ML20044C480
| ML20044C480 | |
| Person / Time | |
|---|---|
| Issue date: | 03/09/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-57FR22670, RULE-PR-73 NUDOCS 9303230105 | |
| Download: ML20044C480 (8) | |
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NUCLEAR REGULATORY COMMISSION
'93 m218 F12 :C0 10 CFR Part 73 RIN: 3150-AE08 Clarification of Physical Protection Requirements at Fixed Sites AGENCY: Nuclear Regulatory Comission.
ACTION: Final rule.
SUMMARY
The Nuclear Regulatory Comission is amending its general physical protection requirements for fixed sites.
This action is necessary to clarify the Comission's regulatory intent.
This amendment makes it clear that the Comission's regulations do not require protection against both radiological sabotage and theft of special nuclear material (SNM) at all facilities.
The Comission is also adding a requirement that nonpower reactor licensees, who operate at or above 2 megawatts thermal, protect against radiological sabotage where deemed necessary.
EFFECTIVE DATE:
[30 days after publication in the Federal Register)
ADDRESSES: The final regulatory analysis and environmental assessment for the rule is available for inspection at the NRC Public Document Room, 2120'l Street NW. (Lower Level), Washington, DC.
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FOR FURTHER INFORMATION CONTACT: Dr. Sandra D. Frattali, Division of Regulatory Applications. Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington,- DC 20555, telephone (301) 492-3773.
SUPPLEMENTARY INFORMATION:
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Background
i The Commission is concerned that its regulations regarding physical protection requirements could be interpreted as requiring protection'against both radiological sabotage and theft of special nuclear material at all fixed sites. The Commission is clarifying the language of the current rule to prevent this interpretation.
Additionally, the Commission.is concerned that.
for some nonpower reactors authorized to operate at or above 2 megawatts thermal, the possibility of sabotage' leading to a significant radiological release, though remote, should not be discounted.
The_ Commission has decided i
to add a requirement to its regulations to address this issue.
The Commission published a proposed rule in the Federal Register on May 29, 1992 (57 FR 22670), to address these concerns.
The proposed rule clarified the physical protection requirements at fixed sites by amending the wording of f 73.40 to make it clear that if a licensee satisfies the specific requirements.in Part-73 that apply to its specific class of facility, material, or activity, then.
the general need for physical protection is satisfied.- The p-oposed rule also added an explicit requirement to 173.60 for protection against radiologicall sabotage where deemed necessary.
It should be noted that1those nonpower l
reactor licensees currently operating at or above 2 megawatts thermal, who
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have been identified as cossibly being vulnerable to radiologics'l sabotage, i
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F are voluntarily implementing additional measures to provide physical
- rotection against radiological sabotage.
The 75-day public ccmment period expired on August 12, 1992. -One comment was received.
Public Comment on the Proposed Rule The commenter supported the proposed rule. There are no changes in the regulatory requirements of this final rule from those published as the proposed rule.
In addition, the commenter interpreted the proposed rule to Tean that if the physical protection system for a uranium enrichment facility that possessed only special nuclear material of low strategic significance satisfied the requirements of 96 73.67(a),(f),and (g), then the requirements; I
of f 73.40 would be satisfied.
The Commission agrees that this interpretation is correct.
There was no public comment on the amendment to 6 73.60 requiring additional protection for nonpower reactors.
This rule is issued pursuant tu Sections 161(b) and (i) of the Atomic Energy Act of 1954, as amended.
Finding of No Significant Environmental Impact: Availability r
The Commission has determined under the National Environmental Policy!
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- ct of 1969, as amended, and the Commission's regulations in Subpart A of 1
'O CFR'Part 51, that this rule is not a majorTFederal action significa'ntly' affecting the quality of the human environment and, therefore, an environmental impact statement is not recuired.
The amendment to.1 73.40
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clarifies that the Commission's regulations do not require protection against l
Sth raciological sabotage ano theft of special nuclear material at.a_l].
facilities, which simply codifies existing NRC practice.
Conseouently, no environmental impacts are associated with this amendment.
The amendment to 173.60 requires certain nonpower reactor licensees, who operate at or above 2 megawatts thermal, to protect against radiological sabotage where deemed necessary.
Facilities affected by the amendment to B 73.60 are already voluntarily implementing this requirement, and therefore, no consequences to the environment will occur due to this rulemaking.
The amendment to 5 73.60 also recuires future nonpower reactor licensees to provide physical protection against radiological sabotage if an analysis of the reactor's characteristics and fuel used therein indicates that such protection is necessary. For a future licensee, any environmental impacts associated with this requirement will be included in the Environmental Impact Statement prepared in support of that 14 rse application.
The environmental assessment and finding of no significant impact on which this determination is based is available for
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inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
Single copies are available from Dr. Sandra D. Frattali, Division of Regulatory Applications, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission. Washington, DC 20555. teleenone (301) 292-3773.
Paperwork Reduction Act Statement This final rule contains no new or amended information collection i
recuirs ents and therefore is not subject to the requirements cf *.he. Paperwork
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1 Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
Existing requirements were approved by the Office of Management and Budget, approval number-3150-0002.
Regulatory Analysis The Commission has prepared a regulatory analysis for this final regulation. The analysis examines the costs and' benefits of the alternatives.
considered by the Commission.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Single copies of the analysis may be obtained from Dr. Sandra D. Frattali, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 492-3773.
Regulatory Flexibility Act Certification In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that this rule. does not have -
f a significant economic impact on a substantial number of small entities, There is no economic impact on any current or future licensee except for certain nonpower reactor licensees.
However, nonpower reactor licensees do not f all within the scope of "small entities" set forth in Section 601(3) of the Regulatory Flexibility Act,15 U.S.C. 632, or the Small Business Size-Standards set out in regulations issued by the Small Business Administration in 13 CFR Part 121.
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Backfit Analysis l
The Commission has determined that the backfit rule, 10 CFR 50.109, does l
not apply to this final rule because the amencment to 6 73.40 does not impose requirements on existing nuclear power reactor licensees, and the amendment to l
E 73.60 applies only to nonpower reactors. Therefore, a backfit analysis was not prepared for this final rule.
i List of Subjects in 10 CFR Part 73 t
Part 73 - Criminal Penalties, Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
j For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1"74, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following~
i amendments to 10 CFR Part 73.
l PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1.
The authority citation for Part 73 continues to read as follows:
j AUTHORITY:
Secs. 53. 161, 68 Stat. 930. 948, as amended. sec. 147, j
94 Stat. 780 (42 U.S.C. 2073. 2167, 2201); sec. 201, as amended.-204, 88 Stat. 1242, as amended. 1245 (42 U.S.C. 5341, 5844).
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Section 73.1 also issued under secs. 135, 141, Pub. L.97-425,
'96 Stat. 2232, 2241 (42 U.S.C.10155,10161).
Section 73.37(f) also issued under sec. 301, Pub. L.95-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.57 is issued under sec. 606, Pub. L.99-399,100 Stat. 876 (42 U.S.C. 2169).
2.
Section 73.40 is revised to read as follows:
I 73.40 Physical protection:
General requirements at fixed sites.
Each licensee shall provide physical protection at a fixed site, or crntiguous sites where licensed activities are conducted, against radiological sabotage, or against theft of special nuclear material, or against both, in.
I accordance with the applicable sections of this Part for each specific class.
of facility or material license.
If applicable, the licensee shall establish and maintain physical security in accordance with security plans approved by
- 7 the Nuclear Regulatory Commission.
3.
In 6 73.60, the section heading is revised and paragraph (f) is j
added to read as follows:
r 173.60 Additional requirements for physical protection at nonpower reactors.
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(f)
In addition to the fixed-site requirements set forth in-this 1
d section and in 6 73.67. the Commission may require, depending on the
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. individual facility and site conditions, any alternate or additional measures
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s deemed necessary to protect against radiological sabotage at nonpower reactors iicenseo to operate at or above a power le e of 2 megawatts thermal.
Dated at Rockville, Maryland, this day of
, 1993.
For the Nuclear Regulatory Commission.
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Sainuel J. Chilk, Secretary of the Commission.
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