[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Pages 69088-69089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23992]




General Use of Locks in the Protection and Control of: 
Facilities, Radioactive Materials, Classified Information, Classified 
Matter, and Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG) 5.12, ``General Use of Locks in 
Protection and Control of: Facilities Radioactive Materials, Classified 
Information, Classified Matter, and Safeguards Information.'' This RG 
describes methods and procedures that the staff of the NRC considers 
acceptable for the selection, use, and control of locking devices in 
the protection of areas, facilities, certain radioactive materials, and 
specific types of information (e.g. classified matter, National 
Security Information (NSI), Restricted Data (RD), Formerly Restricted 
Data (FRD), Safeguards Information (SGI)).

DATES: Revision 1 to RG 5.12 is available on October 5, 2016.

ADDRESSES: Please refer to Docket ID NRC-2014-0276 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publically-available information related to this document, 
using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
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 Document 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 this 
document. Revision 1 to RG 5.12, and the regulatory analysis may be 
found in ADAMS under Accession Nos. ML15357A411 and ML14002A222, 
     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.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear and 
Incident Response, telephone: 301-287-3616; email: [email protected]; 
and Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 
301-415-1699, email: [email protected]. Both are staff members of 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.


I. Discussion

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses.
    Revision 1 of RG 5.12 was issued with a temporary identification of 
Draft Regulatory Guide, DG-5027. It incorporates new information, 
lessons learned, and operating experience since the guide was 
originally issued in 1973, particularly new locking technologies and 
standards for locks and keys. Some specific items addressed include the 
basic characteristics of a lock that licensees should consider when 
selecting locks, and information on when licensees should change 
combinations or keys. In addition, references in the RG were updated, a 
reference to an industry dictionary of lock terminology was added to 
aid in reader understanding of the technical aspects of lock systems, 
and the relevant regulations were identified. Furthermore, the title of 
the guide was revised to include the broadened scope of the guide. The 
original scope of the guide included control and protection of 
facilities and special nuclear material (SNM). The revised scope of the 
guide now includes control and protection of: (1) Classified 
information/matter, (2) safeguards information, (3) an aggregated 
Category 1 or Category 2 quantity of radioactive material listed in 
appendix A to part 37 of title 10 of the Code of Federal Regulations 
(10 CFR), and (4) spent nuclear fuel.

II. Additional Information

    The DG-5027, was published in the Federal Register on January 2, 
2015 (80 FR 53) for a 60-day public comment period. The public comment 
period closed on March 3, 2015. Public comments on DG-5027 and the NRC 
staff's responses to the public comments are available in ADAMS under 
Accession No. ML15357A410.

[[Page 69089]]

III. Congressional Review Act

    This RG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

IV. Backfitting and Issue Finality

    This RG provides updated guidance on the methods acceptable to the 
NRC staff for complying with the NRC's regulations associated with the 
use of locks in the protection and control of facilities, special 
nuclear materials, classified matter, and safeguards information. The 
RG applies to current and future applicants for, and holders of:
     Licenses issued under 10 CFR part 70 to possess or use, at 
any site or contiguous sites subject to licensee control, a formula 
quantity of strategic special nuclear material, as defined in 10 CFR 
     operating licenses for nuclear power reactors under 10 CFR 
part 50;
     approvals issued under subparts B, C, E, and F of 10 CFR 
part 52;
     operating licenses for nuclear non-power reactors under 10 
CFR part 50;
     licenses for industrial radiography under 10 CFR part 34;
     licenses for medical use of byproduct material under 10 
CFR part 35;
     licenses for irradiators under 10 CFR part 36;
     licenses authorizing the possession of an aggregated 
Category 1 or Category 2 quantity of radioactive material listed in 
appendix A to 10 CFR part 37;
     licenses for well logging under 10 CFR part 39;
     licenses, certificates, and other NRC approvals, who 
protect safeguards information regulated by the Commission under 10 CFR 
73.21-73.23; and
     licenses, certificates, and other NRC approvals, who may 
protect Secret and Confidential NSI, RD, and FRD received or developed 
in conjunction with activities licensed, certified, or regulated by the 
Commission under 10 CFR part 95.
    Holders of approvals under only parts 34, 35, 36, 37, 39, and 95 of 
the NRC's regulations and holders of non-power reactor operating 
licenses under 10 CFR part 50, are not protected by backfitting or 
issue finality provisions.
    Issuance of this RG does not constitute backfitting under 10 CFR 
parts 50 or 70 and is not otherwise inconsistent with the issue 
finality provisions in 10 CFR part 52. As discussed in the 
``Implementation'' section of this RG, the NRC has no current intention 
to impose the RG on current holders of 10 CFR part 50 operating 
licenses; 10 CFR part 52, subpart B, C, E, or F approvals; or 10 CFR 
part 70 licenses.
    The RG could be applied to applications for 10 CFR part 50 
operating licenses; 10 CFR part 52, subpart B, C, E, or F approvals; or 
licenses issued under part 70. Such action would not constitute 
backfitting as defined in 10 CFR 50.109 or 10 CFR 70.76 or be otherwise 
inconsistent with the applicable issue finality provision in 10 CFR 
part 52, inasmuch as such applicants are not within the scope of 
entities protected by 10 CFR 50.109, 10 CFR 70.76, or the relevant 
issue finality provisions in 10 CFR part 52. Backfitting restrictions 
were not intended to apply to every NRC action that substantially 
changes settled expectations, and applicants have no reasonable 
expectation that future requirements may change, see 54 FR 15372; April 
18, 1989, at 15385-86. Although the issue finality provisions in part 
52 are intended to provide regulatory stability and issue finality, the 
matters addressed in this RG (concerning certain security requirements 
in part 73) are not within the scope of issues that may be resolved for 
design certification, design approval or a manufacturing license, and 
therefore are not subject to issue finality protections in part 52.

    Dated at Rockville, Maryland, this 29th day of September, 2016.

    For the Nuclear Regulatory Commission.

Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-23992 Filed 10-4-16; 8:45 am]