[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69088-69089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23992]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0276]
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.
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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,
respectively.
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.
SUPPLEMENTARY INFORMATION:
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
70.4;
operating licenses for nuclear power reactors under 10 CFR
part 50;
approvals issued under subparts B, C, E, and F of 10 CFR
part 52;
operating licenses for nuclear non-power reactors under 10
CFR part 50;
licenses for industrial radiography under 10 CFR part 34;
licenses for medical use of byproduct material under 10
CFR part 35;
licenses for irradiators under 10 CFR part 36;
licenses authorizing the possession of an aggregated
Category 1 or Category 2 quantity of radioactive material listed in
appendix A to 10 CFR part 37;
licenses for well logging under 10 CFR part 39;
licenses, certificates, and other NRC approvals, who
protect safeguards information regulated by the Commission under 10 CFR
73.21-73.23; and
licenses, certificates, and other NRC approvals, who may
protect Secret and Confidential NSI, RD, and FRD received or developed
in conjunction with activities licensed, certified, or regulated by the
Commission under 10 CFR part 95.
Holders of approvals under 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]
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