ML20045E181

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Forwards Fr Notice for Review of Final Rule on Minor Amends to Physical Protection
ML20045E181
Person / Time
Issue date: 12/23/1991
From: Beckjord E
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Jordan E
Committee To Review Generic Requirements
Shared Package
ML20044B465 List:
References
FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-014, AD3-2-14, NUDOCS 9307010220
Download: ML20045E181 (33)
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{{#Wiki_filter:, [ 'o UNITED STATES g: g [ ( g NUCLEAR REGULATORY COMMISSION E WASHINGTON, D. C. 20555 DEC 2 3 ggg; MEMORANDUM FOR: Edward L. Jordan, Chairman Committee to Review Generic Requirements FROM: Eric S. Beckjord, Director Office of Nuclear P.egulatory Research

SUBJECT:

CRGR REVIEW 0F A FINAL RULE ON MINOR AMENDMENTS TO PHYSICAL PROTECTION The enclosed Federal Reaister notice is provided for your review. It is our view that this final rulemaking does not warrant full CRGR review'. The amendments to 10 CFR Parts 70, 72, 73, and 75 merely add definitions for common terms, delete obsolete action dates, correct outdated terms, and clarify wording that is susceptible to differing interpretations..A possible exception is the restoration in 9 73.55 (d)(7)(i) of the sentence " 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." This sentence was inadvertently omitted in an amendment published August 4,1986 (51 FR 27817), clarifying access to vital ' areas at power reactors. This requirement is being restored to correct an erroneous view held by some licensees that the deletion of the sentence-in question was a signal that vital areas could be opened to "public sightseeing tours" or "open house visits" without close escort. A Backfit Analysis for S 73.55 (d)(7)(i) was published with the proposed rule on August 15, 1989 (54 FR 33570). -With this one exception, we suggest that the Backfit Rule, S 10 CFR 50.109, does not apply.to this final rule because these amendments do not impose new requirements on 10 CFR Part 50 licensees. The rulemaking package has undergone office concurrence; therefore,- I would appreciate your response within 3. weeks of the date of this memo. If you have any questions, the RES contact' for this rulemaking is Stanley P. Turel, extension 23739. O rO a 3. Lyd Eric'S.Beckjord,(ifector Office of Nuclear Regulatory Research

Enclosure:

Federal Reaister notice 9307010220 930512 PDR PR- -70 57FR33426-PDR

y y un - {;: DEC 2's 199; 2 MEMORANDUM-FOR:. Edward L. Jordan,. Chairman Committee to: Review Generic Requirements FROM: Eric.S. Beckjord, Director Office of Nuclear Regt'latory Research.-

SUBJECT:

CRGR REVIEW 0F A FINAL RULE ON MINOR AMENDMENTS TO PHYSICAL PROTECTION u The enclosed Federal Reaister notice is provided for your review. It-is.our, view that this final rulemaking does not warrant full CRGR review. The amendments to 10 CFR Parts 70, 72, 73, and 75 merely add definitions.for - common terms, delete ' obsolete: action dates, correct outdated terms,o.and clarify wording that is susceptible < to differing interpretations. A possible. exception is the restoration in 5 73.55 (d)(7)(1) of the' sentence " Access to' vital areas for the purpose 'of general familiarization and other nonwork : ,? related activities may not.beiauthorized except for good cause shown to the R licensee." This sentence was inadvertently omitted in an amendmentipublished August 4,1986 (51 FR 27817), clarifying: access to vital. areas' at power reactors. This requirement is being restored to correct-an erroneous. view-held by some, licensees that the deletion'of the sentence in question was a signal that vital areas' could be opened to."public' sightseeing' tours" or."open house visits" without close escort. ' A' Backfit-Analysis ~for 5 73' 55'(d)(7)(i)' was published with the proposed rule on August 15, L1989 -(54-FR 33570).. With this one exception, we ~ suggest. that the Backfit Rule, 5 '10. CFR 50.109 doest not. apply to this final rule because these amendments 'do not imposeLnew/ . requirements on 10 CFR Part 50 Llicensees. The rulemaking package.has undergone office concurrence; therefore, 'I would-appreciate your response within 3 weeks of. the date~ of this memo. If you have any questions, the RES contact for this rulemaking.'is: Stanley P. Turel, extension 23739. ORIGINAL SIGNED BY Eric S'. Beckjord, Director Office of Nuclear Regulatory Research

Enclosure:

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~ ..Name:: STurel:mm 'JTel ford SBahadur FCostanzi BMorris' CH mes EBeckjord. Date: 8/5/91- .8/5/91. .8/5/91 ,12/18/91 12/18/91 12/( 91 112g/91 0FFICIAL RECORD COPY. 1*.See previous concurences e -{ l

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ft [ .t NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75 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) supplement the definitions section (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 30 days after publication in the Federal Reaister.] 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; Priscilla Dwyer, Domestic Safeguards Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-0478; or Donald M. Carlson, Reactor Safeguards Branch, Division of Reactor Inspection and Safeguards, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-3212. 4 1

b i SUPPLEMENTARY INFORMATION: The NRC Safeguards Interoffice Review Group has conducted 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 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 of special nuclear material. The comment period ended on September 29, 1989. The changes are summarized herewith a brief discussion. l I. The substance of paragraphs (b), (c), and (d) of 10 CFR 73.40 has been moved to Appendix C of 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 (59 73.20, 73.25, 73.26, 73.40, 73.46, 73.55, 73.60). 2. Definitions of the commonly used terms Category I, Category II, and Category III have been added for reference purposes to existing definitions in the definitions sections of 10 CFR Parts 70 and 73. A formula quantity of material is sometimes referred to as a Category I quantity of material; special nuclear material of moderate strategic significance is sometimes referred to as a Category II quantity of material; { and special nuclear material of low strategic significance is sometimes referred to as a Category III quantity of material. The current regulations do not include these category designations, t j although they are frequently used. To avoid possible confusion, definitions I of these terms have been added to the definitions in Parts 70 and 73. 3. Inconsistencies among the general auditing requirements for the safeguards contingency plans and physical security programs of Category I transportation and fuel cycle licensees have been removed. ] The record retention period for results of audits is being made consistent at 3 years. Inconsistencies in both the content of audits and ) resultant actions have been eliminated. 2

b i 4. An inadvertently omitted sentence that addresses access to vital areas at power reactors has been reinserted into S 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. Licensees are currently required by 73.55 (d)(7)(i) to have an access authorization.,ystem to limit unescorted access to vital areas during non-emergency conditions to individuals who require access in order to perform their duties. Moreover, the specific wording that was reinserted was contained in 10 CFR Part 73 for a number of yeirs 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" has been added to 10 CFR Parts 70 and 73. In the final definition, the words "...means locations subject to the control of a licensee,..." has been grammatically changed to read "...means licensee controlled locations,...". In addition, the words ...and for the possession, use, or storage of special nuclear material have been deleted from the definition since they generally appear in the introductory language of applicable regulations. Further, the word " contractor" has been deleted from the phrase "... licensee or contractor security measures..." because, in this instance, a contractor's measures are considered to be a licensee's measures. Action dates that have passed have been eliminated. The outdated term " industrial sabotage" has been replaced by the current term " radiological sabotage." Incorrect references to parts of the regulations that have been moved or deleted have been corrected. Paragraph designations in references in other parts of the regulations to definitions in S 70.4 have been 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 have been 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 has been revised to require that the original be sent to the NRC headquarters office with a copy to the regional office instead of vice versa. Finally, several typographical errors have been corrected. 3

x .t

SUMMARY

OF PUBLIC COMMENTS Three letters of. comment were received: two from nuclear power plant. licensees and one from NUMARC, an umbrella organization of the 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 6 73.55 (d), Access Requirements. This sentence follows the requirement in s 73.55 (d)(7)(i) that the licensee " Establish an access authorization system to limit unescorted access to vital areas during non-emergency 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." The first commenter stated that the restrictions [ presumably made 1 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." With regard to this 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 oversicht" [ emphasis added]. The re-insertion-of this requirement is to deter indiscriminate widr-spread public tours of vital areas. It does not preclude a licensee from conducting public tours when deemed appropriate and as long as close supervision over established safety and s'feguards controls is maintained. The second commenter asserted ths.t tne inserted sentence "needs clarification" but did not specify what; additional clarification was required. With regard to this comment, further on in the supplementary information to 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." The NRC J believes that the sentence is sufficiently clear. 4 l .I

t The third commenter stated that'it wou'ld 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. In this regard, the NRC believes that " good cause" and "nonwork-related-activities" are not new terms and do not require definition, having appeared in 6 73.55 before the sentence was inadvertently dropped. Therefore,-no changes have been made to the amendments in response to public comment. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in the categorical exclusion in 10 CFR 51.22(c)(2). 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 information 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. Regulatory Analysis These minor amendments impose no new restrictions or requirements, and therefore, have no significant impact. Accordingly, a regulatory analysis is considered not necessary and has not been prepared. Regulatory Flexibility Certification-As required by the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 605(b)), the Commission certifies that this rule will not have a significant economic impact on a substantial number of small entities. The amendments, as promulgated, are'very minor in nature and the impact on any licensee is minimal. In the matter of reporting certain changes to the security program, { 5

v the amendments merely reverse wh'o 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. L Backfit Analysis The NRC has determined that the backfit rule,-10 CFR 50.109, does not apply to this final rule because these amendments do not. impose new requirements on existing 10 CFR Part 50 licensees. List of Subjects in 10 CFR Parts 70, 72, 73, and 75 Part 70 - Criminal penalties, Hazardous materials - Transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security. measures, Special 'j nuclear material. .l Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel. Part 73 - Criminal penalties, Hazardous materials - Transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and I reactors, Reporting and recordkeeping requirements, Security measures. Part 75 - Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, 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 the following amendments to 10 CFR Parts 70,-72, 73, and 75. PART 70 -- DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 1. The authority citation for Part 70 is. revised-to read'as.follows: 6

y 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, 2232, 2233, 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 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 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); s s 70.3, 70.71(g), 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) are issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, and 950, as-amended (42 U.S.C. 2201(b), 2201(1) and 2201(o)); s s 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), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended.(42 U.S.C. 2201(1)); and s s 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) are issued under sec. 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: 9 70.4 Definitions. I 7 4

-s " Contiguous sites" means licensee controlled locations, in close proximity to each other, 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). 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 Afinition except for research and development activities utilizing u'. substantial 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 plutonium) + (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 above natural but less than 10 percent in the U-235 Isotope. This 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 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-8 j \\ m

-I' f. the ' equation, grams =(grams contained U-235)+2(grams U-233+ grams plutonium); lor - (2) 10,000 grams or more of uranium-235 (contained in uranium enrichedL to 10 percent or more but less than 20 percent in the U-235 isotope). This class of material is sometimes referred to as a Category 11 quantity of material. 3. In 9 70.19, paragraph (a)(2) is revised to read as follows: 6 70.19 General license for calibration or reference sources. (a) (2) Any Government agency as defined in 6 70.4 that holds a' specific licence issued-by the Commission that authorizes it to receive, possess, use, and transfer byproduct material, source material, or special nuclear. material; and 4. In 6 70.22, paragraphs (h)(1) and (k) are revised to read as follows: 1 70.22 Contents of applications. (h)(1) Each ' application for a license to possess or use at any site or contiguous sites subject to licensee control a formula quantity of strategic - special nuclear material as defined in s 70.4 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 areas, and isolation zones and must demonstrate how the applicant plans to- - meet the requirements of 59 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 beLlicensed,. including _ the identification and description of jobs as required by 10 CFR 11.11(a). - part Il 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-licensee special nuclear material.of 9

moderate strategic significance or 10 kg or more of special nuclear material of low strategic signWicance as defined under 5 70.4, othr 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 s 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 niaterial requiring this record under each license and each change to the plan for 3 years after the change. .j 5. In s 70.32, paragraph (c)(3) is removed and paragraph (g) is revised to read as follows: s 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 current copy of the safeguards contingency plan procedures as a record for the period during which the 1icensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license for which the procedures were developed and, if any portion of the plan is. superseded, retain that superseded portion for 3 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 Hatrix) contained in any licensee safeguards contingency plan prepared pursuant to 6 6 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 NRC. A licensee desiring to make such a change shall submit an application for an amendment to its license pursuant to 9 70.34. The licensee may make changes to the licensee safeguards contingency plan without prior NRC approval if the changes do not decrease the safeguards effectiveness of the plan. The licensee must maintain each change to the plan made without prior approval as a record during the 10

m 3-p'eriod for which possession of'a formula quantity of special nuclear material is authorized under a license and retain the superseded material for 3 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 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.is revised to read as follows: Authority: Secs. 51, 53, Ei, 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, 2092,2093,2095,2099,2111,2201,2232,2233,2234,2236,2237,2238,2282); 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 issued under sec. 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)). Subparts K.and L1are also issued under sec.133, 198 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42.U.S.C. 10198). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); sl 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a),-(b)(1),.(4),. q 11

in. (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a), 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)); s f 72.10(a),-(e), 72.22, 72.24,72.26,72.28,71.30,72.32,72.44,(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 is 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), (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, 72.212(b), 72.216, 72.218, 72.230, 72.234(e) and (g) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 7. In H 72.184, paragraph (a) is revised to read as follows: 6 72.184 Safeguards contingency plan. (a) The requirements of the licensee's safeguards contingency plan for addressing 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 Hatrix, the first 3 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.) + + + + + P PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIALS 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 12 i

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); s s 73.21, 73.37(g), and 73.55 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 19 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. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and ll 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. 2201(o)).

9. Section 73.2 is amended by adding a definition for " Contiguous sites" in proper alphabetical 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. " Contiguous sites" means licensee controlled locations in close proximity to each other, 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). This class of material is sometimes referred to as a Category I quantity of material. "Special nuclear material of low strategic significance" means: (1) Less than an amount of special nuclear material of moderate strategic significance' as defined in paragraphL(1) of the definition of-13

strategic nuclear material of moderate strategic significance in this section, but more than 15 grams of uranium-235 (contained in uranium enriched *.o-20 percent or more in the U-235 isotope) or 15 grams of uranium-233 or 15 grams of plutonium or the combination of 15 grams when computed byLthe 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 (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 enr'iched - above natural but less than 10 percent in the U-235 Isotope. This 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 more but less than 20 percent in the U-235 isotope). This class of material is sometimes referred to as a Category II quantity of material. 10. In 9 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: 6 73.20 General performance objective and requirements'. (b). (2) Is designed with sufficient redundancy:and diversity to. ensure maintenance of the capabilities described in 19.73.25 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) 14 .)

m. h-( s d M of this section. shall establish, maintain,: and. follow NRC-a'pproved: safeguards physical: protection and safeguards contingency' plans that describe how the ~ a i licensee will-comply with the requirements-of paragraphs (a) and.(b) of.this-section. .11. In s 73'.26, paragraph (h)(6) is revised to read;as follows: { i i 5.73.26 Transportation physical protection systems, subsystems, components,- and procedures. l ^ 'I (h) Test and Maintenance Proarams. *** (6) Thetransportationsecurityprogrammustbe. reviewed)atleastevery 9 12 months by individuals independent of both security program management and: personnel who, have direct: responsibility for implementation.of the security ~ y j program. The review must include a review 'and audit of security procedures and practices, an evaluation of the effectiveness of the' physical. protectioni j system, an audit of the physical protection: system testing and maintenance - program,' and an audit of commitments established for. response by' local law l enforcement authorities. The results and the recommendations of the ' eview r and the audit, managements. findings on whether the transportation securit'yL

program is currently effective, and any ' action taken as. airesult of recommendations from prior program reviews must be~ documented, fin a report to j

~ the responsible organization management.' These' reports must be _ maintained in-' an auditable form, available for inspection for a'. period of 3. years. s'73.40 [ Amended). j are l 12. In H 73.40,' paragraphs (b), (c),;and (d) includinglfootnote 1,2 z removed. a 13. In s' 73.46',. paragraphs :(g)(6)- and (h)(1) are revised to read as ' 7 follows: 6 73.46-Fixed' ' site physical' protection systems,'- subsystemst y Lcomponents_, and procedures. L* (g), Test and Maintenance Proarams. ***. (6) The: security program'must. be reviewedLat least every412< months by? individuals independent: of both; security program' management and personne1L who J have direct responsibility for. implementation of the securityL program.--- The review must include a. review and audit of security procedures-andLpradtices; i 15-t .e r ,6

se 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 and the of the security program 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 3 years. (h) Continaency and response plans and orocedures. (1) The licensee shall establish, maintain and follow an NRC-approved safeguards contin'gency - plan for dealing with threats, thefts, and radiological sabotage related to L 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 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 copyLof the current safeguards contingency' plan' as a record until the Commission terminates the license'and, if any portion of the plan is superseded, retain that superseded portion for 3 years. 14. In 9 73.50, paragraphs (g)(1) and (h) are revised to read as follows: 9 73.50 Requirements for physica1' protection of-licensed activities. (g) Response reauirement. -(l) 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, " Licensee 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 portion for 3-years. 16

\\ 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 s 73.55, paragraphs (b)(4)(ii), (d)(7)(i) introductory text, (g)(4), and (h)(1) are revised to read as follows: 5 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 that. superseded portion for 3 years. The training and qualifications plan must include a schedule to show how all security personnel will be qualified 2 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) (1). Establish an access authorization system to limit unescorted access-to vital areas during non-emergency 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~1icensee must: 17 =

(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 security program review, audit, and evaluation and recommendations, management's findings on whether the security program is currently effective, and any actions taken as a result of recommendations from prior program reviews must be documented in.a report to the licensee's plant manager. These reports must be maintained in an auditable form, available at the plant for inspection, for a period of 3 years. (h) Response reouirement. (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 part, " Licensee Safeguards Contingency Plans."

16. In s 73.60, the introductory paragraph and paragraph (e) are revised to read as follows:

9 73.60 Additional requirements for the physical protection of special I 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 . 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 18

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 3 feet from any accessible surface without intervening shielding. (e) Response reauirement. 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: s 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: (2) Within 30 days after the plan submitted pursuant to' paragraph-(c)(1) of this section is approved or when specified by the NRC in writing, implement the approved security plan. (d); Fixed site reouirements for special nuclear material of moderateL strateaic sianificance. Each licensee'who possesses, stores,~or uses quantities and types of special nuclear material of moderate strategic significance at a fixed site or contiguo.us sites except as ' allowed by. paragraph (b)(2) of this section-and except those who are licensed to operate - a nuclear power reactor pursuant' to Part' 50, shall: (f)- Fixed site reauirements for 'soecial nuclear material of low strateoic sianificance. Eachilicensee who possesses, stores, or uses special 19

0 ", 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:

18. In 6 73.70, paragraph (c) is' revised to read as follows:

5 73.70 Records. (c) A register of visitors, vendors, and other individuals.not employed by the licensee pursuant to il 73.46(d)(13), 73.55(d)(6), or 73.60. The licensee shall retain this register as a record for 3 years after the last - entry is made in the register. 19. In Appendix 8 to Part 73, the Introduction is revised to read as follows: APPENDIX B - GENERAL CRITERIA FOR SECURITY 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. or shipment vehicle against radiological sabotage shall, like other elements of the physical security system, be required to meet minimum criteria to ensure 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-pre' scribed '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 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-20

W: submitted to the NRC for approval and must be implemented within 30 days. after approval by the NRC unless otherwise specified.by the. NRC 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 -- LlJENSEE 14'EGUARDS CONTINGENCY PLANS Introduction i i 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 relatingL 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,. proce'dures,- and mechanisms necusary to execute efficiently the decisions,.and (3)..a stipulation 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-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 other entities, and-(4)- to achieve a 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 specified, and the responses coordinated. The

. responses should be~ timely and consistent internally and. consistent with each othe'r. 'It--is important to note l that a licensee's safeguards contingency plan is-4 . intended to be complementary _to any emergency plans developed pursuant to-Appendix E to Part 50 of this chapter or to 9 70.22(i) of Part_70 of this j chapter. .j 21 1 q

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 implementation of the security program. The review must-include an 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 the results and the recommendations of the safeguards contingency plan review, management findings or whether the-security program is currently effective, and any action as a result of recommendations from prior program reviews in a report to the licensee's plant manager. The report must be kept available at the plant for inspection for a period of 3 years. PART 75 -- SAFEGUARDS ON NUCLEAR MATERIAL - IMPLEMENTATION OF US/IAEA AGREEMENT

21. The authority citation for Part 75 continues to read as follows:

Authority: 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, 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 s 75.4, paragraph (f)(1) is revised to' read as follows: .5 75.4 Definitions. D D (f) " Effective kilogram" means a unit used in safeguarding nuclear-material. The quantity is: 1 22 1 -l ~

3;..- (1) For special nuclear material: The' amount specified in 6 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. t t - I 23 f

,7 :. < DAILY STAFF NOTE TO THE COMMISSION OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Sianed by E00 On , 1991, the Executive Director for.0peration (ED0) approved a final rule 'that would amend 10 CFR Parts 70, 72, 73, and 75, " Minor Amendments to the Physical Protection.tequirements." The proposed changes will: (1) supplement the detinitions sections, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible to varying interpretations,-(5) correct typographical errors, and.(6) make other minor changes. This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the ED0 has received this final rule and proposes to forward it on to the-Office of the Federal Register for FR publication, unless otherwise-directed by the Commission. 24

y+ L approved for Publication The Commission delegated to the EDO (10.CFR 1.31(a)(3) the' authority-to develop and 3romulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to t1e limitations in NRC Manual Chapter 0103; Organization and Functions, Office of the Executive Directive for Operations, paragraphs 1 0213, 038, 039,:and 0310. The enclosed final rule entitled " Minor Amendments to the Physical Protection Requirements" would amend to 10 CFR Parts 70, 72, 73, and 75, .to: (1) supplement the definitions sections, (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. This final rule does not' constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts.7, 8, or 9 Subpart C concerning. matters of policy. I therefore find that-this rule is within the scope of my1rulemaking authority and am proceeding to issue it. Date . James M. Taylor Executive Director for Operations. 1 25 1

3, n,.

os

'o UNITED STATES 8 ' ~,7, NUCLEAR REGULATORY COMMISSION { .E WASHINGTON, D. C. 20555 %, * *. + / Th'e Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent.to the Office of the Federal Beoister for publication the enclosed final amendments to the Commission's rules in 10 CFR Parts '70, 72,- 73, and 75. The final-changes will: -(1) supplement the definitions ~ sections, (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. These minor amendments affect the public, industry, and the NRC only insofar. as they make the regulations easier to understand, implement, and enforce. - Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research..

Enclosure:

Final Amendment to rules in 10 CFR Parts -70, 72, 73, 75 cc: The Honorable John J. Rhodes i

( s~s;>. IDENTICAL LETTERS T0: Chairman Bob Graham, Senate-Subcommittee on Nuclear Regulation. cc: Alan K.- Simpson a Chairman Philip R. Sharp,. House Subcommittee on Energy'and. Power cc: Carlos J.- Moorhead The Honorable Peter H. Kostmayer, Chair' man Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the 0ffice.of the Federal Reaister for publjcation thel enclosed final amendments.to the Commission's rules in 10 CFR Parts.70,'72,- 73, and 75. The final changes will: (1) supplement the definitions. sections,- '(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. These minor amendments affect the public, industry, and the_NRC only insofar as they make the regulations easier to understand, implement, and enforce. Sincerely, ~Eric S. Beckjord,'Directorr Office _ of Nuclear Regulatory Research'

Enclosure:

Final Amendment to-rules in'10 CFR Parts -70,'72, 73,-75" 1 -cc: The Honorable John J. Rhodes j . OFFICE:RDB:DRA RDB:DRAi P.Du.DRA DD:DRA. D:DRA' DD:GIR: D:RES-iNAME: STurel= JTelford -SBahadur FCostanzi BMorris CHeltemes EBeckjord'- DATE: / j/91- / /91 '/' /91' /J /91 / /91 ./z ' /91 /) /911

0FFICE
GPA:CA ED0 NAME:

.DRathbun JTaylor- .DATE- / /91 /- /91- -0FFICIAL RECORD COPY

C 2

The Honorable' Peter H. Kustmoyer Distribution: [MA'CONG] subj-circ-chron Reading Files ESBeckjord CHeltemes BMorris FCostanzi SBahadur JTel ford STurel JTaylor, EDO DRathbun, OCA. r ~ l - i j c ~ ,,,,a

w l l. ^ r gda are o' UNITED STATES k NUCLEAR REGULATORY COMMISSION 7,i ' j WASHINGTON, D. C. 20555 ? / ....w - The Honorable Bob Graham, Chairman l - Subcommitte9 on Nuclear Regulation Committee on.. Environment and Public Works United, States Senate Washington,'DC 20510-

Dear Mr. Chairmhn:

The NRC. has sent to the 0ffice of the Federal Reaister for publication the) enclosed final amendments' to the Commission's; rules in 10 CFR Parts 70, '72, 73, and 75. The' final changes will: (1). sup'plement. the. definitions'.'section'- . (2) delete. action dates that no longer apply,. (3) correct outdated terms and ' cross references, (4). clarify wording that is susceptible to differing. - interpretations, L (5) correct typographical ' errors, and- (6) make.:other minor-. changes. These' minor amendments affect the public, industry, and the NRC only insofar. as' they'make the regulations feasier to understand,. implement,- and-enforce. Sincerely, Eric S. 'B'eckjord,--~ Director. Office 'of Nuclear Regulatory Research _

Enclosure:

a a Final Amendment to-E ' rules in 10 CFR Parts 7.0,L72,73,'75 4 1 cc:. The lionorable, Alan K.' Simpson Y ] L j r 1 2 j _t 4 = ,... m .x.

.'o. e 3 e nta 8[ uq'o, h UNITED STATES NUCLEAR REGULATORY COMMISSION n [- E WASHING TON, D, C. 20555 %,...../ The Honorable Philip R. Sharp, Chairman Subcommittee'on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Reaister for publication the enclosed final amendments to the Commission's rules in 10 CFR Parts 70, 72, 73, and 75. The final changes will: (1) supplement the definitions _ sections, (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. These minor amendments affect the public, industry, and the NRC only insofar as they make the regulations easier to understand, implement, and enforce. Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research

Enclosure:

Final Amendment to rules in 10 CFR Parts 70,_72, 73, 75 cc: The Honorable Carlos J. Moorhead i ,}}

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