[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Page 56281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19713]




Intent and Scope of the Physical Protection Upgrade Rule 
Requirements for Fixed Sites

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; withdrawal.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide (RG) 5.61, ``Intent and Scope of the Physical 
Protection Upgrade Rule Requirements for Fixed Sites.'' This document 
is being withdrawn because the information in RG 5.61 is no longer 
needed. The reasons for the withdrawal are described in more detail 
under the ``Background'' Section of this document.

DATES: The withdrawal of RG 5.61 takes effect on September 11, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0196 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0196. 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 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. The basis for withdrawal of RG 5.61 
is available in ADAMS under Accession No. ML20225A307.

FOR FURTHER INFORMATION CONTACT: Tim Harris, Office of Nuclear Security 
Incident Response, telephone: 301-287-3594, email: [email protected] 
and Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 
301-415-1669, email: [email protected]. Both are staff of the 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.


I. Background

    Regulatory Guide 5.61 was published in July 1980 to provide 
guidance to affected licensees in revising their physical protection 
plans in response to the requirements in part 73 of title 10 of the 
Code of Federal Regulations (10 CFR), ``Physical Protection of Plants 
and Materials'' (November 28, 1979; 44 FR 68184). The RG explains the 
link between the performance capabilities provided in 10 CFR 73.45 and 
the fixed site physical protection system requirements in 10 CFR 73.46. 
Future applicants and licensees may use other more relevant regulatory 
guidance documents to meet those regulatory requirements.
    The NRC is withdrawing RG 5.61, ``Intent and Scope of the Physical 
Protection Upgrade Rule Requirements for Fixed Sites,'' because the 
guide is no longer needed for several reasons. First, the regulatory 
requirements in 10 CFR 73.45 and 73.46 have not changed since 1979 and 
are well understood by existing licensees. Second, no new licensees 
that would possess and use formula quantities of strategic special 
nuclear material are expected in the foreseeable future. Third, the RG 
is predominately explanatory of the rulemaking rather than guidance on 
how to comply with the applicable requirements. Lastly, other guidance 
on developing security plans to meet the physical protection 
requirements in 10 CFR 73.46 are available. The basis for withdrawal of 
RG 5.61 is available in ADAMS under Accession No. ML20225A307.

II. General Consideration

    The withdrawal of RG 5.61 does not alter any prior or existing NRC 
licensing approvals, or the acceptability of licensee commitments made 
regarding the withdrawn guidance. Although RG 5.61 is withdrawn, 
current licensees referencing this RG may continue to do so, and 
withdrawal does not affect any existing licenses or agreements. 
However, by withdrawing RG 5.61, the NRC no longer approves use of the 
guidance in future requests or applications for NRC licensing actions.

    Dated: September 1, 2020.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2020-19713 Filed 9-10-20; 8:45 am]