81_FR_9555 81 FR 9518 - Clarification of Licensee Actions in Support of Enforcement Guidance for Tornado-Generated Missiles

81 FR 9518 - Clarification of Licensee Actions in Support of Enforcement Guidance for Tornado-Generated Missiles

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 37 (February 25, 2016)

Page Range9518-9519
FR Document2016-04023

The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DSS-ISG-2016-01, ``Clarification of Licensee Actions in Receipt of Enforcement Discretion Per Enforcement Guidance Memorandum EGM 15-002, `Enforcement Discretion for Tornado- Generated Missile Protection Noncompliance.' '' This ISG provides clarifying guidance for staff understanding of expectations for consistent oversight associated with implementing enforcement discretion for tornado missile protection noncompliance per EGM 15-002 and allows consistent enforcement and regulation of licensees that implement corrective actions outlined in EGM 15-002.

Federal Register, Volume 81 Issue 37 (Thursday, February 25, 2016)
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9518-9519]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04023]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0231]


Clarification of Licensee Actions in Support of Enforcement 
Guidance for Tornado-Generated Missiles

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG) DSS-ISG-2016-01, ``Clarification of 
Licensee Actions in Receipt of Enforcement Discretion Per Enforcement 
Guidance Memorandum EGM 15-002, `Enforcement Discretion for Tornado-
Generated Missile Protection Noncompliance.' '' This ISG provides 
clarifying guidance for staff understanding of expectations for 
consistent oversight associated with implementing enforcement 
discretion for tornado missile protection noncompliance per EGM 15-002 
and allows consistent enforcement and regulation of licensees that 
implement corrective actions outlined in EGM 15-002.

DATES: This guidance is effective on February 25, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0231 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0231. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual(s) 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 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]. 
Interim Staff Guidance DSS-ISG-2016-01, ``Clarification of Licensee 
Actions in Receipt of Enforcement Discretion Per Enforcement Guidance 
Memorandum EGM 15-002, `Enforcement Discretion for Tornado-Generated 
Missile Protection Noncompliance' '' is available in ADAMS under 
Accession No. ML15348A202.
     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.

FOR FURTHER INFORMATION CONTACT: Todd Keene, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1994, email: [email protected].

SUPPLEMENTARY INFORMATION: Following the issuance of EGM 15-002 (ADAMS 
Accession No. ML15111A269), the staff received stakeholder comments 
requesting clarification in complying with NRC expectations for 
implementing enforcement discretion in accordance with the EGM, 
specifically the implementation of compensatory measures and guidance 
on addressing operability status of equipment once the EGM is 
implemented. The NRC staff has developed ISG DSS-ISG-2016-01, 
``Clarification of Licensee Actions in Receipt of Enforcement 
Discretion Per Enforcement Guidance Memorandum (EGM) 15-002, 
`Enforcement Discretion for Tornado-Generated Missile Protection 
Noncompliance,' '' to provide clarification concerning the 
implementation of EGM 15-002.

    Dated at Rockville, Maryland, this 19th day of February, 2016.


[[Page 9519]]


    For the Nuclear Regulatory Commission.
Alex Garmoe,
Acting Chief, Generic Communications Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-04023 Filed 2-24-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  9518                        Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

                                                  suspend Stepan’s license, contingent                    decommissioning process for a 10 CFR                  email: Carol.Gallagher@nrc.gov. For
                                                  upon USACE notifying the NRC of their                   part 40 source materials license. For                 technical questions, contact the
                                                  intent to take physical possession of all,              these reasons, the NRC staff has                      individual(s) listed in the FOR FURTHER
                                                  or part, of the licensed portions of the                determined that Stepan has                            INFORMATION CONTACT section of this
                                                  site (ADAMS Accession No.                               demonstrated that the site will meet the              document.
                                                  ML082760095). The Order provided the                    radiological criteria for license
                                                                                                                                                                   • NRC’s Agencywide Documents
                                                  USACE with the mechanism to request                     termination described in 10 CFR
                                                  that the NRC suspend the NRC’s license                                                                        Access and Management System
                                                                                                          20.1402. Therefore, Source Materials
                                                  for the Stepan burial pits. In December                 License No. STC–1333 has been                         (ADAMS): You may obtain publicly-
                                                  2008, August 2009, and January 2010,                    terminated.                                           available documents online in the
                                                  the USACE notified the NRC that it had                                                                        ADAMS Public Documents collection at
                                                                                                            Dated at Rockville, Maryland, this 18th day         http://www.nrc.gov/reading-rm/
                                                  taken physical possession of Burial Pits                of February 2016.
                                                  #2, #3, and #1, respectively.                                                                                 adams.html. To begin the search, select
                                                                                                            For the Nuclear Regulatory Commission.
                                                     On February 14, 2012, the USACE                                                                            ‘‘ADAMS Public Documents’’ and then
                                                  notified the NRC that the remediation                   Bruce A. Watson,
                                                                                                                                                                select ‘‘Begin Web-based ADAMS
                                                  response action had been completed for                  CHP, Branch Chief, Reactor Decommissioning            Search.’’ For problems with ADAMS,
                                                  all three of the NRC-licensed burial pits,              Branch, Division of Decommissioning,
                                                                                                          Uranium Recovery and Waste Programs,
                                                                                                                                                                please contact the NRC’s Public
                                                  and pursuant to the MOU, USACE also                     Office of Nuclear Material Safety and                 Document Room (PDR) reference staff at
                                                  provided notification of its intent to                  Safeguards.                                           1–800–397–4209, 301–415–4737, or by
                                                  terminate physical possession of all                                                                          email to pdr.resource@nrc.gov. Interim
                                                                                                          [FR Doc. 2016–04019 Filed 2–24–16; 8:45 am]
                                                  three licensed burial pits in May 2012                                                                        Staff Guidance DSS–ISG–2016–01,
                                                                                                          BILLING CODE 7590–01–P
                                                  (ADAMS Accession No. ML120880217).                                                                            ‘‘Clarification of Licensee Actions in
                                                  On May 7, 2012, NRC license STC–1333                                                                          Receipt of Enforcement Discretion Per
                                                  was reinstated when Stepan                              NUCLEAR REGULATORY                                    Enforcement Guidance Memorandum
                                                  reestablished possession of the burial                  COMMISSION                                            EGM 15–002, ‘Enforcement Discretion
                                                  pits in accordance with the
                                                  Confirmatory Order (ADAMS Accession                     [NRC–2015–0231]                                       for Tornado-Generated Missile
                                                  No. ML12159A537). By letter dated                                                                             Protection Noncompliance’ ’’ is
                                                  August 15, 2014, Stepan submitted a                     Clarification of Licensee Actions in                  available in ADAMS under Accession
                                                  request to the NRC for the termination                  Support of Enforcement Guidance for                   No. ML15348A202.
                                                  of their materials license (ADAMS                       Tornado-Generated Missiles                               • NRC’s PDR: You may examine and
                                                  Accession No. ML14259A103). As part                     AGENCY:  Nuclear Regulatory                           purchase copies of public documents at
                                                  of this submittal, Stepan provided the                  Commission.                                           the NRC’s PDR, Room O1–F21, One
                                                  NRC with the USACE’s Post Remedial                                                                            White Flint North, 11555 Rockville
                                                                                                          ACTION: Interim staff guidance; issuance.
                                                  Action Reports for each of the burial                                                                         Pike, Rockville, Maryland 20852.
                                                  pits (ADAMS Accession Nos.                              SUMMARY:    The U.S. Nuclear Regulatory
                                                  ML12046A500, ML12046A502, and                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                          Commission (NRC) is issuing Interim
                                                  ML12046A504, respectively). On July                     Staff Guidance (ISG) DSS–ISG–2016–01,                 Todd Keene, Office of Nuclear Reactor
                                                  20, 2015, Stepan provided a response to                 ‘‘Clarification of Licensee Actions in                Regulation, U.S. Nuclear Regulatory
                                                  the NRC’s request for additional                        Receipt of Enforcement Discretion Per                 Commission, Washington, DC 20555–
                                                  information (ADAMS Accession No.                        Enforcement Guidance Memorandum                       0001; telephone: 301–415–1994, email:
                                                  ML15217A026) and a radiological dose                    EGM 15–002, ‘Enforcement Discretion                   Todd.Keene@nrc.gov.
                                                  assessment (ADAMS Accession No.                         for Tornado-Generated Missile
                                                  ML15217A025).                                                                                                 SUPPLEMENTARY INFORMATION:     Following
                                                                                                          Protection Noncompliance.’ ’’ This ISG                the issuance of EGM 15–002 (ADAMS
                                                     The NRC has now completed its                        provides clarifying guidance for staff
                                                  review of the reports and associated                                                                          Accession No. ML15111A269), the staff
                                                                                                          understanding of expectations for                     received stakeholder comments
                                                  documents according to NUREG–1757,                      consistent oversight associated with
                                                  ‘‘Consolidated Decommissioning                                                                                requesting clarification in complying
                                                                                                          implementing enforcement discretion                   with NRC expectations for
                                                  Guidance,’’ and guidance in the Multi-
                                                                                                          for tornado missile protection
                                                  Agency Radiation Survey and Site                                                                              implementing enforcement discretion in
                                                                                                          noncompliance per EGM 15–002 and
                                                  Investigation Manual) MARSSIM                                                                                 accordance with the EGM, specifically
                                                                                                          allows consistent enforcement and
                                                  (NUREG 1575). The NRC staff has                                                                               the implementation of compensatory
                                                                                                          regulation of licensees that implement
                                                  concluded that the Final Site Survey                                                                          measures and guidance on addressing
                                                                                                          corrective actions outlined in EGM 15–
                                                  (FSS) design and data collected were                                                                          operability status of equipment once the
                                                                                                          002.
                                                  adequate to characterize the residual                                                                         EGM is implemented. The NRC staff has
                                                  radioactivity in the NRC-licensed                       DATES: This guidance is effective on
                                                                                                                                                                developed ISG DSS–ISG–2016–01,
                                                  portions of the Stepan site. The NRC                    February 25, 2016.
                                                                                                                                                                ‘‘Clarification of Licensee Actions in
                                                  staff also concluded that the data                      ADDRESSES: Please refer to Docket ID
                                                                                                                                                                Receipt of Enforcement Discretion Per
                                                  analysis and dose assessments                           NRC–2015–0231 when contacting the
                                                                                                                                                                Enforcement Guidance Memorandum
                                                  performed are appropriate and that the                  NRC about the availability of
                                                                                                                                                                (EGM) 15–002, ‘Enforcement Discretion
                                                  projected dose from residual                            information regarding this document.
                                                                                                                                                                for Tornado-Generated Missile
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                                                  radioactivity in these areas is less than               You may obtain publicly-available
                                                  the 25 mrem/year dose criterion in 10                   information related to this document                  Protection Noncompliance,’ ’’ to provide
                                                  CFR 20.1402. Stepan has also submitted                  using any of the following methods:                   clarification concerning the
                                                  a completed NRC Form 314 (‘‘Certificate                    • Federal Rulemaking Web site: Go to               implementation of EGM 15–002.
                                                  of Disposition of Materials’’) and                      http://www.regulations.gov and search                   Dated at Rockville, Maryland, this 19th day
                                                  otherwise met the requirements of 10                    for Docket ID NRC–2015–0231. Address                  of February, 2016.
                                                  CFR 40.42(j), the NRC regulation                        questions about NRC dockets to Carol
                                                  concerning the final step in the                        Gallagher; telephone: 301–415–3463;


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                                                                              Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices                                                9519

                                                    For the Nuclear Regulatory Commission.                ‘‘ADAMS Public Documents’’ and then                   becoming insider threats, detecting
                                                  Alex Garmoe,                                            select ‘‘Begin Web-based ADAMS                        insiders who pose a risk to protected
                                                  Acting Chief, Generic Communications                    Search.’’ For problems with ADAMS,                    information, and mitigating risks. The
                                                  Branch, Division of Policy and Rulemaking,              please contact the NRC’s Public                       policy statement addresses the
                                                  Office of Nuclear Reactor Regulation.                   Document Room (PDR) reference staff at                background, purpose, applicability,
                                                  [FR Doc. 2016–04023 Filed 2–24–16; 8:45 am]             1–800–397–4209, 301–415–4737, or by                   policy components, and references. This
                                                  BILLING CODE 7590–01–P                                  email to pdr.resource@nrc.gov. The                    policy statement is not applicable to
                                                                                                          ADAMS accession number for each                       members of the public.
                                                                                                          document referenced in this document                    The NRC’s Insider Threat Program
                                                  NUCLEAR REGULATORY                                      (if that document is available in                     Policy Statement is published in its
                                                  COMMISSION                                              ADAMS) is provided the first time that                entirety in the attachment to this
                                                                                                          a document is referenced.                             document, and is also available in
                                                  [NRC–2016–0033]                                            • NRC’s PDR: You may examine and                   ADAMS under Accession No.
                                                                                                          purchase copies of public documents at                ML16039A282.
                                                  Nuclear Regulatory Commission                           the NRC’s PDR, Room O1–F21, One
                                                  Insider Threat Program Policy                                                                                 III. Procedural Requirements
                                                                                                          White Flint North, 11555 Rockville
                                                  Statement                                               Pike, Rockville, Maryland 20852.                      Paperwork Reduction Act Statement
                                                  AGENCY:  Nuclear Regulatory                             FOR FURTHER INFORMATION CONTACT:                        This policy statement does not
                                                  Commission.                                             Denis Brady, Office of Administration,                contain information collection
                                                  ACTION: Policy statement; issuance.                     U.S. Nuclear Regulatory Commission,                   requirements and, therefore, is not
                                                                                                          Washington, DC 20555–0001; telephone:                 subject to the requirements of the
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  301–415–5768; email: Denis.Brady@                     Paperwork Reduction Act of 1995 (44
                                                  Commission (NRC) is issuing its Insider                 nrc.gov.                                              U.S.C. 3501 et seq.).
                                                  Threat Program Policy Statement that
                                                                                                          SUPPLEMENTARY INFORMATION:                            Congressional Review Act
                                                  establishes the NRC Insider Threat
                                                  Program in accordance with Executive                    I. Background                                           This policy statement is not a rule as
                                                  Order (E.O.) 13587, ‘‘Structural Reforms                  Executive Order 13587, ‘‘Structural                 defined in the Congressional Review
                                                  to Improve the Security of Classified                   Reforms to Improve the Security of                    Act (5 U.S.C. 801–808).
                                                  Networks and the Responsible Sharing                    Classified Networks and the                             Dated at Rockville, Maryland, this 18th day
                                                  and Safeguarding of Classified                          Responsible Sharing and Safeguarding                  of February, 2016.
                                                  Information.’’ The purpose of the policy                of Classified Information,’’ directs all                For the Nuclear Regulatory Commission.
                                                  statement is to ensure the responsible                  executive branch departments and                      Annette L. Vietti-Cook,
                                                  sharing and safeguards of classified                    agencies that have access to classified
                                                  information, including restricted data                                                                        Secretary of the Commission.
                                                                                                          information to implement reforms to
                                                  and safeguards information, by deterring                ensure responsible sharing and                        Attachment—Nuclear Regulatory
                                                  employees, contractors, and detailees                   safeguarding of classified information                Commission Insider Threat Program
                                                  holding national security clearances                    on computer networks, consistent with                 Policy Statement
                                                  from becoming insider threats, detecting                appropriate protections for privacy and                  1. Background. Executive Order (E.O.)
                                                  insiders who pose a risk to protected                   civil liberties (76 FR 63811; October 13,             13587, ‘‘Structural Reforms to Improve the
                                                  information, and mitigating risks.                      2011). The E.O. also established the                  Security of Classified Networks and the
                                                  DATES: The NRC’s Insider Threat                         National Insider Threat Task Force,                   Responsible Sharing and Safeguarding of
                                                  Program Policy Statement is effective                   which issued the ‘‘National Insider                   Classified Information,’’ directs all executive
                                                  February 25, 2016.                                      Threat Policy’’ and the ‘‘Minimum                     branch departments and agencies that have
                                                  ADDRESSES: Please refer to Docket ID                                                                          access to classified information to implement
                                                                                                          Standards for Executive Branch Insider
                                                                                                                                                                reforms to ensure responsible sharing and
                                                  NRC–2016–0033 when contacting the                       Threat Programs’’ on November 21,                     safeguarding of classified information on
                                                  NRC about the availability of                           2012 (see https://www.whitehouse.gov/                 computer networks that are consistent with
                                                  information for this policy statement.                  the-press-office/2012/11/21/                          appropriate protections for privacy and civil
                                                  You may access publicly-available                       presidential-memorandum-national-                     liberties (October 7, 2011). The Executive
                                                  information related to this policy                      insider-threat-policy-and-minimum-                    Order also established the National Insider
                                                  statement by any of the following                       stand, last visited February 8, 2016). In             Threat Task Force, which issued the
                                                  methods:                                                order to execute its primary mission                  ‘‘National Insider Threat Policy’’ and the
                                                    • Federal Rulemaking Web Site: Go to                  essential functions, the NRC has access               ‘‘Minimum Standards for Executive Branch
                                                  http://www.regulations.gov and search                                                                         Insider Threat Programs’’ on November 21,
                                                                                                          to and possesses classified information,
                                                                                                                                                                2012. In order to execute its primary mission
                                                  for Docket ID NRC–2016–0033. Address                    including classified information on                   essential functions, the Nuclear Regulatory
                                                  questions about NRC dockets to Carol                    computer networks, which it protects                  Commission (NRC) has access to and
                                                  Gallagher; telephone: 301–287–3422;                     through appropriate security                          possesses classified information, including
                                                  email: Carol.Gallagher@nrc.gov. For                     procedures. This policy statement                     classified information on computer networks,
                                                  technical questions, contact the                        establishes the NRC’s Insider Threat                  which it protects through appropriate
                                                  individual listed in the FOR FURTHER                    Program in accordance with E.O. 13587.                security procedures.
                                                  INFORMATION CONTACT section of this                                                                              2. Purpose. This document establishes the
                                                                                                          II. Discussion                                        NRC Insider Threat Program (ITP) Policy in
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                                                  document.
                                                    • NRC’s Agencywide Documents                             The purpose of this policy statement               accordance with E.O. 13587 and the Atomic
                                                                                                          is to ensure the responsible sharing and              Energy Act of 1954, as amended (AEA). The
                                                  Access and Management System
                                                                                                                                                                primary purpose of the ITP is to protect
                                                  (ADAMS): You may obtain publicly-                       safeguards of classified information,                 information classified under E.O. 13526 or
                                                  available documents online in the                       including restricted data and safeguards              section 142 of the AEA (restricted data), or
                                                  ADAMS Public Documents collection at                    information, by deterring employees,                  that is safeguards information under section
                                                  http://www.nrc.gov/reading-rm/                          contractors, and detailees holding                    147 of the AEA, as well as any such
                                                  adams.html. To begin the search, select                 national security clearances from                     information on classified networks, by



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Document Created: 2018-02-02 14:35:34
Document Modified: 2018-02-02 14:35:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionInterim staff guidance; issuance.
DatesThis guidance is effective on February 25, 2016.
ContactTodd Keene, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-1994, email: [email protected]
FR Citation81 FR 9518 

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