Training and Qualification of Security Personnel at Nuclear Power Reactor Facilities

Published date19 March 2021
Citation86 FR 14959
Record Number2021-05731
SectionNotices
CourtNuclear Regulatory Commission
Federal Register, Volume 86 Issue 52 (Friday, March 19, 2021)
[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
                [Notices]
                [Pages 14959-14960]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-05731]
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                NUCLEAR REGULATORY COMMISSION
                [NRC-2015-0287]
                Training and Qualification of Security Personnel at Nuclear Power
                Reactor 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 of Regulatory Guide (RG) 5.75, ``Training and Qualification
                of Security Personnel at Nuclear Power Reactor Facilities.'' This RG
                updates training and qualification guidance that incorporates lessons
                learned and reflects changes that have been made in associated rules
                and guidance documents since the original publication of the guide.
                This guide describes approaches and methodologies that the NRC staff
                considers acceptable for the training and qualification of all
                personnel who are assigned duties and responsibilities required for the
                implementation of the Commission-approved security plans, licensee
                response strategies, and implementing procedures at nuclear power
                reactor facilities.
                DATES: Revision 1 of RG 5.75 is available on March 19, 2021.
                ADDRESSES: Please refer to Docket ID NRC-2015-0287 when contacting the
                NRC about the availability of information regarding this document. You
                may access publicly available information related to this document
                using any of the following methods:
                 Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0287. Address
                questions about Docket IDs in Regulations.gov to Stacy Schumann;
                telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
                Search.'' For problems with ADAMS, please contact the NRC's Public
                Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
                by email to [email protected]. The ADAMS accession number for each
                document referenced (if it is available in ADAMS) is provided the first
                time that it is mentioned in this document.
                 Attention: The PDR, where you may examine and order copies
                of public documents, is currently closed. You may submit your request
                to the PDR via email at [email protected] or call 1-800-397-4209 or
                301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
                Friday, except Federal holidays.
                 Revision 1 to RG 5.75 and the regulatory analysis may be found in
                ADAMS under Accession Nos. ML17111A699 and ML14297A274 respectively.
                 Regulatory guides are not copyrighted, and the NRC's approval is
                not required to reproduce them.
                FOR FURTHER INFORMATION CONTACT: Kris Jamgochian, Office of Nuclear
                Security and Incident Response, telephone: 301-287-3542; 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:
                I. Discussion
                 The NRC is issuing a revision to an existing guide in the NRC's
                ``Regulatory Guide'' series. This series was developed to describe and
                make available to the public information regarding methods that are
                acceptable to the NRC staff for implementing specific parts of the
                agency's regulations, techniques that the NRC staff uses in evaluating
                specific issues or postulated events, and data that the NRC staff needs
                in its review of applications for permits and licenses.
                 Revision 1 of RG 5.75 was issued with a temporary identification of
                Draft Regulatory Guide (DG), DG-5043. This RG clarifies guidance that
                licensees and applicants should use to select, train, equip, test,
                qualify, and re-qualify armed and unarmed security personnel,
                watchpersons, and members of the licensee staff that support the
                licensee's security organization to ensure that these individuals
                possess and maintain the knowledge, skills, and abilities required to
                carry out their assigned duties and responsibilities effectively. This
                revision clarifies the staff guidance for the training and
                qualification requirements delineated in Section VI of Appendix B to
                title 10 of the Code of Federal Regulations (10 CFR), Part 73
                ``Physical Protection of Plants and Materials.'' The revised RG also
                updates training and qualification guidance that incorporates lessons
                learned and reflects changes that have been made in associated rules
                and guidance documents since the original publication of the guide.
                 In particular, this revision provides more comprehensive discussion
                of the objectives for training and qualifying licensee and contractor
                security personnel, as well as training and qualifying those personnel
                who support the licensee's security program but are not direct members
                of the licensee's security staff or contractors to the security
                organization. This revision also provides additional clarification on
                aspects of the training and qualification process that the staff has
                determined would be helpful for licensees in implementing their
                performance evaluation programs. This revision contains a broad
                discussion of tactical response drills and Force on Force exercises,
                including follow-on critiques, which has been added to ensure that
                licensees have ample guidance for effective and complete drill and
                exercise management, from planning through conclusion.
                II. Additional Information
                 The NRC published a notice of availability of DG-5043 in the
                Federal Register on December 29, 2015 (80 FR 81376) for a 60-day public
                comment period. The public comment period ended on February 29, 2016.
                Public comments on DG-5043 and the NRC's responses to the public
                comments are available in ADAMS under Accession No. ML17111A698.
                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.
                [[Page 14960]]
                IV. Backfitting and Issue Finality
                 Revision 1 of RG 5.75 describes a method that the staff of the NRC
                considers acceptable for use by nuclear power plant licensees in
                meeting the requirements for training and qualification of security
                personnel as set forth in Section VI of Appendix B to 10 CFR part 73,
                ``Physical Protection of Plants and Materials.'' Issuance of this RG,
                if finalized, would not constitute backfitting as defined in 10 CFR
                50.109 (the backfit rule) and would not otherwise be inconsistent with
                the issue finality provisions in 10 CFR part 52 ``Licenses,
                Certifications, and Approvals for Nuclear Power Plants.'' As discussed
                in the ``Implementation'' section of this RG, the NRC has no current
                intention to impose this guide, if finalized, on holders of current
                operating licenses or combined licenses.
                 This RG may be applied to applications for operating licenses and
                combined licenses docketed by the NRC as of the date of issuance of the
                final regulatory guide, as well as future applications submitted after
                the issuance of the regulatory guide. Such action would not constitute
                backfitting as defined in the backfit rule or be otherwise inconsistent
                with the applicable issue finality provision in 10 CFR part 52,
                inasmuch as such applicants or potential applicants are not entities
                within the scope of the backfit rule or the relevant issue finality
                provisions in Part 52. Neither Section 50.109 nor the issue finality
                provisions under 10 CFR part 52 with certain exceptions, was intended
                to apply to every NRC action that substantially changes the
                expectations of current and future applicants. The exceptions to the
                general principle are whenever an applicant references a Part 52
                license (e.g., an early site permit) and/or NRC regulatory approval
                (e.g., a design certification rule, a standard design approval) with
                specified issue finality provisions. However, the scope of issue
                finality provided extends only to the matters resolved in the license
                or regulatory approval. Early site permits, design certification rules,
                and standard design approvals typically do not address or resolve
                compliance with operational programs such as the security personnel
                requirements in 10 CFR part 73. Therefore, no applicant referencing an
                early site permit, design certification rule, or standard design
                approval would be entities within the scope of the relevant issue
                finality provisions with respect to the security matters addressed in
                this draft regulatory guide.
                 Dated: March 16, 2021.
                 For the Nuclear Regulatory Commission.
                Meraj Rahimi,
                Chief, Regulatory Guidance and Generic Issues Branch, Division of
                Engineering, Office of Nuclear Regulatory Research.
                [FR Doc. 2021-05731 Filed 3-18-21; 8:45 am]
                BILLING CODE 7590-01-P
                

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