ML19274C765
| ML19274C765 | |
| Person / Time | |
|---|---|
| Issue date: | 11/01/1978 |
| From: | Rich Smith NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| References | |
| RTR-REGGD-05.052, RTR-REGGD-5.052 NUDOCS 7811170301 | |
| Download: ML19274C765 (5) | |
Text
.k, NRC PUBLIC DOCUMENT R(X)y 7590-01 NUCLEAR REGULATORY COMMISSION REGULATORY GUIDE Expiration of Initial Comment Period On August 8,1978, the Nuclear Regulatory Comission announced in the FEDERAL REGISTER (43 FR 35136) the issuance of a proposed revision to Chapters 4 and 18 of Regulatory Guide 5.52, Revision 1, " Standard Format and Content for the Physical Protection Section of a License Application (for Facilities Other Than Nuclear Power Plants)." These chapters were revised to provide guidance to licensees for preparing the training and qualification plan they will be required to provide under amendments to paragraphs 73.30(d), 73.30(e), 73.50(a)(4), and 73.50(h) of 10 CFR Part 73 and the new Appendix B to Part 73 entitled " General Criteria for Security Personnel," which became effective on October 23, 1978. The August 8, 1978, notice stated that these revised chapters would be published in final form after consideration of public coment.
During the public comment period, which ended on September 8, 1978, few comments were received; none were judged sufficiently substantive to necessitate further revision of the chapters. The entire Regulatory Guide 5.52 is carrently undergoing revision in connection with the recently proposed upgraded physical protection requirements for fuel cycle facilities and transportation published in the FEDERAL REGISTER on August 9, 1978 (43 FR 35321). The revised chapters 4 and 18 will be incorporated in the revised document when it is published for comment.
7811170 30/
.~
7590-01
. One commenter suggested that "... substantive guidance on the specific intent of some of the revised requirements is really what is necessary."
The intent of the regulation in general and of specific provisions in the regulation was discussed in the statement of considerations of both the proposed and the final regulation.
If commenters will identify specific areas where the intent is not clear, these will be addressed further.
Another commenter stated that the information requested in Sections 4.3 and 18.3 of the regulatory guide duplicates the information required in Appendix B to Part 73 and the licensee should be pemitted to submit his plan in accordance with Part 73 in lieu of completing Sections 4.3 and 18.3.
The regulatory guide is intended to identify the format and content of the plan to be submitted in compliance with Part 73, Appendix B.
Sections 4.3 and 18.3 are not requirements for submittal but rather guidance on what to submit pursuant to the Part 73 requirement.
Other commenters questioned the items in the revised chapters that called for criteria to be used to ensure an armed person's maturity and reliability if younger than 21 in view of the fact that the regulation requires an armed person to be at least 21 years of age. The purpose of this requirement is to ensure maturity in armed personnel.
It is based on the experience of many organizations that persons aged 21 or over gener-ally are sufficiently mature and reliable to serve in an armed capacity.
If there are other criteria to provide this assurar.ce, it is conceivable that an exemption to the 21-year age requirement could be made.
Commenters
7590-01
, also noted that the 21-year rge requirement also might be in conflict with
, some State laws. The NRC staff is studying this situation further.
At the time the revised chapters to Regulatory Guide 5.52 were issued, two additional guidance documents were published for public comment. These were NUREG-0464 (Draft), " Site Security Personnel Training Panual," and NUREG-0465 (Draft), " Transportation Security Personnel Training Manual."
Extensive coments were received on these dccuments, and they are being revised before being published in final form. When published, the final oocuments may be purchased at current rates from the National Technical Information Service, Springfield, Virginia 22161. Copies will be provided to those on the original distribution list.
Single copies of the revised chapters to Regulatory Guide 5.52 and the drafts of the two training manuals may be obtained by writing to the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:
Bernadine Scharf, Distribution Services Branch.
(5 U.S.C. 552(a))
Dated at Rockville. W ryland this 1st day of roy-s,,,
1978.
For the Nuclear Regulatory Commission.
f S
/
Ray G'. Smith, Acting Directur Office of Standards Development
/
UNITED STATES o
E NUCLEAR REGULATORY COMMisDON o
T.
p WASHINGTON, D. C. 20555
%*****/
October 31, 1978 REGULATORY GUIDE DISTRIBUTION LIST (Division 5)
On July.31, 1978, the Nuclear Regulatory Comission issued for review and coment proposed revisions to Chapters 4 and 18 of Regulatory Guide 5.52, Revision 1, " Standard Format and Content for the Physical Protection Section of a License Application (for Facilities Other Than NuclearPowerPlants)." These chapters were revised to provide guid-ance to licensees for preparing the training and qualification p%ns they will be required to provide under amendments to paragraphs 73.30(d), 73.30(e), 73.50(a)(4), and 73.50(h) of 10 CFR Part 73 and the new Appendix B to Part 73 entitled " General Criteria for Security Personnel," which became effective on October 23, 1978. The trans-mittal letter stated that these revised chapters would be published in final fom after consideration of public coment.
During the public coment period, which ended on September 8,1978, few comments were received; none were judged sufficiently substantive to necessi-tate further revision of the chapters. The entire Regulatory Guide 5.52 is currently undergoing revision in connection with the recently proposed upgraded physical protection requirements for fuel cycle facilities and transportation published in the Federal Register on August 9, 1978 (43 FR 35321). The revised chapters 4 and 18 will be incorporated in the revised document when it is published for coment.
One comenter suggested that "... substantive guidance on the specific intent of some of the revised requirements is really what is necessary."
The intent of the regulation in general and of specific provisions in the regulation was discussed in the statement of considerations of both the proposed and the final regulation.
If commenters will identify specific areas where the intent is not clear, these will be addressed further.
Another commenter stated that the infomation requested in Sections 4.3 and 18.5 of the regulatory guide duplicates the information required in Appendix B to Part 73 and the licensee should be permitted to submit his plan in accordance with Part 73 in lieu of completing Sections 4.3 and 18.3.
The regulatory guide is intended to identify the format and content of the plan to be submitted in compliance with Part 73, Appendix B.
Sections 4.3 and 18.3 are not requirements for submittal but rather guidance on what to submit pursuant to the Part 73 requirement.
Other commenters questioned the items in the revised chapters that called for criteria to be used to ensure cn armed person's maturity and relia-bility if younger than 21 in view of the fact'that the regulation
requires an armed person to be at least 21 years of age. The purpose of this requirement is to ensure maturity in armed personnel.
It is based on the experience of many organizations that persons aged 21 or over generally are sufficiently mature and reliable to serve in an anned capacity.
If there are other criteria to provide this assurance, it is conceivable that an exemption to the 21-year age requirement could be made. Commenters also noted that the 21-year age requirement also might be in conflict with some State laws. The NRC staff is studying this situation further.
At the time the revised chapters to Regulatory Guide 5.52 were issued, two additional guidance documents were published for public coment.
These were PJREG-0464 (Draft), " Site Security Personnel Traini.ng Manual,"
and NUREG-s465 (Draft), " Transportation Security Personnel Training Manual." Extensive comments were received on these documents, and they are being revised before being published in final fenn. When published, the final documents may be purchased at current rates from the National Technical Information Service, Springfield, Virginia 22161. Copies will be provided to those on the original distribution list.
Single copies of the revised chapters to Regulatory Guide 5.52 and the drafts of the two training manuals ray be obtained by writing to the U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention:
Bernadine Scharf, Distribution Services Branch.
F Sincerely, pl!I
/4 Robe B. Minogue Director ja Office of Standards Development
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