ML20045A984
| ML20045A984 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML20045A979 | List: |
| References | |
| FRN-57FR49656, RULE-PR-73, RULE-PR-74 CCS, NUDOCS 9306160022 | |
| Download: ML20045A984 (6) | |
Text
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 73 and 74 RIN 3150 - AE27 Licensees' Announcements of Safeguards Inspections AGENCY: Nuclear Regulatory Comission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Comission is amending its regulations i
concerning safeguards inspections at facilities that possess a formula quantity of strategic special nuclear material in unirradiated form. The purpose of the rule is to ensure that the presence of NRC safeguards inspectors at affected facilities is not announced nor widely comunicated to licensee and contractor personnel without the expressed request to do sa by the safeguards inspector. The rule will increase the effectiveness of unannounced safeguards inspections and enable a safeguards inspector to obtain a more accurate view of operations at the facility.
EFFECTIVE DATE: (30 days after publication in the Federal Reaister).
FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, Office of Nuclear Material Safety ac.1 Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301)' 504-2478.
1 SUPPLEMENTARY INFORMATION:
Background
The Comission is concerned that the effectiveness of unannounced safeguards inspections at certain facilities required to maintain safeguards j
may be diminished by the announ:ement or other comunication of the l
9306160022 930520 3
PDR PR A
73 57FR49656 PDR U
presence of a safeguards inspector on-site, without the expressed request of the safeguards inspector. On November 3,1992 (57 FR 49656), the Commission published a proposed rule that would prohibit a licensee or its contractors from using an access control measure or other means to intentionally give notice to other persons of the arrival or presence of an NRC safeguards inspector at facilities possessing a formula quantity of strategic special nuclear material in unirradiated form. Similar requirements are in place for power reactor sites as required by 10 CFR 50.70(b)(4).
Safeguards inspections are comprised of material control and accounting i
inspections, and physical security inspections. The proposed rule was limited to safeguards inspections due to the expediency by which most safeguards degradation can typically be compensated for after the announcement of the presence of an NRC safeguards inspector,'such as, by the _ posting of a security officer. The proposed amendment would impose only procedural changes and is expected to have no economic impact on affected licensees or the public.
Violation of these rules may subject a person to the criminal penalties in section 223 of the Atomic Energy Act of 1954, as amended. Notwithstanding, the Commission reiterates the position stated in the notice of proposed P
rulemaking regarding enforcement action.
As the NRC said when it promulgated 10 CFR 50.70(b)(4), which prohibits nuclear power reac*,0r licensees from communicating the arrival or presence of an NRC inspector unless asked to do so by the inspector:
l Recognizing the possibility of inadvertent communication of an inspector's presence, the NRC expects to reserve' i
enforcement action [only] for significant intentional' violations of the [ prohibition]. An honest response by an employee to an innocent inquiry that he [or] she just saw an NRC inspector is not. [ proscribed by] the rule. -
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b Therefore, an employee would not be required to lie, in response to a question, about the jresence of an NRC inspector.
(53 FR 42940; October 25,1988).
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Similarly, the NRC recognizes the possibility that some communication of an inspector's presence may even be necessary on occasion. For instance, the persor directly in charge of an area being inspected may need to inform certain other people, perhaps higher-level managers, that, because of the inspection, he or she cannot attend a previously scheduled meeting. An employee would not be required by the rule to cancel previous engagements without giving timely and sufficient reason.
Public Comment on the Proposed Rule i
The 90-day public comment period for the rule expired on February 1, 1993. Affected licensees sent no comments or, the proposed amendment. One letter of comment was received from a concerned citizen. The concerned l
citizen recommended strengthening the rule to prohibit the announcement of inspections by anyone, not just the licensee, and cited what were considered to be general violations of the existing prohibition contained in 10 CFR 50.70 (b) (4). The Commission notes that the comment appears to focus on inspections P
at power reactor sites, as opposed to the facilities affected by the rule, that is, facilities possessing a formula quantity of strategic special nuclear 1
material in unirradiated form. Further, announced inspections are conducted as part of an overall inspection program. There are many occasions when it is proper and necessary that a licensee have advance notice of an inspection.
Notice of these inspections may be widely communicated. The Commission's regulatory authority for prohibiting the announcement of an inspection does not extend beyond its licensees and its own employees. The extension of this authority, as suggested by the comment, is not within the Commission's Federal f
mandate.
One change has been made to the rule's text published for comment. The i
Commission has clarified the text that describes those facilities affected by amendments to 10 CFR 74.81. No other changes have been made to the proposed i
rule.
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Environmental Impact: Categorical Exclusion The NRC has determined that inis amendment is the type of action I
described in categorical exclusion 10 CFR 55.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for the final rule.
t Paperwork Reduction Act Statement
-This final rule contains no new nor anended information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing l
requirements were approved by the Office of Management and Budget approval numbers 3150-002 and 3150-0123.
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.t Regulatory Analysis l
i This final rule will have no significant impact on State and local governments and geographical regions.
It may have an impact on health, f
safety, and the environment,-but only in the sense of preventing adverse impacts on health, safety, and the environment through more effective safeguards inspections at affected facilities. The final' rule makes it clear that NRC-safeguards inspectors are to have a realistic picture of the actual conditions at a site during the inspection process and, therefore, be better able to identify conditions and/or practices for corrective action, and to ensure that licensees comply with laws,. regulations, and orders administered by NRC. The final rule imposes procedural changes only on affected licensees at minimal or no cost. This constitutes the regulatory analysis for the final rule.
Regulatory Flexibility Act Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)),
the Commission certifies that this rule will not have a significant economic 4
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. impact on a substantial number of small entities. The final amendments will not impose significant cost on any affected licensees regardless of size.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule because affected facilities are not licensed under 10 CFR Part 50 and, therefore, a backfit analysis is not required.
This final rule affects only those facilities that possess a formula quantity of strategic special nuclear material in unirradiated form and imposes only procedural changes at r:ntaal or no cost to the licensee.
i List of Subjects l
10 CFR Part 73 - Criminal penalties, Hazardous materials -
transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 74 - Accounting, Criminal penalties, Hazardous materials -
transportation, Material control and accounting, Nuclear materials, Packaginn and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.
For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is. adopting the following amendments.
Part 73 - PHYSICAL PROTECTION OF PLANTE AND MATERIAL
- 1. The authority citation for Part 73 continues to read as follows:
AUTHORITY: Secs. 53,161, 68 Stat. 930, 948,- as amended, sec. 147, 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. 5841, 5844).
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.
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' 301, Pub. L.96-295, 94 Stat. 789 (42 'v...C. 5841 note). Section 73.57 is issued under sec. 606, Pub.L.99-399,100 Stat. 876 (42 U.S.C. 2169).
- 2. In 673.46, paragraph (d)(15) is added to read as follows:
f73.46. Fixed site physical protection systems, subsystems, components, and procedures.
(d)
(15) The licensee may not announce or otherwise communicate to its employees or site contractors the arrival or presence of an NRC safeguards inspector unless soecifically requested to do so by the NRC safeguards inspector.
Part 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL
- 3. The authority citation for Part 74 continues to read as follows:
AUTHORITY: Secs. 53, 57,161,182,183, 68 Stat. 930, 932, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2073, 2077, 2201, 2232, 2233, 2282); secs. 201, as amended 202, 206, 88 Stat. 1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846).
- 4. In f74.81, paragraph (d) is added to read as follows:
674.81 Inspections.
(d) At a facility using and possessing a formula quantity of strategic special nuclear material in unirradiated form, the licensee may not announce or otherwise communicate to its employees or site contractors the arrival or presence of an NRC safeguards inspector unless specifically requested to do so by the safeguards inspector, d
Dated at Rockville, MD this
/7 day of May 1993.
F r the Nucl r Regulatory Commission.
k GA Samuel J. Chil <,
~
Secretary of t e Commission 6
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