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Category:Letter
MONTHYEARML23332A1052023-12-0707 December 2023 University of Texas at Austin - Regulatory Audit Re Renewal of Facility Operating License No. R-129 for Its Triga Mark II Nuclear Reactor ML23258A1622023-09-15015 September 2023 Submission of Environmental Report for the University of Texas at Austin Research Reactor in Support of License Renewal ML23216A2122023-08-0404 August 2023 Univ. of Texas - Austin, Submittal of Draft Safety Analysis Report for the Support of License Renewal ML23193B0332023-07-31031 July 2023 University of Texas at Austin - NRC Security Inspection 2023202 IR 05000602/20232012023-07-31031 July 2023 University of Texas at Austin - NRC Safety Inspection Report No. 05000602/2023201 ML23195A1802023-07-14014 July 2023 Submission of Revised Draft Safety Analysis Report (Chapters 4 and 13) Incorporating Neutronic and Thermal Hydraulic Analysis for the University of Texas at Austin Research Reactor ML23129A2432023-05-10010 May 2023 University of Texas at Austin Notice of Violation ML23102A1422023-04-13013 April 2023 Examination Confirmation Letter No. 50-602/OL-23-02, University of Texas at Austin ML23065A3032023-04-11011 April 2023 University of Texas at Austin Issuance of Amendment No. 8 to Facility Operating License R-129, for the University of Texas at Austin Triga (Training, Research, Isotopes, General Atomics) Nuclear Research Reactor to Change Paragraphs 2.B.(2) ML23074A2142023-03-16016 March 2023 Transmittal of 2022 Annual Report for the University of Texas Triga II Nuclear Research Reactor ML23052A1712023-03-0707 March 2023 University of Texas at Austin - Report on the Regulatory Audit Renewal of Facility Operating License No. R-129; Docket No. 50-602 ML23067A1962023-03-0707 March 2023 Univ of Texas - Austin, Reply to a Notice of Violation ML23067A2092023-02-25025 February 2023 University of Texas at Austin - Response to Apparent Violations in NRC Special Inspection Report 05000602/2022201; EA-22-134 ML23040A3032023-02-0909 February 2023 Univ of Texas - Austin, Submittal of Neutronics Report and Thermal Hydraulic Analysis of the Triga Reactor IR 05000602/20222012023-01-25025 January 2023 University of Texas at Austin - U.S. Nuclear Regulatory Commission Special Inspection Report 05000602/2022201 ML22322A1142022-11-16016 November 2022 the University of Texas Nuclear Research Reactor 14-Day Report ML22333A6232022-11-16016 November 2022 University of Texas, Submittal of 14-Day Report for Event Number 56198 ML22224A1432022-09-13013 September 2022 Examination Confirmation Letter No 50-602/OL-23-01, University of Texas at Austin ML22269A4792022-09-0909 September 2022 Request for Revision of Uranium and Plutonium Forms in License R-129 ML22224A1222022-08-22022 August 2022 University of Texas at Austin Change of Facility Backup Project Manager ML22164A0092022-06-13013 June 2022 Annual Report for the University of Texas Triga II Nuclear Research Reactor ML22164A0062022-06-13013 June 2022 Univ of Texas - Austin, Change in Level 1 Management ML22130A1752022-05-17017 May 2022 University of Texas at Austin Interim Status Report on the Regulatory Audit Re Renewal of Facility Operating License No R-129 IR 05000602/20212012022-01-26026 January 2022 University of Texas at Austin - Us Nuclear Regulatory Commission Routine Safety Inspection Report No. 05000602/2021201 ML21272A1662021-10-0404 October 2021 University of Texas at Austin Change of Facility Project Manager ML21266A4062021-09-0101 September 2021 Notification of a Change in Level 1 Management for the University of Texas at Austin Nuclear Engineering Teaching Laboratory (NETL) ML21077A1202021-03-0909 March 2021 Transmittal of 2019 Annual Report for the University of Texas Triga II Nuclear Research Reactor ML21077A0792021-02-0808 February 2021 Univ. of Texas - Austin, Revision of Physical Security Plan ML21015A3422021-01-19019 January 2021 University of Texas at Austin - Review of the Physical Security Plan in Support of Renewal of Facility Operating License No. R-129 IR 05000602/20202022021-01-0606 January 2021 University of Texas at Austin - Nuclear Regulatory Commission Routine Inspection Report 05000602/2020202 ML20345A1362020-12-0202 December 2020 the University of Texas at Austin - Draft Physical Security Plan for Comment ML20295A4242020-11-16016 November 2020 Notification of Mailing Address Change Regarding Submittal of Fingerprint Cards ML20290A4642020-10-0101 October 2020 Notification of a Change in Level 1 Management for the University of Texas at Austin Nuclear Engineering Teaching Laboratory (NETL) ML20203M1662020-07-23023 July 2020 University of Texas at Austin - Regulatory Audit Renewal of Facility Operating License No. R-129 ML20206K9492020-06-24024 June 2020 Notification of a Change in Level 1 Management for the University of Texas at Austin Nuclear Engineering Teaching Laboratory (NETL) ML20115E2932020-04-16016 April 2020 University of Texas, Austin, Revised Submission of Neutronic and Thermal Hydraulic Analysis ML20097C6512020-03-31031 March 2020 Univ. of Texas - Austin - Submittal of Neutronic and Thermal Hydraulic Analysis ML20072H3352020-03-0303 March 2020 2019 Annual Report for the University of Texas Triga II Nuclear Research Reactor IR 05000602/20192012019-12-23023 December 2019 University of Texas - 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September 15, 2015 Dr. Steven Biegalski, Director Nuclear Engineering Teaching Laboratory University of Texas Pickle Research Campus Bldg. 159 10100 Burnet Road Austin, TX 78758
SUBJECT:
UNIVERSITY OF TEXAS AT AUSTIN - CAMPUS CARRY WEAPONS LAW AND REQUIREMENTS OF TITLE 10, PART 73, OF THE CODE OF FEDERAL REGULATIONS
Dear Dr. Biegalski:
The U.S. Nuclear Regulatory Commission (NRC) staff received a phone call from you on June 18, 2015, regarding the recently enacted Campus Carry Weapons Law1 in the State of Texas. Specifically, you requested information on the NRC requirements related to carrying firearms in the Nuclear Engineering Teaching Laboratory (NETL), an NRC-licensed facility.
Section 229a.(1) of the Atomic Energy Act2 authorizes the Commission to issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material into any facility subject to the jurisdiction, administration, or licensing authority of the Commission.
Pursuant to this authority, the Commission has issued such regulations in Title 10 of the Code of Federal Regulations (10 CFR). Specifically, paragraph (c)(1) of Section 73.81, Criminal penalties, states, in part, that no person without authorization can carry, transport, or otherwise introduce any dangerous weapon upon a protected facility or installation. The terms protected facility or installation, without authorization, and dangerous weapon are defined in 10 CFR 73.81.
The relevant Texas state law is in direct conflict with the Federal requirement. When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the United States Constitution3. As such, the Federal requirement would take precedence over the state law at the NRC-licensed facility.
Therefore, as provided in 10 CFR 73.81, you cannot allow the carrying of weapons into the NETL by unauthorized individuals. Authorized individuals whose official duties require them to carry weapons (e.g., police officers) are permitted to carry such weapons at the NETL facility.
1 Tex. Govt. Code § 411.2031 (Signed Jun 13, 2015, Eff. Aug 1, 2016).
2 Atomic Energy Act, as amended, 42 U.S.C. § 2011 et seq., (1954).
3 U.S. Const. art. VI., § 2.
S. Biegalski Additionally, you must meet the requirements set forth in 10 CFR 73.75, Posting, as applicable. Specifically, 10 CFR 73.75(b)(1) and (b)(4) state, in part, that: 1) posted notices must be conspicuously displayed at every vehicle and pedestrian entrance; and, 2) posted notices must be easily readable day and night by both pedestrian and vehicle traffic.
Additionally, 10 CFR 73.75(b)(3) provides the following required language for the posted notices:
The willful unauthorized introduction of any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property into or upon these premises is a Federal crime.
(42 U.S.C. 2278a.)
Considering the recently enacted Campus Carry Weapons Law, the following language should be added to the beginning of the notice: Notwithstanding Tex. Govt. Code § 411.2031.
If you have any questions regarding this letter, please contact Mr. William Schuster at (301) 415-1590 or electronic mail at William.Schuster@nrc.gov.
Sincerely,
/RA/
Lawrence E. Kokajko, Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-602 cc: See next page
University of Texas at Austin Docket No. 50-602 cc:
Governors Budget and Planning Office P.O. Box 13561 Austin, TX 78711 Bureau of Radiation Control State of Texas 1100 West 49th Street Austin, TX 78756 Dr. William Powers, Jr., President University of Texas at Austin Nuclear Engineering Teaching Laboratory Austin, TX 78758 Office of the Governor P.O. Box 12428 Austin, TX 78711 P. Michael Whaley, Associate Director Nuclear Engineering Teaching Laboratory The University of Texas at Austin 10100 Burnet Road Austin, TX 78758 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611
ML15236A082 NRR-106 OFFICE NRR/PROB/NE NRR/DPR/LA NRR/PRLB/PM NRR/PROB/BC NAME WSchuster ELee STraiforos (LTran for) KHsueh DATE 08/24/15 08/26/15 08/26/15 08/27/15 OFFICE OGC NRR/DPR/DD NRR/DPR/D NAME LLondon : NLO
- MGavrilas LKokajko DATE 09/10/15 09/11/15 09/15/15