[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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#095a7d686a70275a6a617c6468676749677b6a276e667f"><span class="__cf_email__" data-cfemail="a7f4d3c6c4de89f4c4cfd2cac6c9c9e7c9d5c489c0c8d1">[email protected]</span></a>. For technical 
questions, contact the individuals listed

[[Page 73258]]

in the FOR FURTHER INFORMATION CONTACT section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#603024324e3205130f15120305200e12034e070f16"><span class="__cf_email__" data-cfemail="beeefaec90ecdbcdd1cbccdddbfed0ccdd90d9d1c8">[email protected]</span></a>. 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#732337215d2116001c06011016331d01105d141c05"><span class="__cf_email__" data-cfemail="c6968294e894a3b5a9b3b4a5a386a8b4a5e8a1a9b0">[email protected]</span></a> 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: 
<a href="/cdn-cgi/l/email-protection#a1f1c9c8cd8fe3d3cec2c9ccc0cfe1cfd3c28fc6ced7"><span class="__cf_email__" data-cfemail="8cdce4e5e0a2cefee3efe4e1ede2cce2feefa2ebe3fa">[email protected]</span></a> or Stanley Gardocki, Office of Nuclear Regulatory 
Research, telephone: 301-415-1067; email: <a href="/cdn-cgi/l/email-protection#7c2f081d12101905523b1d0e18131f17153c120e1f521b130a"><span class="__cf_email__" data-cfemail="8cdff8ede2e0e9f5a2cbedfee8e3efe7e5cce2feefa2ebe3fa">[email protected]</span></a>. 
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


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