81 FR 69088 - General Use of Locks in the Protection and Control of: Facilities, Radioactive Materials, Classified Information, Classified Matter, and Safeguards Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 193 (October 5, 2016)

Page Range		69088-69089
FR Document		2016-23992

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.12, ``General Use of Locks in Protection and Control of: Facilities Radioactive Materials, Classified Information, Classified Matter, and Safeguards Information.'' This RG describes methods and procedures that the staff of the NRC considers acceptable for the selection, use, and control of locking devices in the protection of areas, facilities, certain radioactive materials, and specific types of information (e.g. classified matter, National Security Information (NSI), Restricted Data (RD), Formerly Restricted Data (FRD), Safeguards Information (SGI)).

Federal Register, Volume 81 Issue 193 (Wednesday, October 5, 2016)

[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69088-69089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23992]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0276]


General Use of Locks in the Protection and Control of: 
Facilities, Radioactive Materials, Classified Information, Classified 
Matter, and Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG) 5.12, ``General Use of Locks in 
Protection and Control of: Facilities Radioactive Materials, Classified 
Information, Classified Matter, and Safeguards Information.'' This RG 
describes methods and procedures that the staff of the NRC considers 
acceptable for the selection, use, and control of locking devices in 
the protection of areas, facilities, certain radioactive materials, and 
specific types of information (e.g. classified matter, National 
Security Information (NSI), Restricted Data (RD), Formerly Restricted 
Data (FRD), Safeguards Information (SGI)).

DATES: Revision 1 to RG 5.12 is available on October 5, 2016.

ADDRESSES: Please refer to Docket ID NRC-2014-0276 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publically-available information related to this document, 
using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0276. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Document 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. Revision 1 to RG 5.12, and the regulatory analysis may be 
found in ADAMS under Accession Nos. ML15357A411 and ML14002A222, 
respectively.
     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.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Al Tardiff, Office of Nuclear and 
Incident Response, telephone: 301-287-3616; email: [email protected]; 
and Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 
301-415-1699, email: [email protected]. Both are staff members of 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a revision to an existing 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 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 of RG 5.12 was issued with a temporary identification of 
Draft Regulatory Guide, DG-5027. It incorporates new information, 
lessons learned, and operating experience since the guide was 
originally issued in 1973, particularly new locking technologies and 
standards for locks and keys. Some specific items addressed include the 
basic characteristics of a lock that licensees should consider when 
selecting locks, and information on when licensees should change 
combinations or keys. In addition, references in the RG were updated, a 
reference to an industry dictionary of lock terminology was added to 
aid in reader understanding of the technical aspects of lock systems, 
and the relevant regulations were identified. Furthermore, the title of 
the guide was revised to include the broadened scope of the guide. The 
original scope of the guide included control and protection of 
facilities and special nuclear material (SNM). The revised scope of the 
guide now includes control and protection of: (1) Classified 
information/matter, (2) safeguards information, (3) an aggregated 
Category 1 or Category 2 quantity of radioactive material listed in 
appendix A to part 37 of title 10 of the Code of Federal Regulations 
(10 CFR), and (4) spent nuclear fuel.

II. Additional Information

    The DG-5027, was published in the Federal Register on January 2, 
2015 (80 FR 53) for a 60-day public comment period. The public comment 
period closed on March 3, 2015. Public comments on DG-5027 and the NRC 
staff's responses to the public comments are available in ADAMS under 
Accession No. ML15357A410.

[[Page 69089]]

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 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 
use of locks in the protection and control of facilities, special 
nuclear materials, classified matter, and safeguards information. The 
RG applies to current and future applicants for, and holders of:
     Licenses issued under 10 CFR part 70 to possess or use, at 
any site or contiguous sites subject to licensee control, a formula 
quantity of strategic special nuclear material, as defined in 10 CFR 
70.4;
     operating licenses for nuclear power reactors under 10 CFR 
part 50;
     approvals issued under subparts B, C, E, and F of 10 CFR 
part 52;
     operating licenses for nuclear non-power reactors under 10 
CFR part 50;
     licenses for industrial radiography under 10 CFR part 34;
     licenses for medical use of byproduct material under 10 
CFR part 35;
     licenses for irradiators under 10 CFR part 36;
     licenses authorizing the possession of an aggregated 
Category 1 or Category 2 quantity of radioactive material listed in 
appendix A to 10 CFR part 37;
     licenses for well logging under 10 CFR part 39;
     licenses, certificates, and other NRC approvals, who 
protect safeguards information regulated by the Commission under 10 CFR 
73.21-73.23; and
     licenses, certificates, and other NRC approvals, who may 
protect Secret and Confidential NSI, RD, and FRD received or developed 
in conjunction with activities licensed, certified, or regulated by the 
Commission under 10 CFR part 95.
    Holders of approvals under only parts 34, 35, 36, 37, 39, and 95 of 
the NRC's regulations and holders of non-power reactor operating 
licenses under 10 CFR part 50, are not protected by backfitting or 
issue finality provisions.
    Issuance of this RG does not constitute backfitting under 10 CFR 
parts 50 or 70 and is not otherwise inconsistent with the issue 
finality provisions in 10 CFR part 52. As discussed in the 
``Implementation'' section of this RG, the NRC has no current intention 
to impose the RG on current holders of 10 CFR part 50 operating 
licenses; 10 CFR part 52, subpart B, C, E, or F approvals; or 10 CFR 
part 70 licenses.
    The RG could be applied to applications for 10 CFR part 50 
operating licenses; 10 CFR part 52, subpart B, C, E, or F approvals; or 
licenses issued under part 70. Such action would not constitute 
backfitting as defined in 10 CFR 50.109 or 10 CFR 70.76 or be otherwise 
inconsistent with the applicable issue finality provision in 10 CFR 
part 52, inasmuch as such applicants are not within the scope of 
entities protected by 10 CFR 50.109, 10 CFR 70.76, or the relevant 
issue finality provisions in 10 CFR part 52. Backfitting restrictions 
were not intended to apply to every NRC action that substantially 
changes settled expectations, and applicants have no reasonable 
expectation that future requirements may change, see 54 FR 15372; April 
18, 1989, at 15385-86. Although the issue finality provisions in part 
52 are intended to provide regulatory stability and issue finality, the 
matters addressed in this RG (concerning certain security requirements 
in part 73) are not within the scope of issues that may be resolved for 
design certification, design approval or a manufacturing license, and 
therefore are not subject to issue finality protections in part 52.

    Dated at Rockville, Maryland, this 29th day of September, 2016.

    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. 2016-23992 Filed 10-4-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices 69089

III. Congressional Review Act section of this RG, the NRC has no Filing Online system at http://
This RG is a rule as defined in the current intention to impose the RG on www.prc.gov. Those who cannot submit
Congressional Review Act (5 U.S.C. current holders of 10 CFR part 50 comments electronically should contact
801–808). However, the Office of operating licenses; 10 CFR part 52, the person identified in the FOR FURTHER
Management and Budget has not found subpart B, C, E, or F approvals; or 10 INFORMATION CONTACT section by
it to be a major rule as defined in the CFR part 70 licenses. telephone for advice on filing
The RG could be applied to alternatives.
Congressional Review Act.
applications for 10 CFR part 50
FOR FURTHER INFORMATION CONTACT:
IV. Backfitting and Issue Finality operating licenses; 10 CFR part 52,
David A. Trissell, General Counsel, at
This RG provides updated guidance subpart B, C, E, or F approvals; or
licenses issued under part 70. Such 202–789–6820.
on the methods acceptable to the NRC SUPPLEMENTARY INFORMATION:
action would not constitute backfitting
staff for complying with the NRC’s
as defined in 10 CFR 50.109 or 10 CFR Table of Contents
regulations associated with the use of
70.76 or be otherwise inconsistent with
locks in the protection and control of I. Introduction
the applicable issue finality provision in
facilities, special nuclear materials, II. Docketed Proceeding(s)
10 CFR part 52, inasmuch as such
classified matter, and safeguards
applicants are not within the scope of I. Introduction
information. The RG applies to current
entities protected by 10 CFR 50.109, 10
and future applicants for, and holders The Commission gives notice that the
CFR 70.76, or the relevant issue finality
of: Postal Service filed request(s) for the
provisions in 10 CFR part 52.
• Licenses issued under 10 CFR part Commission to consider matters related
Backfitting restrictions were not
70 to possess or use, at any site or to negotiated service agreement(s). The
intended to apply to every NRC action
contiguous sites subject to licensee request(s) may propose the addition or
that substantially changes settled
control, a formula quantity of strategic removal of a negotiated service
expectations, and applicants have no
special nuclear material, as defined in reasonable expectation that future agreement from the market dominant or
10 CFR 70.4; requirements may change, see 54 FR the competitive product list, or the
• operating licenses for nuclear 15372; April 18, 1989, at 15385–86. modification of an existing product
power reactors under 10 CFR part 50; Although the issue finality provisions in currently appearing on the market
• approvals issued under subparts B, part 52 are intended to provide dominant or the competitive product
C, E, and F of 10 CFR part 52; regulatory stability and issue finality, list.
• operating licenses for nuclear non- the matters addressed in this RG Section II identifies the docket
power reactors under 10 CFR part 50; (concerning certain security number(s) associated with each Postal
• licenses for industrial radiography requirements in part 73) are not within Service request, the title of each Postal
under 10 CFR part 34; the scope of issues that may be resolved Service request, the request’s acceptance
• licenses for medical use of for design certification, design approval date, and the authority cited by the
byproduct material under 10 CFR part or a manufacturing license, and Postal Service for each request. For each
35; therefore are not subject to issue finality request, the Commission appoints an
• licenses for irradiators under 10 protections in part 52. officer of the Commission to represent
CFR part 36; the interests of the general public in the
• licenses authorizing the possession Dated at Rockville, Maryland, this 29th day proceeding, pursuant to 39 U.S.C. 505
of September, 2016.
of an aggregated Category 1 or Category (Public Representative). Section II also
2 quantity of radioactive material listed For the Nuclear Regulatory Commission. establishes comment deadline(s)
in appendix A to 10 CFR part 37; Thomas H. Boyce, pertaining to each request.
• licenses for well logging under 10 Chief, Regulatory Guidance and Generic The public portions of the Postal
CFR part 39; Issues Branch, Division of Engineering, Office Service’s request(s) can be accessed via
• licenses, certificates, and other NRC of Nuclear Regulatory Research. the Commission’s Web site (http://
approvals, who protect safeguards [FR Doc. 2016–23992 Filed 10–4–16; 8:45 am] www.prc.gov). Non-public portions of
information regulated by the BILLING CODE 7590–01–P the Postal Service’s request(s), if any,
Commission under 10 CFR 73.21–73.23; can be accessed through compliance
and with the requirements of 39 CFR
• licenses, certificates, and other NRC POSTAL REGULATORY COMMISSION 3007.40.
approvals, who may protect Secret and The Commission invites comments on
[Docket No. CP2016–99]
Confidential NSI, RD, and FRD received whether the Postal Service’s request(s)
or developed in conjunction with New Postal Products in the captioned docket(s) are consistent
activities licensed, certified, or with the policies of title 39. For
regulated by the Commission under 10 AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states
CFR part 95. ACTION: Notice. concern market dominant product(s),
Holders of approvals under only parts applicable statutory and regulatory
34, 35, 36, 37, 39, and 95 of the NRC’s SUMMARY: The Commission is noticing requirements include 39 U.S.C. 3622, 39
regulations and holders of non-power recent Postal Service filings for the U.S.C. 3642, 39 CFR part 3010, and 39
reactor operating licenses under 10 CFR Commission’s consideration concerning CFR part 3020, subpart B. For request(s)
asabaliauskas on DSK3SPTVN1PROD with NOTICES

part 50, are not protected by backfitting negotiated service agreements. This that the Postal Service states concern
or issue finality provisions. notice informs the public of the filing, competitive product(s), applicable
Issuance of this RG does not invites public comment, and takes other statutory and regulatory requirements
constitute backfitting under 10 CFR administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633,
parts 50 or 70 and is not otherwise DATES: Comments are due: October 6, 39 U.S.C. 3642, 39 CFR part 3015, and
inconsistent with the issue finality 2016. 39 CFR part 3020, subpart B. Comment
provisions in 10 CFR part 52. As ADDRESSES: Submit comments deadline(s) for each request appear in
discussed in the ‘‘Implementation’’ electronically via the Commission’s section II.

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Document Created: 2016-10-05 03:29:48
Document Modified: 2016-10-05 03:29:48

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.
Dates		Revision 1 to RG 5.12 is available on October 5, 2016.
Contact		Al Tardiff, Office of Nuclear and Incident Response, telephone: 301-287-3616; email: [email protected]ov; and Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-415-1699, email: [email protected] Both are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		81 FR 69088