[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54861-54862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19320]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / 
Rules and Regulations  

[[Page 54861]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2022-0155]


Insider Mitigation Program

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) 5.77, ``Insider Mitigation 
Program,'' to provide licensees and applicants with agency approved 
guidance for complying with NRC regulations. RG 5.77 applies to nuclear 
power reactors that contain protected or vital areas. Licensees should 
use defense-in-depth methodologies to minimize the potential for an 
insider to adversely affect, either directly or indirectly, the 
licensee's capability to prevent significant core damage or spent fuel 
sabotage.

DATES: Revision 1 of RG 5.77 is available on September 8, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0155 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-2022-0155. 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.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's Public Document Room (PDR), 
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. To make an appointment to visit the PDR, please send an 
email to [email protected] or call 1-800-397-4209 or 301-415-4737, 
between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, 
except Federal holidays.
    Revision 1 of RG 5.77 and the regulatory analysis may be found in 
ADAMS under Accession Nos. ML16342B024 and ML14002A294, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Mark Resner, telephone: 301-287-3680, 
email: [email protected] or Brad Baxter, telephone: 301-287-3615, 
email: [email protected], both are staff of the Office of Nuclear 
Security and Incident Response; and Mekonen Bayssie, Office of Nuclear 
Regulatory Research, telephone: 301-415-1699, email: 
[email protected]. All are staff 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.
    The proposed Revision 1 of RG 5.77 was issued with a temporary 
identification number of draft Regulatory Guide (DG) 5044. On January 
4, 2016, the NRC sent an email (ML16007A565) transmitting the DG for 
comment to cleared stakeholders who demonstrated a need-to-know and 
possessed the required access clearance. The stakeholders' comment 
period closed on March 4, 2016. Stakeholders' comments on DG-5044 and 
the staff responses to the public comments are available under ADAMS 
Accession No. ML22152A224.

II. Additional Information

    The NRC did not announce the availability of the draft RG for 
public comment because the guide was originally marked as containing 
information designated as ``Official Use Only-Security Related 
Information.'' The Commission directed the NRC staff to edit the 
document for consistency, accuracy, formatting, and a determination 
regarding which content should be marked ``Unclassified'' and 
``Official Use Only--Security Related Information'' in accordance with 
Staff Requirement Memorandum (SRM)--SECY-17-0095--Review and Approval 
of Proposed Revision to RG 5.77, ``Insider Mitigation Program,'' dated 
July 14, 2021 (ADAMS Accession No. ML21195A356). The staff critically 
examined the designation of the document and determined it should not 
be designated as ``Official Use Only--Security Related Information.'' 
In consideration of the stakeholders' comments and the SRM, the staff 
revised the document and is issuing this notice to inform the public of 
the issuance of the final RG.

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, Forward Fitting, and Issue Finality

    Revision 1 of RG 5.77 describes methods acceptable to the NRC staff 
for complying with the NRC's regulations to meet the regulatory 
requirements in paragraphs 73.55(b)(9) and 73.55(b)(9)(ii) of title 10 
of the Code of Federal Regulations (10 CFR), such that a licensee shall 
establish, maintain, and implement an Insider Mitigation Program (IMP) 
and shall describe the

[[Page 54862]]

program in the Physical Security Plan. The IMP must contain elements 
from the following licensee programs: access authorization, fitness-
for-duty, cyber security, and physical protection. Issuance of this RG, 
would not constitute backfitting as defined in 10 CFR 50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests,'' constitute forward fitting as that term is 
defined and described in MD 8.4; or affect the issue finality of any 
approval issued under 10 CFR part 52, ``Licenses, certifications, and 
approvals for nuclear power plants.'' As explained in RG 5.77, 
applicants and licensees would not be required to comply with the 
positions set forth in RG 5.77.

V. Submitting Suggestions for Improvement of Regulatory Guides

    A member of the public may, at any time, submit suggestions to the 
NRC for improvement of existing RGs or for the development of new RGs. 
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html. 
Suggestions will be considered in future updates and enhancements to 
the ``Regulatory Guide'' series.

    Dated: August 30, 2022.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2022-19320 Filed 9-7-22; 8:45 am]
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