80 FR 32622 - Standard Format and Content of Transportation Security Plans for Classified Matter Shipments

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 110 (June 9, 2015)

Page Range		32622-32623
FR Document		2015-14018

The U.S. Nuclear Regulatory Commission (NRC) is issuing a new Regulatory Guide (RG) 7.13, ``Standard Format and Content of Transportation Security Plans for Classified Matter Shipments.'' The guide describes a method that NRC staff considers acceptable for compliance with the agency's regulations with regard to the development of classified matter transportation security plans, which identify the correct measures to protect classified matter while in transport.

Federal Register, Volume 80 Issue 110 (Tuesday, June 9, 2015)

[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32622-32623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14018]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0081]


Standard Format and Content of Transportation Security Plans for 
Classified Matter Shipments

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
Regulatory Guide (RG) 7.13, ``Standard Format and Content of 
Transportation Security Plans for Classified Matter Shipments.'' The 
guide describes a method that NRC staff considers acceptable for 
compliance with the agency's regulations with regard to the development 
of classified matter transportation security plans, which identify the 
correct measures to protect classified matter while in transport.

ADDRESSES: The document will be available for those who have 
established a ``need-to-know'' and possess access permission to 
Official Use Only--Security Related Information (OUO-SRI). To obtain 
the document, contact: Al Tardiff, Office of Nuclear Security and 
Incident Response, telephone: 301-287-3616 or email: 
Al.Tardiff@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear Security 
and Incident Response, telephone: 301-287-3616, email: 
Al.Tardiff@nrc.gov, or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-251-7489, email: Mekonen.Bayssie@nrc.gov. U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing a new guide 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

[[Page 32623]]

parts of the agency'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.
    Regulatory guide RG 7.13 is withheld from public disclosure but is 
available to those affected licensees and cleared stakeholders who can 
or have demonstrated a need to know. The ``Backfitting and Issue 
Finality'' section describes previously issued guidance on this 
subject, which is entitled, Interim Staff Guidance (ISG) DSP-ISG-01, 
Staff Review Procedure for Transportation Security Plans for Classified 
Matter Shipments (July 7, 2006). This document also contains OUO-SRI 
information.

II. Additional Information

    DG-7005, was published in the Federal Register on April 25, 2014 
(79 FR 23015) for a 60-day stakeholders' comment period. The 
stakeholders' comment period closed on June 24, 2014. Stakeholders' 
comments on DG-7005 and the staff responses to the stakeholders' 
comments can be obtained the individuals listed in the FOR FURTHER 
INFORMATION section of this document.

 III. Congressional Review Act

    This regulatory guide 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.

III. Backfitting and Issue Finality

    Issuance of this final regulatory guide does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not 
otherwise inconsistent with the issue finality provisions in 10 CFR 
part 52. This RG provides guidance on development of transportation 
security plans to protect classified information while such information 
is in transport, in order to meet the requirements of 10 CFR part 95. 
The staff has previously issued guidance on this subject in DSP-ISG-01, 
Staff Review Procedure for Transportation Security Plans for Classified 
Matter Shipments (July 7, 2006). The staff will use the guidance in the 
review and approval of new and amended transportation security plans 
submitted to the NRC. Current licensees with NRC-approved 
transportation security plans may continue to use DSP-ISG-01, which the 
NRC has found acceptable for complying with 10 CFR part 95 regulations 
as long as the licensees do not change their NRC-approved 
transportation security plans.
    This regulatory guide does not constitute backfitting as described 
above, would not constitute backfitting under any of the backfitting 
provisions in 10 CFR Chapter I, nor would it be regarded as backfitting 
under Commission and Executive Director for Operations guidance. In 
addition, issuance of the RG would not otherwise be inconsistent with 
the issue finality provisions in 10 CFR part 52. The staff's position 
is based upon the following considerations.
    1. Part 95 applies to materials licensees and other entities 
transporting (or placing into transport) classified security 
information, and contains requirements governing such transport. 
Although some of these materials licensees are protected by backfitting 
or issue finality provisions in 10 CFR part 52, these backfitting and 
issue finality protections do not extend to the procedures governing 
transport of classified information. For example, under the definition 
of backfitting in 10 CFR 50.109(a)(1), protection is afforded to 
nuclear power plant licensees against changes in, or new requirements 
and guidance on, inter alia, ``procedures or organization required to . 
. . operate a facility.'' Procedures governing the transportation of 
materials off of the facility site cannot reasonably be viewed as 
constituting such facility operating procedures. The backfitting and 
issue finality provisions applicable to other materials licensees are 
written in an analogous fashion. Therefore, changes to the guidance on 
compliance with 10 CFR part 95--even if imposed on these materials 
licensees who are protected by backfitting or issue protection 
provisions in 10 CFR part 52 (see the discussion in item 2)--would not 
constitute backfitting or a violation of issue finality provisions 
under 10 CFR part 52.
    2. Even if the NRC were to conclude that materials licensees are 
afforded backfitting protection with respect to procedures governing 
transportation of classified information, changes in guidance would not 
constitute backfitting as defined in the various NRC backfitting 
provisions unless imposed on materials licensees. As described earlier, 
the NRC staff does not intend to impose or apply the guidance in this 
RG to existing licensees who already have NRC-approved transportation 
security plans (the exception is where a licensee makes changes to or 
proposes to amend such plans; the backfitting and issue finality 
implications are discussed in item 3 below). Given this current lack of 
staff intention to impose the guidance in this RG, this would not 
constitute backfitting or a violation of issue finality provisions 
under 10 CFR part 52. If the staff seeks to impose a position in the RG 
7.13 on holders of already issued licenses in a manner which 
constitutes backfitting or does not provide issue finality as described 
in the applicable issue finality provision then the staff must make the 
showing as set forth in the applicable backfitting provision or address 
the criteria for avoiding issue finality as described applicable issue 
finality provision.
    3. A licensing basis change voluntarily initiated by a licensee is 
not considered to be backfitting. In such cases, the policy 
considerations underlying the NRC's backfitting provisions, viz. 
regulatory stability and predictability concerning the terms of an NRC 
approval, are not applicable where the licensee itself voluntarily 
seeks a change to its licensing basis. This rationale is reflected in a 
July 14, 2010, letter from the NRC General Counsel to NEI's General 
Counsel (ADAMS Accession No. ML101960180)
    4. Even if the NRC were to conclude that materials licensees are 
afforded backfitting protection with respect to procedures governing 
transportation of classified information, applicants and potential/
future applicants for such materials licenses are not, with certain 
exceptions not relevant here, protected under either the various NRC 
backfitting provisions or the issue finality provisions under 10 CFR 
part 52. This is because neither the backfitting provisions nor the 
issue finality provisions under 10 CFR part 52 were intended for every 
NRC action which substantially changes the expectations of current and 
future applicants.

    Dated at Rockville, Maryland, this 3rd day of June, 2015.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-14018 Filed 6-8-15; 8:45 am]
 BILLING CODE 7590-01-P

32622 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices

granting or denying access) is governed minimize any unnecessary delays in processing and resolving requests under
by 10 CFR 2.311.3 identifying those petitioners who have these procedures.
I. The Commission expects that the standing and who have propounded It is so ordered.
NRC staff and presiding officers (and contentions meeting the specificity and Dated at Rockville, Maryland, this 20th day
any other reviewing officers) will basis requirements in 10 CFR part 2. of May, 2015.
consider and resolve requests for access Attachment 1 to this Order summarizes For the Nuclear Regulatory Commission.
to SUNSI, and motions for protective the general target schedule for Annette L. Vietti-Cook,
orders, in a timely fashion in order to Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/Activity

0 ............... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions
for access requests.
10 ............. Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Sup-
porting the standing of a potential party identified by name and address; describing the need for the information in order for the
potential party to participate meaningfully in an adjudicatory proceeding.
60 ............. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation
does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 ............. U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If
NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation
of redactions or review of redacted documents).
25 ............. If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to re-
verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Adminis-
trative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the
proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion
seeking a ruling to reverse the NRC staff’s grant of access.
30 ............. Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ............. (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement
for SUNSI.
A .............. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sen-
sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse
determination by the NRC staff.
A + 3 ........ Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days re-
main between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as estab-
lished in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 .... Decision on contention admission.

[FR Doc. 2015–12783 Filed 6–8–15; 8:45 am] Security Plans for Classified Matter FOR FURTHER INFORMATION CONTACT: Al
BILLING CODE 7590–01–P Shipments.’’ The guide describes a Tardiff, Office of Nuclear Security and
method that NRC staff considers Incident Response, telephone: 301–287–
acceptable for compliance with the 3616, email: Al.Tardiff@nrc.gov, or
NUCLEAR REGULATORY agency’s regulations with regard to the Mekonen Bayssie, Office of Nuclear
COMMISSION development of classified matter Regulatory Research, telephone: 301–
[NRC–2014–0081] transportation security plans, which 251–7489, email: Mekonen.Bayssie@
identify the correct measures to protect nrc.gov. U.S. Nuclear Regulatory
Standard Format and Content of classified matter while in transport. Commission, Washington, DC 20555–
Transportation Security Plans for 0001.
Classified Matter Shipments ADDRESSES: The document will be
SUPPLEMENTARY INFORMATION:
available for those who have established
AGENCY: Nuclear Regulatory a ‘‘need-to-know’’ and possess access I. Introduction
Commission. permission to Official Use Only—
ACTION: Regulatory guide; issuance. The NRC is issuing a new guide in the
Security Related Information (OUO–
NRC’s ‘‘Regulatory Guide’’ series. This
SUMMARY: The U.S. Nuclear Regulatory SRI). To obtain the document, contact: series was developed to describe and
tkelley on DSK3SPTVN1PROD with NOTICES

Commission (NRC) is issuing a new Al Tardiff, Office of Nuclear Security make available to the public information
Regulatory Guide (RG) 7.13, ‘‘Standard and Incident Response, telephone: 301– regarding methods that are acceptable to
Format and Content of Transportation 287–3616 or email: Al.Tardiff@nrc.gov. the NRC staff for implementing specific
3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures.
49139; August 28, 2007) apply to appeals of NRC

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Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32623

parts of the agency’s regulations, not change their NRC-approved intention to impose the guidance in this
techniques that the staff uses in transportation security plans. RG, this would not constitute backfitting
evaluating specific issues or postulated This regulatory guide does not or a violation of issue finality provisions
events, and data that the staff needs in constitute backfitting as described under 10 CFR part 52. If the staff seeks
its review of applications for permits above, would not constitute backfitting to impose a position in the RG 7.13 on
and licenses. under any of the backfitting provisions holders of already issued licenses in a
Regulatory guide RG 7.13 is withheld in 10 CFR Chapter I, nor would it be manner which constitutes backfitting or
from public disclosure but is available regarded as backfitting under does not provide issue finality as
to those affected licensees and cleared Commission and Executive Director for
described in the applicable issue finality
stakeholders who can or have Operations guidance. In addition,
provision then the staff must make the
demonstrated a need to know. The issuance of the RG would not otherwise
‘‘Backfitting and Issue Finality’’ section be inconsistent with the issue finality showing as set forth in the applicable
describes previously issued guidance on provisions in 10 CFR part 52. The staff’s backfitting provision or address the
this subject, which is entitled, Interim position is based upon the following criteria for avoiding issue finality as
Staff Guidance (ISG) DSP–ISG–01, Staff considerations. described applicable issue finality
Review Procedure for Transportation 1. Part 95 applies to materials provision.
Security Plans for Classified Matter licensees and other entities transporting 3. A licensing basis change
Shipments (July 7, 2006). This (or placing into transport) classified voluntarily initiated by a licensee is not
document also contains OUO–SRI security information, and contains considered to be backfitting. In such
information. requirements governing such transport. cases, the policy considerations
Although some of these materials underlying the NRC’s backfitting
II. Additional Information licensees are protected by backfitting or provisions, viz. regulatory stability and
DG–7005, was published in the issue finality provisions in 10 CFR part
predictability concerning the terms of
Federal Register on April 25, 2014 (79 52, these backfitting and issue finality
FR 23015) for a 60-day stakeholders’ an NRC approval, are not applicable
protections do not extend to the
comment period. The stakeholders’ procedures governing transport of where the licensee itself voluntarily
comment period closed on June 24, classified information. For example, seeks a change to its licensing basis.
2014. Stakeholders’ comments on DG– under the definition of backfitting in 10 This rationale is reflected in a July 14,
7005 and the staff responses to the CFR 50.109(a)(1), protection is afforded 2010, letter from the NRC General
stakeholders’ comments can be obtained to nuclear power plant licensees against Counsel to NEI’s General Counsel
the individuals listed in the FOR changes in, or new requirements and (ADAMS Accession No. ML101960180)
FURTHER INFORMATION section of this guidance on, inter alia, ‘‘procedures or 4. Even if the NRC were to conclude
document. organization required to . . . operate a that materials licensees are afforded
facility.’’ Procedures governing the backfitting protection with respect to
III. Congressional Review Act transportation of materials off of the procedures governing transportation of
This regulatory guide is a rule as facility site cannot reasonably be viewed classified information, applicants and
defined in the Congressional Review as constituting such facility operating potential/future applicants for such
Act (5 U.S.C. 801–808). However, the procedures. The backfitting and issue
Office of Management and Budget has materials licenses are not, with certain
finality provisions applicable to other
not found it to be a major rule as exceptions not relevant here, protected
materials licensees are written in an
defined in the Congressional Review analogous fashion. Therefore, changes to under either the various NRC backfitting
Act. the guidance on compliance with 10 provisions or the issue finality
CFR part 95—even if imposed on these provisions under 10 CFR part 52. This
III. Backfitting and Issue Finality is because neither the backfitting
materials licensees who are protected by
Issuance of this final regulatory guide backfitting or issue protection provisions nor the issue finality
does not constitute backfitting as provisions in 10 CFR part 52 (see the provisions under 10 CFR part 52 were
defined in 10 CFR 50.109 (the Backfit discussion in item 2)—would not intended for every NRC action which
Rule) and is not otherwise inconsistent constitute backfitting or a violation of substantially changes the expectations
with the issue finality provisions in 10 issue finality provisions under 10 CFR of current and future applicants.
CFR part 52. This RG provides guidance part 52. Dated at Rockville, Maryland, this 3rd day
on development of transportation 2. Even if the NRC were to conclude of June, 2015.
security plans to protect classified that materials licensees are afforded
information while such information is backfitting protection with respect to For the Nuclear Regulatory Commission.
in transport, in order to meet the procedures governing transportation of Harriet Karagiannis,
requirements of 10 CFR part 95. The classified information, changes in Acting Chief, Regulatory Guidance and
staff has previously issued guidance on guidance would not constitute Generic Issues Branch, Division of
this subject in DSP–ISG–01, Staff backfitting as defined in the various Engineering, Office of Nuclear Regulatory
Review Procedure for Transportation NRC backfitting provisions unless Research.
Security Plans for Classified Matter imposed on materials licensees. As [FR Doc. 2015–14018 Filed 6–8–15; 8:45 am]
Shipments (July 7, 2006). The staff will described earlier, the NRC staff does not BILLING CODE 7590–01–P
use the guidance in the review and intend to impose or apply the guidance
approval of new and amended in this RG to existing licensees who
tkelley on DSK3SPTVN1PROD with NOTICES

transportation security plans submitted already have NRC-approved
to the NRC. Current licensees with NRC- transportation security plans (the
approved transportation security plans exception is where a licensee makes
may continue to use DSP–ISG–01, changes to or proposes to amend such
which the NRC has found acceptable for plans; the backfitting and issue finality
complying with 10 CFR part 95 implications are discussed in item 3
regulations as long as the licensees do below). Given this current lack of staff

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Document Created: 2015-12-15 15:25:34
Document Modified: 2015-12-15 15:25:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Regulatory guide; issuance.
Contact		Al Tardiff, Office of Nuclear Security and Incident Response, telephone: 301-287-3616, email: [email protected], or Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-251-7489, email: [email protected] U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		80 FR 32622