82_FR_52554 82 FR 52337 - Vital Area Access Controls, Protection of Physical Security Equipment, and Key and Lock Controls

82 FR 52337 - Vital Area Access Controls, Protection of Physical Security Equipment, and Key and Lock Controls

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 217 (November 13, 2017)

Page Range52337-52338
FR Document2017-24484

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing Regulatory Guide (RG) 5.65, ``Vital Area Access Controls, Protection of Physical Security Equipment, and Key and Lock Controls,'' dated September 1986. This document is being withdrawn because it is outdated and has been superseded by other NRC guidance, and therefore, no longer provides methods that the NRC staff finds acceptable in future requests or applications for NRC's licensing actions.

Federal Register, Volume 82 Issue 217 (Monday, November 13, 2017)
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52337-52338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24484]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0216]


Vital Area Access Controls, Protection of Physical Security 
Equipment, and Key and Lock Controls

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; withdrawal.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide (RG) 5.65, ``Vital Area Access Controls, Protection of 
Physical Security Equipment, and Key and Lock Controls,'' dated 
September 1986. This document is being withdrawn because it is outdated 
and has been superseded by other NRC guidance, and therefore, no longer 
provides methods that the NRC staff finds acceptable in future requests 
or applications for NRC's licensing actions.

DATES: The applicable date of the withdrawal of RG 5.65 is November 13, 
2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0216 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-2017-0216. 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 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 (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
basis for withdrawal of RG 5.65 is available in ADAMS under Accession 
No. ML17262A504.
     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: Angela Wu, Office of Nuclear Reactor 
Regulation, telephone: 301-287-3645, email: [email protected], or 
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: The NRC is withdrawing RG 5.65, ``Vital Area 
Access Controls, Protection of Physical Security Equipment, and Key and 
Lock Controls,'' because of the following regulatory and technical 
issues:
     On March 27, 2009 (74 FR 13926), the Commission amended 
part 73 of title 10 of the Code of Federal Regulations (10 CFR), for 
nuclear power plants to incorporate security requirements that were 
issued through Commission security orders as a result of the September 
11, 2001 terrorist attacks. In addition, the rulemaking added several 
new requirements to incorporate insights gained from implementation of 
the security orders, review of site security plans, implementation of 
the NRC's enhanced baseline inspection program, and the NRC's 
evaluation of force-on-force exercises. As a result, the guidance in RG 
5.65 became outdated.
    In addition, more recent regulatory guidance has been issued that 
supersedes the guidance in RG 5.65.
     The RG 5.66, ``Access Authorization Program for Nuclear 
Power Plants,'' Rev. 2 (October 2011) supersedes RG 5.65. The RG 5.65 
does not address the current requirements of 10 CFR 73.56 with regard 
to access authorization at nuclear power plants. Instead, RG 5.66 
provides an acceptable approach by which licensees can establish and 
implement an access authorization program for granting unescorted 
access to protected and vital areas of a nuclear power plant.
     The RG 5.76, ``Physical Protection at Nuclear Power 
Reactors'' (July 2009), which was issued to facilitate implementation 
of the new 10 CFR part 73 rule in 2009, supersedes RG 5.65. 
Specifically, RG 5.65 contains duplicative or outdated discussions 
regarding protection of security equipment, vital and protected area 
transients, delays, barriers, underground pathways, power, escort, 
ingress and egress, record keeping, and review/audit requirements.
     The RG 5.12, ``General Use of Locks in the Protection and 
Control of: Facilities, Radioactive Materials, Classified Information, 
Classified Matter, and Safeguards Information,'' Rev. 1 (October 2016), 
supersedes RG 5.65. Regarding keys and locks, the guidance offered in 
RG 5.65 is brief and limited to two paragraphs, discussing the 
requirement and frequency to change and rotate keys, locks, and 
combinations. The same information is discussed in much greater detail 
in RG 5.12.
     The RG 5.74, ``Managing the Safety/Security Interface,'' 
Rev. 1 (April 2015), supersedes RG 5.65. With regard to managing the 
safety and security interface, RG 5.65 provides only brief guidance 
(one paragraph) on the cross training of roles, responsibilities, and 
general practices of the safety and security organizations as a 
mechanism to reduce interface problems. The RG 5.74 provides more 
detailed guidance for training to aid the interface between safety and 
security organizations.

II. Further Information

    The withdrawal of RG 5.65 does not alter any prior or existing NRC 
licensing approval or the acceptability of licensee commitments made 
regarding the withdrawn guidance. Although RG 5.65 is withdrawn, 
current licensees referencing this RG may continue to do so, and 
withdrawal does not affect any existing licenses or agreements. 
However, by withdrawing RG 5.65, the NRC no longer approves use of the

[[Page 52338]]

guidance in future requests or applications for NRC's licensing 
actions.

    Dated at Rockville, Maryland, this 6th day of November, 2017.

    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. 2017-24484 Filed 11-9-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices                                            52337

                                                    IAEA inspectors, give immediate notice                  questions about NRC dockets to Carol                     In addition, more recent regulatory
                                                    to the NRC in specified situations                      Gallagher; telephone: 301–415–3463;                   guidance has been issued that
                                                    involving the possibility of loss of                    email: Carol.Gallagher@nrc.gov. For                   supersedes the guidance in RG 5.65.
                                                    nuclear material, and give notice for                   technical questions, contact the                         • The RG 5.66, ‘‘Access Authorization
                                                    imports and exports of specified                        individuals listed in the FOR FURTHER                 Program for Nuclear Power Plants,’’ Rev.
                                                    amounts of nuclear material. These                      INFORMATION CONTACT section of this                   2 (October 2011) supersedes RG 5.65.
                                                    licensees will also follow written                      document.                                             The RG 5.65 does not address the
                                                    material accounting and control                            • NRC’s Agencywide Documents                       current requirements of 10 CFR 73.56
                                                    procedures. Reporting of transfer and                   Access and Management System                          with regard to access authorization at
                                                    material balance records to the IAEA                    (ADAMS): You may obtain publicly-                     nuclear power plants. Instead, RG 5.66
                                                    will be done through the U.S. State                     available documents online in the                     provides an acceptable approach by
                                                    system (Nuclear Materials Management                    ADAMS Public Documents collection at                  which licensees can establish and
                                                    and Safeguards System, collected under                  http://www.nrc.gov/reading-rm/                        implement an access authorization
                                                    OMB clearance numbers 3150–0003,                        adams.html. To begin the search, select               program for granting unescorted access
                                                    3150–0004, 3150–0057, and 3150–                         ‘‘ADAMS Public Documents’’ and then                   to protected and vital areas of a nuclear
                                                    0058.) The NRC needs this information                   select ‘‘Begin Web-based ADAMS                        power plant.
                                                    to implement its international                                                                                   • The RG 5.76, ‘‘Physical Protection
                                                                                                            Search.’’ For problems with ADAMS,
                                                    obligations under the U.S.-IAEA                                                                               at Nuclear Power Reactors’’ (July 2009),
                                                                                                            please contact the NRC’s Public
                                                    Caribbean Territories Safeguards                                                                              which was issued to facilitate
                                                                                                            Document Room (PDR) reference staff at
                                                    Agreement (INFCIRC/366).                                                                                      implementation of the new 10 CFR part
                                                                                                            1–800–397–4209, 301–415–4737, or by
                                                                                                                                                                  73 rule in 2009, supersedes RG 5.65.
                                                      Dated at Rockville, Maryland, this 6th day            email to pdr.resource@nrc.gov. The
                                                                                                                                                                  Specifically, RG 5.65 contains
                                                    of November, 2017.                                      ADAMS accession number for each
                                                                                                                                                                  duplicative or outdated discussions
                                                      For the Nuclear Regulatory Commission.                document referenced (if it available in
                                                                                                                                                                  regarding protection of security
                                                    David Cullison,                                         ADAMS) is provided the first time that
                                                                                                                                                                  equipment, vital and protected area
                                                    NRC Clearance Officer, Office of the Chief              a document is referenced. The basis for               transients, delays, barriers, underground
                                                    Information Officer.                                    withdrawal of RG 5.65 is available in                 pathways, power, escort, ingress and
                                                    [FR Doc. 2017–24480 Filed 11–9–17; 8:45 am]             ADAMS under Accession No.                             egress, record keeping, and review/audit
                                                    BILLING CODE 7590–01–P
                                                                                                            ML17262A504.                                          requirements.
                                                                                                               • NRC’s PDR: You may examine and                      • The RG 5.12, ‘‘General Use of Locks
                                                                                                            purchase copies of public documents at                in the Protection and Control of:
                                                    NUCLEAR REGULATORY                                      the NRC’s PDR, Room O1–F21, One                       Facilities, Radioactive Materials,
                                                    COMMISSION                                              White Flint North, 11555 Rockville                    Classified Information, Classified
                                                                                                            Pike, Rockville, Maryland 20852.                      Matter, and Safeguards Information,’’
                                                    [NRC–2017–0216]
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Rev. 1 (October 2016), supersedes RG
                                                    Vital Area Access Controls, Protection                  Angela Wu, Office of Nuclear Reactor                  5.65. Regarding keys and locks, the
                                                    of Physical Security Equipment, and                     Regulation, telephone: 301–287–3645,                  guidance offered in RG 5.65 is brief and
                                                    Key and Lock Controls                                   email: Angela.Wu@nrc.gov, or Mekonen                  limited to two paragraphs, discussing
                                                                                                            Bayssie, Office of Nuclear Regulatory                 the requirement and frequency to
                                                    AGENCY:  Nuclear Regulatory                                                                                   change and rotate keys, locks, and
                                                    Commission.                                             Research, telephone: 301–415–1699,
                                                                                                            email: Mekonen.Bayssie@nrc.gov. Both                  combinations. The same information is
                                                    ACTION: Regulatory guide; withdrawal.                                                                         discussed in much greater detail in RG
                                                                                                            are staff members of the U.S. Nuclear
                                                    SUMMARY:    The U.S. Nuclear Regulatory                 Regulatory Commission, Washington,                    5.12.
                                                    Commission (NRC) is withdrawing                         DC 20555–0001.                                           • The RG 5.74, ‘‘Managing the Safety/
                                                    Regulatory Guide (RG) 5.65, ‘‘Vital Area                                                                      Security Interface,’’ Rev. 1 (April 2015),
                                                                                                            SUPPLEMENTARY INFORMATION:      The NRC               supersedes RG 5.65. With regard to
                                                    Access Controls, Protection of Physical                 is withdrawing RG 5.65, ‘‘Vital Area
                                                    Security Equipment, and Key and Lock                                                                          managing the safety and security
                                                                                                            Access Controls, Protection of Physical               interface, RG 5.65 provides only brief
                                                    Controls,’’ dated September 1986. This                  Security Equipment, and Key and Lock
                                                    document is being withdrawn because it                                                                        guidance (one paragraph) on the cross
                                                                                                            Controls,’’ because of the following                  training of roles, responsibilities, and
                                                    is outdated and has been superseded by                  regulatory and technical issues:
                                                    other NRC guidance, and therefore, no                                                                         general practices of the safety and
                                                                                                               • On March 27, 2009 (74 FR 13926),                 security organizations as a mechanism
                                                    longer provides methods that the NRC                    the Commission amended part 73 of
                                                    staff finds acceptable in future requests                                                                     to reduce interface problems. The RG
                                                                                                            title 10 of the Code of Federal                       5.74 provides more detailed guidance
                                                    or applications for NRC’s licensing                     Regulations (10 CFR), for nuclear power
                                                    actions.                                                                                                      for training to aid the interface between
                                                                                                            plants to incorporate security                        safety and security organizations.
                                                    DATES: The applicable date of the                       requirements that were issued through
                                                    withdrawal of RG 5.65 is November 13,                   Commission security orders as a result                II. Further Information
                                                    2017.                                                   of the September 11, 2001 terrorist                      The withdrawal of RG 5.65 does not
                                                    ADDRESSES: Please refer to Docket ID                    attacks. In addition, the rulemaking                  alter any prior or existing NRC licensing
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    NRC–2017–0216 when contacting the                       added several new requirements to                     approval or the acceptability of licensee
                                                    NRC about the availability of                           incorporate insights gained from                      commitments made regarding the
                                                    information regarding this document.                    implementation of the security orders,                withdrawn guidance. Although RG 5.65
                                                    You may obtain publicly-available                       review of site security plans,                        is withdrawn, current licensees
                                                    information related to this document                    implementation of the NRC’s enhanced                  referencing this RG may continue to do
                                                    using any of the following methods:                     baseline inspection program, and the                  so, and withdrawal does not affect any
                                                       • Federal Rulemaking Web site: Go to                 NRC’s evaluation of force-on-force                    existing licenses or agreements.
                                                    http://www.regulations.gov and search                   exercises. As a result, the guidance in               However, by withdrawing RG 5.65, the
                                                    for Docket ID NRC–2017–0216. Address                    RG 5.65 became outdated.                              NRC no longer approves use of the


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                                                    52338                      Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices

                                                    guidance in future requests or                             Detailed meeting agendas and meeting               Investment Company Act,1 any
                                                    applications for NRC’s licensing actions.               transcripts are available on the NRC                  company defined in section 2(a)(48)(A)
                                                       Dated at Rockville, Maryland, this 6th day           Web site at http://www.nrc.gov/reading-               and (B) of the Investment Company Act
                                                    of November, 2017.                                      rm/doc-collections/acrs. Information                  may, if it meets certain enumerated
                                                       For the Nuclear Regulatory Commission.               regarding topics to be discussed,                     eligibility requirements, elect to be
                                                    Thomas H. Boyce,                                        changes to the agenda, whether the                    subject to the provisions of Sections 55
                                                                                                            meeting has been canceled or                          through 65 of the Investment Company
                                                    Chief, Regulatory Guidance and Generic
                                                    Issues Branch, Division of Engineering, Office          rescheduled, and the time allotted to                 Act by filing with the Commission a
                                                    of Nuclear Regulatory Research.                         present oral statements can be obtained               notification of election. Under section
                                                    [FR Doc. 2017–24484 Filed 11–9–17; 8:45 am]             from the Web site cited above or by                   54(c) of the Investment Company Act,2
                                                                                                            contacting the identified DFO.                        any business development company
                                                    BILLING CODE 7590–01–P
                                                                                                            Moreover, in view of the possibility that             may voluntarily withdraw its election
                                                                                                            the schedule for ACRS meetings may be                 under section 54(a) of the Investment
                                                    NUCLEAR REGULATORY                                      adjusted by the Chairman as necessary                 Company Act by filing a notice of
                                                    COMMISSION                                              to facilitate the conduct of the meeting,             withdrawal of election with the
                                                                                                            persons planning to attend should check               Commission. The Commission has
                                                    Advisory Committee on Reactor                           with these references if such                         adopted Form N–54C as the form for the
                                                    Safeguards (ACRS); Meeting of the                       rescheduling would result in a major                  notification of withdrawal of election to
                                                    ACRS Subcommittee on Regulatory                         inconvenience.                                        be subject to Sections 55 through 65 of
                                                    Policies & Practices; Notice of Meeting                    If attending this meeting, please enter            the Investment Company Act. The
                                                                                                            through the One White Flint North                     purpose of Form N–54C is to notify the
                                                       The ACRS Subcommittee on                                                                                   Commission that the business
                                                    Regulatory Policies and Practices will                  building, 11555 Rockville Pike,
                                                                                                            Rockville, Maryland 20852. After                      development company withdraws its
                                                    hold a meeting on November 15, 2017,                                                                          election to be subject to Sections 55
                                                    at 11545 Rockville Pike, Room T–2B1,                    registering with Security, please contact
                                                                                                            Mr. Theron Brown (Telephone 301–                      through 65 of the Investment Company
                                                    Rockville, Maryland 20852.                                                                                    Act.
                                                       This meeting will be open to public                  415–6207) to be escorted to the meeting
                                                                                                                                                                     The Commission estimates that on
                                                    attendance. The agenda for the subject                  room.
                                                                                                                                                                  average approximately four business
                                                    meeting shall be as follows:                              Dated: October 31, 2017.                            development companies file
                                                    Wednesday, November 15, 2017—8:30                       Mark L. Banks,                                        notifications on Form N–54C each year.
                                                    a.m. Until 12:00 p.m.                                   Chief, Technical Support Branch, Advisory             Each of those business development
                                                                                                            Committee on Reactor Safeguards.                      companies need only make a single
                                                      The Subcommittee will review the                      [FR Doc. 2017–24433 Filed 11–9–17; 8:45 am]           filing of Form N–54C. The Commission
                                                    Early Site Permit for Clinch River and                                                                        further estimates that this information
                                                                                                            BILLING CODE 7590–01–P
                                                    will hear presentations by and hold                                                                           collection imposes a burden of one
                                                    discussions with the NRC staff and                                                                            hour, resulting in a total annual burden
                                                    other interested persons regarding this                                                                       of four hours. Based on the estimated
                                                    matter. The Subcommittee will gather                    SECURITIES AND EXCHANGE                               wage rate, the total cost to the business
                                                    information, analyze relevant issues and                COMMISSION                                            development company industry of the
                                                    facts, and formulate proposed positions                                                                       hour burden for complying with Form
                                                    and actions, as appropriate, for                        Submission for OMB Review;                            N–54C would be approximately $1,380.3
                                                    deliberation by the Full Committee.                     Comment Request                                          The collection of information under
                                                      Members of the public desiring to                                                                           Form N–54C is mandatory. The
                                                    provide oral statements and/or written                  Upon Written Request, Copies Available                information provided by the form is not
                                                    comments should notify the Designated                    From: Securities and Exchange                        kept confidential. An agency may not
                                                    Federal Official (DFO), Quynh Nguyen                     Commission, Office of FOIA Services,                 conduct or sponsor, and a person is not
                                                    (Telephone 301–415–5844 or Email                         100 F Street NE., Washington, DC                     required to respond to, a collection of
                                                    Quynh.Nguyen@nrc.gov) five days prior                    20549–2736.                                          information unless it displays a
                                                    to the meeting, if possible, so that                    Extension:                                            currently valid control number.
                                                    appropriate arrangements can be made.                     Form N–54C; SEC File No. 270–184, OMB                  The public may view the background
                                                    Thirty-five hard copies of each                             Control No. 3235–0236                             documentation for this information
                                                    presentation or handout should be                                                                             collection at the following Web site,
                                                    provided to the DFO thirty minutes                         Notice is hereby given that, pursuant              www.reginfo.gov. Comments should be
                                                    before the meeting. In addition, one                    to the Paperwork Reduction Act of 1995                directed to: (i) Desk Officer for the
                                                    electronic copy of each presentation                    (44 U.S.C. 3501 et seq.), the Securities
                                                    should be emailed to the DFO one day                    and Exchange Commission (the                            1 15  U.S.C. 80a–53(a).
                                                    before the meeting. If an electronic copy               ‘‘Commission’’) has submitted to the                    2 15  U.S.C. 80a–53(c).
                                                    cannot be provided within this                          Office of Management and Budget a                       3 The industry burden is calculated by


                                                    timeframe, presenters should provide                    request for extension of the previously               multiplying the total annual hour burden to prepare
                                                                                                            approved collection of information                    Form N–54C (four) by the estimated hourly wage
                                                    the DFO with a CD containing each                                                                             rate of $345 for a compliance attorney or other
                                                                                                            discussed below.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    presentation at least thirty minutes                                                                          business development company employee with
                                                    before the meeting. Electronic                             Certain investment companies can                   similar duties and responsibilities. The estimated
                                                                                                            elect to be regulated as business                     wage figure is based on published rates for
                                                    recordings will be permitted only                                                                             compliance attorneys from the Securities Industry
                                                    during those portions of the meeting                    development companies, as defined in                  and Financial Markets Association’s Report on
                                                    that are open to the public. Detailed                   section 2(a)(48) of the Investment                    Management & Professional Earnings in the
                                                    procedures for the conduct of and                       Company Act of 1940 (‘‘Investment                     Securities Industry 2013, modified by Commission
                                                                                                            Company Act’’), under sections 55                     staff to account for an 1800 hour work-year and
                                                    participation in ACRS meetings were                                                                           inflation, and multiplied by 5.35 to account for
                                                    published in the Federal Register on                    through 65 of the Investment Company                  bonuses, firm size, employee benefits and overhead,
                                                    October 4, 2017 (82 FR 46312).                          Act. Under section 54(a) of the                       yielding an effective hourly rate of $1,380.



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Document Created: 2017-11-10 01:17:53
Document Modified: 2017-11-10 01:17:53
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
ActionRegulatory guide; withdrawal.
DatesThe applicable date of the withdrawal of RG 5.65 is November 13, 2017.
ContactAngela Wu, Office of Nuclear Reactor Regulation, telephone: 301-287-3645, email: [email protected], or 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 Citation82 FR 52337 

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