Standard Format and Content of Physical Security Plans, Training and Qualifications Plans and Safeguards Contingency Plans for Nuclear Power Plants, 22297-22299 [2018-10156]

Download as PDF amozie on DSK3GDR082PROD with NOTICES Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public website at https:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at https:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. For further details with respect to this application, see the application dated March 21, 2018 (ADAMS Accession No. ML18086B504). VI. Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation Any person who desires access to proprietary, confidential commercial information that has been redacted from the application should contact the applicant by telephoning Ray P. Kuyler, Assistant General Counsel, Westinghouse Electric Company at 301– 230–4884 for the purpose of negotiating a confidentiality agreement or a proposed protective order with the applicant. If no agreement can be reached, persons who desire access to this information may file a motion with the Secretary and addressed to the Commission that requests the issuance of a protective order. Dated at Rockville, Maryland, this 9th day of May, 2018. For the Nuclear Regulatory Commission. Craig G. Erlanger, Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2018–10177 Filed 5–11–18; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 22297 NUCLEAR REGULATORY COMMISSION [NRC–2018–0092] Standard Format and Content of Physical Security Plans, Training and Qualifications Plans and Safeguards Contingency Plans for Nuclear Power Plants Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a Draft Regulatory Guide (DG), entitled DG–5048, ‘‘Standard Format and Content of Physical Security Plans, Training and Qualifications Plans and Safeguards Contingency Plans for Nuclear Power Plants.’’ This draft revision of Regulatory Guide (RG) 5.54 (Revision 2) renames the guide and consolidates, enhances, and clarifies previous staff guidance for the development of licensee site-specific physical security plans found in NUREG–0908, ‘‘Acceptance Criteria for the Evaluation of Nuclear Power Reactor Security Plans,’’ training and qualification plans, and safeguards contingency plans. This revision to RG 5.54 includes editorial changes and clarifications provided by the staff in Security Frequently Asked Questions after the issuance of Revision 1. DATES: Submit comments by July 13, 2018. 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. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0092. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: May Ma, Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on obtaining information and submitting comments, SUMMARY: E:\FR\FM\14MYN1.SGM 14MYN1 22298 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Dennis Gordon, Office of Nuclear Security and Incident Response, telephone: 301–287–3633, email: Dennis.Gordon@nrc.gov and Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301–415–1699, email: Mekonen.Bayssie@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments amozie on DSK3GDR082PROD with NOTICES A. Obtaining Information Please refer to Docket ID NRC–2018– 0092 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable 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–2018–0092. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then 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 pdr.resource@nrc.gov. DG–5048 is available in ADAMS under Accession No. ML17124A490. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2018– 0092 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 VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 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 and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific issues or postulated events, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, ‘‘Standard Format and Content of Physical Security Plans, Training and Qualifications Plans and Safeguards Contingency Plans for Nuclear Power Plants,’’ is temporarily identified by its task number, DG–5048. DG–5048 is proposed Revision 2 of RG 5.54, ‘‘Standard Format and Content of Physical Security Plans, Training and Qualifications Plans and Safeguards Contingency Plans for Nuclear Power Plants’’ (ADAMS Accession No. ML17124A490). This revision of the guide (Revision 2) retitles the guide and consolidates, enhances, and clarifies previous staff guidance for the development of licensee site-specific physical security plans found in NUREG–0908, ‘‘Acceptance Criteria for the Evaluation of Nuclear Power Reactor Security Plans’’ (ADAMS Accession No. ML18128A239), training and qualification plans, and safeguards contingency plans. This revision to the regulatory guide includes clarifications provided by the staff in the Security Frequently Asked Questions after Revision 1 was published, and contains a wide variety of editorial changes to the overall Revision 1 content. In addition, this revision of the guide provides licensees with guidance for developing security plans and safeguards contingency plans for title 10 of the Code of Federal Regulations (10 CFR), part 72 licensees for independent spent fuel storage facilities. I. Backfitting and Issue Finality DG–5048 describes a method that the staff of the NRC considers acceptable for use by nuclear power plant licensees in meeting the requirements for the PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 standard format and content for licensee physical security, training and qualification, and safeguards contingency plans and provides general guidance for the identification, description, and level of detail that licensees should provide, including sitespecific conditions, in a comprehensive security plan. Issuance of this DG, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. As discussed in the ‘‘Implementation’’ section of this DG, the NRC has no current intention to impose this guide, if finalized, on holders of current operating licenses or combined licenses. This DG, if finalized, may be applied to applications for operating licenses and combined licenses docketed by the NRC as of the date of issuance of the final regulatory guide, as well as future applications submitted after the issuance of the regulatory guide. Such action would not constitute backfitting as defined in the Backfit Rule or be otherwise inconsistent with the applicable issue finality provisions in 10 CFR part 52, inasmuch as such applicants or potential applicants are not within the scope of entities protected by the Backfit Rule or the relevant issue finality provisions in part 52. Neither section 50.109 nor the issue finality provisions under 10 CFR part 52 were intended to apply to NRC actions that change the expectations of current and future applicants. However, the issue finality provisions of part 52 may apply when an applicant references a part 52 license or other NRC regulatory approval. Nevertheless, the scope of issue finality provided extends only to the matters resolved in the license or regulatory approval. Early site permits, design certification rules, and standard design approvals typically do not address or resolve compliance with operational programs such as the security requirements in 10 CFR part 73. Therefore, applicants referencing an early site permit, design certification rule, or standard design approval may be asked to follow the guidance in this draft regulatory guide, if finalized, or to provide an equivalent alternative process that demonstrates compliance with the underlying NRC regulatory requirements. Dated at Rockville, Maryland, this 8th day of May, 2018. E:\FR\FM\14MYN1.SGM 14MYN1 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2018–10156 Filed 5–11–18; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2018–213] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: May 16, 2018. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) amozie on DSK3GDR082PROD with NOTICES I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3007.40. The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3010, and 39 CFR part 3020, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comment deadline(s) for each request appear in section II. 1. Docket No(s).: CP2018–213; Filing Title: Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 7 Negotiated Service Agreement and Application for NonPublic Treatment of Materials Filed Under Seal; Filing Acceptance Date: May 8, 2018; Filing Authority: 39 CFR 3015.5; Public Representative: Christopher C. Mohr; Comments Due: May 16, 2018. This Notice will be published in the Federal Register. Stacy L. Ruble, Secretary. [FR Doc. 2018–10190 Filed 5–11–18; 8:45 am] BILLING CODE 7710–FW–P Product Change—Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. SUMMARY: Fmt 4703 FOR FURTHER INFORMATION CONTACT: Elizabeth Reed, 202–268–3179. The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on May 9, 2018, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Express, Priority Mail, & First-Class Package Service Contract 35 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2018–148, CP2018–214. SUPPLEMENTARY INFORMATION: Elizabeth Reed, Attorney, Corporate and Postal Business Law. [FR Doc. 2018–10192 Filed 5–11–18; 8:45 am] BILLING CODE 7710–12–P POSTAL SERVICE Product Change—Priority Mail Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: May 14, 2018. FOR FURTHER INFORMATION CONTACT: Elizabeth Reed, 202–268–3179. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on May 9, 2018, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Contract 433 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2018–149, CP2018–215. Elizabeth Reed, Attorney, Corporate and Postal Business Law. POSTAL SERVICE Frm 00061 Date of required notice: May 14, 2018. SUMMARY: II. Docketed Proceeding(s) PO 00000 DATES: 22299 Sfmt 4703 [FR Doc. 2018–10193 Filed 5–11–18; 8:45 am] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–645, OMB Control No. 3235–0693] Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22297-22299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10156]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2018-0092]


Standard Format and Content of Physical Security Plans, Training 
and Qualifications Plans and Safeguards Contingency Plans for Nuclear 
Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a Draft Regulatory Guide (DG), entitled DG-5048, 
``Standard Format and Content of Physical Security Plans, Training and 
Qualifications Plans and Safeguards Contingency Plans for Nuclear Power 
Plants.'' This draft revision of Regulatory Guide (RG) 5.54 (Revision 
2) renames the guide and consolidates, enhances, and clarifies previous 
staff guidance for the development of licensee site-specific physical 
security plans found in NUREG-0908, ``Acceptance Criteria for the 
Evaluation of Nuclear Power Reactor Security Plans,'' training and 
qualification plans, and safeguards contingency plans. This revision to 
RG 5.54 includes editorial changes and clarifications provided by the 
staff in Security Frequently Asked Questions after the issuance of 
Revision 1.

DATES: Submit comments by July 13, 2018. 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. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0092. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining information and submitting 
comments,

[[Page 22298]]

see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Dennis Gordon, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3633, email: 
[email protected] and 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.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0092 when contacting the NRC 
about the availability of information for 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-2018-0092.
     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 ``ADAMS Public Documents'' and 
then 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]. DG-
5048 is available in ADAMS under Accession No. ML17124A490.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0092 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 and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The draft regulatory guide, entitled, ``Standard Format and Content 
of Physical Security Plans, Training and Qualifications Plans and 
Safeguards Contingency Plans for Nuclear Power Plants,'' is temporarily 
identified by its task number, DG-5048. DG-5048 is proposed Revision 2 
of RG 5.54, ``Standard Format and Content of Physical Security Plans, 
Training and Qualifications Plans and Safeguards Contingency Plans for 
Nuclear Power Plants'' (ADAMS Accession No. ML17124A490). This revision 
of the guide (Revision 2) retitles the guide and consolidates, 
enhances, and clarifies previous staff guidance for the development of 
licensee site-specific physical security plans found in NUREG-0908, 
``Acceptance Criteria for the Evaluation of Nuclear Power Reactor 
Security Plans'' (ADAMS Accession No. ML18128A239), training and 
qualification plans, and safeguards contingency plans. This revision to 
the regulatory guide includes clarifications provided by the staff in 
the Security Frequently Asked Questions after Revision 1 was published, 
and contains a wide variety of editorial changes to the overall 
Revision 1 content. In addition, this revision of the guide provides 
licensees with guidance for developing security plans and safeguards 
contingency plans for title 10 of the Code of Federal Regulations (10 
CFR), part 72 licensees for independent spent fuel storage facilities.

I. Backfitting and Issue Finality

    DG-5048 describes a method that the staff of the NRC considers 
acceptable for use by nuclear power plant licensees in meeting the 
requirements for the standard format and content for licensee physical 
security, training and qualification, and safeguards contingency plans 
and provides general guidance for the identification, description, and 
level of detail that licensees should provide, including site-specific 
conditions, in a comprehensive security plan. Issuance of this DG, if 
finalized, would not constitute backfitting as defined in 10 CFR 50.109 
(the Backfit Rule) and would not otherwise be inconsistent with the 
issue finality provisions in 10 CFR part 52. As discussed in the 
``Implementation'' section of this DG, the NRC has no current intention 
to impose this guide, if finalized, on holders of current operating 
licenses or combined licenses.
    This DG, if finalized, may be applied to applications for operating 
licenses and combined licenses docketed by the NRC as of the date of 
issuance of the final regulatory guide, as well as future applications 
submitted after the issuance of the regulatory guide. Such action would 
not constitute backfitting as defined in the Backfit Rule or be 
otherwise inconsistent with the applicable issue finality provisions in 
10 CFR part 52, inasmuch as such applicants or potential applicants are 
not within the scope of entities protected by the Backfit Rule or the 
relevant issue finality provisions in part 52.
    Neither section 50.109 nor the issue finality provisions under 10 
CFR part 52 were intended to apply to NRC actions that change the 
expectations of current and future applicants. However, the issue 
finality provisions of part 52 may apply when an applicant references a 
part 52 license or other NRC regulatory approval. Nevertheless, the 
scope of issue finality provided extends only to the matters resolved 
in the license or regulatory approval. Early site permits, design 
certification rules, and standard design approvals typically do not 
address or resolve compliance with operational programs such as the 
security requirements in 10 CFR part 73. Therefore, applicants 
referencing an early site permit, design certification rule, or 
standard design approval may be asked to follow the guidance in this 
draft regulatory guide, if finalized, or to provide an equivalent 
alternative process that demonstrates compliance with the underlying 
NRC regulatory requirements.

    Dated at Rockville, Maryland, this 8th day of May, 2018.


[[Page 22299]]


    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2018-10156 Filed 5-11-18; 8:45 am]
 BILLING CODE 7590-01-P


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