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Proposed Rules
Federal Register Vol. 86, No. 151
Tuesday, August 10, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

NUCLEAR REGULATORY
COMMISSION
10 CFR Part 73
Docket No. PRM7318; NRC20140165

Protection of Digital Computer and Communication Systems and Networks Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; denial.
AGENCY:

The U.S. Nuclear Regulatory Commission NRC is denying a petition for rulemaking PRM, dated June 12, 2014, submitted by Anthony Pietrangelo on behalf of the Nuclear Energy Institute. The petitioner requested that the NRC amend its power reactor cyber security regulations to make them consistent with the original intent of the rule and clarify that the scope of those regulations only require the protection of those digital assets that can directly cause core damage and spent fuel sabotage, or whose failure would cause a reactor scram. The petition was docketed by the NRC on September 22, 2014, and assigned Docket No. PRM
7318. The NRC staff has determined that the information presented in PRM
7318 does not support rulemaking. The NRC has also determined that existing and ongoing revisions to guidance can effectively address the issues raised by the petitioner in this PRM. Therefore, for the reasons discussed in the SUPPLEMENTARY INFORMATION of this document, the NRC is denying PRM
7318.
DATES: The docket for the petition for rulemaking, PRM7318, is closed on August 10, 2021.
ADDRESSES: Please refer to Docket ID
NRC20140165 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:
Federal Rulemaking website: Go to https www.regulations.gov and search
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for Docket ID NRC20140165. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable 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 NRCs Public Document Room PDR
reference staff at 18003974209, 301
4154737, or by email to pdr.resource@
nrc.gov. For the convenience of the reader, the ADAMS accession numbers and instructions about obtaining materials referenced in this document are provided in the Availability of Documents section of this document.
The incoming petition is available in ADAMS under Accession No.
ML14184B120.
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 pdr.resource@NRC.gov or call 18003974209 between 8:00 a.m. and 4:00 p.m. EST, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Juan Lopez, Office of Nuclear Material Safety and Safeguards; telephone: 301415
2338; email: Juan.Lopez@nrc.gov; or Ilka Berrios, Office of Nuclear Material Safety and Safeguards; telephone: 301
4152404; email: Ilka.Berrios@nrc.gov.
Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 205550001.
SUPPLEMENTARY INFORMATION:
Table of Contents I. The Petition II. Background III. Reasons for Denial IV. Public Comments on the Petition V. Availability of Documents VI. Conclusion
I. The Petition Section 2.802 of title 10 of the Code of Federal Regulations 10 CFR, Petition for rulemakingrequirements for filing, provides an opportunity for any person to petition the Commission
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to issue, amend, or rescind any regulation. On June 12, 2014, the NRC
received a PRM from Anthony Pietrangelo on behalf of the Nuclear Energy Institute NEI or the petitioner.
The petitioner requested that the NRC
amend its regulations in 73.54, Protection of digital computer and communication systems and networks, to clarify the scope of 73.54a to only protect those systems and networks associated with structures, systems, or components SSCs that are either necessary to prevent core damage and spent fuel sabotage, or whose failure would cause a reactor scram.
The NRC identified two principal issues in the petition. First, the petitioner asserts that a rulemaking is needed to clarify the language in 73.54a to make it consistent with the original intent of this provision to protect against radiological sabotage by only protecting those digital assets that if compromised could directly cause significant core damage or spent fuel sabotage, or whose failure would cause a reactor scram. Second, the petitioner asserts that what it sees as the broad scoping language in 73.54a1 goes considerably beyond the scope of systems and networks necessary to prevent radiological sabotage, unnecessarily diverting licensee attention from the protection of those digital assets having a direct relationship to radiological sabotage.
According to the petitioner, the time, resources, and costs of protecting from a cyber attack those digital assets not directly related to preventing radiological sabotage are inconsistent with the intent of the cyber security rule and are not justified. As discussed in the Reasons for Denial section of this document, the petitioner presented several assertions to support its petition that the NRC considered in the evaluation the PRM. On September 22, 2014, the NRC published a notice of docketing of PRM7318 in the Federal Register along with a request for public comment.
II. Background Following the terrorist attacks of September 11, 2001, the NRC conducted a review of its security requirements to ensure that nuclear power reactors and other licensed facilities could effectively protect against the changing threat environment. Based on this review, the
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