ML20045E194
| ML20045E194 | |
| Person / Time | |
|---|---|
| Issue date: | 01/21/1992 |
| From: | Jordan E Committee To Review Generic Requirements |
| To: | Arlotto G, Miraglia F, Sheron B NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, 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 AD03-2-016, AD3-2-16, NUDOCS 9307010241 | |
| Download: ML20045E194 (1) | |
Text
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January 21. 1992 HEMORANDUM FOR:
Guy A. Arlotto, NMSS Frank J. Miraglia, Jr., NRR Brian W. Sheron, RES Janice E. Moore, 0GC Leonard J. Callan, RIV FROM:
Edward L. Jordan, Chairman Committee to Review Generic Requirements
SUBJECT:
FINAi. RULE ON MINOR AMENDMENTS TO PHYSICAL PROTECTION RES his proposed that the subject amendment does not warrant full CRGR review (see Enclosure 1).
The CRGR staff has reviewed the amendment and does not recommend full review at a meeting (see Enclosure 2).
Please let me know within 5 working days if you have ~any comments or would like to discuss the matter further at a meeting.
If I do not receive any requests for. further discussion, I plan to inform RES that no further CRGR review is needed.
Original Sig"r:d r7:
E. L Jredea Edward L. Jordan, Chairman Committee to Review Generic Requirements
Enclosures:
As stated Distribution:
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MEMORANDUM FOR:
Edward L. Jordan, Chairman
-Committee to Review Generic Requirements o
FROM:
Eric S. Be'kjord, Director c
Office of Nuclear.Ragulatory Research
SUBJECT:
- CRGR REVIEW OF A: FINAL RULE ON. MINOR-AMENDMENTS TO PHYSICAL PROTECTION u
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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 terms, delete obsolete action dates, correct outdated terms.-and n
- clarify wording that.is susceptible to' differing interpretations.
A. possible.:
exception is the restoration in 5 73.55 (d)(7){i)' of the. sentence "Acc'essito 1
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.atipower 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)(1) 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 L 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.
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1QO EricS.Beckjord,'Qifector.
Office of NuclearL Regulatory Research
Enclosure:
Federal Reaister notice MLt{1C 1
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NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75 l
RIN: 3150-AD03 Hinor Amendments to the Physical Protection Requirements AGENCY: Huclear 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.SafetyLand 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, 2
Telephone'(301) 492-3212.
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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.
1 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.
1.
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 (55 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 str.tegic significance is sometimes -
referred to as a Category III quantit of material.
The current regulations do not include these category designations, although_they are frequently used.
To avoid possible~ confusion, definitions of. these terms have been added tc 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.
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15 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 system 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 years preceding 1986.
Correcting this inadvertent omission does not signal any change in Commission policy or practice in this regar'.
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d 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.
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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.
!a 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 ! 73.55 (d)(7)(i) that.the licensee
" Establish an access authorization system to limit unescorted access-to vital 4
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 explicit by the ' inserted' sentence]'should be withdrawn to' allow tours with-l the provision of appropriate security measures to ensure plant safety... and
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that "This change would limit access to nuclear plant vital. areas even when i
under escort." With regard to. this comment,. item.5' of the Supplementary.
Information published with the propo:ed 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 wide-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 1
safety and safeguards controls is maintained.
The second commenter asserted that the inserted sentence "needs.
clarification" but did.not specify whatL 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-believes that the sentence is.sufficiently clear.
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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.
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 s 73.55 before the sentence was inadvertently dropped.
Therefore,lno
. 1 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 aescribed 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 a
. 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
5
'i the amendments merely_ reverse who receives the original and who receives the copy. The other changes are of an administrative natu.>e 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 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 nuclear material.
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 naterials, Nuclear power plants and-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 0F SPECIAL NUCLEAR MATERIAL 1.
The authority citation for Part 70 is revised to read as follows:
6
L t 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 Stat. 955 (42 U.S.C. ?236, 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);
99 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 P
amended (42 U.S.C. 2201(b), 2201(1) and 2201(o)); il 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,Las amended (42 U.S.C.
2201(i));
and 9 9 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)).
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.
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" 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.
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" 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 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 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
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- the equation, grams =(grams contained U-235)+2(grams-U-233+ grams plutonium); or s:
'(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.
3.
In i 70.19, paragraph (a)(2) is revised to read as follows:
s 70.19 General. license for calibration or reference sources.
(a)
(2) Any Government agency as defined in 9 70.4 that hol'ds a specific license issued by the Commission that authorizes it to receive, possess, use, and transfer byproduct material, source material, or special nuclear material; and 4.
In 9 70.22, paragraphs (h)(1) and (k) are revised to. read as.-
follows:
t i 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 6 -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 El 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 10 CFR 11.11(a).
.Part II must list tests,. inspections, and other means to' demonstrate compliance with such requirements.
(k)
Each applicat_ ion for a license to possess or use at any site or contiguous sites subject to control licensee special nuclear material of-9
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moderate strategic significance or 10 kg or more of special nuclear material of low. strategic significance as defined under s 70.4, other than a license for. possession or use of this material in the operation of a nuclear power reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan that demonstrates how the applicant plans to meet the requirements of paragraphs (d) (e), (f), and (g), as appropriate, of 5 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 3 years after the change.
5.
In 9 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 licensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license for which the proce^
s were developed and, if any portion of the plan is superseded, retain t.
erseded portion for 3 years from the effective date of the change.
- h. incensee may not make a change that would decrease the safeguards effectivene:s 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 ll 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 E 70.34.
The licensee may make changes to the licensee safeguards contingency plan without prior NRC approval if the changes do not i
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
]
s,.
period 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
.c 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, 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, 2092,2093,2095,2099,2111,2201,2232,2233,2234,2236,2237,2238,2282);
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 X and L are also issued under sec.133, 98 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),
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(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)); 9 6 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(1)); and ll 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 9 72.184, paragraph (a) is revised to read as follows:
s 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 Matrix, 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.)
k 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
m.
'e
' 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 73.57f 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);
il 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 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 il 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:
1 73.2 Definitions.
a
" 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 paragraph '(1) of the definition of.
13 1
S m
strategic nuclear material of moderate strategic significance in;this section,
-but more than 15 grams of uranium-235 (contained in. uranium enriched.tcr 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 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 but more-than 1000 grams of uranium-235 (t ontained in uranium' enriched to 20 percent or more in the U-235 isotope) or moi.' 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 Catego:y II 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:
5 73.20 General performance objective and requirements.
(b) f (2)
Is designed with sufficient redundancy and _ diversity to ensure maintenance of the capabilities described in El 73.25 and 73.45; (3)
Includes a safeguards contingency capability that can meetLthe criteria in Appendix C to this part " Licensee Safeguards Contingency Plans,"
and (c) Each licensee subject to the requirements of paragraphs (a) and (b) i 14
c
.of this section shall establish, maintain, and follow NRC-approved safeguards physical protection and safeguards contingency plans that describe how the licensee will comply with the requirements of paragraphs (a) and (b)' of this-section.
11.
In 6 73.26, paragraph (h)(6) is revised to read as follows:
5 73.26 Transportation physical protection systems, subsystems, components, and procedures.
(h) Test and Maintenance Proarams. ***
(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 and the recommendations of the review and the audit, managements findings on whether the transportation security.
program is currently effective, and any action taken as a result of recommendations from prior program reviews must'be documented, in a report to the responsible organization management. These reports must be-mainta'ined in an auditable form, available -for inspection for a period of 3 years.
6 73.40 [ Amended).
12.
In 5 73.40, paragraphs (b), (c), and (d) including footnote 1, are removed.
13.
In 6 73.46, paragraphs (g)(6) and (h)(1) are revised to read as.
follows:
I 73.46 Fixed site physical protection systems, subsystems,
' components, and procedures.
(g) Test and Maintenance Proarams. ***
(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, 15
y io' 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 connitments established for response by local law enforcement authorities. The resul+', 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 olans and orocedures.
(1) The licensee shall establish, maintain, and follow an NRC-approved safeguards contingency -
plan for dealing with threats thefts, and radiological sabotage related to the strategic special nuclear material and nuclear facilities subject to the.
provisions of this section. Safeguards contingency plans must be in accordance with the criteria in Appendix C to this part, " Licensee. Safeguards Contingency Plans." Contingency plans must include, but not be limited.to,:
the response requirements in paragraphs (h)(2) through (h)(5) of. this section.
The licensee shall retain a copy of the current safeguards contingency plan as a record until the Commission' terminates the license and, if any portion of-the plan is superseded, retain that superseded portion for 3' years.
14.
In 173.50, paragraphs (g)(1) and (h) are-revised.to read as follows:
5 73.50 Requirements for physical protection of licensed activities.
(g)
Response recuirement.
(1) The-licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related.to the special nuclear material and nuclear facilities subject to the provisions of this section.
' Safeguards contingency plans must be in accordance with'the criteria in-Appendix C to this part, " Licensee Safeguards Contingency Plans." The licensee-shall retain a copy-of the current safeguards contingency plan and.each change.
.j 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:
ye ars '.
)
16
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(h)
Each licensee shall-' establish, maintain', and follow an NRC-approved-
> raining and qualifications plan outlining.the processes by which guards, watchmen, armed response persons, and other members of the security; l
3 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 f 73.55, paragraphs (b)(4)(ii), (d)(7)(1) introductory text, (g)(4), and (h)(1) are revised to read as follows:
'I s 73.55 Requirements for physical protection of licensed activ'ities 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 willLbe 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 oualifications plan j
as a record until the Commission terminates the license for'which the~ plan was 1
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 I
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.
i (d)
-(7)'***
(i)
Establish an access' authorization system to limit unescorted. access' f
to. vital. areas durin'g 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' a
not be-authorized except for good cause shown to the licensee. To achieve i
this, the licensee'must-I i
17-l
- o S,
(g).
(4) The' security program must be reviewed at!'least every 12 months by individuals indeuer.dsnt 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) Besoonse reauirement.
(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 9 73.60, the introductory 3aragraph and paragraph (e) are.
revised to read as follows:
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 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 J
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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.
1 (e)- Response reouirement.
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.
SafeguardsJ contingency plans must be in accordance with the criteria in Appendix'C to this part, " Licensee Safeguards Contingency Plans."=
17.
In i 73.67, the introductory text of paragraphs' (c), (d), and (f).
and paragraph (c)(2) are revised to read as follows:
5 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 moderate strateoic sianificance.
Each licensee who possesses, stores, or uses quantities and types of special nuclear msterial of moderate strategic.
significance at a fixed site or contiguous sites except-as allowed by paragraph (b)(2) of this section aad except those who are licensed to operateL i
a nuclear power reactor pursuant to Part 50, shall:
(f)
Fixed site reouirements for special nuclear material of low strateoic sianificance.
Each licensee who possesses, stores, or uses.special 19-
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nuclear material o'f 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 s 73.70, paragraph (c) is revised to read as follows:
5 73.70 Records.
(c) A register of visitors, vendors, and other isdividuals not' employed by the licensee pursuant to il 73.46(d)(13), 73.55(d)(6), or 73.60.
she
-licensee shall retain this register as a ' record for 3 years after th) 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 SECURITY PERSONNEL Introduction Security personnel who are responsible for the protection of special nuclear material on site and in transit an'd 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 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 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-
=-
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[
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 -- LICENSEE SAFEGUARDS CONTINGENCY PLANS Intyeduction 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 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-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 6 70.22(1) of Part 70 of this chapter.
1.
21
7 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 prcgram. The review must include an audit of safeguards contingency procedures and practices and a test of the safeguards system along with commitmentt 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 pl=9t 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
-0F 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 175.4, paragraph (f)(1) is revised to read as follows:
I 75.4 Definitions.
(f)
" Effective kilogram" means a unit used in safeguarding v"-%ar material. The quantity is:
22
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-(1) ' For special nuclear material:. The amount specified in 9 70.4 of this chapter.
Dated at Rockville, Maryland this
' day of
,19 91. _.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
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P 23
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DAILY STAFF NOTE T0'THE COMMISSION 0FFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Sioned by EDO On
, 1991, the Executive Director for Operation (ED0) approved a final-rule that would amend 10 CFR Parts 70, 72, 73, and 75,
" Minor Amendments to the Physical Protection Requirements."- The proposed 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 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:EDO.has received this
~
final rule and proposes to forward it en to the Office of the Federal Register for FR publication, unless otherwise directed by the Commission.
24
i' Anoroved for Publication The Commission delegated to the E00 (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 limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Directive for Operations,' paragraphs 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 my rulemaking authority and am proceeding to issue it.
Date James M. Taylor Executive Director for Operations.
4 25
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UNITED STATES
~ NUCLEAR REGULATORY COMMISSION -
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. WASHINGTON, D. C. 20555 -
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J The Honorable Peter HL 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 Reaister for_ publicationi;the =.
. enclosed final amendments to the..Cognission's rules in 10 CFR Parts 70,'72, 73, and 75..The' final changes will:
(1
'(2) delete action dates that no' longer ap) ply,- (3) correct outdated terms an cross' references,f(4) clarify wording that is susce
. interpretations, (5) correct typographical-errors, ptible-toidiffering changes.
.and:(6) make.other mino'.r These minor amendments affect the public, industry, and the NRC only insofarj as they 'make the regulations easier to understand,; implement,i'and enforce.
Sincerely,
- b Eric S. Beckford, 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
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1 1
y IDENTICAt-LETTERS TO:
-Chairman Bob Graham, Senate Subcommittee on Nuclear Regulation-cc: Alan K. Simpsoni Chairman Philip R; Sharp,-House Subcommittee on Energy:and Power The 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 Reoister 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
-0FFICE:RDB:DRA RDB:DRA RDB:DRA DD:DRA D:DRA DD:GIR D:RES NAME:.STurel JTelford SBahadur FCostanzi BMorris CHeltemes-EBeckjord-
'DATE:
/ /91
. / l/91
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-OFFICE:~GPA:CA -EDO
' /91
/- /91
~NAME:
DRathbun JTaylor DATE-
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/ /91 0FFICIAL RECORD COPY 11
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2 The Honorable Peter H. Kostmayer Distribution: [MA CONG) subj-circ-chron Reading Files ESBeckjord CHeltemes BMorris FCostanzi SBahadur JTelford STurel JTaylor, ED0 DRathbun, OCA
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j The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee'on Environment and Public Works ai United States Senate.
i Washington,-DC 20510
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,-
e 73,.and 75. The final changes will: '(1 supplement the definitions section'-
(2). delete action dates that no longer ap) ply,-(3) correct. outdated terms.and.L cross references, (4) clarify wording-that is susceptible to: differing -
interpretations, (5) correct typographical errors, and'(6).makeLother; minor changes.-
LThese minor amendments affect the public, industry, and the NRC 'only insofar 5
as they make the regulations easier to understand, implement, and enforce.
Sincerely,n l
t Eric S. Beckjord,~ Director i
Office of Nuclear Regulatory Research_
u
Enclosure:
Final Amendment to
{
- rules-in 10 CFR Parts.
~
70, 72,'73, 75' cc: The Honorable Alan K. Simpson
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WASHINGTON, D. C. 20555 1 o,.
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- The Honorable Philip: R. Sharp, Chairman Subcommittee on Energy and Power
<P Committee.on Energy a:,d Commerce 41 United States House of Representatives
.j Washington, DC 20515 l
Dear Mr. Chairman:
l The NRC-has sent to the Office of the-Federal-Reaister;for publication. thel enclosed final amendments.to the Commission's rules.:in'10 CFR Parts (70;;72,c l
73, and 75. The final changes will:
(1) supplement the definitionsLsections, n
(2) delete action dates that no-longer apply, (3) correct outdated; terms;and.
.i cross reference ~s,' (4) clarify wording.that-is susceptible"to differing!
interpretations, (5) correct typographical errors, and. (6) make other minorL
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changes.
cl These minor amendments affect the public, industry, and1the NRC onlyLinsofar
't as they make.the regulations easier.to understand, implement,.and. enforce.
Sincerely,,
1 Eric S. Beckjord, Directori Office of Nuclear Regulatory Research
Enclosure:
1
' Final Amendment'to rule'sLin 10 CFR. Parts 1
'70,'72, 73, 75 ci cci The Honorable Carlos J.' Moorhead u
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,,a DRAFT MEMORANDUM FOR:
Eric S. Beckjord, Director Office for Nuclear Regulatory Research FROM:
Edward L. Jordan, Chairman Committee to Review Generic Requirements
SUBJECT:
FINAL RULE ON HINOR AMENDMENTS TO PHYSICAL PROTECTION Your memorandum of December 23, 1991 expressed the view that the subject rulemaking does not warrant full CRGR review.
You indicated that, with one possible exception, the' amendments merely add definitions for common terms, correct out dated terms and clarify wording that is susceptible to differing interpretations. The possible exception involved restoring in 73.55(d)(7)(1) of a sentence that had been inadvertently omitted during a previous amendment.
A backfit analysis for that sentence was included in the proposed rule which was published for comment.
Dennis Allision of the CRGR staff reviewed the proposed amendment and discussed it with Stanley Turel of RES. As discussed in the package, the restoration of the sentence does not change requirements because, when the sentence was deleted, the requirements remained in force by virtue of a more general preceeding sentence that was never deleted.
The sentence being restored is the same one as was originally in the rule.
The statement of considerations clearly states how it will be interpreted.
The package was circulated to CRGR members on a negative consent basis.
Based on your representations and reviews described above, and in accordance with the CRGR Charter, no further CRGR review is necessary.
Edward L. Jordan, Chairman Committee.to Review Generic Requirements Dis;.Ibution:
S. Turel, RES J. Conran
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