[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Rules and Regulations]
[Page 32293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11202]

Rules and Regulations
                                                Federal Register

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 


Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Rules 
and Regulations

[[Page 32293]]


10 CFR Part 72


Security Performance (Adversary) Characteristics for Physical 
Security Programs for 10 CFR Part 72 Licensees

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; discontinuation.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
proposed Draft Regulatory Guide (DG), DG-5033, ``Security Performance 
(Adversary) Characteristics for Physical Security Programs for 10 CFR 
Part 72 Licensees.'' This DG was intended to support a new rule that 
would contain security requirements for Independent Spent Fuel Storage 
Installations (ISFSIs). Because the scope of the rulemaking has changed 
and the rule will no longer include the new requirements that DG-5033 
was intended to support, the staff is discontinuing development of DG-

DATES: The discontinuation of DG-5033 takes effect on May 29, 2020.

ADDRESSES: Please refer to Docket ID NRC-2009-0558 when contacting the 
NRC about the availability of information regarding these documents. 
You may obtain publicly-available information related to these 
documents using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0558. Address 
questions about NRC docket IDs in regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 available in ADAMS) is provided the first 
time that a document is referenced.

FOR FURTHER INFORMATION CONTACT: Duane White, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3627, 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 

SUPPLEMENTARY INFORMATION: The NRC is discontinuing development of DG-
5033, a non-public document containing Safeguards Information (SGI). 
This DG was intended to support a new rule that would include new 
security requirements for ISFSIs. On December 18, 2007, the Commission 
issued SRM-SECY-07-0148, ``Independent Spent Fuel Storage Installation 
Security Requirements for Radiological Sabotage'' (ADAMS Accession No. 
ML073530119), which approved the staff's recommendation to develop new, 
risk informed, performance-based security requirements applicable to 
all ISFSI licensees to enhance existing security requirements. The 
Commission also approved the staff's recommendation to develop 
regulatory guidance (i.e., DG-5033) for security scenarios for ISFSIs 
that would be bounded by the adversary characteristics supporting the 
design basis threat for radiological sabotage associated with power 
reactors. The staff developed DG-5033 in response and transmitted it to 
cleared stakeholders (i.e., individuals who were subject to 
fingerprinting and criminal history records checks for access to SGI 
and had an established ``need to know'') for comment on March 21, 2011.
    Subsequently, the Commission directed the staff in a non-public SRM 
for COMKLS-18-0003, ``Fiscal Year 2020 Budget to the Commission,'' 
dated August 22, 2018, to reduce the scope of the rulemaking and codify 
only the requirements of the security orders issued by the NRC 
following the terrorist attacks of September 11, 2001. As a result, the 
rule will no longer address security scenarios against which licensees 
would perform dose calculations and apply site specific radiological 
dose acceptance limits, which DG-5033 was intended to support. 
Therefore, the staff has determined that the development of DG-5033 is 
no longer warranted and is discontinued.

    Dated: May 19, 2020.

    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. 2020-11202 Filed 5-28-20; 8:45 am]