[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Rules and Regulations]
[Pages 73257-73258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20353]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
[NRC-2023-0171]
Regulatory Guide: Physical Security Event Notifications, Reports,
and Records
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guide; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Revision 3 to Regulatory Guide (RG), 5.62, ``Physical Security Event
Notifications, Reports, and Records.'' This RG clarifies reporting and
recording of security events and conditions adverse to security under
NRC's regulations concerning the physical protection of plants and
materials.
DATES: Revision 3 to RG 5.62 is available on September 10, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0171 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-2023-0171. 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
[[Page 73258]]
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, at 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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 3 to RG 5.62 may be found in ADAMS under Accession No.
ML23299A176. The NRC staff's responses to public comments on Draft
Regulatory Guide (DG)-5080 are available in ADAMS under Accession No.
ML23299A187.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Phil Brochman, Office of Nuclear
Security and Incident Response, telephone: 301-287-3691; email:
[email protected] or Stanley Gardocki, Office of Nuclear Regulatory
Research, telephone: 301-415-1067; email: [email protected].
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a revision 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 proposed Revision 3 to RG 5.62 was issued with a temporary
identification of DG-5080 (ADAMS Accession No. ML23198A191).
This revision provides additional guidance on physical security
event notifications, written follow-up reports, and recordkeeping of
security events and other security-related conditions adverse to
quality. These new and updated requirements are part of the NRC's final
rule, entitled ``Enhanced Weapons, Firearms Background Checks, and
Security Event Notifications'' (hereafter the Enhanced Weapons rule),
that was published in the Federal Register on March 14, 2023 (88 FR
15864). These provisions are found in the NRC's regulations under title
10 of the Code of Federal Regulations (10 CFR), Sec. Sec. 73.1200,
73.1205, and 10 CFR 73.1210.
Revision 3 to RG 5.62 provides examples, considerations, and
guidance to assist licensees and their security personnel in
understanding their responsibilities in implementing the provisions of
Sec. Sec. 73.1200, 73.1205, and 73.1210.
II. Additional Information
The NRC published a notice of availability of DG-5080 in the
Federal Register on October 27, 2023 (88 FR 73767) for a 45-day public
comment period. The public comment period closed on December 11, 2023.
The NRC staff made changes to RG 5.62 in response to public comments.
The NRC staff's responses to these public comments on DG-5080 are
available in ADAMS under Accession No. ML23299A187.
As noted in the Federal Register on December 9, 2022 (87 FR 75671),
this document is being published in the ``Rules'' section of the
Federal Register to comply with publication requirements under 1 CFR
chapter I.
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
Issuance of Revision 3 to RG 5.62 does not constitute backfitting
as defined in 10 CFR 72.62, ``Backfitting,'' 10 CFR 70.76,
``Backfitting,'' and 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'' (ADAMS
Accession No. ML18093B087); does not constitute forward fitting as that
term is defined and described in MD 8.4; and does not affect the issue
finality of any approval issued under 10 CFR part 52, ``Licenses,
Certificates, and Approvals for Nuclear Powerplants,'' because, as
explained in Revision 3 to RG 5.62, licensees are not required to
comply with the positions set forth in the RG.
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: September 4, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2024-20353 Filed 9-9-24; 8:45 am]
BILLING CODE 7590-01-P