[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Proposed Rules]
[Pages 10481-10483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03490]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2022-0157]


Draft Regulatory Guide: Perimeter Intrusion Alarm Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft Regulatory Guide (DG), DG-5065, ``Perimeter 
Intrusion Alarm Systems.'' This DG is proposed Revision

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4 to Regulatory Guide (RG) 5.44 of the same name. This proposed 
revision describes an approach acceptable to the NRC staff for meeting 
requirements in NRC regulations related to the functions of perimeter 
intrusion detection sensors and detection methods.

DATES: Submit comments by March 23, 2023. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0157. 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.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear Security 
and Incident Response, telephone: 301-287-3613, email: 
[email protected], or Stanley Gardocki, Office of Nuclear Regulatory 
Research, telephone: 301-415-1067, email: [email protected]. 
Both are staff members of the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2022-0157 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publicly available information related to this action, by any of 
the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0157.
     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 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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2022-0157 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe 
methods that are acceptable to the NRC staff for implementing specific 
parts of the agency's regulations, to explain techniques that the staff 
uses in evaluating specific issues or postulated events, and to 
describe information that the staff needs in its review of applications 
for permits and licenses.
    The DG, entitled ``Perimeter Intrusion Alarm Systems,'' (ADAMS 
Accession No. ML22194A912) is temporarily identified by its task number 
DG-5065, which is proposed Revision 4 of RG 5.44 of the same name.
    This DG provides implementing guidance acceptable to the NRC staff 
for meeting requirements in NRC regulations related to the functions of 
perimeter intrusion detection sensors and detection methods. The DG 
provides guidance on sensors and methods that can be integrated to form 
an effective perimeter intrusion detection system. In addition, the DG 
provides guidance on selecting perimeter intrusion detection systems 
and on applications for nuclear power reactors, independent spent fuel 
storage installations, and certain special nuclear material processing 
facilities.
    The staff is also issuing for public comment a draft regulatory 
analysis (ADAMS Accession No. ML22021B494). The staff developed a 
regulatory analysis to assess the value of issuing or revising a 
regulatory guide as well as alternative courses of action.
    As noted in the Federal Register on December 9, 2022 (87 FR 75671), 
this document is being published in the ``Proposed Rules'' section of 
the Federal Register to comply with publication requirements under 
chapter 1 of title I of the Code of Federal Regulations.

III. Backfitting, Forward Fitting, and Issue Finality

    Issuance of DG-5065, if finalized, would not constitute backfitting 
as defined in section 50.109 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Backfitting,'' 10 CFR 70.76, ``Backfitting,'' 
and 10 CFR 72.62, ``Backfitting,'' and as described in NRC Management 
Directive (MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue 
Finality, and Information Requests'' (ADAMS Accession No. ML18093B087); 
constitute forward fitting as that term is defined and described in MD 
8.4; or affect issue finality of any approval issued under 10 CFR part 
52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' As explained in DG-5065, applicants and licensees would not 
be required to comply with the positions set forth in this guide.

IV. 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

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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: February 14, 2023.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-03490 Filed 2-17-23; 8:45 am]
BILLING CODE 7590-01-P