ML18267A196

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Part 73 Enhanced Weapons Rulemaking Presentation
ML18267A196
Person / Time
Issue date: 09/25/2018
From: Robert Beall, Phil Brochman
Office of Nuclear Material Safety and Safeguards, NRC/NSIR/DPCP/MWSB
To:
Duvigneaud D
References
Download: ML18267A196 (9)


Text

Overview of Draft Final Enhanced Weapons Rule and Applicability to Cat II and III Fuel Cycle Licensees Robert Beall Philip Brochman September 25, 2018

Objective

  • Provide an overview of the draft final Enhanced Weapons, Firearms Background Checks, and Security Event Notifications rule
  • Review the applicability of the new suspicious activity reporting requirements to Cat II and III facilities
  • The staff is not seeking nor accepting comments on the draft final rule during this meeting 2

History & Current Status

  • Two public meetings were held on the proposed rule:

- June 1, 2011

- September 22, 2015

  • Draft final rule was provided to the Commission on May 25, 2018

- Draft final rule package is publicly available in ADAMS under Accession No. ML16264A000

  • Commission is currently reviewing the draft final rule

- Draft final rule is subject to change by the Commission 3

Applicability Matrix CAT II/III CAT I Strategic CAT II/III Power CAT I SSNM Enrichment Hot Cells/ CAT II/III SNM SNM and Requirement ISFSIs NPUFs SNM Reactors Facilities Facilities w/ RD MRS/GROAs Transportation SNF/HLW Facilities Technology Transportation Stand-alone Preemption Authority X X X X (10 CFR 73.15)

Combined Preemption Authority and Enhanced Weapons X X X X Authority (10 CFR 73.15)

Firearms Background Checks (NICS) X X X X (10 CFR 73.17)

Physical Security Event Notifications X X X X X X X X X (10 CFR 73.1200)

Suspicious Activity Reporting X X X X X X X (10 CFR 73.1215)

GROA: Geologic repository operations area HLW: High-level radioactive waste ISFSI: Independent spent fuel storage installation MRS: Monitored retrievable storage installation NPUF: Non-power production or utilization facility RD: Restricted data SNF: Spent nuclear fuel SNM: Special nuclear material ADAMS Accession No. ML18250A197 4

Suspicious Activities

  • Cat II and III SNM fuel facility licensees are not subject to the suspicious activity reporting (SAR) requirements (§73.1215)
  • Cat II and III SNM enrichment licensees are subject to one SAR provision [§73.1215(f)]

- Focused on Restricted Data information, technology, or materials

- No focus on other aspects (SNM security) 5

Event Notifications

  • First update since 1987
  • Uses security-significance timeliness vs.

single 1-hour notification requirement

- New 15 min [imminent or actual hostile acts]

- 1 hr [significant security impact]

- 4 hr [security impact]

- 8 hr [programmatic impact]

- New 4 hr, 24 hr, and 48 hr [enhanced weapons related notifications]

6

Implementation

  • The rule would take effect 30 days from publication in the Federal Register
  • Licensees will have 300 days from publication to implement the final rule requirements

- Updating procedures and training key personnel

  • Security event notifications
  • Suspicious activity reporting 7

Supporting Guidance

  • Rev 2 to RG 5.62: Physical security event notifications
  • New RG 5.86: Enhanced weapons and firearms background checks
  • New RG 5.87: Suspicious activity reports
  • Weapons Safety Assessment volumes
  • Licenses should not use NUREG-1304 after rule takes effect

- Public workshop after implementation period for input to update NUREG-1304 8

References

  • The proposed and draft final rule, as well as the public comments can be found at:

- https://www.regulations.gov

- Use Docket ID: NRC-2011-0018 9