82 FR 11069 - Guidance for the Application of the Theft and Diversion Design-Basis Threat for Category I Fuel Cycle Facilities

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 32 (February 17, 2017)

Page Range		11069-11069
FR Document		2017-03246

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.70, ``Guidance for the Application of the Theft and Diversion Design-Basis Threat for Category I Fuel Cycle Facilities.'' This regulatory guide provides methods that the NRC staff finds acceptable for an applicant or licensee to meet the requirements of the underlying NRC's regulations. Revision 1 of RG 5.70 contains clarifying information regarding technical matters and rule language, administrative changes, and lessons learned from inspection activities, operating experience, and current threat data.

Federal Register, Volume 82 Issue 32 (Friday, February 17, 2017)

[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Page 11069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03246]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0042]


Guidance for the Application of the Theft and Diversion Design-
Basis Threat for Category I Fuel Cycle Facilities

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) 5.70, ``Guidance for the 
Application of the Theft and Diversion Design-Basis Threat for Category 
I Fuel Cycle Facilities.'' This regulatory guide provides methods that 
the NRC staff finds acceptable for an applicant or licensee to meet the 
requirements of the underlying NRC's regulations. Revision 1 of RG 5.70 
contains clarifying information regarding technical matters and rule 
language, administrative changes, and lessons learned from inspection 
activities, operating experience, and current threat data.

DATES: Revision 1 to RG 5.70 is available on February 17, 2017.

ADDRESSES: Revision 1 to RG 5.70 contains classified information. 
Therefore, this RG is being withheld from public disclosure, but is 
available to those affected licensees and cleared stakeholders who 
qualify for access and have a demonstrated need to know. For access to 
RG 5.70, contact the individuals listed in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: William Gott, Office of Nuclear 
Security and Incident Response, telephone: 301-287-9256, email: 
[email protected]; or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-415-1699, email: [email protected]. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Alternatively, you may make suggestions or comments on RG 
5.70 via email to: [email protected]. 
Please do not include any potentially classified or sensitive 
information in your email.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a revision to an existing 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.
    Regulatory Guide 5.70 contains classified information. This RG is 
being withheld from public disclosure, but is available to those 
affected licensees and cleared stakeholders who qualify for access and 
have a demonstrated need to know.

II. Additional Information

    The NRC did not announce the availaibility for comment on the draft 
guide because the guide contains classified information. Instead, the 
NRC transmitted the draft guide for comment to cleared stakeholders who 
demonstrated a need-to-know in a memorandum (Agencywide Documents 
Access and Management System (ADAMS) Accession No. ML16007A604) on 
January 4, 2016. Nonetheless, the NRC is issuing this notice to inform 
the public of the issuance of the final RG.
    The stakeholders' comment period closed on March 19, 2016. The NRC 
received comments from four stakeholders. The comments and the 
associated comment resolutions contain classified information and are 
not available to the public. These comment resolutions can be obtained 
by those who have a demonstrated need-to-know and are cleared to access 
classified information. For access to RG 5.70, contact the individuals 
listed in the FOR FURTHER INFORMATION CONTACT section.

III. Congressional Review Act

    This RG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

IV. Backfitting

    This regulatory guide provides guidance on the application of the 
design basis threat to the design and implementation of physical 
protection systems and programs required to meet the requirements set 
forth in 10 CFR 73.45 and 10 CFR 73.46. The regulatory guide provides 
methods that the NRC staff finds acceptable for an applicant or 
licensee to meet the requirements of the underlying NRC regulations. 
The issuance of the guidance in this regulatory guide is not 
backfitting, as that term is defined in 10 CFR 70.76, because security 
is not included within the scope of the NRC's backfitting protection.

    Dated at Rockville, Maryland, this 10th day of February, 2017.

    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. 2017-03246 Filed 2-16-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices 11069

This meeting will be webcast live at ACTION: Regulatory guide; issuance. access and have a demonstrated need to
the Web address—http://www.nrc.gov/. know.
SUMMARY: The U.S. Nuclear Regulatory
Friday, March 24, 2017 Commission (NRC) is issuing Revision 1 II. Additional Information
10:00 a.m. Briefing on the Annual to Regulatory Guide (RG) 5.70, The NRC did not announce the
Threat Environment (Closed Ex. 1) ‘‘Guidance for the Application of the availaibility for comment on the draft
Theft and Diversion Design-Basis Threat guide because the guide contains
Week of March 27, 2017—Tentative for Category I Fuel Cycle Facilities.’’ classified information. Instead, the NRC
There are no meetings scheduled for This regulatory guide provides methods transmitted the draft guide for comment
the week of March 27, 2017. that the NRC staff finds acceptable for to cleared stakeholders who
* * * * * an applicant or licensee to meet the demonstrated a need-to-know in a
The schedule for Commission requirements of the underlying NRC’s memorandum (Agencywide Documents
meetings is subject to change on short regulations. Revision 1 of RG 5.70 Access and Management System
notice. For more information or to verify contains clarifying information (ADAMS) Accession No.
the status of meetings, contact Denise regarding technical matters and rule ML16007A604) on January 4, 2016.
McGovern at 301–415–0981 or via email language, administrative changes, and Nonetheless, the NRC is issuing this
at Denise.McGovern@nrc.gov. lessons learned from inspection notice to inform the public of the
activities, operating experience, and issuance of the final RG.
* * * * *
current threat data. The stakeholders’ comment period
The NRC Commission Meeting
Schedule can be found on the Internet DATES: Revision 1 to RG 5.70 is available closed on March 19, 2016. The NRC
at http://www.nrc.gov/public-involve/ on February 17, 2017. received comments from four
public-meetings/schedule.html. ADDRESSES: Revision 1 to RG 5.70 stakeholders. The comments and the
* * * * * contains classified information. associated comment resolutions contain
The NRC provides reasonable Therefore, this RG is being withheld classified information and are not
accommodation to individuals with from public disclosure, but is available available to the public. These comment
disabilities where appropriate. If you to those affected licensees and cleared resolutions can be obtained by those
need a reasonable accommodation to stakeholders who qualify for access and who have a demonstrated need-to-know
participate in these public meetings, or have a demonstrated need to know. For and are cleared to access classified
need this meeting notice or the access to RG 5.70, contact the information. For access to RG 5.70,
transcript or other information from the individuals listed in the FOR FURTHER contact the individuals listed in the FOR
INFORMATION CONTACT section. FURTHER INFORMATION CONTACT section.
public meetings in another format (e.g.,
braille, large print), please notify FOR FURTHER INFORMATION CONTACT: III. Congressional Review Act
Kimberly Meyer, NRC Disability William Gott, Office of Nuclear Security
and Incident Response, telephone: 301– This RG is a rule as defined in the
Program Manager, at 301–287–0739, by
287–9256, email: William.Gott@nrc.gov; Congressional Review Act (5 U.S.C.
videophone at 240–428–3217, or by
or Mekonen Bayssie, Office of Nuclear 801–808). However, the Office of
email at Kimberly.Meyer-Chambers@
Regulatory Research, telephone: 301– Management and Budget has not found
nrc.gov. Determinations on requests for
415–1699, email: Mekonen.Bayssie@ it to be a major rule as defined in the
reasonable accommodation will be
nrc.gov. Both are staff of the U.S. Congressional Review Act.
made on a case-by-case basis.
* * * * * Nuclear Regulatory Commission, IV. Backfitting
Members of the public may request to Washington, DC 20555–0001.
Alternatively, you may make This regulatory guide provides
receive this information electronically. guidance on the application of the
If you would like to be added to the suggestions or comments on RG 5.70 via
email to: RegulatoryGuideDevelopment design basis threat to the design and
distribution, please contact the Nuclear implementation of physical protection
Regulatory Commission, Office of the Branch.Resource@nrc.gov. Please do not
include any potentially classified or systems and programs required to meet
Secretary, Washington, DC 20555 (301– the requirements set forth in 10 CFR
415–1969), or email sensitive information in your email.
73.45 and 10 CFR 73.46. The regulatory
Brenda.Akstulewicz@nrc.gov or SUPPLEMENTARY INFORMATION:
guide provides methods that the NRC
Patricia.Jimenez@nrc.gov. I. Discussion staff finds acceptable for an applicant or
Dated: February 15, 2017. The NRC is issuing a revision to an licensee to meet the requirements of the
Denise L. McGovern, existing guide in the NRC’s ‘‘Regulatory underlying NRC regulations. The
Policy Coordinator, Office of the Secretary. Guide’’ series. This series was issuance of the guidance in this
[FR Doc. 2017–03315 Filed 2–15–17; 11:15 am] developed to describe and make regulatory guide is not backfitting, as
available to the public information that term is defined in 10 CFR 70.76,
BILLING CODE 7590–01–P
regarding methods that are acceptable to because security is not included within
the NRC staff for implementing specific the scope of the NRC’s backfitting
NUCLEAR REGULATORY parts of the agency’s regulations, protection.
COMMISSION techniques that the NRC staff uses in Dated at Rockville, Maryland, this 10th day
evaluating specific issues or postulated of February, 2017.
[NRC–2017–0042] For the Nuclear Regulatory Commission.
events, and data that the NRC staff
mstockstill on DSK3G9T082PROD with NOTICES

Guidance for the Application of the needs in its review of applications for Harriet Karagiannis,
Theft and Diversion Design-Basis permits and licenses. Acting Chief, Regulatory Guidance and
Threat for Category I Fuel Cycle Regulatory Guide 5.70 contains Generic Issues Branch, Division of
classified information. This RG is being Engineering, Office of Nuclear Regulatory
Facilities Research.
withheld from public disclosure, but is
AGENCY:Nuclear Regulatory available to those affected licensees and [FR Doc. 2017–03246 Filed 2–16–17; 8:45 am]
Commission. cleared stakeholders who qualify for BILLING CODE 7590–01–P

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Document Created: 2017-02-17 00:29:08
Document Modified: 2017-02-17 00:29:08

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 5.70 is available on February 17, 2017.
Contact		William Gott, Office of Nuclear Security and Incident Response, telephone: 301-287-9256, email: [email protected]; or Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-415-1699, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Alternatively, you may make suggestions or comments on RG 5.70 via email to: [email protected] Please do not include any potentially classified or sensitive information in your email.
FR Citation		82 FR 11069