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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12209-12210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04453]

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NUCLEAR REGULATORY COMMISSION

[NRC-2022-0054]

Guidance for the Application of Radiological Sabotage Design-
Basis Threat in the Design, Development, and Implementation of a 
Physical Security Program That Meets 10 CFR 73.55 Requirements

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) 5.69, ``Guidance for the 
Application of Radiological Sabotage Design-Basis Threat in the Design, 
Development, and Implementation of a Physical Security Program that 
Meets 10 CFR 73.55 Requirements,'' as a final RG. RG 5.69 provides a 
method that the NRC staff finds acceptable for an applicant or licensee 
to use in applying the design-basis threats (DBTs) in the development 
of a physical security program that meets the requirements of NRC 
regulations. Through interactions with stakeholders during physical 
security inspections, including security baseline inspections, force-
on-force exercises, and enforcement activities, the NRC identified 
areas where a need for additional clarity and/or sufficient technical 
information is warranted. Revision 1 to RG 5.69 addresses these areas. 
In addition, revisions to this guidance include changes to the DBT 
adversary characteristics necessary to align with changes to NRC 
security requirements made since the publication of Revision 0 to RG 
5.69 in 2007.

DATES: Revision 1 to RG 5.69 is available on March 3, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0054 when contacting the 
NRC about the availability of information regarding this document. 
Revision 1 to RG 5.69 contains Safeguards Information (SGI). Therefore, 
this RG is being withheld from public disclosure, but is available to 
those affected licensees and cleared stakeholders who qualify for 
access and have a demonstrated need-to-know. For access to Revision 1 
to RG 5.69, contact the individuals listed in the For Further 
Information Contact section.

FOR FURTHER INFORMATION CONTACT: Niry Simonian, Office of Nuclear 
Security and Insident Response, telephone: 301-287-3636, email: 
[email protected] or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-415-1699, email: [email protected]. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Please do not include any potentially classified or 
sensitive information in your email.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a revision to an existing RG 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 to RG 5.69 incorporates methods to apply requirements of 
updated regulations and lessons-learned from regulatory oversight, 
including

[[Page 12210]]

operating experience, inspection findings, enforcement actions, 
Security Frequently Asked Questions, and other regulatory documents 
(e.g., generic communications). This RG clarifies DBT advesary 
characteristics and capabilities identified through interactions with 
stakeholders and inspection activities since the original publication 
of the guide.

II. Additional Information

    Revision 1 to RG 5.69 contains SGI. Accordingly, this RG is being 
withheld from public disclosure. It will be made available to those 
affected licensees and cleared stakeholders who have an established 
need-to-know for access to the RG. The NRC did not announce the 
availaibility of the draft RG for public comment because the guide 
contains SGI and Official Use Only--Security-Related Information. 
Nonetheless, the NRC is issuing this notice to inform the public of the 
issuance of the final RG.
    On December 23, 2015, the NRC issued an email (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML16007A567) 
transmitting the draft RG for comment to cleared stakeholders who 
demonstrated a need-to-know for access to the document. The 
stakeholder's comment period closed on March 7, 2016. The NRC received 
several comments from stakeholders. The comments and the associated 
comment resolution contain SGI and are not available to the public. In 
addition, per Staff Requirements Memorandum (SRM)--SECY-18-0110, 
``Proposed Revision to Regulatory Guide 5.69, ``Guidance for the 
Application of the Radiological Sabotage Design-Basis Threat for 
Nuclear Power Reactors,'' '' dated November 18, 2021 (Non-Publicly 
Available), staff completed the Commission's approved edits to the 
document as appropriate.
    For access to RG 5.69, Revision 1, contact the individuals listed 
in the For Further Information Contact section.

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

    This RG provides updated guidance on the methods acceptable to the 
NRC staff for complying with the NRC's regulations associated with the 
design-basis threat for nuclear power reactors. The RG applies to 
current licensees and future applicants for, and holders of:
     Operating licenses for nuclear power reactors under part 
50 of title 10 of the Code of Federal Regulations (10 CFR); and 
combined licenses for nuclear power reactors under 10 CFR part 52;
     operating licenses for nuclear power reactors that are 
required to protect safeguards information regulated by the Commission 
by Order EA-03-086, ``Order Requiring Compliance with Revised Design 
Basis Threat for Operating Power Reactors,'' dated April 29, 2003; and
     operating licenses for nuclear power reactors that are 
required to protect safeguards information regulated by the Commission 
by Order EA-06-037, ``Order Requiring Compliance with Updated Adversary 
Characteristic,'' dated March 20, 2006.
    Issuance of this RG does 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 the RG, licensees are not required to comply with the positions set 
forth in this RG, and the NRC staff does not intend to use the guidance 
in this RG to support NRC staff actions in a manner that would 
constitute backfitting or forward fitting or affect the issue finality 
of any approval issued under 10 CFR part 52. If, in the future, the NRC 
seeks to impose a position in this RG in a manner that constitutes 
backfitting or forward fitting or affects the issue finality for a 10 
CFR part 52 approval, then the NRC will address the backfitting 
provision in 10 CFR 50.109, the forward fitting provision of MD 8.4, or 
the applicable issue finality provision in 10 CFR part 52, 
respectively.

    Dated: February 25, 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. 2022-04453 Filed 3-2-22; 8:45 am]
BILLING CODE 7590-01-P
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