[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Page 11069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03246]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0042]


Guidance for the Application of the Theft and Diversion Design-
Basis Threat for Category I Fuel Cycle Facilities

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) 5.70, ``Guidance for the 
Application of the Theft and Diversion Design-Basis Threat for Category 
I Fuel Cycle Facilities.'' This regulatory guide provides methods that 
the NRC staff finds acceptable for an applicant or licensee to meet the 
requirements of the underlying NRC's regulations. Revision 1 of RG 5.70 
contains clarifying information regarding technical matters and rule 
language, administrative changes, and lessons learned from inspection 
activities, operating experience, and current threat data.

DATES: Revision 1 to RG 5.70 is available on February 17, 2017.

ADDRESSES: Revision 1 to RG 5.70 contains classified information. 
Therefore, this RG is being withheld from public disclosure, but is 
available to those affected licensees and cleared stakeholders who 
qualify for access and have a demonstrated need to know. For access to 
RG 5.70, contact the individuals listed in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: William Gott, Office of Nuclear 
Security and Incident Response, telephone: 301-287-9256, email: 
[email protected]; or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-415-1699, email: [email protected]. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Alternatively, you may make suggestions or comments on RG 
5.70 via email to: [email protected]. 
Please do not include any potentially classified or sensitive 
information in your email.

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.
    Regulatory Guide 5.70 contains classified information. This RG is 
being withheld from public disclosure, but is available to those 
affected licensees and cleared stakeholders who qualify for access and 
have a demonstrated need to know.

II. Additional Information

    The NRC did not announce the availaibility for comment on the draft 
guide because the guide contains classified information. Instead, the 
NRC transmitted the draft guide for comment to cleared stakeholders who 
demonstrated a need-to-know in a memorandum (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML16007A604) on 
January 4, 2016. Nonetheless, the NRC is issuing this notice to inform 
the public of the issuance of the final RG.
    The stakeholders' comment period closed on March 19, 2016. The NRC 
received comments from four stakeholders. The comments and the 
associated comment resolutions contain classified information and are 
not available to the public. These comment resolutions can be obtained 
by those who have a demonstrated need-to-know and are cleared to access 
classified information. For access to RG 5.70, contact the individuals 
listed in the FOR FURTHER INFORMATION CONTACT section.

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

    This regulatory guide provides guidance on the application of the 
design basis threat to the design and implementation of physical 
protection systems and programs required to meet the requirements set 
forth in 10 CFR 73.45 and 10 CFR 73.46. The regulatory guide provides 
methods that the NRC staff finds acceptable for an applicant or 
licensee to meet the requirements of the underlying NRC regulations. 
The issuance of the guidance in this regulatory guide is not 
backfitting, as that term is defined in 10 CFR 70.76, because security 
is not included within the scope of the NRC's backfitting protection.

    Dated at Rockville, Maryland, this 10th day of February, 2017.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2017-03246 Filed 2-16-17; 8:45 am]
 BILLING CODE 7590-01-P