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, 12209-12210 [2022-04453]

Download as PDF Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 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 ‘‘Cyber Security Programs for Nuclear Power Reactors,’’ is temporarily identified by its task number, DG–5061, Revision 1 (ADAMS Accession No. ML21095A329) is a proposed revision to RG 5.71, ‘‘Cyber Security Programs for Nuclear Facilities.’’ It provides NRC licensees with guidance on meeting the cyber security requirements described in section 73.54 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Protection of digital computer and communication systems and networks.’’ The staff is also issuing for public comment a draft regulatory analysis (ADAMS Accession No. ML21130A636). The staff developed the regulatory analysis to assess the value of revising RG 5.71 as well as alternative courses of action. DG–5061, Revision 1, clarifies issues identified from cyber security inspections, insights gained through the SFAQ process, lessons learned from international and domestic cyber security attacks, new technologies, and new regulations. In addition, it considers changes in NIST SP 800–53, upon which Revision 0 of RG 5.71 was based. In 2010, the Commission issued Staff Requirements Memorandum (SRM), SRM–COMWCO–10–0001 (ADAMS Accession No. ML102940009) which clarified the scope of the cyber security rule regarding balance of plant (BOP) systems. This proposed revision to RG 5.71 includes guidance for structures, systems, and components in the BOP systems. III. Backfitting, Forward Fitting, and Issue Finality DG–5061, Revision 1, if finalized, would revise RG 5.71, which describes methods acceptable for use by nuclear power plant licensees in meeting the requirements for the cyber security requirements in 10 CFR 73.54. Issuance VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 of DG–5061 Revision 1, if finalized, would 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 DG– 5061 Revision 1, applicants and licensees would not be required to comply with the positions set forth in DG–5061. 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 development of new RGs. Suggestions can be submitted on the NRC’s public website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ contactus.html. Suggestions will be considered in future updates and enhancements to the ‘‘Regulatory Guide’’ series. Dated: February 28, 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. 2022–04464 Filed 3–2–22; 8:45 am] BILLING CODE 7590–01–P 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 Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. AGENCY: 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- SUMMARY: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 12209 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: Niry.Simonian@ nrc.gov or 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. 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 E:\FR\FM\03MRN1.SGM 03MRN1 12210 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Notices 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—SecurityRelated 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 designbasis threat for nuclear power reactors. VerDate Sep<11>2014 18:23 Mar 02, 2022 Jkt 256001 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 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 POSTAL REGULATORY COMMISSION [Docket No. MC2022–40; Order No. 6107] Mail Classification Schedule Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is recognizing a recent Postal Service filing requesting the addition of Extended Mail Forwarding as a permanent offering on the market dominant product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: March 7, 2022. Reply comments are due: March 14, 2022. ADDRESSES: 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. SUMMARY: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: On February 14, 2022, the Postal Service filed a request pursuant to 39 U.S.C. 3642 and 39 CFR 3045.18 to modify the Mail Classification Schedule (MCS) by adding Extended Mail Forwarding as a permanent offering to the market dominant product list and establishing classification language and prices for Extended Mail Forwarding.1 The Postal Service explains that the Commission authorized the market test in Order No. 5591 on July 20, 2020.2 The test was initially introduced in nine postal districts, but on October 1, 2020, the test was expanded nationwide.3 The Postal Service states that the test proved successful and proposes to add Extended Mail Forwarding to its Market Dominant Products: Special Services: Address Management Services, under section 1515.1 of its MCS. Request at 1– 2. The Postal Service states that Extended Mail Forwarding provides customers who submit a permanent change-of-address request the option of extending mail forwarding beyond the 1 United States Postal Service Request to Convert Extended Mail Forwarding to a Permanent Offering, February 14, 2022 (Request). 2 Request at 1; Docket No. MT2020–2, Order Authorizing Extended Mail Forwarding Market Test, July 20, 2020 (Order No. 5591). 3 Request at 1; Docket No. MT2020–2, United States Postal Service Notice of Material Change to Market Test, September 18, 2020. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

NUCLEAR REGULATORY COMMISSION

[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.

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

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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