[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Notices]
[Pages 14959-14960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05731]
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NUCLEAR REGULATORY COMMISSION
[NRC-2015-0287]
Training and Qualification of Security Personnel at Nuclear Power
Reactor 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 of Regulatory Guide (RG) 5.75, ``Training and Qualification
of Security Personnel at Nuclear Power Reactor Facilities.'' This RG
updates training and qualification guidance that incorporates lessons
learned and reflects changes that have been made in associated rules
and guidance documents since the original publication of the guide.
This guide describes approaches and methodologies that the NRC staff
considers acceptable for the training and qualification of all
personnel who are assigned duties and responsibilities required for the
implementation of the Commission-approved security plans, licensee
response strategies, and implementing procedures at nuclear power
reactor facilities.
DATES: Revision 1 of RG 5.75 is available on March 19, 2021.
ADDRESSES: Please refer to Docket ID NRC-2015-0287 when contacting the
NRC about the availability of information regarding this document. You
may access 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-2015-0287. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 is available in ADAMS) is provided the first
time that it is mentioned in this document.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
Revision 1 to RG 5.75 and the regulatory analysis may be found in
ADAMS under Accession Nos. ML17111A699 and ML14297A274 respectively.
Regulatory guides are not copyrighted, and the NRC's approval is
not required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Kris Jamgochian, Office of Nuclear
Security and Incident Response, telephone: 301-287-3542; email:
[email protected] or 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 5.75 was issued with a temporary identification of
Draft Regulatory Guide (DG), DG-5043. This RG clarifies guidance that
licensees and applicants should use to select, train, equip, test,
qualify, and re-qualify armed and unarmed security personnel,
watchpersons, and members of the licensee staff that support the
licensee's security organization to ensure that these individuals
possess and maintain the knowledge, skills, and abilities required to
carry out their assigned duties and responsibilities effectively. This
revision clarifies the staff guidance for the training and
qualification requirements delineated in Section VI of Appendix B to
title 10 of the Code of Federal Regulations (10 CFR), Part 73
``Physical Protection of Plants and Materials.'' The revised RG also
updates training and qualification guidance that incorporates lessons
learned and reflects changes that have been made in associated rules
and guidance documents since the original publication of the guide.
In particular, this revision provides more comprehensive discussion
of the objectives for training and qualifying licensee and contractor
security personnel, as well as training and qualifying those personnel
who support the licensee's security program but are not direct members
of the licensee's security staff or contractors to the security
organization. This revision also provides additional clarification on
aspects of the training and qualification process that the staff has
determined would be helpful for licensees in implementing their
performance evaluation programs. This revision contains a broad
discussion of tactical response drills and Force on Force exercises,
including follow-on critiques, which has been added to ensure that
licensees have ample guidance for effective and complete drill and
exercise management, from planning through conclusion.
II. Additional Information
The NRC published a notice of availability of DG-5043 in the
Federal Register on December 29, 2015 (80 FR 81376) for a 60-day public
comment period. The public comment period ended on February 29, 2016.
Public comments on DG-5043 and the NRC's responses to the public
comments are available in ADAMS under Accession No. ML17111A698.
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.
[[Page 14960]]
IV. Backfitting and Issue Finality
Revision 1 of RG 5.75 describes a method that the staff of the NRC
considers acceptable for use by nuclear power plant licensees in
meeting the requirements for training and qualification of security
personnel as set forth in Section VI of Appendix B to 10 CFR part 73,
``Physical Protection of Plants and Materials.'' Issuance of this RG,
if finalized, would not constitute backfitting as defined in 10 CFR
50.109 (the backfit rule) and would not otherwise be inconsistent with
the issue finality provisions in 10 CFR part 52 ``Licenses,
Certifications, and Approvals for Nuclear Power Plants.'' As discussed
in the ``Implementation'' section of this RG, the NRC has no current
intention to impose this guide, if finalized, on holders of current
operating licenses or combined licenses.
This RG may be applied to applications for operating licenses and
combined licenses docketed by the NRC as of the date of issuance of the
final regulatory guide, as well as future applications submitted after
the issuance of the regulatory guide. Such action would not constitute
backfitting as defined in the backfit rule or be otherwise inconsistent
with the applicable issue finality provision in 10 CFR part 52,
inasmuch as such applicants or potential applicants are not entities
within the scope of the backfit rule or the relevant issue finality
provisions in Part 52. Neither Section 50.109 nor the issue finality
provisions under 10 CFR part 52 with certain exceptions, was intended
to apply to every NRC action that substantially changes the
expectations of current and future applicants. The exceptions to the
general principle are whenever an applicant references a Part 52
license (e.g., an early site permit) and/or NRC regulatory approval
(e.g., a design certification rule, a standard design approval) with
specified issue finality provisions. However, the scope of issue
finality provided extends only to the matters resolved in the license
or regulatory approval. Early site permits, design certification rules,
and standard design approvals typically do not address or resolve
compliance with operational programs such as the security personnel
requirements in 10 CFR part 73. Therefore, no applicant referencing an
early site permit, design certification rule, or standard design
approval would be entities within the scope of the relevant issue
finality provisions with respect to the security matters addressed in
this draft regulatory guide.
Dated: March 16, 2021.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2021-05731 Filed 3-18-21; 8:45 am]
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