ML20032C739
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ALL NON POWER P.EACTOR LICENSEES Enclosed for your information and/or comment is a cooy of a recent Federal Register notice and a copy of a public announcement Esued in conjunction with the Federal Register notice.
Sincerely, Original signed bypyy u w senhut p I) e 6
- ' W" Darre11 G. Eisenhut, Director i
i Division of Licensing
Enclosures:
As stated DISTRIBUTION:
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OFF1ClAL RECORD COPY usammi m.m gne ro.w ais coe nacu ouo
w ATTACHMENT TO GENERIC LETTEP. TO ALL NONPOWER REACTOR LICENSEES
+
u Docket No.
Docket No.
Docket No.
.50-70 50-294 50-297 50-184 50-187 50-375 50-13 50-243 50-150 50-360 50-5 50-182 50-225 50-288 50-193 50-394 50-59 50-57 50-77
'50 113 50-54
' ' ~ ~ ' '
50-276 50-224 50-142 50-284 50-326 50-433 50-538 50-357 50-83 50-128 50-151 50-356 50-406 50-166 50-148 50-98 50-192 50-223 50-252 50-407 50-2 50-112 50-156 50-186 50-72 50-131 50-123 228 50-27 50-396 50-179 50-99 50-139 50-208 50-262 50-124 50-157 50-97 50-87 50-264 50-73 50-134 50-163 50-160 50-89 50-116 50-274 50-199 50.188 50-20 G
a
Federal Regi:ter / V:1.'40, No.181'/ Fray, Septemb:r 18, 1981 / Propos d Rul:s 46333 1
RegulatoryI!exibility Art otherwise have been exempted becau4e least at the level prescribed in I 73.67(d)
~TIGIDPeeter, Office of Personnel of an external radiation dose rate in for special nuclear material (SNM)
M:nagement, certifies that this excess of100 rem per hour at 3 feet.
moderate strategic significance.Tlu,of s
repdation w31 not have a significant
%ese amendments would also require requirement would apply regardless of economic impact on a substantial additional physrcal protection measures what portion of the material possessed nu lher of small entities, including small against theft of special nuclear material, is irradiated in excess of the 100 rem /h business, small organizational units and.beyond the minimumlevel, when the external radiation dose rate level. The smal! governmental jurisdictions.
amodnt of possessed strategic special amendments also require that additional nuclearmaterial having a radiation dose physical protection measures, specified Offics of Personnel Management...
rate below tM exemption level equals or in a new paragraph. I 73.67(h), be Ibverly McCain Jones.
exceeds afdtmula quantity.
provided during periods when the issuan eSystemManager.
DATES:Cominents must be received on amount of SSNM possessed having an PART 690-I EDERAL EMPLOYEES,
r before November 17.1981. Comments external dose rate not exceeding the 100
' received after that date will be rem /h level equals or exceeds a formula HEALTH BENEFIT 3 PROGRAM considered if it is practical to do so, but quantity. ne additional measures are Accordingly, OPM proposes to amend assurance of consideration cannot be designed to provide the affected 3 CFR 890.701 to read as follows:
given except 'as to comments received nonpower reactor facilities with a level on or before that date.
of protection comparable to that ADDRESSES: Comments or suggestions provided for formula quantities of SSNM
, Medico #y underservedarea for consideration in connection with the at fuel cycle facilities, while taking includes any of the 50 States of the proposed amendments should be sent to advantage of a number of specific the Secretary of the Commission, facility and fuel design features that er onnel fanagement d es that Nuclear Regulatory Commission, collectively offer inherent protection 25 percent or more of the residents are Washington, D.C.20555, Attention:
against theft.
I d
dical Docketing and Service Branch.
At most of the nonpower reactor mk pow r a ge areas des ated Comments may also be delivered ta' facilities that would be affected by the pursuant to set: tion 332 of the Public Room 1121.1717 H Street, N.W.,.
proposed amendments, the external ifealth Service Act (42 U.S.C. 254e).%e Washington. D.C. Comments received radiation dose rate for SSNM used as Office has determined that effective will be available for examination and reactor fuel is kept sufficiently high to Janu ry 1,1982, the following states are C pying at the Commission a Public allow t. e facility to be protected
.' medically underserved areas for Document Room at 1717 H Street, N.W.,
continuossly at the level required for purposes of this subpart: Alabama.
Washington, D.C.
SNM of moderate strategic significar:ce.
Ala ska, Kentucky, Mississippi. Missouri, l'OR FURTHER INFORMATION CONTACT:
Only rarely would the external radiation North Carolina. North Dakota, Mr. C. K.Nulsen. Regulatory dose rate of the fuel drop sufficiently to j
Oklahema South Carolina, South Improvements Branch, Division of require the additional physical Dakota, and West Virginia.
Safeguards Office of Nuclear Material protection measures described in the Safety and Safeguards U.S. Nuclear proposed i 73.67(h).These periods can (Nb. L 96-179)
Regulatory Commission, Washington, be anticipated by the licensee,
- rn on. swzw rw we e ss **l D.C. 20555 (301-427-4181).
permitting sufficiant time for the
'" CC * '22" SUPPLEMENTARY INFORMATION:The required additional physical protection Nuclear Regulatory Commission is measures to be implemented.
NUCLEAR REGULATORY considering amendments to its ph)sical
. Nonpower reactors possessing COMMISSION protection regulations for nonpower formula quantities of SSNM previously reactor facility licensees authorized to had been designated as facilities 10 CFR Parts 50,70, and 73 possess a formula quantity or more of requiring protection far SNM of strategic special nuclear material moderate strategic significance, but also Safiguards Requirements for (SSNM).The amendments would were required to provide a set of Nonpower Reactor Facilities -
replace existing interim requirements for additional physical protection measures Authorized to Possess Formula the physical protection of these facilities specified in i 73.60, on an interim basis Ouantitles of Strategic Special Nuclear now set forth at to CFR 73.60. Some
[44 FR 68199], until several technical.
Mat: rial nonpower reactor operators, although issues could be resolved to determine i
AfENcy: Nuclear Regulatory they may possess formula quantities of the level of physical protection Commission.
SSNM, currently would be required to appropriate for these facilities.The ACTC N: Proposed rule.
provide only minimal physical issues which were examined are protection for this matenal smce some discussed below.
SUMMARY
- The Nuclear Rggulatory of their material typically is 1 radiated-Technical Basis for Radiation Dose Rate Conumssion is considering amendroents to a level which would qualify them for igts physical protection regulations for,,,exeruption under i 73.67(b)(1)(i).The Exemption Level nonpower reactor facilities authorized to exemption is based on the deterrent The existing exemption level,100 possess formula quanti'les of strateg'c effect of an external radiation dose rate rem /h at 3 feet from any accessible
. speclil nuclear material. The in excess of100 rem per hour at 3 feet surface without intervening shielding, amindments would provide as a-from any accessible surface without was found to be appropriate and ic not minimum that these facilities be intervening shielding.
changed.The Commission has protected at the level required for The amendments would re, quire determiried that it is appropriate to special nuclear material of moderate nonpower reactor licensees authorized allow credit towards safeguards based strategic significance, regardless oT the
, possess formula quantities of upon radiation levels due to the amount of strategic special nuclear strategic special nuclear material to deterrent quality of nuclear radiation material for which the licensee would protect the material they possess at and the adversaries' difficulty in
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e M
46334 Federal Register / V 1. 46, No.181 / Friday, September 18, 1981 / Propos d Ruhs y
j i
eccurately determining irradiation noncontiguous Category 11 sites either the ALARA principle and believes that sev112. The current exemption level, withdrew their requests or reduced their -higher dose rates would encourage which is internationally accepted does holdings below a formula quantity.
reactor operation simply to meet the
- not, however, preclude the possibility of The determinations and conclusions regulato,ry exemption level. This is a dedicated adversary, heedless of the noted above have been used in the against the ALARA principle in that subsequent effects of the radiation ifevelopment of the proposed reactors might be operated at radiation exposure, successfully removing a apwndments. These agnendments have levels highee than necessary.
formula quantity of SSNM from a
.as their objective reducing the risk of Commissioners Gilinsky and Bradford nonpower reactor facility before being theft of a, formula quantity of SSNht. and favor an alternative approach and physically incapacitated by the -
thus red cing the risk to the public would like public comment on it.The t
rrdiation effects. For this reason,,it is
. health and safety. The licensees are Commission does not object to their considered prudent to require that the
- required'to maintain at all times a requesting such comments, but because minimum level of physical protection
' capability for implemen'ing the the Commission does not endorse the provided for these nonpower' reactor.
additional physical protection measures alternative, comments in support of that frcilities be the same as that for SNhi of specified in new paragraph 73.67(h).
proposal will not form a basis for moderate strategic significance.
They are not required, however, to adopting a final rule without another regardless of the amount of SSNM
[mplement them unless they possess a round of comment. Commentators possessed which is irradiated beyond formula quantity of SSNk with desiring to influence the Commission to ths 100 rem /l.at 3 feet level radiation, dose rates below the 100 rem /
adopt this alternative are therefore St.feguards Credit for Design Features h exemption level. For all except one ddvised to frame their views as negative The staff considered the feasibility of
- [
ces whfch prYvented comment on the Commission propcsat
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st allowling safeguards credit for unique design features of reactors and fuel the licensee from maintaining a normal The approach isvored by types under study.The followmg irradiation operating schedule.The -
Commissioners Gilinsky a id Bradford conclusions were reached:(a) ATRIGA specific additio ial measures required would require all nonpower reactors FLIP type fuel cluster may be cons ldered include: (1) additional physical barriers that possess in excess of 5 kilograms of a discrete unit in determining external around the SSNM:(2) improved highly enriched uranium fuel to intrusion and radiation detection implement the safeguards upgrade rule.
radiation dose rates for exemption
. purposes: (b) some safeguards credit can *:apabilities:(3) a two-person occupancy An exemption from this requirement ruS for controlled access areas where woald be provided if the fuel emits be given for the use of TRIGA FLIP type fuel because reprocessing difficulties the material is used and stored: (4) exit external radiation at a rate that would raske it an undesirable theft target:(c) searches:(5) requirements for produce a dose greater than 2000 rem snme safeguards credit can be given for redundancy in communications: (6) 48 per hour at 3 feet, a level at which the i
the use of MTR plate-type fuel, but to a hour advance notice by the licensee to fuelis considered to be self protecting.
i lesser degree than for TRIGA FLIP type the NRC when it is expected the This approach is more consistent with fuel: (d) some safeguards credit can be additional requirements will need to be the~present protection requirements for
^ " ut and implemented; and (7) coordination of highly enriched uranium than the n rt e a
e hthe locallaw enforcement agency (LLEA)
Commission's approach in that pc g b difficulty in gaining access to the reactor response times and physical security significant quantities of unirradiated core; (e) some safeguards credit can be system capabilities to assure offsite highly enriched uranium fuel would be given for the design of open pool-type response forces wd, l arrive before a treated in the same way, whether they reactors because of th,e difficulty in formula quantity of SSNM can be were at a fu,el cycle plant or at a removing fuel from the pool, but to a removed.
university.
lesser degree than for the Argonaut and Several nonsubstantive clarifyin8 The 100 rem /hr at 3 feet exemption tank type reactors. Based upon these amendments to the currently effective level contained in the Commission considerations, the Commission has Parts 50,70, and 73 are also proposed.
proposal does not, in fact. provide self-determinec' that the additional physical These amendments do not modify protection to the fuel. Rather, as a study prc,trctio_t requirements included in current practices or applications of the performed by Los Alamos Scientific 5 7317(h) of the proposed amendments regulations but will clarify the text of would provide for a level of protection several sections.
Laboratory (LASL) for the staff clearly states,I 100 rem /hr is not great enough comparable to that required for formula The Commission endorsed the to impair the actions of the group quantities of SSNM at fuel cycle approach in the proposed rule based on facililles. It would be lest burdensome several considerations. The Commission attempting theft.The study concludes for NPR licensees to implement these acknowledges that the existing that for an incapacitating dose (to physical protection requirements than to exemption level.100 rem /hr at three individuals attempting to remove the implement the same requirements that feet. !s not an incapacitating dose rate, fuel from the facility), the dose rate per element must reach at least several fuel cycle facilities possessing formula but se "es as a deterrent to theft. In
, addilion..ths Commission believes that - thousand rem per hour at 3 feet.
T' quantities must implemect...
this dose rate wdl be a sigmficant Finally, Connnissioners Gilinsk '.and Y
Contiguous Sites deterrent to the processing of the Bradford note that a sesere protection i
Tha Commission has also letermined material for use as a weapon regime w uld not be necessary at i
that if two sites at one facility are to be particularly recognizing the small university and other research reactors if considered noncentiguoua they should quantities of material present at these these reactors switched to fuels using be in separate structures and have reactors and the inherent difficulty in 1 wer enrichment uranium which cannot senarzte and redundant physical preprocessing the TRIGA and MTR
^
security systerus.The licensees that plate-type fuel used in nonpower,
$.j(M%,'gI(([dII.NS14mos originally informally reqaested that their reactors. Ilowever, the Commission also scienunc t.aboratory. Los Alamos. New Mexico. (1
(
facdities be considered as two separate has considered this dose rate in view of 1 Kioellmg. E. w. Barts). December 24. WHo.
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Fcd;ral Regist:r / Vol, 46, No.181 / Friday, September 18, l981 / Proposed Rul;s 4G335
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y be ustd to make weapons. nat in their Regulatory Flexibility Statement of Federal Regulations, Parts 50,70 and vi2w is the best course.
In accordance with the Regulatory 73 is contemplated.
Srpirate Views of Commissioner Flexibility Act of 1980,5 U.S.C. 605(b),
Ilradford on Ihe Proposed Rule on the Comnu,ssion hereby certifies that PART 50-DOMESTIC LICENSING OF fahytical Security Requirements for this rule will not, if promulgated, have a PRODUCTION AND UTILIZATION FACit.ITIES Nonpower Rear tor 1.icensees significant economic impact on a Anthotired to Fosses Formula substantial number of small entities.
- 1. The authority citation for Part 50 is Quantities of Strategic Special Nuclear.
- This proposed rule would amend 10 CFR revised to read as follows:
Material Part 73 to require any nonpower reactor Authority: Secs. 103.104.181,182,183,189, I am concerned with both bie licensee authorized to possess a formula 08 Stal 936,937,948,953,954,955,958, as substance and the procedure of this quantity of strategic special nuclear amended (42 U.S.C. 2133,2134,2201,2232, r
Commission action. Substantivel 'it is a material (SSNM) to submit amendments 2233,2239), secs. 201,202,208,88 Stat.1243, Y
serious error io contemp ate a long-term to their physical security plans. nese 1244,1248 (42 U.S.C. 5841,5842,584s), unless j
plans would include certain additiona) otherwise noted. Section 50.78 also issued
" *"E * "
8 enriched uranium at university reactors security precautions that would be under sec.122,68 Stal 939 (42 U.S.C. 2152).
might be afforded less protection than impIemented wben a sufficient amount Sections 50.80-50.81 also issued under sec. ~
l' i
tha same material elsewhere. There is i the licensee s irradiated fuel drops 184,68 Stat. 954, as amended; (42 U.S.C.
2234). Sections So.too-So.1021ssued under nothing about a university environment
".the 100 rem /h at 3 feet external sec.186,68 Stat. 955; (42 U.S.C. 2236). For the that is inherently any safer than the rest radiation dose rate exemption level purposes of sec. 223,68 Stat.958, as of the nation as a location for material resulting in the licensee possessing a amended; (42 U.S.C. 2273), 5 50.54(i) Issued that can be directly used in the making formula quantity of nonself. protecting under sec.1611,68 Stat. 949; (42 U.S.C.
of nuclear bombs. This material has that fuel. At this time the proposed 2201(i)l, II 50.70,50.71 and 50.78 issued under extraordinary potential, and the amendments would require only 15 sec.161o 68 Stat.950, as amended;(42 U.S.C.
commission should be seeking comment licensees to submit revised security o)[end the laws referred to !n on a rule that protects it uniformly plans, and only one nonpower reactor,
wherever it might be stolen.
licensee would probably implement the
- 2. Paragraphs (c) and (d) of 5 50.34 are As a procedural matter, this is the first additional security measures at a cost of revised to read as follows:
rutemaking that I can recallin which the less than $3000. The amendment Commission has declined to seek pmbably would not affect any future Qo.34 contents of anplications; technical o
nnation.
comment on positions encompassing the licensees since they would not build a full range of views among the nonpower reactor requiring a formula Commissioners. Despite staff studies quantity of SSNM.
(c)Physica/securityplan. Each suggesting required external radiation The 15 licensees include three large application for a license to operate a dose : ate levels up to 3,000 rem per hour, companies (Union Carbide Corp.,
production or utilization facility must the oaly number being pmposed for General Atomic Corp.-a subsidiary of include a physical security plan.
comment is 100 rem per hour. While the Gulf Corp., and General Electric Corp.),
(1) For production and utilization ten major ualversities (Georgia Ter.h, facilities other than nonpower reactor i
public is, of course, still free to urge a significantly higher level of protection University of Wisconsin, Ma;,sachusetts facilities, the plan must consist of two than that proposed here, the nonpower Institute of Technology, University of parts. Part I must address vital reactor operators are not given notice Michigan, University of Virginia, Oregon equipment, vital areas, and isolation that this rulemaking might end in such a State University, Virginia Polytechnic zones, and must demonstrate how the i
result. It would have been far better to Institute Texas A&M, University of applicant plans to comply with the i
invite comment on a range as possible Missouri at Columbia, and Washington requirements of Part 73 of this chapter.
l exposure standards and protection State University), the National Bureau of as appropriate, at the proposed facility.
formats, indicating if necessary a Standank (NBS), and the Rhode Island Part II must list tests, inspections, and Commission preference as of now for Atomic E.iergy Commission. The thiae other means to be used to demonstrate -
the lower end of the range. Thir would corporations each employ in excess of compliance with these requireme..ts, as have avoided the suggestion that a 500 e nployees and have annual sales in appropriate.
particular t3 pe of reactor owner is being excess of $1 million.The ten universities (2) For nonpower reactor facilities, the undulyfavored and would have each employ in excess of 500 persons plan must demonstrate how the preserved the Commission's valuable and have annual revenues in excess of applicant plans to comply wi*h the past practice of seeking comment on
$1 million fcr services they provide. NBS requirements of Part 73 of this chapter, each of the :.ourses of action that we and the Rhode Island Atomic Energy as appropriate, at the proposed facility, might follow.
Commission are Federal and state and include tests, inspections, and other Peperwork Reduction Statement agencies, respectively.None of these means to be used to demonstrate affected licensees fall within the scope compliance with these requirements.
l The Nuclear Regulatory Commission of the definition of "small entitles" set (d) Safeguards contingencyplan. Each has submitted th!r. proposed rule to the forth in the Regulatory Flexibility Act or application for a license to operate a wOffics of Management and Budget for the Small 3usiness Size Standards in _ _. pmduction or utilization facilitysubject
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Tdch review as may be a$optlate " t'egulation'sissued by the Small Business to i 73.50 or i 73.54 of t% chapter must under the Paperwork Reduction Act,P.L Admmistration at 13 CFR Part 21..
include a licensee safeguards96-511.The 3F-83 " Request for Pursuant to the Atomic Energy Pt of contingency plan in accordance with the Citarance," SuppoMing Statement, and 1954, as amended, the Energy criteria set forth in Appendix C to Part other related documentation submitted Reorganization Act of1974, as amended, 73 of this chapter.The safeguards to OMB have been placed in the Public and sectons 552 and 553 of Title 5 of the contingency plan must include plans for Document Room at 171711 St., N.W.,
United States Code, notice is lereby dealing with threats, thefts, and l
Washington. DC 20555 for inspection given that adoption of the following radiological sabotage, as defined in Part and copying for a fee.
amendments to Title 10 Chapter I, Code 73 of this chapter, relating to the special
G336 Federal Register / Vol. 46 N2.181 / Fridry, September 18, 1981 / Proposed Rules nuclear material and nuc! car facilities
)uc! car reactor licensed pursuant to Part i 73.67 IJeensee fixed site and intransit firensed under this chapter and in the 50 of this chapter.
- requirements for the physical protection of special nuclear material of moderate and c pplican,t's possession and control. Each g
I i l de th low strategic significance and of formula (k) Each application for a license to quantitles,at nonpower reactors.
7I ation n ined n e applican s possess or use a formula quantity of safeguards contingency plan, as set forth (a) General performance objectives m Appendix C to Part 73 of this chapter' strategic special nuclear material for use in the operation of a nonpower reactor, and requirements. (1) Each licensee who in the categories of Background, Genenc special nuclear material of moderate possesses, uses, or transports special Planning Base. Licensee Planning Base-strategic significance, or to kg or mo7e nuc! car material of moderate orlow end Responsibility Matrix. The fifth of special nuclear material of low strategic significance, shall establish category of information, Procedures, strategic significance, as defined, and maintain a physical protection does not have to be submitted for respectively, under paragraphs (bb), (x) system that achieves the following c pproval.'
and (y) of i 73.2 this chapter, at any site objectives:
PART 70-DOMESTIC LICENSING OF or c ntigu us sites subject to control by (i) Minimizes the possibilities for SPECIAL NUCLEAR MATERIAL the licensee, must include a physical unauthorized removal of special nuclear security plan which demonstrates how material consistent with the potent *al
- 3. The authority citation for Part 70 is the applicant plans to meet the consequences of such actions; and revised to read as follows:
requirements of paragraphs [d). (e), (f),
(ii) Facilitates the location and Authority: Secs.51,53,161,182,183.68 (g), and (h), as appropriate, of i 73.67 of recovery of missing special nuclear Sta t. 929. 930 as amended,948, as amended, this chapter. These requirements do not material.
953 as amended. 954 (42 U.S C 2071. 2073 apply to a license for possession and use (2) To achieve these objectives, the 2201,2232,2233); secs. 20? 206,88 Stat.1244, of this materialin the operation of a physical protection system must meet 1240 (42 U.S.C 5842,5846) unless otherwise nuclear power reactor licensed pursuant the following general performance noted.
to Part 50 of this chapter.
requirements:
For the purposes of Sec. 223. 68 S'at.958, as (i) Provide early detection and amended (42 U.S.C 2273). Il 70.3. 70.19(c).
PARTS 73-PHYSICAL PROTECTION assessment of unauthorized access or 70.21(c). 70.22(a). (b). (dHk),70.24(a) and (b),
OF PLANTS AND MATERIALS activities by an external adversary 70.3?(a)(3). (5), and (1). 70.36,70.39(b) and (c).
,0.41(a). 70.42(a) and (c). 70.56, are issued
- 5. The authority citation for Part 73 is within controlled access areas under Sec.161b 6a Stat. w8. as amended (42 revised io nad as follows containing special nuclear material;
. (ii) Provide early detection of removal U.S C 2201(b)); il 70 204(d). 70 32(a)(6) (c).
Authority: Sees. 53.161b 1611,1610. Pub. L of special nuclear material by an (d). (e) and (g).70 36, 70.51(cHg). 70.56.85-703,68 Stat. 930. M8-950, as amended.
external adversary from controlled 70 57(L) and (d). 70.58(aHg)(3) and (h)-(i).
Pub. L 85-507,72 Stat. 327. Pub. L 88-489, access areas:
and 70.81-89 are issued under Sec.1614. 68 Stat. 002, Pub. L 93-377. 88 Stat. 475 (42 Stat. 919, as amended (42 U.S.C 2001(i)), and U.S C 2073. 2201); Sec. 201, Fub. L 93-438. 88 (b) Exemptions. (1) A license is il 70,32(h) 70.51lb) and (i). 70 52. 70.53. 70.54.
Stat.1242.1243, as amended. Pub. L 94-79. 89 exempt from the requirements of this 70 55,70 Sa(g)(4). (k) and (1),70.59. are issued Stat. 413 (42 U.S.C. 5841) unden Sec. IMo. 68 Stat. 9'io, as amended (42 For the purposes of Sec. 223. BS Stat. 95a. as il S C. 2201[o)).
amended. 42 U.S.C. 2273. 5 73 55 is issued possesses, uses, or transports: (i) sealed lP utonium-beryllium neutron sources
- 4. Para;;raphs (h) and (k) of i 70.22 are
""d*r SMe1. hS total ng 500 grams or less contained i>
8 amen ed.u SC 26.
revised to read as fo!!ows:
73.27,73.37,73.40,73.45.73 46. 73.50. 73 55.
plutonium at any one site or contiguous t 70.22 Conte'ts of app!ications.
and 73.67 are issued under Sec.161i,68 Stat.
sites, or (ii) plutonium with an isotopic 949, as amended. 42 U.S C 2201(i); and concentration exceeding 80 percent in I! 73 o(c)(i). 73.24ib)(1). 73.26(b}(3). (hlte).
plutonium-238.
(h) Each application for a license to li)(6) and (k)[4). 73 27(a) and (b). 73 40(b) 6nd (2) A licensee, other than a nonpower possess or use a formula quantity of (dj. 7J 4Q){6) and (h)(2) 73.50lg)(2L (3)hii)(B) reactor licensee authorized to possess a strategic special nudear material, as and (h) 73.55(h)(2). and (4)M)(U). 73 70. 73.71, formula quantity or more of strategic f
defined in parap aph (bb) of i 73.2 of and 73 72 are assaed under Sec.161o. 60 Ctat.
special nuclear material, is exempt from this chapter, at any site or contiguous 950, a. aniended. 42 U S.C 2201(o).
de b
Mh sites subject to control by the licensee, G. Paragraph (e) of $ 73 0 is revised to extent that the licensee possesses, uses, must loclude a ph sical security plan read as follo%:
or transports: Special nuclear material
)
3 consisting of two parts. Part I must which is not readily separable from address vital equipment, vital areas, and j 73.6 Exemptons for certa 1 quantities other radioactive material and which isolation zones, and must demonstrate and kinds of special nuclear material.
has a total external radiation dose rate how the applicant plans to meet the in excess of 100 rems per hour at a requirements of ll 73.20,73 40, 73.45 (e) Special nuclear material at distance of 3 feet from any accessible 73 40,73 50,73.70, and 73.71 of this nonpower reactors. Any licensee subject surface without intervening shielding.
chapter in the conduct of the activity to to i 73 67(h)is not exempt from Il 73.70 (3) A licensee, other than a nonpower de licensed. Pari !! mt.sGst tests,.
,and n.72.4nd any licensee subject to -
reactor licensee-authorized to possess a laspections, and other means to g 73.67(c)is not exempt from 5 73.72 of formula quantity t,r more of strategic demonstrate compliance with these this part.
special nuclear materiel, who has requi*ements. These requirements do quantities of special nuclear material not apply to a license for possession or 9 73.60 (Removed!
equivalent to special nuclear material of use of this materialin the operation of a
- 7. Section 73 60 is removed.
moderate strategic significance
- 8. In i 73.67, paragraphs (a). (b). the distributed over several buildings for
(
,[^,Pjyly;"dd'UN#$'"**
Introductory tnt of (c) and (c)(2) ar d (3) each building which contains a quantity dA c to ret 7:..araries the reprement for a are revised and a new para;:raph (h) is of special nuclear materialless than or l
ranungacy plan.
added to read as follows:
equal to a level of special nuclear
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4 3
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Federal Register / Vol. 46, No.181 / Friday, September 18, 1981 / Proposed Rules 46337
~
mit rial oflow strategic significance, meet the following additional general the controlled access areas sufficiently sh:ll protect the materialin that performance requirements:
to permit a response to prevent the Tu11 ding at least at the level of the lower (i) Provide early detection and unauthorized removal of a formula cltssification physical security assessment of unauthorized access or quantity of strategic special nuclear requirements.
activities by an insider adversary, or a material from the controlled access (c) Each licensee who possesses, uses, conspiracy between insiders, within areas. To accomplish this the physical tr:nsports, or delivers to a carrier for controlled access areas where special protection system must:
tr nsport, special nuclear material of nuclear materialis used or stored; (i) Employ, in addition to the physical mod: rate sta ategic significance or to kg (ii) Provide early detection of attempts security intrusion alarms or other or more of special nuclear material of at removal of special nuclear material devices or procedures required in low strategic significance, and each by an insider adversary, or a conspiracy paragraph (d)(3) of this section, tamper-licensee who is authorized to possess a between insiders, from controlled access safe radiation detection equipment in formula quantity of strategic special areas where special nuclear materialis the controlled access area in the nucl:ar material for use in the operation used or stored: and vicinities of the reactor core and storage of c nonpower reactor, shalh (iii) Provide for notification of the pool capable of detecting the (1) * *
- appropriate response forces, upon unauthorized movement ofirradiated (2) Within 240 days after the effective detection of attempts at unauthorized reactor fuel.The sensors must alarm d:te of these amendments or 30 days removal of special nuclear material from upon detecting radiation at levels equal aft:r the plan (s) submitted pursuant to controlled access areas where the to or greater than those generated by a pirgraph (c)(1) of this section is materialis used or stored,in time to source at floorlevel having a total cpproved, whichever is later, implement permit a response that will prevent the external radiation dose rate no greater tha epproved security plan, and removal of a formula quantity of than 10 rems per hour at a distance of 3 (3) Each licensee of a nonpower strategic special nuclear material.
feet from any accessible surface without re ctor authorized to possess a formula (2) To meet the general performance intervening shielding.The alarm must be quintity of strategic special nuclear requirements described in paragraphs monitored at a iocation remote from the mitzrial shall, in addition. (i) submit no (a)and(h)(1)of this section,during building where the sensors are installed.
liter than 150 days after the date these perioda when required pursuant to
[ i} Monitor the protected area with an cm ndments become effective a paragraph (h)(1) of this section, the intrusion alarm or other devices or physical security plan or an amended physical protection system must include physical security plan describing how the perfonnance capabilities described precedures to detect unauthorized penetration or activities.
th a licensee will comply with all the fect
}
n, add nt o.
es ed (iii) Detect attempts at unauthorized requirements of paragraph (h) of this access to all special equipment kept in s:ction, including schedules of para a h(
tM' a cess of a brized the controlled access areas which are l
implementation and methods used for detrrmining external radiation dose personnel into the controlled access n rmally used to gain access to the rat:s of irradiated reactor fuel; and (ii) areas required in paragraphs (d)(1) and special nuclear material located in the (d)(2) cf this section.To accomplish this reactor core or storage pool.
implement the approved physical the physical protection system must:
(iv) Assure that a single adversary -
srcurity plan submitted pursuant to (i) Allow use and storage of the action is not capable of preventing the pungraph (c)(3)(1) of this section no material only within controlled access communication of detection information later than 240 days after the date these areas encompassed by physical barriers. from the controlled access areas to the emendments become effective or within (ii) Locate the controlled access areas onsite response forces, and 30 drys after this plan is approved, within a protected area having separate (5) Prevent unauthorized removal of whichever is later.
and distinct physical barriers from the formula quantities of strategic special i
controlled access areas, nuclear material from the controlled (h) Requirements for nonpower (iii) Provide access controls for the access areas.To accomplish this the reactor licensees authorized to possess protected area similar to those required physical protection system must:
formula fluentities of strategic special for controlled access areas in (i) Provide barriers at the controlled nuclear material.
paragraphs (d)(4), (d)(57. (d)(6) and (d)(7) acces prea boundaries to deter and (1) Each nonpower reactor licensee of this section.
delay tne unauthorized removal of the cuthorized to possess, at any site or (iv) Provide access controls le material at o*her than attended contiguous sites subject to control by the controlled access areas,in addition to controlled access area exit control licensee, a formula quantity cf strategic those required in paragraphs (d)(4).
i points.
special nuclear materiel shall establish (d)(5),(d)(6), and (d)(7) of this sectian, to' (ii) Detect attempts at unauthorized end maintain a physical protection assure that when contrcUed access removal of strategic special nuclear system meeting the requirements of areas are occupied, at least two nmterial at attended controlled access pirrgraphs (a) and (d) of this section.
authorized individuals are present and area exit control points through the use TUuring any period when-the amount of - ' that a third authorized individual ha~s - ~ bf personnel, vehicle, and package exit str:tigic special nuclear material knowledge of thdr presence in the searches, as appropriate, capable of poss:ssed equals or exceeds a formula controlled roccess area.
detecting the presence of concealed quIntity. not including Irradiated (v) Store the material only within special nuclear material.
strategic special nuclear material which controlled acc-se areas which are (6) Provide a response capability to is rot readily separable from other controlled separately from areas where assure that the requirements of r:dioactive material, and which has a the materialis used. or within a paragraphs (h)(1) through (h)(3) of this tit:1 external radiatioti dose rate in separately controlled locked section can be achieved. To accomplish cxc;ss of 100 rems per hour at a compartment within a controlled access this the physical protection system must:
distince of 3 feet from any accessible area where the materialis used.
(i) Assure that the response time of surfice withcut intervening shielding.
(4) Detect unauthorized activities end offrite response foices is less than the ttre physical protection system also must conditie: s within the protected area and minimum time required for an adversary
e 46338 Federal Register / Vol. 46 Nr.181/ Frid:y, Sept:mber 18, 1981 / Proposed Rul;s I
e to remove a formula quantity of
'mtegic special nuclear material from the reactor core and storsge.
(ii) Assure that a single adversary
~ nction cannot destroy the capability of the security organization to notify offsite response forces of the need for assistance.
(7) Notify the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Office listed in Appendix A by telephone at least 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in advance of the time the licensee expects to possess a formula quantity of nonexempt strategic special nuclear material exclusive of the type of irradiated material described in paragraph (h)(i)of this section.
(8) Include procedures in the physical protection system to assure that intrusion alarms, physical barriers, and other devices used for material protection pursuant to the requirements of this section are:
(i) Available for use in operable condition when required, and (ii) Inspected and tested for operability and required functional performance immediately before and during periods they are required to be in use.
- 9. 'Ilie introductory text and paragraph (c) of $ 73.70 are revised to read as follows:
673.70 Records.
Each licensee subject to provisions of I $ 73.20, 73.25, 73.26, 7347, 73.45, 73.46, 73.55, or 73.67(h) shall keep the following records:
(c) A register of visitors, vendors, and other individuals not employed by the lice'isce pursuant to il 73.46(d)(10),
73 SS(d)(6), or 73.67(h).
Dated at Washington, D C. this 14th day of September 1981.
For the Nuclear Regulatory Commission.
Samuel J. Chilk, Secretaryof the Commission.
(llt Doc. s14'2:s Filed s-17-e1. a es am)
BILLIIeG CODE 7590 41-40 ao f
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