81 FR 10686 - Clarification of Compensatory Measure Requirements for Physical Protection Program Deficiencies

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range		10686-10687
FR Document		2016-04347

The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on a draft regulatory issue summary (RIS) entitled, RIS 2016- XX, ``Clarification on the Implementation of Compensatory Measures for Protective Strategy Deficiencies or Degraded or Inoperable Security Systems, Equipment, or Components.'' The NRC intends to issue this RIS to remind licensees of the requirement to implement compensatory measures, supported by a site-specific analysis, to ensure that licensees maintain, at all times, the capability to detect, assess, interdict, and neutralize threats as identified in NRC regulations. Compensatory measures must be implemented for degraded or inoperable security systems, equipment, or components, and for protective strategy deficiencies identified during performance evaluation exercises and drills.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10686-10687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04347]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0043]


Clarification of Compensatory Measure Requirements for Physical 
Protection Program Deficiencies

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory issue summary; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking public 
comment on a draft regulatory issue summary (RIS) entitled, RIS 2016-
XX, ``Clarification on the Implementation of Compensatory Measures for 
Protective Strategy Deficiencies or Degraded or Inoperable Security 
Systems, Equipment, or Components.'' The NRC intends to issue this RIS 
to remind licensees of the requirement to implement compensatory 
measures, supported by a site-specific analysis, to ensure that 
licensees maintain, at all times, the capability to detect, assess, 
interdict, and neutralize threats as identified in NRC regulations. 
Compensatory measures must be implemented for degraded or inoperable 
security systems, equipment, or components, and for protective strategy 
deficiencies identified during performance evaluation exercises and 
drills.

DATES: Submit comments by March 31, 2016. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0043. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Cardenas, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-
0756; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0043 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0043.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. This RIS is available under ADAMS 
Accession No. ML15040A596.
     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-2016-0043 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 http://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

[[Page 10687]]

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. Background

    The Commission directed the NRC staff in Staff Requirements 
Memorandum (SRM) ``COMGEA/COMWCO-14-0001--Proposed Initiative to 
Conduct a Lessons Learned Review of the NRC's Force-on-Force Inspection 
Program'' (ADAMS Accession No. ML14043A063) to conduct a lessons-
learned review of the NRC's force-on-force inspection program. Through 
this review, the NRC staff identified that, in certain cases, licensees 
have implemented immediate compensatory measures where such measures 
are not required by NRC regulations and guidance. The NRC staff 
identified proposed enhancements to the force-on-force inspection 
program and communicated these to the Commission in SECY-14-0088, 
``Proposed Options to Address Lessons-Learned Review of the U.S. 
Nuclear Regulatory Commission's Force-on-Force Inspection Program in 
Response to Staff Requirements Memorandum--COMGEA/COMWCO-14-001'' 
(ADAMS Accession No. ML14139A231).
    One of the proposed enhancements was to issue a generic 
communication to licensees clarifying when compensatory measures must 
be immediately implemented. In SRM-SECY-14-0088, ``Proposed Options to 
Address Lessons Learned Review of the NRC's Force-on-Force Inspection 
Program in Response to Staff Requirements--COMGEA/COMWCO-14-0001'' 
(ADAMS Accession No. ML14353A433), the Commission directed the staff to 
issue a proposed generic communication to clarify the NRC's 
expectations regarding the implementation of compensatory measures. 
Therefore, the NRC is issuing a draft RIS to communicate with 
stakeholders on this matter.
    The intent of this RIS is to remind addressees of the requirement 
for implementation of compensatory measures, supported by a site-
specific analysis, to ensure that their physical protection program 
maintains, at all times, the capability to detect, assess, interdict, 
and neutralize threats, as identified in Section 73.1, ``Purpose and 
Scope,'' of title 10 of the Code of Federal Regulations (10 CFR). 
Compensatory measures must be implemented for degraded or inoperable 
security systems, equipment, or components, and for protective strategy 
deficiencies identified during performance evaluation exercises and 
drills. Licensees should use a site-specific analysis, based on all 
available information, to determine the specific timeframes and 
measures to compensate for protective strategy deficiencies, or 
degraded or inoperable security equipment, systems, or components.

III. Proposed Action

    The NRC is requesting public comments on the draft RIS 2016-XX. The 
NRC staff will make a final determination regarding issuance of the RIS 
after it considers any public comments received in response to this 
request.

    Dated at Rockville, Maryland, this 24th day of February 2016.

    For the Nuclear Regulatory Commission.
J. Todd Keene,
Acting Chief, Generic Communications Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-04347 Filed 2-29-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10687

disclosed in their comment submission. identified during performance the 1,709 hours per response (427.25
Your request should state that the NRC evaluation exercises and drills. hours) is prepared by the registrant for
does not routinely edit comment Licensees should use a site-specific a total annual reporting burden of
submissions to remove such information analysis, based on all available 26,917 hours (427.25 hours per response
before making the comment information, to determine the specific × 63 responses).
submissions available to the public or timeframes and measures to compensate
An agency may not conduct or
entering the comment into ADAMS. for protective strategy deficiencies, or
sponsor, and a person is not required to
II. Background degraded or inoperable security
equipment, systems, or components. respond to, a collection of information
The Commission directed the NRC unless it displays a currently valid OMB
staff in Staff Requirements III. Proposed Action control number.
Memorandum (SRM) ‘‘COMGEA/ The NRC is requesting public The public may view the background
COMWCO–14–0001—Proposed comments on the draft RIS 2016–XX. documentation for this information
Initiative to Conduct a Lessons Learned The NRC staff will make a final collection at the following Web site,
Review of the NRC’s Force-on-Force determination regarding issuance of the www.reginfo.gov . Comments should be
Inspection Program’’ (ADAMS RIS after it considers any public directed to: (i) Desk Officer for the
Accession No. ML14043A063) to comments received in response to this Securities and Exchange Commission,
conduct a lessons-learned review of the request.
NRC’s force-on-force inspection Office of Information and Regulatory
Dated at Rockville, Maryland, this 24th day Affairs, Office of Management and
program. Through this review, the NRC of February 2016.
staff identified that, in certain cases, Budget, Room 10102, New Executive
For the Nuclear Regulatory Commission. Office Building, Washington, DC 20503,
licensees have implemented immediate
compensatory measures where such J. Todd Keene, or by sending an email to: Shagufta_
measures are not required by NRC Acting Chief, Generic Communications Ahmed@omb.eop.gov; and (ii) Pamela
regulations and guidance. The NRC staff Branch, Division of Policy and Rulemaking, Dyson, Director/Chief Information
Office of Nuclear Reactor Regulation. Officer, Securities and Exchange
identified proposed enhancements to
the force-on-force inspection program [FR Doc. 2016–04347 Filed 2–29–16; 8:45 am] Commission, c/o Remi Pavlik-Simon,
and communicated these to the BILLING CODE 7590–01–P 100 F Street NE., Washington, DC 20549
Commission in SECY–14–0088, or send an email to: PRA_Mailbox@
‘‘Proposed Options to Address Lessons- sec.gov. Comments must be submitted to
Learned Review of the U.S. Nuclear SECURITIES AND EXCHANGE OMB within 30 days of this notice.
Regulatory Commission’s Force-on- COMMISSION
Dated: February 24, 2016.
Force Inspection Program in Response
to Staff Requirements Memorandum— Submission for OMB Review; Robert W. Errett,
COMGEA/COMWCO–14–001’’ (ADAMS Comment Request Deputy Secretary.
Accession No. ML14139A231). Upon Written Request Copies Available [FR Doc. 2016–04440 Filed 2–29–16; 8:45 am]
One of the proposed enhancements From: Securities and Exchange BILLING CODE 8011–01–P
was to issue a generic communication to Commission, Office of FOIA Services,
licensees clarifying when compensatory 100 F Street NE., Washington, DC
measures must be immediately 20549–2736. SECURITIES AND EXCHANGE
implemented. In SRM–SECY–14–0088, COMMISSION
‘‘Proposed Options to Address Lessons Extension:
Learned Review of the NRC’s Force-on- Form F–1, SEC File No. 270–249, OMB
Control No. 3235–0258. [Release No. 34–77226; File No. SR–
Force Inspection Program in Response NASDAQ–2016–023]
to Staff Requirements—COMGEA/ Notice is hereby given that, pursuant
COMWCO–14–0001’’ (ADAMS to the Paperwork Reduction Act of 1995 Self-Regulatory Organizations; The
Accession No. ML14353A433), the (44 U.S.C. 3501 et seq.), the Securities NASDAQ Stock Market LLC; Notice of
Commission directed the staff to issue a and Exchange Commission Filing of Proposed Rule Change To
proposed generic communication to (‘‘Commission’’) has submitted to the
Amend Rules 4702 and 4703
clarify the NRC’s expectations regarding Office of Management and Budget
the implementation of compensatory (‘‘OMB’’) this request for an extension of February 24, 2016,
measures. Therefore, the NRC is issuing the previously approved collection of
information discussed below. Pursuant to Section 19(b)(1) of the
a draft RIS to communicate with
stakeholders on this matter. Form F–1 (17 CFR 239.31) is the form Securities Exchange Act of 1934
The intent of this RIS is to remind used by foreign private issuers to (‘‘Act’’),1 and Rule 19b–4 thereunder,2
addressees of the requirement for register the offer and sale of securities notice is hereby given that on February
implementation of compensatory under the Securities Act of 1933 (15 10, 2016, The NASDAQ Stock Market
measures, supported by a site-specific U.S.C. 77a et seq.) when no other form LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
analysis, to ensure that their physical is authorized or prescribed. The with the Securities and Exchange
protection program maintains, at all information collected is intended to Commission (‘‘Commission’’) the
times, the capability to detect, assess, ensure that the information required to proposed rule change as described in
asabaliauskas on DSK5VPTVN1PROD with NOTICES

interdict, and neutralize threats, as be filed by the Commission permits Items I and II below, which Items have
identified in Section 73.1, ‘‘Purpose and verification of compliance with been prepared by the Exchange. The
Scope,’’ of title 10 of the Code of Federal securities law requirements and assures Commission is publishing this notice to
Regulations (10 CFR). Compensatory the public availability of such solicit comments on the proposed rule
measures must be implemented for information. Form F–1 takes change from interested persons.
degraded or inoperable security approximately 1,709 hours per response
systems, equipment, or components, and is filed by approximately 63 1 15 U.S.C. 78s(b)(1).
and for protective strategy deficiencies respondents. We estimate that 25% of 2 17 CFR 240.19b–4.

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Document Created: 2018-02-02 15:00:01
Document Modified: 2018-02-02 15:00:01

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		Draft regulatory issue summary; request for comment.
Dates		Submit comments by March 31, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.
Contact		Daniel Cardenas, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287- 0756; email: [email protected]
FR Citation		81 FR 10686