ML20045E175
| ML20045E175 | |
| Person / Time | |
|---|---|
| Issue date: | 07/10/1991 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-013, AD3-2-13, NUDOCS 9307010214 | |
| Download: ML20045E175 (30) | |
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- 7 UNITED STATES -.
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'o,,i NUCLEAR REGULATORY COMMISSION.
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WASHINGTON, D. C. 20555
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MEMORANDUM FOR:
Eric S..Beckjord, Director Office of Nuclear Regulatory Research g
'FROM:
Robert M. Bernero,-Director-Office of Nuclear Material' Safety and Safeguards
SUBJECT:
0FFICE CONCURRENCE - FINAL RULEMAKitiG -
This office has reviewed the final rulemaking package enfitled " Minor.-
Amendments to the Physical Protection Requirements." Editorial and substantive comments are noted on the enclosed package. 'Our concurrence'.is contingent.upon incorporation of the substantive comments and the presumption that RES has written confirmation from the Committee to Review Generic Requirements that this. final rule does not have to be reviewed for backfit implications..NMSS contact is Priscilla A. Dwyer, SGTR, x20478.
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.Ro rt M.- erner'o, Director.-
/ Offi of Nuclear Material Safety
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and afeguards
Enclosure:
As stated cci E. Jordan, AE0D r-
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3 930701'Oh 4 930512, l PDR. PR
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70757FR33426 PDR:
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NUCLEAR REGULATORY COMMISSION l
10 CFR PARTS 70, 72, 73, and 75 RIN:
3150-A003 Minor Amendments to the Physical Protection Requirements AGENCY: Nuclear Regulatory Commission.
i ACTION:
Final rule.
I
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for common terms not currently defined but frequently used, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other-minor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 (301) 492-3739, or Priscilla Dwyer, Domestic Safeguards and N /k'.. S cr:!ght K
Branch, Division of Safeguards and Transportation, Office of Nuclear Material 1
Enclosure
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Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-0478.
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SUPPLEMENTARY INFORMATION:
A The NRC Safeguards Interoffice Review Group has hoetr conduct +rrg a systematic review of the Agency's safeguards regulations and guidance documents
(
to identify areas in the regulations that are out of date, inconsistent, or susceptible to differing interpretations.
In doing so, the review group haw X
4460 identified other areas in the regulations where minor changes are A
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 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 CFE 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)'securityrequirementsforthespecificclassofaffectedlicensees
($$73.2,73.25,73.26,73.40,73.46,73.55,73.ph.
X 2.
Definitions of the commonly used terms Category I, Category II, and Category III are added for reference purposes to existing definitions in the definitions sections of 10 CFR Parts 70 and 73.
6 A-EategbFy I quanH{y of materIRJ-4 niFFaliit(dhis~ equivalent-to a-
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formula-quantity;-a Category-ll-quantity -of-material unirradiated,ci s-equ i v a l en t-to - s pe ci a l-nu c l ea r-ma t e r i a l-of-mode ra te -s t ra teg i c -s i g n i f i c a n ce ;- a n d -
)
a Category IILquantity-of-material,-if-unirradiatedris equivalent-to-special_
nu cl ea r-ma teri a l-of-low-s t ra teg i c - s ig n i fi c a r, ce.- The current regulations do not include these category designations, although they are frequently used, pa r t i cu l ady-i n-i n t e ma t,4 o na Ls a f e gua r d s,- a n d - a pp e a r-i rr s ome-N RC,f o c9 ment +. To l
avoid possible confusion, definitions of these terms are being added to the definitions in parts 70 and 73.
cderrrrl de a Gkcysyk e.y T d emkrhy oS wyrd is semehrne.spm I mlecw mu& & &n as cpanht
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pyderta] cf Icw :Arnhtyc S*'jnWccuite c9annfify of nukr'ta b 2
Enclosure
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3.
Inconsistencies among the general auditing requirements for the safeguards contingency plans and physical security programs of Category I transportation and fuel cycle licensees are being removed.
g t-The record retention period for results of audits is be4ag made at three
[
A 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~
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 preceding 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 s definition of the _ term has been modified from that presented Rep 6ce Thi 70and73./
in the proposed rule to eliminate a possible misunderstanding that the licensee w,4 6 would not be responsible for its contractor's security measures =. Action dates 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 $70.4.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 reguiations 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.
d' Finally, several typogra hical errors are corrected... _
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SUMMARY
OF-PUBLIC COMMENTS +k P rase ; "m heensee. ce conhucbc securify m h
because, nn %s, instance.,' a ccofracWs inecoures we' tras,dered h te n h eensee's 03nsures,7 Letters of comment were received from three respondents:
two from nuclear power plant licensees and one from NUMARC, an umbrella organization of the 3'
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nuclear power industry whose membership in67udes every utility (responsible for.
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~ co'nstructing or operating a commercial nuclear power plant in the United Ii
. States. Copies of comment letters are available for public inspection and H
l 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)(1) that the licensee " Establish an access authorization system to:1imit unescorted access A
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 l
purpose of general familiarization and other nonwork-related activities lmay. noti a
.be authorized except for good cause shown to the licensee."~ One commenter 4
y stated that the restrictions [ presumably made explicit by' the ' inserted
f sentence] should be withdrawn to: allow tours with:the provi.sion oftappropriate
]
security measures. to' ensure plant safety...and that "This change would limit-access to nuclear plant. vital areas even when under escort." A second-j
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d 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 q
published with the proposed. rule, stated thatthe inadvertent omission 'of the i
subject sentenc'e shouldlnot be' construed as a "' signal' that vital' areas could bel'.open'ed up' to 'public sightseeing tours' or. 'open house visits
without close licensee oversight" [ emphasis added].; With. regard'to the-second' l
comment,Efurther on in theisupplementary information of the proposed rule, the.
3 NRC' notes that " Licensees are assigned the responsibility Lfor' making final.
t vital area access decisions in. accord with the past practices and provisions:
under the approved security plans." Hence;'the NRC.be..ievesithe sentence to be?
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clear.: With. regard to the; third. comment, the NRC believes that " good cause"-
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and'"nonwork-related activities" are. not new terms, having appeared in 6-73.55' before the: sentence was.- dropped. Therebne, no changes, h hen oncle p
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lo Shebrneradmenfs so nrsponse -fo pubhc ccrnrne-nt 1
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w Environmental Impact: Categorical Exclusion The NRC has ' etermined that this final rule is the type of action d
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 This final rule does not contain a new or amended 'nformation collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et-seq.). Existing requirements were approved under the Office of Management and Budget approval number 3150-0009 for Part 70, approval number 3150-0132 for Part 72, approval number 3150-0002 for Part 73, and approval number 3150-0055-for Part 75.
y Regulatory Analysis' y
These minor amendments impose no new restrictions or requirements, and therefore, have no significant impact. Accordingly, a regulatory analysis is not considered necessary.
Regulatory Flexibility Certification As required by the Regulatory Flexibility ' Act ofl1980 ( 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 m,erely 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-l J
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[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 33570) concluded that the restoration of this sentence would have.an insignifi-cant effect on licensees, the NRC, the public, and facilities employees.
I L
j List of Subjects in 10 CFR Parts 70, 72, 73, and 75:
[.
L Part 70 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping '
l requirements, Scientific equipment, Security measures, Special nuclear L
material.
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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.
l For the reasons set out in the preamble and under the authority of the f
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
.q amendments to 10 CFR Parts 70, 72, 73, and 75.
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PART 70 -- DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 1.
The authority citation for Part 70 continues to read as:follows:
l.-
Authority: Secs.-51, 53, 161, 182, 183,'68 Stat. 929, 930, 948, 953, 954, L
asamended,sec.234,83 Stat.444,asamended(42U.S.C.2071,2073,2201,
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i 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.97-425, 96 St.at. 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 L
amended (42 U.S.C. 2234).
Section 70.61 also issued under secs. 186, 187, 68 I
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);
ll 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24 (a) and (b),
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)6re issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); $$ 70.7, 70.20a (a) and (d), 70.20b (c) and (e), 70.21(c), 70.24(b), 70.32 (a)(6), (c),
(d),(e),and(g), 70.36,70.51(c)-(g),70.56,70.57_(b)'and(d),and70.58 (a)-(g)(3) and (h)-(j) are issued under sec.. 1611, 68 Stat. 949,-.as amended (42 U.S.C.2201(1)); and 55 70.5, 70.9, 70.20b (d) and (e), 70.38, 70.51 (b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58 (g)(4), (k) and (1), 70.59, and 70.60 (b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
Section 70.4 is amended by adding a definition for " Contiguous sites" 2.
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 jr follows: 70.4 Definitions.
lunes c$ntrollech
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" Contiguous sites" means locations-s"bj 9 '- the-contr-c' pf a ' ice u m, j
in close proximity to each other, eM-fer the possession -usa -or-stopy M r
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Enclosure:
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-, n " + ~ M where the licensee's same security measures or
_m 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). h K-un4rndistcdferdhisclassofmaterialissometimesreferredtoasa 4
Category I quant _ity of material.
" Plutonium processing and fuel fabrication plant" ***
(2) research and development ac.tivities 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 by the equation, grams = (grams contained-U-235) + (grams plutomium) + (grams U-233); or (2).Lessthan1
'O grams but more than 1000 grams of-uranium-235 (contained in uranium s ched 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.
la-tmkredia ted X
4erm[his class of material is sometimes referred to as a Category III quantity,
.of material.
8 Enclosure
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"Special nuclear material of moderate strategic significance" means:
(1) Less than a formula quantity of strategic special nuclear material but more thart 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 theequation, grams =(gramscontainedU-235)+2(gramsU-233+gramsplutonium);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). W g-eMrradicted for:his class of material is sometimes referred to as a Category II quantity of material.
t 3.
In 670.19, paragraph (a)(2) is revised to read as follows:
570.19 General license for calibration or reference sources.
s (a)
(2) Any Government agency as defined in 670.4 that holds a specific license issued by the Commission or the Atomic Energy Commission that authorizes it to receive, possess, use, and transfer byproduct material, i
source material, or special nuclear material; and 4.
In $70.22, paragraphs (h)(1) and (k) are revised to read as follows:
% 70.22 Contents of applications.
(h)(1) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee a formula quantity of
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T 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'l must address vital equipment, vital areas, and isolation zones and must ' demonstrate how the applicant plans to meet j
the requirements of.55 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 9
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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 6 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 (g), as appropriate, of 6 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.-
5.
In 5 70.32, paragraph (c)(3) is removed and paragraph (g) is revised to read as follows:
6 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), 72.184, 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 j
licensee desiring to make such a change shall submit an application for an
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amendment to its license pursuant to 5 70.34. The licensee may make changes to the licensee safeguards contingency plan without prior Commission approval if the changes do not decrease the safeguards 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 o'f 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 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,
-1 141, Pub. L. 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.
l 100-203,101 Stat.1330-232,1330-236(42U.S.C.10162(b),10168(c),(d)).
Section 72.46 also issued under sec.189, 68, Stat. 955 (42 U.S.C. 2239); sec.
3 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section'72.96(d) also i
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(e),
.141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.
1
-10101,10137(a),10161(h)).
11 Enclosure o
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For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
5572.6,72.22,72.24,72.26,72.28(d),72.30,72.32,72.44(a),(b)(1),-(4),
(5),(c),(d)(1),(2),'(e),(f),72.48(a),72.50la),72.52(b),72.72(b),(c),
.72.74(a),(b)',72.76,72.78,72.104,72.106,72.120,72.122,72.124,72.126, 72.128,72.130,72.140(b),(c),72.148,72.154,72.156,72.160,72.166,72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186, are issued under sec.'161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 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,-72.126,,
72.128, 72.130, 72.140(b), (c), 72.142, 72.144, 72.146, 72.148, 72.150, 72.152,.
72.154, 72.156, 72.158, 72.160,'72.162', 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 6% 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),
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(d)(3), (e), (f), 72.48(b), (c),. 72.50(b), 72.54(a),- (b), (c), 72.56, 72.70, 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),
(b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184, 72.186, 72.192 are issued under sec. '1610, 68 Stat. 950, as amended (42 U.S.C.2201(o)).
7.
In S 72.184, paragraph (a) is revised to read as follows:
5 72.184 Safeguards contingency plan.
(a) The requirements of the licensee's safeguards contingency plan for dealing with threats and radiological sabotage must be as-' defined in Appendix C to Part 73 of this chapter. This plan must include Background, Generic Planning Base, Licensee Planning ~ Base, and Responsibility fiatrix, the first
~four categories of information relating to nuclear facilities licensed under Part 50 of this chapter.
(The. fifth category of information, Procedures, does not have to be submitted for approval.)
PART 73 -- PHYSICAL PROTECTION OF PLANTS AND f4ATERIALS 12 Enclosure
F 4
l f7590-01]
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.
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); _
$5 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat. 948, as
- amended (42 U.S.C. 2201(b)); sl 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 66 73.20(c)(1), 73.24(b)(1),
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(h),73.55(h)(2)and (4)(iii)(B), 73.57, 73.70, 73.71, and 73.72 are issued under sec. 1610,~68
. Stat. 950, as amended (42 U.S.C. 2l 31(o)).
- 9. Section 73.2 is amended by adding a definition for " Contiguous sites" in proper alphat;etical sequence, and revising the definitions of " Formula quantity," "Special nuclear material of moderate strategic significance," and "Special nuclear material of low strategic significance" to read as follows:
'5 73.2 Definitions.
hwnsec c* ff00em w
" Contiguous sites" means locations s"bject to the contto bof;a_4ic e ses, h
in close proximity to each other, and-for the possessiong-ttst - Morage-of spathl nucle:r-xMrial 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). 4e--
_K 13 Enclosure
[7590-01]
.i a
- urtinadiited f cr s class of material is sometimes referred to as a Category K
\\ ! quantity of material.
"Special nuclear material of low strategic significance" means:
(1) Less than an amount of special nuclear material of moderate strategic significanceasdefinedinparagraph(1)ofthedefinitionofstrategicnuclear 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 by the equation, grams = (grams contained U-235) + (grams plutonium) + (grams U-233); or (2) Less than 10,000 grams but more than 1000 grams of uranium-235
-l (contained in uranium enriched to 10 sercent 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.
' h Jo-un4rradicted fer= 5ks class of material is sometimes referred to'as a
~
. Category III quantity of material.
"Special nuclear material of moderate' strategic significance" means:
(1)
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 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-I more but less than 20 percent in the U-235 isotope).
$Per'dSted-femfisclassofmaterialissometimesreferredtoas.a Category 11 quantity of material.
- 10. In~5 73.20, paragraph-(b)(3) is redesignated as paragraph (b)(4), a new paragraph (b)(3).is added, and paragraphs (b)(2) and (c) are revised to read as follows:
14 Enclosure
k
[7590-01]-
.py 1
6 73.20 General performance objective and requirements.
(b). ***
(2) Is designed with sufficient redundancy ar.d diversity to ensure maintenance of the capabilities described in $5 73.25 and 73.45;
-(3)
Includes a safeguards contingency capability that can meet.the criteria in Appendix C to this part " Licensee Safeguards Contingency Plans,"-
and (c) Each licensee subject to the. requirements of paragraphs (a).and (b) of this section shall establish, maintain, and follow NRC-approved safeguards physical protection and safeguards contingency plans tnat describe how the licensee will comply with the requirements of paragraphs (a) and (b) of _this sect wn.
41.
In 9 73.26, paragraph (h)(6) is revised to read as follows:
9 73.26 Transportation physical protection systems, subsystems, components, and procedures.
- ( h-) Test and Maintenance Programs. ***
(6) The transportation 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, 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' to the responsible organization managemen,t, and kept available'for inspection for a period of three years.
Q ys' 673.40 [ Amended] h,
12.. In 9 73.40, paragraphs (b), (c), and (d) including footnote 1, are removed.
15 Enclosure-
7 g
- ft,'
[7590-01];
3
'13.
-In s 73.46, paragraphs (g)(6) and (h)(1) are revised to' read as
- follows:-
5 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 a 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 commitments 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 licenseeL 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 pa Licensee Safeguards Contingency K
Plans." Contingency plans must include, btrnot 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 i
until the Commission terminates the license and, if any portion of the plan.is-superseded,- re'ain the superseded material.for three years after each change.-
14 In S 73.50, paragraphs (g)(1) and (h) are revised to read as follows:
5 73.50 Requirements for physical protection of licensed activities.
1 i
j 16 Enclosure
~
[7590-01]
. 6 (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 se'ction.
Safeguards contingency plans must be in accordance with the criteria in-Appendix C to this pa j Licensee Safeguards Contingency Plans." The licensee K shall retain a copy o he 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.
l (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 qualified 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:
6 73.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.
(b)***
(4)***
(ii) 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 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 17 Enclosure
i
. I -[
[7590-01]
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, 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 audit and evaluation along with' recommendations for improvements and corrections, if any, must be. documented and reported to the-licensee's plar,. management and to corporate management at least one level higher than that having responsibility for the day-to-day plant operation.
ine reports must be_kept available at the plant _for inspection for a period of three years.
(h) 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 nuclear. facilities subject to the provisions of this section. Safeguards contingency plans must-be in accordance with the criteria in Appendix.C to this p f]
icensee Safeguards Contingency Plans."
- 16. In 9 73.60, the introductory paragraph and paragraph (e) are revised to read as follows:
18 Enclosure
[7590-01]
,A:
5 73.60 Additional requirements for the physical protection of special nuclear 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-P quantity of 5,000 grams or more computed by the formula, grams = (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 requirements 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 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 " Licensee Safeguards Contingency Plans."
- 17. In 9 73.67, the introductory text of paragraphs (c), (d), and (f) and paragraph (c)(2) are revised to read as follows:
% 73.67 Licensee fixed site and in-transit requirements for the physical protection 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 1
%j 2
~[7590 01]?
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99 ~.
.:.m (2) Within-30! days after the' plan submitted. pursuant to ;
agraph(c)(1) of this<sectioncis. approved or when specified by the NRC in writing, implement.
.the approved security plan.
h (d)' Fixed site requirements for special nuclear material of moderate strategic significance..Each-licensee who possesses stores,.or uses
- quantities and types of special. nuclear material of moderate' strategic;
-significance at a fixed site.or contiguous sites except as-allowed byJparagraph (b)(2) of this section and except those who are licensed to operate a. nuclear
,g power reactor pursuant to Part 50, shall:
(f) Fixed site requirements for special nuclear material of low n
strategic significance. Each licensee who possesses, stores, or uses'special l
nuclear material of low strategic significance at a fixed site or. contiguous sites, except those who are' licensed to operate a nuclear power reactor pursuant to Part 50, shall:
~
1 18..In.5 73.70, paraaraoh (c) is revised to read as follows:
ptrsa20+ 40 5f73.46(dXIS)j79SS[d)[ hor 73,6D
]
b 73.70 Records.
l (c) A regi ter of visitors, vendors, and other individuals not' employed by the license. The licensee shall retain this register as a record for'three e
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 - GENERAL CRITERIA FOR SECURITV PERSONNEL-Introduction Security' personnel who are-responsible for.the protection of special.
nuclear material on-site and in: transit and for the protection of the facility
- l or. shipment vehicle'against radiological sabotage should, like other' elements of' the. physical security system,- be required to meet minimum criteria to. ensure-20 Enclosure i
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[7590-01]
that they will effectively 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 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 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 accordance with the f
criteria in this appendix, the licensee must establish, maintain, and follow a plan that shows how the criteria will be met. The plan must be submitted to the NRC for approval. The plan must be implemented within 30 days after approval by the Commission unless otherwise specified by the Commission in writing.
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:
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 objectives, (2) an identification of the data, criteria, procedures, and mechanisms necessary to effect efficiently the decisions and' actions, and (3) a specification'of'the individual, group, or organizational entity responsible 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 response 21 Enclosure
g 4
[7590-01)-
- effort at the. licensee level, (2) to provide predetermined structured responses by licensees to safeguards contingencies, (3) to ensure the integration of.the licensee' response with the' responses by ot er ent t es, an ;d (4) to achieve a h
ii measurable performance in response capability.- Licensea safeguards. contingency-planning should result in organizing the licensee's. resources in such a way that the participants will be identified, their several responsibilities.
specified, and the responses coordinated. The responses should be timely and-consistent internally and consistent with each other.
It is important to note that a licensee's safeguards contingency plan is -
intended to be complementary to any emergency plans developed ~ pursuant to Appendix E to Part 50 of this chapter or to paragraph 70.22(i) of Part 70 of this chapter.
Contents of the Plan Audit and Review At intervals not'to exceed 12 months, the licensee shall provide for.a. review; of the safeguards contingency plan by individuals' independent of both security program management and personnel-who have direct responsibility 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 report must be kept available at the plant for-inspection for a period of three.
years..
PART 75 -- SAFEGUARDS ON NUCLEAR MATERIAL --IMPLEMENTATION 0F US/IAEA AGREEMENT'
~21. - 'The authority citation for Part 75 continues to read as follows:
22 Enclosure a
n 4
__[7590-01]
(...
Authority: Secs. 53, 63,;103, 104, 122,.1o., 68-Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201; sec. 201, 88 Stat.-1242 as amended,;(42 U.S.C. 5841).
Section 75.4 also' issued under secs'.. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161).
For purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273), the provisions of this part are issued under sec. 1610, 68 Stat'. 950, as amended (42 U.S.C. 2201(o)).
22.
In E 75.4, paragraph (f)(1) is revised to read as follows:
6 75.4 Definitions.
(f) " Effective kilegr am" means a unit used in safeguarding nuclear material. The quantity is:
(1) For special nuclear material: The amount specified in S 70.4 of'this
-chapter.
Dated at Rockville,' Maryland this day of.
., 1991.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
n 23 Enclosure-e
L:
- 1
- . 3,4-...
I Document Name:
,MA/FRN Requestor's ID:
BONSBY
' Author's Name:
Sturel Document Comments:
CB 1/08/91 HINOR AMENDMENTS FEDERAL REGISTER. NOTICE'
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(The Honorable Peter-HJ Kostmayer, Chairman
.' Subcommittee on Energy and the Environment a
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Committee on Interior and' Insular Aff airs
' United States House-of Representatives Washington,.DC 20515:
Dear.Mr. Chairman:
I The~NRChassentito.theOfficeoftheFeriaa? Rep lc'E te or publication'the-enclosed final amendments to the'Conin1EcTFs re 9 CFR Parts 70, 72, 73, and 75. ' The final changes will:~
7, eG cfici:
ns'for common' terms.notL currently defined but frequently used, (2) ma e t M n finitions sections' easier (to use by arranging:the terms-in al w aett.ei ctaer,
- 3) delete action' dates!
that. no longer apply,~ (4)~ correct Leedata terms una cross references,-
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-(5); clarify wording that is suscepihie t eti Mer'ne interpretations,;
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- . (6) correct typographical errors,.nd (7) r ue ot$e minor changes.-
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.These minor amendments affect the pc'31ic, indust
- y,.and-the NRC only' insof ar as'-
L they make the regulations ' easier to tn.1n st nd. implement,...and: enforce.
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Sincerely,.
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Eric S. Beckjord, Director
~
Office 'of Nuclear. Regulatory Re' search-A
Enclosure:
' Final Amendment to a
-: rules lin 10 CFR~ Parts 70,r72,73, 75
- !cci The Honorable' John J. Rhodes I
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'i NUCLEAR REGULATORY COMMISSION ~
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. The: Honorable Philip R. Sharp, Chairman
~ Subcommittee on, Energy,and Power Committee on Energy and Commerce.
United States' House of Representatives j
Washington, DC 120515
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Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register foripublicationtthe M
enclosed final amendments to the Commission's rules in 10 CFR; Parts l70, 72,:
73, and 75.. The-final. changes will:
(1) add definitions for common terms-not currently defined but frequently used,'(2) make.the-definitions sections ~ easier
-to use by arranging the terms in alphabetical order, (3) delete action dates that 'no-longer apply, L(4) correct outdated terms and. cross references,z
<n l(5)-clarify wording that is susceptible to differing interpretations' (6). c'orrect typographical errors, and (7) make.other minurichanges.
These' minor: amendments: affect the public, industry,iandLthe'NRC only11nsofer.as they make the regulations easier to understand,fimplement, and: enforce.-
Sincerely, EricS.-Beckjord,.Directori i
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Office:of: Nuclear Regulatory Research a
Enclosure:
Final Amendment to rules in -10 CFR Parts 70,'72, 73, 75 A
I cc: The Honorable Carlos J. Moorhead d
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NU' CLEAR REGULATORY-COMMISSION :
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' WASHINGTON, D.C. 20555 S
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. The lionorable Bob. Graham, Chairman Subcommittee on. Nuclear Regulation.
Committee on Environment'and Public. Works United States Senate
~
Washington, DC 20510
Dear Mr. Chairman:
~
The NRC has sent to'the Office of the Federal. Register for' publication'the.
~
enclosed final amendments to the'. Commission's rules;in'10 CFR' Parts 70,.72,
- 73, and-75. The final change's will:
(1)_ add; definitions;for common.. terms.not
~ currently defined but frequently used, (2) make the definitions' sections easier to use by arranging the terms-in alphabetical order, (3)~ delete action dates
- that no longer apply, (4) correct' outdated terms'and cross references,-
- (5) clarify wording that is susceptible to differing interpretations,
~
(6) correct typographical errors,Jand (7) make other minor changes.
. These minor amendments affect the' public, industry,E and the NRC: only.insof ar as they make the regulations easier to understand,. implement, and'. enforce.
Sincerely, Eric S. Beckjord,~0irector Office of Nuclear Regulatory Rescarch' T
Enclosure:
. Final Amendment to rules in 10 CFR Parts 70, 72, 73, 75 m
1 cc: The lionorable Alan K. Simpson' I
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- p. AIL 1' MEfitti STAFF NOTE TO THE COMMISSION OFFICE 0F NUCLEAR REGULATORY RESEARCH Proposed Rule To Be_ Signed by EDO g
'1991,[heExecutiveDirectorforOperationsapprovedafinal.
)>(
On rule that would amend _10 CFR Parts 70 72, 73, and 75, "MinoE Amendments to the Physical Protection Requirements." The proposed changes will (1) add definitions for common terms not currently defined but frequently used, (2)-
make the definitions sections easier to use:by arranging the terms in alphabe-tical order, (3) delete. action dates that no longer apply, (4). correct outdated
. terms and cross references, (5). clarify wording that is susceptible to differing interpretations, (6) correct typographical errors.. and (7) make other.
minor changes. These final amendments are necessary to reflect the results' of
- y(
a systematic review of NRC's fafeguaids regulations.
g This constitutes notice to the Commission _that, in accordance with the rulemaking authority delegated to the EDO, the EDO has received this final rule and proposes to forward it to.the Office of the Federal Register for FR publication, unless otherwise directed by the Commission.
I l
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Up' Approved for Publication The Commission delegated to the ED0 (10 CFR 1.31(a)(3) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the
.J limitations in NRC Manual Chapter 0103, Organization and Functions, Office of l
the Executive Director for Operations, paragraphs 0213, 038, 039 and 0310.
)
The proposed changes to 10 CFR Parts 70, 72,Svpk-meM -the deGns,h 73, and 75, will:
(1)ed+
g dafJniticiis fec cwmon terms not cui s endy defir.ed but #requent4y-used, (2) make the definitions sections easier to use by arranging the terms in alphabe-tical order, (3) delete action dates that no longer apply, (4) correct outdated terms and cross references, (5) clarify wording that is susceptible to differing interpretations, (6) correct typographical' errors, and (7) make other minor changes. These' amendments are necessary to reflect the results of a M
systematicreviewofNRC'sgafeguardsregulations.
These final rule changes do not constitute significant questions of policy, nor does it amend re'gulations contained in 10 CFR Parts 7, 8, or 9 Subpart C i
concerning matters of policy.
I, therefore, find that this rule is within the l
scope of my rulemaking authority and am proceeding to issue it.
Date James M. Taylor, Executive Director for Operations.
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