifying the examples of 
one-hour notifications and including ``real life'' examples. [NEI-71]
    Response: The NRC agrees with this comment. The NRC staff reviewed 
previous ``real life'' examples and included them in final guidance. In 
addition, the new approach for one-hour notifications (i.e., adverse 
impacts to SSEP functions) provides additional clarity.
    Comment 36: One commenter recommended changes to the examples 
involving the compromise of CDAs. The commenter stated that section 
2.3.2 of DG-5019, items (aa) and (bb) were duplicative, and that two 
supporting examples (4 and 5) were not within the scope of one-hour 
notifications (i.e., adverse impact to SSEP functions). [NEI-94]
    Response: The NRC agrees with this comment. Regulatory Guide 5.83 
has been revised to delete one of the duplicate items and to remove the 
two supporting examples from the remaining item.
    Comment 37: One commenter recommended moving an example related to 
unauthorized attempts to steal business secrets or sensitive 
information to the cyber security event notification examples. [NEI-
100]
    Response: The NRC disagrees with this comment. The final rule 
reflects an approach that aligns more closely with Sec.  73.54 and RG 
5.71, and provides clarity to cyber security event notification 
criteria. Unauthorized attempts to access business and trade sensitive 
information is outside the scope of Sec.  73.54, and no changes to the 
rule or RG 5.83 were made based on this comment
    Comment 38: One commenter recommended clarifying the example 
regarding unsubstantiated cyber threats related to harassment, 
including threats that could represent tests of response capabilities. 
The commenter stated the example was confusing and too broad in scope. 
[NEI-111]
    Response: The NRC agrees with this comment. The NRC has revised the 
example to clarify the scope of the cyber attacks to be reported (i.e., 
a cyber attack that could have caused an adverse impact to SSEP 
functions).
    Comment 39: One commenter requested NRC clarify the guidance on 
unplanned missed cyber vulnerability assessments. [NEI-131]
    Response: The NRC agrees with this comment. Regulatory Guide 5.83 
was revised to clarify the treatment of missed cyber vulnerability 
assessments. The CSP states the periodicity that cyber vulnerability 
assessments are performed (quarterly). If a cyber vulnerability 
assessment exceeds the periodicity specified in the CSP, it would be 
considered a 24-hour recordable event.

C. Public Comments on Proposed Implementation Date From July 31, 2014, 
Public Meeting

    Comment 1: One commenter raised a concern that by issuing the Cyber 
Security Event Notifications (CSEN) final rulemaking now it may delay 
full implementation of Sec.  73.54 because of the impact on resources. 
The commenter stated that licensees may have to divert some resources 
from implementing the cyber security

[[Page 67273]]

program to implementing the CSEN requirements.
    Response: The NRC agrees in part with this comment. The NRC staff 
recognizes that this rule will have an impact on licensee resources 
(similar skillsets required for CSEN and cyber security program 
implementation). The NRC staff acknowledges this and is conducting CER 
related activities in an effort to minimize the impact (e.g., 
conducting a public meeting on the implementation date during final 
rulemaking, issuing final guidance with the final rule). In addition, 
the CSEN final rule is consistent with existing notification processes 
(i.e., Sec. Sec.  50.72 and 73.71) and aligns closely with Sec.  73.54 
and the current voluntary reporting initiatives thereby reducing the 
level of impact on implementation. However, the CSEN final rule removes 
the voluntary aspect of reporting certain cyber security events and 
provides regulatory stability and ensures the NRC is notified in a 
timely manner while maintaining its strategic communications mission 
outlined in the framework of the National Infrastructure Protection 
Plan developed by the DHS (see http://www.dhs.gov/sites/default/files/publications/National-Infrastructure-Protection-Plan-2013-508.pdf). 
Prompt notification of a cyber attack could be vital to the NRC's 
ability to take immediate action in response to a cyber attack and, if 
necessary, to notify other NRC licensees, Government agencies, and 
critical infrastructure facilities, to defend against a multiple sector 
cyber attack. A cyber attack has the capability to be launched against 
multiple targets simultaneously or spread quickly throughout multiple 
sectors of critical infrastructure; therefore, the NRC has not changed 
the 180-day implementation schedule.

V. Section-by-Section Analysis

    The following section-by-section analysis discusses the final 
revisions to the NRC's regulations regarding cyber security, and 
explains how the final rule differs from the language in the proposed 
rule. This final rule adds a new section (Sec.  73.77) to 10 CFR part 
73 and revises three existing sections (Sec. Sec.  73.8, 73.22, and 
73.54) to make conforming changes.

Section 73.8, Information Collection Requirements: OMB Approval

    The NRC is amending Sec.  73.8 to add Sec.  73.77 to paragraph (b) 
that provides the approved information collection requirements 
contained in 10 CFR part 73 under control number 3150-0002. In 
addition, the NRC is amending Sec.  73.8 to add Sec.  73.77 to 
paragraph (c)(1) that provides that NRC Form 366 is approved under 
control number 3150-0104.

Section 73.22, Protection of Safeguards Information: Specific 
Requirements

    The NRC is amending Sec.  73.22(f)(3) to add the sentence, ``Cyber 
security event notifications required to be reported pursuant to Sec.  
73.77 are considered to be extraordinary conditions'' to the end of the 
paragraph.

Section 73.54, Protection of Digital Computer and Communication Systems 
and Networks

    The NRC is amending Sec.  73.54 to add a new paragraph (d)(4) that 
reads, ``Conduct cyber security event notifications in accordance with 
the provisions of Sec.  73.77.'' This new requirement guides the 
licensee to the correct 10 CFR part 73 section for conducting cyber 
security event notifications.

Section 73.77, Cyber Security Event Notifications

    The NRC has moved cyber security event notifications requirements 
that were proposed to be added to Sec.  73.71 and appendix G to a newly 
created section (Sec.  73.77) within 10 CFR part 73.
    Section 73.77(a)(1) requires licensees to notify the NRC within 
one-hour after discovery of a cyber attack that adversely impacted 
safety-related or important-to-safety functions, security functions, or 
emergency preparedness functions (including offsite communications); or 
that compromised support systems and equipment resulting in adverse 
impacts to safety, security, or emergency preparedness functions within 
the scope of Sec.  73.54. This requirement differs from the proposed 
rule language, it has been revised to more closely align with Sec.  
73.54 and to remove the term ``uncompensated cyber security events'' 
because it was unclear and not defined within the CSP.
    Section 73.77(a)(2) requires licensees to notify the NRC within 
four-hours.
    Section 73.77(a)(2)(i) after discovery of a cyber attack that could 
have caused an adverse impact to safety-related or important-to-safety 
functions, security functions, or emergency preparedness functions 
(including offsite communications); or that could have compromised 
support systems and equipment, which if compromised, could have 
adversely impacted safety, security, or emergency preparedness 
functions within the scope of Sec.  73.54. This requirement differs 
from the proposed rule; it has been revised to more closely align with 
Sec.  73.54. In addition, the final rule distinguishes between four-
hour and eight-hour notifications.
    Section 73.77(a)(2)(ii) after discovery of a suspected or actual 
cyber attack initiated by personnel with physical or electronic access 
to digital computer and communication systems and networks within the 
scope of Sec.  73.54. This requirement differs from the proposed rule; 
it has been revised to capture cyber attacks (e.g., tampering) that may 
not have any impact on SSEP functions, but may indicate an internal 
threat.
    Section 73.77(a)(2)(iii) after notification of a local, State, or 
other Federal agency (e.g., local law enforcement, FBI, etc.) of an 
event related to implementation of their cyber security program. The 
final rule includes other types of agencies besides law enforcement 
(e.g., DHS, etc.) to maintain consistency with existing NRC reporting 
requirements (e.g., Sec.  50.72).
    Section 73.77(a)(3) requires licensees to notify the NRC within 
eight-hours after receipt or collection of information regarding 
observed behavior, activities, or statements that may indicate 
intelligence gathering or pre-operational planning related to a cyber 
attack against digital computer and communication systems and networks 
within the scope of Sec.  73.54. Requirements for ``suspicious cyber 
events'' have been revised and moved from four-hour notifications in 
the proposed rule to eight-hour notifications in the final rule. This 
requirement now captures activities that are associated with precursors 
to a cyber attack (e.g., activities related to intelligence gathering 
or pre-operational planning).
    Section 73.77(b) requires licensees to record certain cyber 
security events in their site corrective action program (CAP) within 
24-hours of their discovery. The proposed rule required licensees to 
use a Safeguards Event Log; to prevent duplication of effort, the final 
rule requires licensees to use their site CAP.
    Section 73.77(b)(1) requires licensees to use their site CAP to 
record vulnerabilities, weaknesses, failures, and deficiencies in their 
Sec.  73.54 cyber security program. This requirement has been revised 
to align with NRC physical protection program requirements in Sec.  
73.55(b)(10) regarding the use of the site CAP to track, trend, 
correct, and prevent recurrence of failures and deficiencies.
    Section 73.77(b)(2) requires licensees to record notifications made 
under paragraph (a) of Sec.  73.77.

[[Page 67274]]

    Section 73.77(c) provides the process for conducting cyber security 
event notifications.
    Section 73.77(c)(1) has been revised from the proposed rule to 
include the Emergency Notification System (ENS) as the primary means 
for conducting notifications, instead of any available telephone 
system. Using the ENS is consistent with existing NRC regulations for 
conducting notifications (e.g., Sec.  50.72).
    Section 73.77(c)(3) in the final rule was revised to remove a 
reference to paragraph III in appendix A of 10 CFR part 73 that 
provided instructions on requesting a transfer to a secure phone. The 
current appendix A in 10 CFR part 73 does not contain a paragraph III 
and conforming changes to appendix A are not part of this final rule. 
Section 73.77(c)(3) was revised to reference appendix A and request 
transfer to a secure phone.
    Sections 73.7(c)(6), ``Declaration of emergencies,'' and 
73.77(c)(7), ``Elimination of duplication,'' were moved in the final 
rule from the ``Written Security Follow-up Reports'' section into the 
``Notification Process'' section because they contain notification-
specific information. In addition, due to the narrowed scope of this 
final rule, the proposed rule referenced several sections of the NRC's 
regulations (e.g., Sec.  70.50) that are not being revised by this 
final rule.
    Section 73.77(d), ``Written security follow-up reports,'' 
establishes the necessary regulatory framework to facilitate consistent 
application of Commission requirements for written security follow-up 
reports for cyber security event notifications.

VI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this rule does not have a significant economic impact on 
a substantial number of small entities. This final rule affects only 
the licensing and operation of nuclear power plants. The companies that 
own these plants do not fall within the scope of the definition of 
``small entities'' set forth in the Regulatory Flexibility Act or the 
size standards established by the NRC (10 CFR 2.810).

VII. Regulatory Analysis

    The NRC has prepared a final regulatory analysis for this final 
rule. The analysis examines the costs and benefits of the alternatives 
considered by the NRC. The regulatory analysis is available as 
indicated in Section XVII., ``Availability of Documents,'' of this 
document.

VIII. Backfitting and Issue Finality

    The final rule imposing new cyber security event notifications 
affects information collection and reporting requirements and is not 
considered to be a backfit, as presented in the charter for NRC's 
Committee to Review Generic Requirements. Therefore, a backfit analysis 
has not been completed for any of the provisions of this final rule.

IX. Cumulative Effects of Regulation

    While the proposed rule was issued prior to the formal CER 
requirements promulgated by SRM-SECY-0032, the intent of CER was still 
met. For example, the draft guidance was issued for comment concurrent 
with the proposed rule, a public meeting was conducted during the 
development of the proposed rule, a public meeting on implementation 
was conducted during the final rule stage, and the final guidance will 
be issued with the final rule.
    The NRC staff engaged external stakeholders at public meetings and 
by soliciting public comments on the proposed rule and draft guidance 
documents. A public meeting was held at NRC Headquarters on June 1, 
2011, to discuss the proposed rule, the draft implementation plan, and 
draft guidance.
    In addition, on July 31, 2014, a public meeting was held at the NRC 
Headquarters on the draft final implementation plan for the final rule 
(a type of meeting specifically contemplated by the NRC's CER effort). 
Prompt notification of a cyber attack is vital to the NRC's ability to 
take immediate action in response to a cyber attack, which contributes 
to protecting the public health and safety or the common defense and 
security. The NRC's strategic communications mission and the feedback 
from the public meetings informed the staff's recommended schedule for 
the final implementation date in the CSEN final rule.
    A fundamental CER process improvement is to publish the final 
guidance with the final rule so as to support effective implementation. 
This final rulemaking accomplishes this by ensuring that final guidance 
is complete and available concurrent with this final rule publication 
in the Federal Register.

X. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

XI. Environmental Assessment and Final Finding of No Significant 
Environmental Impact

    The NRC has determined that this final rule is the type of action 
described in 10 CFR 51.22(c)(3)(iii). Therefore, neither an 
environmental impact statement nor environmental assessment has been 
prepared for this final rule.

XII. Paperwork Reduction Act

    This final rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). These requirements were approved by the 
Office of Management and Budget (OMB), approval number 3150-0230 and 
3150-0104.
    The burden to the public for these information collections is 
estimated to average 39.4 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. Send comments on any aspect of these 
information collections, including suggestions for reducing the burden, 
to the Freedom of Information Act, Privacy, and Information Collections 
Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, or by email to [email protected] and to the 
Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202, 
(3150-0230 and 3150-0104), Office of Management and Budget, Washington, 
DC 20503 or by email to [email protected].

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

XIII. Congressional Review Act

    In accordance with the Congressional Review Act of 1996 (5 U.S.C. 
801-808), the NRC has determined that this action is not a major rule 
and has verified this determination with the Office of Information and 
Regulatory Affairs of OMB.

XIV. Criminal Penalties

    For the purposes of Section 223 of the Atomic Energy Act of 1954, 
as amended

[[Page 67275]]

(AEA), the NRC is issuing this final rule that would amend Sec. Sec.  
73.8, 73.22, and 73.54, and add Sec.  73.77 under one or more of 
Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule 
would be subject to criminal enforcement. Criminal penalties as they 
apply to regulations in 10 CFR part 73 are discussed in Sec.  73.81(a).

XV. Compatibility of Agreement State Regulations

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs,'' approved by the Commission on June 20, 
1997, and published in the Federal Register (62 FR 46517; September 3, 
1997), this rule is classified as compatibility ``NRC.'' Compatibility 
is not required for Category ``NRC'' regulations. The NRC program 
elements in this category are those that relate directly to areas of 
regulation reserved to the NRC by the AEA or the provisions of 10 CFR, 
and although an Agreement State may not adopt program elements reserved 
to the NRC, it may wish to inform its licensees of certain requirements 
via a mechanism that is consistent with a particular State's 
administrative procedure laws, but does not confer regulatory authority 
on the State.

XVI. Availability of Guidance

    The NRC is issuing implementation guidance for this rule, RG 5.83, 
``Cyber Security Event Notifications'' (Docket ID NRC-2014-0036). The 
guidance is available in ADAMS under Accession No. ML14269A388. 
Regulatory Guide 5.83 is intended to describe a proposed method that 
the NRC staff considers acceptable for use in complying with the NRC's 
regulations on cyber security event notifications. Because the 
regulatory analysis for the final rule provides sufficient explanation 
for the rule and the implementing guidance, a separate regulatory 
analysis was not prepared for the regulatory guide.

XVII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through the following methods, as indicated.

------------------------------------------------------------------------
                                         ADAMS  Accession No./ Federal
               Document                     Register  (FR) citation
------------------------------------------------------------------------
SECY-10-0085--Proposed Rule:           ML101110121
 ``Enhanced Weapons, Firearms
 Background Checks and Security Event
 Notifications'' (RIN: 3150-AI49)
 (June 27, 2010).
Staff Requirements--SECY-10-0085--     ML102920342
 Proposed Rule: Enhanced Weapons,
 Firearms Background Checks and
 Security Event Notifications (RIN:
 3150-AI49) (October 19, 2010).
Proposed Enhanced Weapons, Firearms    76 FR 6199
 Background Checks, and Security
 Event Notifications Rule (February
 3, 2011).
DG-5019, ``Reporting and Recording     76 FR 6085
 Safeguards Events'' (February 3,
 2011).
Summary of the June 1, 2011, Public    ML111720007
 Meeting to Discuss the Proposed
 Enhanced Weapons, Firearms
 Background Checks and Security Event
 Notifications Rulemaking (June 24,
 2011).
Bifurcation of the Enhanced Weapons,   ML13280A366
 Firearms Background Checks, and
 Security Event Notifications Rule
 (December 20, 2013).
Staff Requirements--COMSECY-13-0031--  ML14023A860
 Bifurcation of the Enhanced Weapons,
 Firearms Background Checks, and
 Security Event Notification Rule
 (January 22, 2014).
Regulatory Analysis for Final Rule on  ML14170B076
 Cyber Security Event Notifications
 (10 CFR Part 73).
Summary of the July 31, 2014, Public   ML14240A404
 Meeting to Discuss the Proposed
 Implementation Date of the Draft
 Cyber Security Event Notification
 Final Rule (August 29, 2014).
Regulatory Guide 5.83, ``Cyber         ML14269A388
 Security Event Notifications''
 (March 2015).
CSEN Public Comments Associated with   ML14226A596
 Final Rule.
Final Rule: Cyber Security Event       ML15203A233
 Notification OMB Supporting
 Statement.
------------------------------------------------------------------------

List of Subjects for 10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Incorporation by reference, Imports, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Penalties, Reporting and 
recordkeeping requirements, Security measures.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
1. The authority citation for part 73 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 
2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 
5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.

    Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-295, 
94 Stat. 789 (42 U.S.C. 5841 note).

0
2. In Sec.  73.8, revise paragraphs (b) and (c)(1) to read as follows:


Sec.  73.8  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Sec. Sec.  73.5, 73.20, 73.21, 73.24, 73.25, 73.26, 
73.27, 73.37, 73.38, 73.40, 73.45, 73.46, 73.50, 73.54, 73.55, 73.56, 
73.57, 73.58, 73.60, 73.67, 73.70, 73.71, 73.72, 73.73, 73.74, 73.77 
and appendices B, C, and G to this part.
    (c) * * *
    (1) In Sec. Sec.  73.71 and 73.77, NRC Form 366 is approved under 
control number 3150-0104.
* * * * *

0
3. In Sec.  73.22, add a sentence to the end of paragraph (f)(3) to 
read as follows:


Sec.  73.22  Protection of Safeguards Information: Specific 
requirements.

* * * * *
    (f) * * *
    (3) * * * Cyber security event notifications required to be 
reported pursuant to Sec.  73.77 are considered to be extraordinary 
conditions.
* * * * *

0
4. In Sec.  73.54, add paragraph (d)(4) to read as follows:


Sec.  73.54  Protection of digital computer and communication systems 
and networks.

* * * * *
    (d) * * *
    (4) Conduct cyber security event notifications in accordance with 
the provisions of Sec.  73.77.
* * * * *

0
5. Add Sec.  73.77 to read as follows:

[[Page 67276]]

Sec.  73.77  Cyber security event notifications.

    (a) Each licensee subject to the provisions of Sec.  73.54 shall 
notify the NRC Headquarters Operations Center via the Emergency 
Notification System (ENS), in accordance with paragraph (c) of this 
section:
    (1) Within one hour after discovery of a cyber attack that 
adversely impacted safety-related or important-to-safety functions, 
security functions, or emergency preparedness functions (including 
offsite communications); or that compromised support systems and 
equipment resulting in adverse impacts to safety, security, or 
emergency preparedness functions within the scope of Sec.  73.54.
    (2) Within four hours:
    (i) After discovery of a cyber attack that could have caused an 
adverse impact to safety-related or important-to-safety functions, 
security functions, or emergency preparedness functions (including 
offsite communications); or that could have compromised support systems 
and equipment, which if compromised, could have adversely impacted 
safety, security, or emergency preparedness functions within the scope 
of Sec.  73.54.
    (ii) After discovery of a suspected or actual cyber attack 
initiated by personnel with physical or electronic access to digital 
computer and communication systems and networks within the scope of 
Sec.  73.54.
    (iii) After notification of a local, State, or other Federal agency 
(e.g., law enforcement, FBI, etc.) of an event related to the 
licensee's implementation of their cyber security program for digital 
computer and communication systems and networks within the scope of 
Sec.  73.54 that does not otherwise require a notification under 
paragraph (a) of this section.
    (3) Within eight hours after receipt or collection of information 
regarding observed behavior, activities, or statements that may 
indicate intelligence gathering or pre-operational planning related to 
a cyber attack against digital computer and communication systems and 
networks within the scope of Sec.  73.54.
    (b) Twenty-four hour recordable events. (1) The licensee shall use 
the site corrective action program to record vulnerabilities, 
weaknesses, failures and deficiencies in their Sec.  73.54 cyber 
security program within twenty-four hours of their discovery.
    (2) The licensee shall use the site corrective action program to 
record notifications made under paragraph (a) of this section within 
twenty-four hours of their discovery.
    (c) Notification process. (1) Each licensee shall make telephonic 
notifications required by paragraph (a) of this section to the NRC 
Headquarters Operations Center via the ENS. If the ENS is inoperative 
or unavailable, the licensee shall make the notification via a 
commercial telephone service or other dedicated telephonic system or 
any other methods that will ensure a report is received by the NRC 
Headquarters Operations Center within the timeframe. Commercial 
telephone numbers for the NRC Headquarters Operations Center are 
specified in appendix A to this part.
    (2) Notifications required by this section that contain Safeguards 
Information may be made to the NRC Headquarters Operations Center 
without using secure communications systems under the exception in 
Sec.  73.22(f)(3) for emergency or extraordinary conditions.
    (3) Notifications required by this section that contain Safeguards 
Information and/or classified national security information and/or 
restricted data must be made to the NRC Headquarters Operations Center 
using secure communications systems appropriate to the sensitivity/
classification level of the message. Licensees making these types of 
telephonic notifications must contact the NRC Headquarters Operations 
Center at the commercial numbers specified in appendix A to this part 
and request a transfer to a secure telephone.
    (i) If the licensee's secure communications capability is 
unavailable (e.g., due to the nature of the security event), the 
licensee must provide as much information to the NRC as is required by 
this section, without revealing or discussing any Safeguards 
Information and/or Classified Information, in order to meet the 
timeliness requirements of this section. The licensee must also 
indicate to the NRC that its secure communications capability is 
unavailable.
    (ii) Licensees using a non-secure communications capability may be 
directed by the NRC Emergency Response management to provide classified 
information to the NRC over the non-secure system, due to the 
significance of the ongoing security event. In such circumstances, the 
licensee must document this direction and any information provided to 
the NRC over a non-secure communications capability in the written 
security follow-up report required in accordance with paragraph (d) of 
this section.
    (4) For events reported under paragraph (a)(1) of this section, the 
NRC may request that the licensee maintain an open and continuous 
communication channel with the NRC Headquarters Operations Center.
    (5) Licensees desiring to retract a previous security event report 
that has been determined to not meet the threshold of a reportable 
event must telephonically notify the NRC Headquarters Operations Center 
and indicate the report being retracted and basis for the retraction.
    (6) Declaration of emergencies. Notifications made to the NRC for 
the declaration of an emergency class shall be performed in accordance 
with Sec.  50.72 of this chapter, as applicable.
    (7) Elimination of duplication. Separate notifications and reports 
are not required for events that are also reportable in accordance with 
Sec. Sec.  50.72 and 50.73 of this chapter. However, these 
notifications should also indicate the applicable Sec.  73.77 reporting 
criteria.
    (d) Written security follow-up reports. Each licensee making an 
initial telephonic notification of security events to the NRC according 
to the provisions of paragraphs (a)(1), (a)(2)(i), and (a)(2)(ii) of 
this section must also submit a written security follow-up report to 
the NRC within 60 days of the telephonic notification in accordance 
with Sec.  73.4.
    (1) Licensees are not required to submit a written security follow-
up report following a telephonic notification made under Sec.  
73.77(a)(2)(iii) or (a)(3).
    (2) Each licensee shall submit to the NRC written security follow-
up reports that are of a quality that will permit legible reproduction 
and processing.
    (3) Licensees shall prepare the written security follow-up report 
on NRC Form 366.
    (4) In addition to the addressees specified in Sec.  73.4, the 
licensee shall also provide one copy of the written security follow-up 
report addressed to the Director, Office of Nuclear Security and 
Incident Response, or the Director's designee. Any written security 
follow-up reports containing classified information shall be 
transmitted to the NRC Headquarters' classified mailing address as 
specified in appendix A to this part.
    (5) The written security follow-up report must include sufficient 
information for NRC analysis and evaluation.
    (6) Significant supplemental information which becomes available 
after the initial telephonic notification to the NRC Headquarters 
Operations Center or after the submission of the written security 
follow-up report must be telephonically reported to the NRC 
Headquarters Operations Center under paragraph (c) of this section and 
also

[[Page 67277]]

submitted in a revised written security follow-up report (with the 
revisions indicated) as required under this section.
    (7) Errors discovered in a written security follow-up report must 
be corrected in a revised written security follow-up report with the 
revision(s) indicated.
    (8) The revised written security follow-up report must replace the 
previous written security follow-up report; the update must be complete 
and not be limited to only supplementary or revised information.
    (9) If the licensee subsequently retracts a telephonic notification 
made under this section as not meeting the threshold of a reportable 
event, and has not yet submitted a written security follow-up report 
then submission of a written security follow-up report is not required.
    (10) If the licensee subsequently retracts a telephonic 
notification made under this section as not meeting the threshold of a 
reportable event after it has submitted a written security follow-up 
report required by this paragraph, then the licensee shall submit a 
revised written security follow-up report in accordance with this 
paragraph.
    (11) Each written security follow-up report submitted containing 
Safeguards Information or Classified Information must be created, 
stored, marked, labeled, handled, and transmitted to the NRC according 
to the requirements of Sec. Sec.  73.21 and 73.22 or with part 95 of 
this chapter, as applicable.
    (12) Each licensee shall maintain a copy of the written security 
follow-up report of an event submitted under this section as a record 
for a period of three years from the date of the report or until the 
Commission terminates the license for which the records were developed, 
whichever comes first.

    Dated at Rockville, Maryland, this 23rd day of October, 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2015-27855 Filed 10-30-15; 8:45 am]
BILLING CODE 7590-01-P