Rules and Regulations. Final guide; issuance

Agency: Nuclear Regulatory Commission
Action: Final guide; issuance
Citation: FR Doc. 2024-20353 · NRC-2023-0171 · 10 CFR 73

Summary

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 3 to Regulatory Guide (RG), 5.62, “Physical Security Event Notifications, Reports, and Records.” This RG clarifies reporting and recording of security events and conditions adverse to security under NRC's regulations concerning the physical protection of plants and materials.

Dates

Revision 3 to RG 5.62 is available on September 10, 2024.

Supplementary Information

I. Discussion The NRC is issuing a revision in the NRC's “Regulatory Guide” series. This series was developed to describe methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, to explain techniques that the staff uses in evaluating specific issues or postulated events, and to describe information that the staff needs in its review of applications for permits and licenses. The proposed Revision 3 to RG 5.62 was issued with a temporary identification of DG-5080 (ADAMS Accession No. ML23198A191). This revision provides additional guidance on physical security event notifications, written follow-up reports, and recordkeeping of security events and other security-related conditions adverse to quality. These new and updated requirements are part of the NRC's final rule, entitled “Enhanced Weapons, Firearms Background Checks, and Security Event Notifications” (hereafter the Enhanced Weapons rule), that was published in the Federal Register on March 14, 2023 (88 FR 15864). These provisions are found in the NRC's regulations under title 10 of the Code of Federal Regulations (10 CFR), §§ 73.1200, 73.1205, and 10 CFR 73.1210. Revision 3 to RG 5.62 provides examples, considerations, and guidance to assist licensees and their security personnel in understanding their responsibilities in implementing the provisions of §§ 73.1200, 73.1205, and 73.1210. II. Additional Information The NRC published a notice of availability of DG-5080 in the Federal Register on October 27, 2023 (88 FR 73767) for a 45-day public comment period. The public comment period closed on December 11, 2023. The NRC staff made changes to RG 5.62 in response to public comments. The NRC staff's responses to these public comments on DG-5080 are available in ADAMS under Accession No. ML23299A187. As noted in the Federal Register on December 9, 2022 (87 FR 75671), this document is being published in the “Rules” section of the Federal Register to comply with publication requirements under 1 CFR chapter I. 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, Forward Fitting, and Issue Finality Issuance of Revision 3 to RG 5.62 does not constitute backfitting as defined in 10 CFR 72.62, “Backfitting,” 10 CFR 70.76, “Backfitting,” and 10 CFR 50.109, “Backfitting,” and as described in NRC Management Directive (MD) 8.4, “Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests” (ADAMS Accession No. ML18093B087); does not constitute forward fitting as that term is defined and described in MD 8.4; and does not affect the issue finality of any approval issued under 10 CFR part 52, “Licenses, Certificates, and Approvals for Nuclear Powerplants,” because, as explained in Revision 3 to RG 5.62, licensees are not required to comply with the positions set forth in the RG. V. Submitting Suggestions for Improvement of Regulatory Guides A member of the public may, at any time, submit suggestions to the NRC for improvement of existing RGs or for the development of new RGs. Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html. Suggestions will be considered in future updates and enhancements to the “Regulatory Guide” series. Dated: September 4, 2024. For the Nuclear Regulatory Commission. Meraj Rahimi, Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2024-20353 Filed 9-9-24; 8:45 am]