ML20045E158
| ML20045E158 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/1991 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Bernero R, Halman E, Murley T NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-009, AD3-2-9, NUDOCS 9307010193 | |
| Download: ML20045E158 (25) | |
Text
{{#Wiki_filter:_ _ _ _ _ _ _ _ _ _ _ _ _ -. _ _ _ _ - - - - ghp3 2 A- /* M MAY 13 1991 MEMORANDUM FOR: Robert M. Bernero, Director, Office of Nuclear Material Safety and Safeguards i Thomas E. Murley, Director, Office of Nuclear Reactor Regulation Edward L. Halman, Acting Director, Office of Administration William C. Parler, General Counsel FROM: Eric S. Beckjord, Director, Office of Nuclear Regulatory Research i
SUBJECT:
OFFICE CONCURRENCE REQUEST: FINAL RULEMAKING Attached for your concurrence is the final rulemaking on Minor Amendments to the Physical Protection Requirements for special nuclear material. The Amendments are applicable to regulations in 10 CFR Parts 70, 72, 73, and 75. The following applies to this concurrence request: 1.
Title:
Minor Amendments to the Physical Protection Requirements." 2. RES Task Leader: -Stanley P. Turel (X-23739; MS-NL/S-129). 3. Cognizant Individuals: ADM/RPB - M. Lesar OGC - R. Fonner, S. Treby NMSS/SGTR - P. Dwyer NRR/PMAS - F. Gillespie NRR/RSGB - P. McKee 4. Requested Action: Review and concur. 5. Requested Completion Date: May 28, 1991 0141881 Sigma nj Mmla P, spesa Fric S. Beckjord, Director RJffice of Nuclear Regulatory Research \\ d'p#)
Attachment:
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\\ [7590-01] s t r NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75' i-RIN: 3150-AD03 Minor Amendments to the Physical Protection Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations-that_ cover the physical protection of special nuclear material. These amendments will (1) add definitions for common terms not currently defined but.
frequently used, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording _that'is susceptible to differing interpretations, (5) correct' typographical errors, and (6) make other minor changes. The ' amendments _ are the result of a systematic review of NRC's-safeguards regulations. EFFECTIVE DATE: [ Insert a date thirty days after publication in the Federal Register.] FOR FURTHER INFORMATION CONTACT: Stanley P. Turel, Regulation Development Branch, Division of Regulatory Applications, Office of Nuclear Regulatory ] Research, U.S. Nuclear Regulatory Commission, Washington,' DC 20555, Telephone j -(301)'492-3739, or Priscilla Dwyer, Domestic' Safeguards n' t. in S oni;;ht - l Branch, Division of Safeguards and Transportation, Office'of Nuclear Material 1 Enclosure
[7590-01]. Safety and. Safeguards, U.S. Nuclear Regulatory Commission, Washington, 'DC 20555, Telephone (301) 492-0478. SUPPLEMENTARY INFORMATION: The NRC Safeguards Interoffice Review Group has been conducting a-systematic' review of the Agency's safeguards regulations and guidance _ documents to identify areas in the regulations that are out of data, inconsistent, or susceptible to differing interpretations. In doing so, the review group has. J also identified other areas in the regulations where minor changes are warranted. The NRC published in-the Federal Register on August 15, 1989 (54 FR: 33570), proposed amendments consisting of minor corrections and changes to its regulations identified by the review group that cover the physical protection j of special nuclear material. The comment period ended on September 29,_1989. The proposed changes are summarized here with a brief discussion. 1. The substance of paragraphs (b), (c), and (d) of 10 CFR 73.40 is moved to Appendix C to 10 CFR Part 73 and combined with'the safeguards contingency plan specifications already there. The requirement for having a safeguards contingency plan is included in each of the sections of the regulations covering security requirements for the specific class of affected licensees-(5s.73.2 0, 73.25, 73.26, 73.40, 73.46,-73.55, 73.60). k, 2. Definitions of the commonly used terms Category 1, Category II, and Category III are added for reference purposes to-existing definitions in the definitions sections of 10 CFR Parts 70 and 73.. A Category I quantity of material, if unirradiated,'is equivalent to a-formula quantity; a Category II quantity of material, if unitradiated, is equivalent to special nuclear material of moderate strategic significance; and a Category III quantity of material, if unirradiated, is equivalent to special nuclear material of low strategic significance. The current regulations do not-include these category designations, although they are frequently used, particularly in international safeguards, and appear in some NRC documents. To avoid possible confusion, definitions of these terms are being added to the definitions.in parts 70 and 73. 2 Enclosure
f, ' y deknN d-$rnhon r v kA ~% wurcl %%kr " '9 has lxen dolele hcm 4 +wsse n,,, g[9Q r t co ntrcudor $4 c u ve I mcwt ws,.a " Wa%c, m & tositt nce a (ca trat+tc L muswrs a M c c m..d tt e d r 'i n a hccnyz% t m 3. Inconsistencies among the general auditing requirements for the ,p safeguards contingency plans and physical security programs of Category I \\ transportation and fuel cycle licensees are being removed. 1 i The record retention period for results of audits is being made at three years. Inconsistencies in both the content of audits and resultant actions are being eliminated. 4. An inadvertently omitted sentence that addresses access to vital areas at power reactors is being reinserted into paragraph 73.55(d)(7) to ensure that f no erroneous views are held by licensees that the deletion of the sentence was a " signal" that vital areas could be " opened up" to "public sightseeing tours" or "open house visits" without close licensee oversight. Proper control over access to vital areas is already reflected in the security plans of licensees. Moreover, the specific wording being reinserted was contained in 10 CFR Part 73 for a number of years precedine 1986. Correcting this inadvertent omission does not signal any change in Commission policy or practice in this regard. 5. A definition for the term " contiguous sites" is added to 10 CFR Parts 70 and 73. s-def-inition-of the ter-has beer modi # icd from thet presented in the nrnnosed rule to clienste e pun ible misunderstending that the--licensee ennt setcr's securi ty measu Action dates wnnld nnt hs responsihin fnr ite / that have passed are eliminated. The outdated term " industrial sabotage" is being replaced by the current term " radiological sabotage." Incorrect references to parts of the regulations that have been moved or deleted are being corrected. Paragraph designations in references in other parts of the regulations to definitions in 970.4 are removed because those designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051). Several areas in the regulations are clarified where the wording was susceptible to differing interpretations. The notification requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness is revised to require that the original be sent to the NRC head-quarters office with a copy to the regional office instead of vice versa. Finally, several typographical errors are corrected.
SUMMARY
OF PUBLIC COMMENTS Letters of comment were received from three respondents: two from nuclear power plant licensees and one from NUMARC, an umbrella organization of the 3 Enclosure
k .x ~ [7590-01]. g A nuclear power industry whose membership includes every utility responsible for - constructing.or' operating'a commercial nuclear power plant in the United States. Copies of comment letters are available for public inspection and, copying for a fee at the NRC Public Document Room at.2120 L Street NW., Lower Level,' Washington, DC. All three commenters addressed only the amendment that would restore the inadvertently omitted sentence in paragraph 73.55 (d), Access Requirements. This sentence follows the requirement in paragraph 73.55 (d)(7)(i)'that the licensee " Establish an access authorization system to limit unescorted access - to vital areas during nonemergency conditions to individuals who require' access; in order to perform their duties." It reads: " Access to vital areas for the-purpose of general familiarization and other nonwork-related activities may not-be authorized except for-good cause shown to the licensee." One commenter stated that the restrictions [ presumably made explicit by the ' inserted' sentence] should be withdrawn to allow tours with the provision of_ appropriate security measures to ensure plant safety...and that This change would. limit' access to nuclear plant vital areas even when under escort." A second-- .commenter' asserted that the inserted sentence "needs clarification." The third' commenter stated that it would-be beneficial if a definition of " good cause" were provided by the Commission in the-rule and if additional guidance were provided as to what constitutes nonwork-related activities. With regard to the first comment, item 5 of the Supplementary Information published-with the proposed rule,. stated that the inadvertent omission of. the subject sentence should not be construed as a "' signal' that vital areas could be ' opened up' to 'public sightseeing tours' or 'open house visits' without close licensee oversight" [ emphasis added]. With regard to the second' comment, further.on in the supplementary information of the proposed rule, the. NRC notes that " Licensees are assigned the responsibility for making final vital area access decisions in accord with the past practices.and provisions under the approved security plans." Hence, the NRC believes the sentence to be clear..With regard to the. third comment, the NRC believes that " good cause" and "nonwork-related activities" are not new terms,'having appeared in 5 73.55 before the sentence wa's dropped, s t~- - 9A & ~ M w/ V a _ pe g a. Y 4-Enclosure
_[7590-01] Environmental Impact: Categorical Exclusion L The NRC has determined that this final rule is the type of action described in the categorical exclusion in paragraph 51.22(c)(2)~ of 10 CFR Part
- 51. Therefore, neither an environmental impact statement nor an environmental-assessment has been prepared for this regulation.
Paperwork Reduction Act Statement I This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et l' seq.). Existing requirements were approved under the Office of Management-and Budget-approval number 3150-0009 for Part 70, approval nmber 3150-0132 for e l Part 72, approval number 3150-0002 for Part 73, and approval number 3150-0055-for Part 75. Regulatory Analysis These minor amendments impose no.new' restrictions or requirement;,,'and therefore, have no significant impact. Accordingly, a regulatory analysis _is not considered necessary. l Regulatory Flexibility Certification =l 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 impact on a-substantial number of small entities. The amendments as . promulgated are very minor in. nature and care has been taken to ensure that the impact on any licensee is minimal. In the matter of reporting certain changes to the, security program, the amendments merely reverse who receives the original and who' receives the copy. The other changes are of an administrative . nature and therefore do not alter the' current implementation'of the regulations: by a licensee. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does'not apply'to'this final rule. 'A possible exception is the. amendment _to paragraph. 5 Enclosure.
b r7 '[7590-01] -73.55(d)(7.), which restores a sentence-that had been' inadvertently dropped in an amendment-to the regulations published August 4, 1986 (51 FR:27817). A; backfit analysis published with the' proposed rule on August 19, 1989 (54 FR 233570) concluded that the restoration of this sentence would have'an'insignifi : cant effect on licensees, the NRC, the public; and facilities employees. List of Subjects in 10 CFR Parts 70, 72, 73, and 75: Part 70 - Hazardous materials - transportation, Nuclear materials, Packaging: and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel. Part:73 - Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors,. Penalty, Reporting and recordkeeping requirements, Security measures. Part 75 - Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping-requirements, Security-measures. 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 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting ths 'ollowing amendments to 10 CFR Parts 70, 72, 73, and 75. PART 70 -- DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL 1. The authority citation for Part 70 continues 'to read as follows: Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953,=954', as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073,'2201, 6 Enclosure
e [7590-01] 2232, 2282); secs. 201, as amended, 202, 204,-206, 88 Stat. 1242, as-amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846)'. Sections 70.1 (c) and 70.20a'(b) also issued under secs. 135, 141, Pub..L.- i 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,~10161). Section 70.7.also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951-(42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section-70.31 also issued under sec. 57d, Pub. L. 93-377,,88-Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued'under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued'under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); ss 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24 (a) and (b), j i 70.32(a)(3),(5),(6),(d),and(i),70.36,70.39(b)and(c),70.41(a),70.42(a) and(c),70.56,70.57(b),(c),and(d),70.58(a)-(g)(3),and(h)-(j)are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 95 70.7, 70.20a(a)and(d),70.20b(c)and(e),70.21(c),70.24(b),70.32(a)(6),L(c), (d),.(e),and(g), 70.36, 70.51 (c)-(g),-70.56, 70.57 (b) and (d), and 70.58 (a)-{g)(3) and (h)-(j) are issued under sec. 161i, 68 Stat. 949, as amended-(42 j U.S.C. 2201(i)); and 59 70.5,-70.9, 70.20b (d) and (e), 70.38, 70.51 (b) and (1), 70.52, 70.53, 70.54, 70.55, 70.58 (g)(4), -(k) and (1), 70.59, and 70.60 - (b)and(c)areissuedundersec. 1610,.68~ Stat. 950, as amended (42 U.S.C. 2201(o)). 2. Section 70.4 is amended by adding a definition for " Contiguous sites" in proper alphabetical sequence, revising the definition of " Formula _ quantity," revising paragraph (2) of the definition " Plutonium processing and fuel fabrication plant," revising paragraph (1) of the definition "Special nuclear material of low strategic significance", and revising the definition of "Special nuclear material of moderate strategic significance" to read as follows: 0.70'4 Definitions. " Contiguous. sites" meansglocations subject tc the centrol Of a 'iccata, in close proximity to each other, and for the persc :icn, ucc, er stcrage of. 3 7 Enclosure-
= { [7590-01] t - specia' =clem wob:ric+ where the licensee's-same security measures or organizational elements,. including the alarm station and response personnel, .are used to provide the capabilities necessary to. satisfy applicable security requirements. " Formula quantity" means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams = (grams contained U-235) + 2.5 (grams U-233 + grams plutonium). In unirradiated form this class of material is sometimes referred to as a Category I quantity of material. " Plutonium processing and fuel fabrication plant" *** (2) research and development activities involving any of the operations described in paragraph (1) of this definition except for research and development activities utilizing unsubstantial amounts of plutonium. "Special nuclear material of low strategic significance" means: (1) Less than an amount of special nuclear material of moderate-strategic significance as defined in paragraph (1) of the definition of. strategic nuclear material of moderate strategic significance in this section, but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more in U-235 isotope) or 15 grams of uranium-233 or 15 grams of plutonium or. the combination of 15 grams when computed bythe equation, grams = (grams contained U-235) + (grams plutomium) + (grams U-233);'or (2) Less than 10,000 grams but more than 1000 grams of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope); or (3)10,000 grams or more of uranium-235 contained in uranium enriched abovenaturalbutlessthan10percentintheU-235 Isotope.knunirradiated form this class of material is sometimes referred to as a Category III quantity of material. 1 8 Enclosure i
b. p [7590-01]_ "Special nuclear material of moderate strategic significance" means: (1) Less than a formula quantity of strategic special nuclear material but more than 1000 grams of uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope) or more than.500 grams of uranium-233 or plutonium or in a combined quantity of more than 1000 grams'when computed by the equation, grams =(grams contained U-235)+2(grams U-233+ grams plutonium); or: (2)10,000 grams or more of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope). @ n a unirradiated form this class of material is sometimes-referred to as a Category 11 quantity of material. 3. In $70.19, paragraph (a)(2) is revised to read as follows: 970.19 General license for calibration or reference sources. (a) l (2) Any Government agency as defined in 570.4 that holds a specific license issued by the Commission or the Atomic Energy Commission that l authorizes' it to receive, possess, use, and transfer byproduct material, source material,-or special nuclear material; and 4 In $70.22, paragraphs (h)(1) and (k) are revised to read as follows: 6 70.22 Contents of applications. (h)(1) Each application for a license to posse'ss or use at any site or contiguous sites subject to control by the licensee a formula quantity of j strategic special nuclear material as defined under 670.4 other than a license. for possession or use of this material in.the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, must include a. physical security plan consisting of two parts. Part I must address vital equipment, vital j areas, and isolation zones and must demonstrate how the applicant plans to meet the requirements of 56 73.20, 73.40, 73.45, 73.46, 73.50, 73.70, and 73.71 of this chapter in the conduct of the' activity to be licensed, including the identification and description of jobs as. required by. paragraph 11.11(a) of i 9 Enclosure
] g [7590-01]' this chapter. Part II must list tests, inspections, and other means to -demonstrate compliance with such requirements. ( k) Each application for a license-to possess or use at any site or contiguous sites subject to control by the licensee special nuclear material-of-moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under S 70.4, other than a license for possession or use of this material in the operation of a nuclear power reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan that demonstrates how the applicant plans to meet the requirements of paragraphs (d) (e), (f), and (9), as appropriate, of 9 73.67 of this chapter. The licensee shall retain a copy of this physical security plan as a record for the period during which the licensee' possesses the appropriate type and quantity of special nuclear material requiring this record under each license and each change to the plan for three years after the change. l 5. In 5 70.32, paragraph (c)(3) is removed and paragraph (g) is revised to read as follows: j $ 70.32 Conditions of licenses. (g) The licensee'shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C to Part 73 of this chapter for-bringing about the actions and decisions contained'in the Responsibility Matrix of its safeguards contingency plan. The licensee shall retain a copy of-the safeguards contingency plan procedures as a record for the period during which the licensee possesses the appropriate type and quantity of special nuclear material requiring this.. record under each license'for which -the procedures were developed and each change to the plan for three years from the effective date of the change. The licensee may not make a change that would decrease the safeguards effectiveness of the first four categories of information (Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix) contained in any licensee safeguards contingency plan prepared pursuant to paragraphs 70.22(g), 70.22(j), 72.134, 73.20(c), 73.26(e)(1), 73.46(h)(1), or 73.50(g)(1) of this chapter without the prior approval of the Commission. A ' licensee desiring to make such a change shall submit an application for an-1 10 Enclosure q
t. [7590-01] g ~ amendment to its. license pursuant to @ 70.34. The licensee may make_ changes to l-the licensee safeguards contingency plan without' prior Commission approval"if the changes do not decrease the safegtiards effectiveness-of the plan. The-licensee shall maintain each change to the plan made without prior approval as a record during the period for which possession'of a formula' quantity:of special nuclear material is authorized under a license and retain the superseded material for three years from the effective date.of the change and shall furnish a report containing a description of each change within 60 days .] after the change is made to the Director of Nuclear-Material Safety and [ Safeguards, with a copy to the Regional Administrator of the appropriate NRC l Regional Office as specified in Appendix A to Part 73 of this chapter. PART 72 -- LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 6. The authority citation for Part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073,.2077,'2092, 2093, 2095, 2099, 2111, 2201, 2232, 2234,.2236, 2237, 2238, 2282)'; sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.:5841,. 5842,_5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs.131,132,133,135,137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241,-sec. 148, Pub. L.- 100-203,-101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161,10168). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. -100-203, 101 Stat. 1330-232, 1330-236 (42_U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also-issued under sec. 189, 68, Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issuedundersec.145(g), Pub.L.100-203, 101 Stat.1330-235 (42 U.S.C. 10165(g)). Subpart-J also issued under secs. 2(2),2(15),2(19),117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101,10137(a),10161(h)). 11 Enclosure
V. [7590-01] ~ 4 For the purposes of sec.-223, 68 Stat. 958, as amended (42 U.S.C. 2273);; f L '9972.6,72.22,72.24,72.26,72.28(d),72.30,.72.32,.72.44(a),;(b)(1),(4), ~ ' {5), (c), (d)(1),: (2), (e), (f), 72.48(a), 72.50(a), 72.52(b), 72.72(b), _ (c), 72. 2. O b) (c 14 7 5 2 15 2 160 166 16 8,~ _ .f 72.170, 72.172, 72.176, 72.180, 72.184, 72.186, are issued'under sec. 161b, 68 l Stat. 948, as amended (42 U.S.C. 2201(b)); 95 72.10(a), (e), 72.22, 72.24, 72.26,72.28,72.30,72.32,72.44,(a),(b)(1),(4),(5),(c),(d)(1),(2),(e),- (f),72.48(a),72.50(a),72.52(b),72.90(a)-(d),-(f),72.92,'72.94,72.98, ~72.100,72.102(c),(d),(f),72.104,72.106,72.120,72.122,-72.124,72.12f,a i .72.128,72.130,72.140(b),(c),72.142,72.144.72.146,72.148,72.150,72.152, 1 72.154, 72.156, 72.158, 72.160, 7'2.162, 72.164, 72.166, 72.168, 72.170, 72.172,. 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under-sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and SS-_72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(b)(3), -(c)(5), (d)(3),(e),(#),72.48(b),(c),72.50(b),72.54(a),(b),(c),72.56,72.70, i 72.72,72.74(a),(b),72.76(a),72.78(a),72.80,72.82,'72.92(b),72'.94(b), 72.140(b),(c),(d),72.144(a),72.146,72.148,72.150,72.152,72.154(a), -l (b),' 72.156, 72.1_60, 72.162, 72.158, 72.170,.72.172, 72.174, 72.176, 72.180, l 72.184, 72.186, 72.192 are issued under sec. 1610, 68 Stat. 950, as amended-(42 i U.S.C.2201(o)). i 7. In s 72.184, paragraph (a) is revised to' read 'as follows: S 72.184 Safeguards contingency plan. i.j (a) The requirements of the licensee's safeguards contingency plan for i ~ ~ dealing with threats and radiological sabotage must be as defined in Appendix C j to Part 73 of this chapter..'This plan must include Background,~ Generic 1 Planning Base, Licensee Planning Base,'and: Responsibility Matrix, the first four categories ofLinformation relating to nuclear facilities licensed under Part 50 of this chapter. '(The fifth category of information, Procedures, does j nothavetobesubmittedforapproval.) +- PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIALS 12 ' Enclosure
~ n 9 [7590-01]l l t 8. 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); secs. 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. l 2232, 2241, (42 U.S.C. 10155, 10161). Section 73.37(f) is also issued under sec. 301, Pub. L. 96-295, 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). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); $9 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat. 948, as l amended (42 U.S.C. 2201(b)); $5 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 'l '73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 95 73.20(c)(1), 73.24(b)(1), l 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B), and (b), 73.55(h)(2) and (4)(iii)(B), 73.57, 73.70, 73.71, and 73.72 are issued under sec. 1610, 68 i Stat. 950, as amended (42 U.S.C. 2201(o)). i
- 9. Section 73.2 is amended by adding a definition for " Contiguous sites" in proper alphabetical sequence, and revising the definitions of " formula-qtfantity," "Special nuclear material of moderate strategic significance," and i
"Special nuclear material of low strategic significance" to read as follows: 6 73.2 Definitions. l " Contiguous sites" means locations subject to the control of a licensee,. i .A4 '\\ in close proximity to each other, and for the possession, use, or storage of 4 special nuclear material where the licensee's same security measures or organizational elements, including the alarm station and response personnel, L are used to provide the capabilities necessary to satisfy applicable security requirements. 'I " Formula quantity" means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams = (grams' contained U-235) + 2.5 (grams U-233 + grams plutonium). In i 13 Enclosure-
y.o, [7590-01] .-unirradiated form this ' class of material is sometimes referred to as a. Category; I quantity lof material. "Special nuclear material of low strategic significance" means: (1) Less than an amount of special nuclear mat'erial of moderate strategic significance as defined in paragraph (1) of the definition of strategic nuclear materia'l of moderate strategic significance in_this section, but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more.in' 1 U-235 isotope) or 15 grams of uranium-233 or 15 grams of: plutonium or the combination of 15 grams when computed by the equation, grams = (grams I contained U-235) + (grams plutonium) + (grams U-233); or (2) Less than 10,000 grams:but more.than 1000 grams'of uranium-235' (contained in eranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope); or (3) 10,000 grams or more of uranium-235 contained in uranium enriched above natural but less than 10 percent in the U-235 Isotope. In unirradiated form this class of material is sometimes referred to as a Category III quantity of material. j "Special nuclear material of moderate strategic significance" means: (1)' l Less than a formula quantity _of strategic special nuclear but more than 1000 grams of uranium-235 (contained in uranium enriched to 20 percent or more in-l ~' the U-235 isotope) or more than 500 grams of uranium-233-or plutonium or in a combined quantity of more than 1000 grams when computed.by the _ equation, grams = (grams contained U-235) + 2:(grams U-233 + grams. plutonium), or'(2)-10,000 grams or more of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope). In unirradiated form this class of material is sometimes referred.to'as a Category II quantity of material. -10. In 5 73.20, paragraph (b)(3) is redesignated as par graph (b)(4), a new paragraph.(b)(3) is added, and paragraphs (b)(2) and (c) are revised to read as'follows: '14 . Enclosure __l
[7590-01]: l5.73.20' General performance objective and requirements. -(b) *** (2) Is designed with sufficient redundancy and diversity to ensure. maintenance of the capabilities described in-Ss-73.25 and-73.45; (3) Includes 'a safeguards contingency capability that:can meet the criteria in Appendix C to this part " Licensee Safeguards Cont %gency Plans," and + l (c) Eachlicenseesubjecttotherequirementsofparagraphs(a)and-(b) _ l of this section shall establish, maintain, and follow NRC-approved safeguards physical protection and safeguards contingency plans that describe-how the-licensee will comply with'the requirements of paragraphs (a) and.(b) of this section. 11. In 5 73.26, paragraph (h)(6) is revised to read as follows: s 73.26 Transportation physical protection systems, ~ subsystems, components,- g and procedures. -(h) -Test and Maintenance Programs. *** (6) The transportation security program must be reviewed 'atileast every 12 months by_ individuals indepetdent.of both security program managementiand. personnel who have direct responsibility for implementation-of the security. program. The review must include a review and audit l of security: procedures and practices, an evaluation of the effectiveness of the physical protection system, an audit of the physical protection system testing and maintenance program, and an audit of commitments established for response.by_ local law- -enforcement authorities. The results of the review and the audit along with recommendations'for improvements and corrections must be documented, reported. p to the responsible organization management, and kept avai a.le for inspection' for a period of.three years. $73.40[ Amended]- 12. In 9 73.40, paragraphs (b), (c), and (d) including footnote 1, are removed. 15- . Enclosure-
t[7590-01] C y 1 13. In.5 73.46, paragraphs (g)(6) and (h)(1) are. revised to read as ~ follows: 9 73.46 Fixed site physical protection systems, subsystems, components, and - procedures. (g) Test and Maintenance Programs. *** (6) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program. The . review must include e review and audit of security procedures and practices an evaluation of the effectiveness of the physical-protection system, an audit of the physical protection system testing and maintenance program, and an audit of commitc r,ts established for response by local law enforcement authorities...The results of the review, audit, and evaluation along with recommendations for improvements and corrections, if any, must be documented'and-reported to the licensee's plant' management and to corporate management at least one level higher than that'having responsibility for.the day-to-day plant operations. The reports must be kept available at the plant for inspection for-a period of three years. (h) Contingency and response plans and procedures. (1) The licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related.to the strategic special nuclear material and nuclear facilities subject to the provisions of'this section. Safeguards contingency plans must be in accordance with the. criteria in Appendix C to this part " Licensee Safeguards Contingency-3 Plans." Contingency plans must include, but not be limited to, the response requirements in paragraphs (h)(2) through (h)(5) of this section. The licensee shall retain a copy of the current safeguards contingency plan as a record - until the Commission terminates' the license and, if any portion of the planjis superseded, retain the superseded material for three years after each change. 14. In 9 73.50, paragraphs (g)(1) and (h) are revised to read as follows: 9 73.50 Requirements for physical protection of licensed activities.
- l 16 Enclosure i
i
r [7590-01]' a (g) Response requirement. (1) The licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the special-nuclear material and nuclear facilities subject to the provisions of this section. Safeguards contingency plans must be in accordance with the criteria in Appendix C to this part "Licersee Safeguards Contingency Plans." The licensee 3 shall retain a copy of the current safeguards contingency plan and each change to the plan as a record until the Commission terminates the license and, if.any portion of the plan is superseded, retain the superseded material for three years after each change. (h) Each licensee shall establish, maintain, and follow an NRC-approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and qurlified to ensure that these individuals meet the requirements of paragraph (a)(4) of this section. 15. In 5 73.55, paragraphs (b)(4)(ii), (d)(7)(1) introductory text, (g)(4), and (h)(1) are revised to_ read as follows: 9 73.55 Requirements for physical protection of licensed activities ir6 nuclear power reactors against radiological sabotage. (b)*** (4)*** 9 ~(ii)Eachlicenseeshallestablish, maintain,andfollowanNRC-approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and qualified to ensure that these individuals meet the requirements.of this paragraph. 'The. licensee shall maintain a current copy of the training and qualifications' plan as a record until the Commission terminates the license for which the plan was ] developed and, if any portion of the plan is superseded, retain the material that is superseded for.three years after each change. The training and. qualifications plan must include a schedule to show how all security personnel j 17 Enclosure
[7590-011 will be qualified _ two years after the submitted plan is approved. The training and qualifications plan must be followed by the licensee 60 days after the submitted plan is approved by the NRC. (d) *** (7) (i) Establish an access authorization system to limit unescorted access to vital areas during nonemergency conditions to individuals who require access _- .in order to perform their duties. Access to vital areas for the purpose of general familiarization and other nonwork-related activities may not be authorized except for good cause shown to the licensee. To achieve this, the licensee must: (g) (4) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program.. The review must include a review and audit of' security procedures and practices, evaluation of the effectiveness of. the physical. protection system, 'anl audit of the physical protection " stem testing and maintenance program, and an: audit of esponse by local law enforcement authorities. The-commitments establist im results of the review s wi+ d evaluation along with recommendations for improvements and correction!, if any, must t e documented and reported to-the licensee's plant management u d to corporate management at least one level higher than that having responsibility for the day-to-day plant operation. The reports must be kept available at the plant for inspection for a period of ~.three years. (h) Response requirement..(1) The licensee shalll establish, maintain, and-follow an NRC-approved safeguards contingency plan for dealing with . threats, thefts, and radiological sabotage related to-the nuclear facilities' r subject to the provisions of this section..-Safeguards contingency plans must be in Tccordance with the criteria in Appendix C.to this partg' Licensee
- g Safeguards Contingency Plans."
l;
- 16. In G 73.60, _the introductory paragraph and paragraph (e) are revised
[ to read as follows: 18 Enclosure ~
r. [7590-01] 6-7'3.60 Additional requirements for the physical protection of special nuclear L material at'nonpower reactors. Each nonpower reactor licensee who,-pursuant to the requirements of Part 50, possesses at any site or contiguous sites subject to control.by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in'- the U-235 isotope), uranium-233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams C (grams contained U-235) + 2.5 (grams U-233 + grams plutonium), shall protect the special nuclear material from theft or diversion pursuant to the requirements of paragraphs 73.67(a), (b), (c), and (d) and this section, except that a licensee is exempt from the requiremen.ts of paragraphs (a), (b), (c), (d), and (e) of this section to the extent that it possesses or uses special' nuclear material that is not readily separable from other-radioactive material and that-has a total external radiation dose rate in excess of 100 rems per hour at a distance of three feet from any accessible surface without intervening shielding. (e) Response ' requirement. Each licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for dealing with threats, thefts, and. radiological sabotage related to tt' special nuclear material and nuclear facilities subject to the provisions of this section. Safeguards contingency plans must'be in accordance with the criteria in Appendix C to this part " Licensee Safeguards Contingency Plans." y 17. In s 73.67, the introductory text of paragraphs (c),'(d), and (f) and paragraph (c)(2) are revised to read as follows: 6 73;67 Licensee fixed site and in-transit requirements for the physical zprotect;on of special nuclear material of moderate and low strategic significance. (c) Each licensee.who possesses, uses,- transports, or delivers to a carrier for transport special nuclear material of moderate strategic sig-- nificance or 10 kg or more of special nuclear material of low strategic-significance shall: '19-Enclosure a
a, p y.. [7590-01]. 4 (2) Within -30' days after the plan submitt'ed pursuant to paragraph (c)(1)' i of this.section'is approved or when specified by the NRC in writing, implement' the approved security plan.- (d) Fixed site requirements for special nuclear material'of-moderate strategic significance. Each licensee.who. possesses,-stores, or uses I quantities and types of special nuclear material of moderate strategic, significance at.a fixed site or contiguous sites except'as~ allowed by; paragraph - (b)(2) of this section and.'except those who are licensed to' operate'a nuclear-i power reactor pursuant to Part 50, shall: (f) Fixed site requirements-for special nuclear material of-low strategic' significance. 'Each licensee who possesses, stores, or uses special.. nuclear material of low strategic significance at a fixed site or contiguousL sites, except.those who are licensed to operate a nuclear power reactor pursuant to Part 50, shall:
- 18. In 6 73.70, paragraph (c) is revised to read as follows:
kb73*NIS)b3-);7BS' N 7 $ 73.70 Records / (c) A reg ster of visitors, vendors, and other. individuals not employed by the licenseeA The licensee shall retain this register as a record for three years after the last entry is made_ in the register.
- 19. -In Appendix B to Part 73, the Introduction is revised to read
-[ . as follows: APPENDIX B - GENERk CRITERIA FOR SECURITY PERSONNEL . Introduction .1 Security ~ personnel who'are responsitile for the protection of special nuclear material on' site and in transit and for the protection:of the' facility r .or shipment vehicle against radiological sabotage should, like other elements of.the physical _ security system, be required to meet minimum criteria to ensure - 1 20 Enclosure'
[7590-01]- a that they will effecti.vely perform their assigned ' security-related job duties.. In order to ensure that those individuals responsible for security are properly -equipped and' qualified to execute'the job duties prescribed for them, the NRC l has? developed-general criteria that specify security personnel' qualification requirements. These general criteria establish requirements for the selection, training, equipping, testing, and qualification of individuals who will be responsible j for protecting special nuclear materials, nuclear facilities,.and nuclear shipments. When required to have security personnel ~that have been trained, equipped, and qualified to perform assigned security job duties in acc.ordance with thei p criteria in this appendix, the' licensee must establish, maintain, and follow a I plan that shows how the criteria will be met. The plan must be submitted to the~ NRC for appr~ oval. - The plan must be implemented within 30 days after' approval by the Commission unless otherwise specified by the Commission in writing. + + s e
- 20. In Appendix C to Part 73, the Introduction is revised and a new section on Audit and Review is added to read as follows:
l APPENDIX C -- LICENSEE SAFEGUARDS CONTINGENCY PLANS Introduction-A licensee safeguards contingency plan is. a documented plan to.give: guidance to licensee personnel in order to_ accomplish specific defined objectives in the event of threats, thefts, or radiological sabotage relating to special nuclear material or nuclear facilities-licensed under the Atomic Energy Act of'1954, as amended. An acceptable safeguards contingency plan must [ contain (1) a predetermined ' set of decisions and -actions to, satisfy stated l objectives,-(2) an identification of the data, criteria, procedures,.and? i mechanisms necessary to.effect efficiently the decisions' and actions,.and (3) a specificati.on of the. individual, group, or organizational entity responsible-- t for each decision and action. 'The goals of licensee safeguards' contingency-plans for dealing with threats, thefts, and radiological sabotage are (1) to' organize the respons'e ,21 Enclosure - x 1
g [7590k01] _? effort at the licensee level, (2) to provide predetermined structured responses-by-licensees to safeguards. contingencies,.(3) to ensure the integration'of the licenseeresponsewiththeresponsesby~otherentities,and(4)~toachievea j measurable performance in response capability. Licensee safeguards. contingency planning should result in organizing the licensee's resources in such a way 'that the participants will be identified, their.several responsibilities-I specified,.and the responses coordinated.- The responses shou'id be timely and consistent internally and consistent with each other. It is important to note that a licensee's ' safeguards-contingency' plan iss intended to be complementary to any emergency plans developed pursuant to Appendix E to Part 50 of this chapter or to paragraph 70.22(1) of Part 70 off this chapter. Contents of the Plan Audit and Review At intervals not to. exceed 12 months, the licensee shall provide for;a'rev'iew' of the safeguards contingency plan by individuals independent of'both ' security program management and personnel who have direct responsibility 1 for'imple-mentation-of the security program. The review must include a review and audit of safeguards contingency procedures and practices and a test of the safeguards system along with commitments established for response _by' local _ law enforcement authorities. The licensee shall document and report the results of the review and: audit along.with recommendations for improvements and corrections,'if any, to-the licensee's corporate and plant management at.least one level higher than that having responsibility for the day-to-day { operation of the-plant...The. ,i report must be kept available at the plant for inspection for a period of three-years. i PART'75 -- SAFEGUARDS ON NOCLEAR MATERIAL _- IMPLEMENTATION-3 0F US/IAEA AGREEMENT d
- 21. The authority citation for Part 75 continues to read as follows:
i 22 ' Enclosure. 1
n 3* [7590-01]: 'duthority: Secs. 53, 63, 103, 104, 122, 161,;68 Stat. 930, 932, 936' 937, . 939, 948,- as amended.(42 U.S.C. 2073,.2093, 2133, 2134, 2152,.2201; sec. 201,. J88 Stat."1242 as.amende'd, (42 U.S.C. 5841). Section 75.4 also issued under secs. 135, 141,EPub. L. 97-425, 96 Stat.. 2232,:2241'(42U.S.C.10155,10161).- For purposes of sec. 223, 68 Stat. 958' as amended (42 U.S.C.L 2273), the provisions of this'part are issued under sec. 1610, 68. Stat. 950,Las amended-(42 U.S.C. 2201(o)). 22. In 9 75.4, paragraph (f)(1) is' revised to read as follows: 6 75.4 Definitions. '(f) " Effective kilogram" means a unit used in safeguarding nuclear material..The. quantity is: (1) For special nuclear material: 'The amount specifiedLin 9f70.4 of this chapter. Dated at Rockville,1 Maryland -this ' day of ,.1991. L .For the Nuclear Regulatory Commission. James M.: Taylor, Executive Director.for Operations. t ) +- L f 23 Enclosure
4dj w-l <.y,..-. {l.' I.} -Document'Name: L
- HA/FRN.
Requestor's ID: ? YOUNG -Author's Name: .Sturel Document Comments: CB 4/02/91. MINOR ~ AMENDMENTS FEDERAL.-REGISTER-NOTICE t i.,, + 1 3 i 9 f 6 4 ) b ?! f 7a ,1 I f ) ?') 4 l j a 1 1 l 4 y .}}