ML20045E243
| ML20045E243 | |
| Person / Time | |
|---|---|
| Issue date: | 07/10/1992 |
| From: | Morris B NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Sniezek J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-019, AD3-2-19, NUDOCS 9307010284 | |
| Download: ML20045E243 (1) | |
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M 10 g F.b/C NOTE FOR:
James H. Sniezek, Deputy Executive Director for Nuclear Reactor Regulation Regional Operations and Research Office of the Executive Director for Operations FROM:
Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
MINOR AMENDMENTS TO THE PHYSICAL PROTECTION REQUIREMENTS, 10 CFR PARTS 70, 72, 73, AND 75 The subject final rulemaking was provided to the EDO by memo from Eric Beckjord on March 25, 1992.
Subsequently, you referred it to NRR for reconsideration of inserting a sentence in 9 73.55(d) on " access to vital areas" that was inadvertently omitted in 1986. On June 26, 1992 Brian Grimes recommended that the sentence not be inserted and provided revised wording for the statement of consideration to address the concern of licensees opening up vital areas to public tours.
The final rulemaking (Enclosure 1) has been revised as indicated in the change pages from Brian Grimes (Enclosure 2).
Oklaal Signed Byg Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research
Enclosure:
As stated See previous concurrence Rh OFFC:RES:RDB*
RES:DRA*
NAME:JTel ford /es FCostanzi
/BMorris DATE:07/08/92 07/08/92 1 7/ Y /92 0FFICIAL RECORD COPY DISTRIBUTION:
(w/o enclr.)
subj-circ-chron ESBeckjord PDwyer, NMSS CJHeltemes DCarlson, NRR BMorris FCostanzi JTelford TTse
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9307010284 930512 PDR PR 70 57FR33426
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AL 101992 NOTE FOR:
James H. Sniezek, Deputy Executive Director for Nuclear Reactor Regulation Regional Operations and Research Office of the Executive Director for Operations FROM:
Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
MINOR AMENDMENTS TO THE PHYSICAL PROTECTION REQUIREMENTS, 10 CFR PARTS 70, 72, 73, AND 75 The subject final rulemaking was provided to the ED0 by memo from Eric Beckjord on March 25, 1992.
Subsequently, you referred it to NRR for reconsideration of inserting a sentence in s 73.55(d) on " access to vital areas" that was inadvertently omitted in 1986.
On June 26, 1992 Brian Grimes recommended that the sentence not be inserted and provided revised wording for the statement of consideration to address the concern of licensees opening up vital areas to public tours.
The final rulemaking (Enclosure 1) has been revised as indicated in the change pages from Brian Grimes (Enclosure 2).
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10 CFR PARTS 70, 72, 73, and 75 1
RIN: 3150-AD03 Minor Amendments to the Physical. Protection Requirements l
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' AGENCY: Nuclear Regulatory Commission.
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ACTION:
Final rule.
SUMMARY
The. Nuclear. Regulatory Commission (NRC); is amending.its regulations; 7q that cover the physical protection of special nuclear material.
These?
amendments will (1) supplement the' definitions section, (2).i elete: action:
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' dates that no. longer apply, (3) correct outdated terms and cross. references,-
(4) clarify wording that is susceptible to diffe' ring interpretations ~,-(5) q correct typographical errors, and-(6) make other minor changes. The amendments are. the result.of a systematic review of.NRC's safeguards:;.
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- EFFECTIVE DATE:
[ Insert a date 30 days aft _er publication-in-the~
Federal Reaister.]
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p' 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) 504-2478; 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) 504-3212.
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 Augustr15,1989 (54cFR 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 here with 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 9
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safeguards contingency plan is included in each of the sections'of the
. regulations covering recurity requirements for the specific class of licensee (i.e., il 73.20, 73.25, 73.26, 73.40, 73.46, 73.55, 73.60).
2.
To avoid possible confusion, definitions of the commonly used. terms Category I, Category II, and Category III have been added to the definitions sections of 10 CFR Parts 70 and 73.
A formula quantity of strategic special nuclear material is sometimes referred to as a Category I quantity'of material; special nuclear material of i
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 Categoc III quantity of material,
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The current regulations do not include these category designations,.although they are sometimes used.
3.
Inconsistencies among the general' auditing requirements have been removed for the safeguards contingency plans and physical security programs of transportation and fuel cycle licensees who possess Category I material.
Inconsistencies in both the content of the audits and resultant follow-up. actions have been eliminated.
The record retention _ period for results of these audits.is being made consistent at 3 years.
'4.
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,..." have been grammatically changed.o j
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 6he.
introductory language of applicable regulations.
Action dates that have 8
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4 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 regulationsLhave bcen clarified whereithe-wording was susceptible to differing interpretations.
The notification requirement for changes to the safeguards contingency plan that do notl 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.
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 reuponsible-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?
J the'NRC Public Document Room at 2120 L Street NW. (Lower. Level), Washington,
'DC.
All~three commenters addressed only the amendment _that would restore 1the sentence-inadvertently omitted,.while amending the physical protection requirements in-1986, from 6 73.55 (d), Access Requirements.
It reads:
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" 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 follows the requirement in s 73.55 (d)(7)(1) 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."
The first commenter stated that the restrictions, presumably made explicit by the inserted sentence, should be withdrawn to allow tours with'the provision of appropriate security measures to ens'.re plant safety and that "This change would limit access to nuclear plant vital areas even'when under escort." Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarificat;on was ' equired.
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" good cause" were provided by the Comn.ission in the rule and if additional guidance were provided as to what constitutes nonwork-related activities.
The NRC agrees that the subject sentence is not clear, particularly.with respect to how it applies to escorted persons, and has decided not to reinsert the sentence.
As stated in item 5 of the Supplementary.Information published; with the proposed rule, the NRC was concerned that the inadvertent omission of--
the sentence would be construed as a "' signal' that vital. areas could be-
' opened'up' to 'public sightseeing tours' or 'open house visits'.without close.
-licensee oversight." The NRC continues to be concerned about unnecessary:
escorted personnel. traffic in v. ital areas, especially the ~ control room, but considers that licensee security plans generally provide an adequate basis for.
the control of such practice. The NRC concludes that licensee security-plans,-
in implementing 10 CFR 73.55(d)(7), would not permit licensees to grant access 5
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to persons, either unescorted or escorted, who have no legitimate purpose for such access.
Further, prior to granting escorted access, licensees would consider the number of visitors each escort wculd be allowed to monitor and other controls.
Means of achieving the purpose of the visit without entering vital areas also would be considered (e.g., touring the control room simulator.
rather than the control room).
Examples of legitimate small tours, which might include brief access to vital areas, are visits by government officials, the press, or local science teachers.
In summary, visitors should not be permitted access to vital areas at operating sites unless there is a good reason and due consideration is given to plant and personnel safety and radiological concerns.
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.
1 Paperwork Reduction Act-Statement
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This final rule does not contain a new or amended information collection:
r 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 LBudget-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-
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.6 for Part 75.
Regulatory Analysis These minor amendments impose no new restrictions or requirements,.and'
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therefore, have no significant impact.
Accordingly, a regulatory analysis'is
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considered not necessary and has not been prepared.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act cf 1980-(-5 U.S.C.
J' 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,.
the amendments merely reverse who receives the original and who receive's.the:
copy..The-other changes are of an administrative nature and, therefore, do not alter the current implementation of the regulations by a licensee.
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.Backfit Analysis.
.c The NRC has~ determined that the backfit rule,' 10 CFR 50.109, d' oes not:
apply to this final rule because these amendments do not Limpose requirements on Lexisting 10 CFR Part 50 licensees.' Therefore, a backfit ' analysis-is:not required 'for this final rule.
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4 List of Subjects in 10 CFR Parts 70, 72, 73, and 75 Part 70 - Criminal penalties, Hazardous materials - Transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific t
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 materials, 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 OF SPECIAL NUCLEAR MATERIAL
- 1.
The authority citation;for Part 70 is revised to 'ead as'follows:
r Authority:
Secs. 51, 53, 161, 182,-183, 68 Stat. 929,.930,.948, 953, 954,.asvamended, 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, F
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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. 10135, 10161).
Section'70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951-(42 U.S.C. 5851).
Section' 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat.-954,'as-amended (42 U.S.C. 2234).
Section 70.61 also issued.under secs. 186,.187, 68-Stat. 955.(42 U.S.C. 2236, 2237).
Section 70.62 also' issued under.sec 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$ 5 70.3, 70.7(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 161o,.68 Stat. 948, 949, and-950, is amended (42 U.S.C. 2201(b), 2201(i) and 2201(o)); ls 70.7, 70.20a (a),nd.
(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(i));
and 19 70.5,' 70.9, 70.20b (d) and (e), 70.38, 10.51 (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, r.s i. mended'(42 U.S.C.
2201(o)).
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.4 2.
Section 70.4 is amenced 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:
i 70.4 Definitions.
"Lontigunus sites" means licensee controlled locations, deemed by the Commissina. Lo be in close enough proximity to each other, that the special nuclear material must be considered in the aggregate for the purpose of physical protection.
" 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 0-233 + grams plutonium).
This classyof 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.
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"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 str'ategic 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 s
the equation, grams =(grams contained U-235) + 2(grams U-233 +Lgrams plutonium); or (2) 10,000 grams lor more of uranium-235-(contained in uranium enriched
.to 10 percent or more but'less than 120 percent in' the U-235 isotope).-
11-Y.
This class of material is sometimes referred to as a Category II quantity of material.
3.
In 170.19, paragraph (a)(2) is revised to read as follows:
1 70.19 General license for calibration or reference sources.
(a)
(2) Any Government agency as defined in 5 70.4 that holds a specific license issued by the Commissinn that authorizes it to receive, possess,_use, or transfer byproduct material, source material, or special nuclear material; and 4.
In.170.22, phragraphs (h)(1) and (k) are revised to read as follows:
4 9 70.22 Contents of applications.
7, (h)(1)
Each application for a license to possess or use at any s'ite.or-contiguous _ sites subject to licensee control, a formula quantity of strategic special nuclear material as defined in 9 70.4,Jother than a licensef 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 ph/sical 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 is-73.20, 73.40, 73.45,~73.46,-73.E0, 73,60, 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 12 m----u m-m
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' demonstrate compliance with such requirements.
w (k). Each application for a license to possess or use at any site or contiguous sites subject to licensee control, special nuclear material of.
moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under 9 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) of 9 73.67, as appropriate.
The licensee shall-retain a copy of this physical security plan Las a record l for the period during which the licensee possesses the appropriate type and.
quantity of special nuclear material under.each license, and if 'any portion of the plan is superseded, retain that superseded portion of the plan for 3 years after the effective date of the change.
5.
In i 70.32, paragraph (c)(3) is removed and paragraph (g) is revised to read as follows:
I 70.32 Conditions of licenses.
4 (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 the
= current safeguards contingency plan procedures as'a record for-the entire period during which the licensee possesses the appropriate type and quantity
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of special nuclear material 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 after the effective date of the change. The licensee shall not make a change that would decrease the safeguards effectiveness of the first four categories of information (i.e.', _ Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix) contained in any licensee safeguards contingency plan prepared pursuant to is 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 libensee
' desiring to make such a change shall submit an application for an ~ amendment to its license pursuant to 6 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 i
maintain each change to the plan made without prior approval as a record during the period for which possession of a formula quantity of special nuclear material is authorized under a license and retain the superseded-portion for 3 years after the effective date of the change and shall furnish a r
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 ar copy to the Regional Administrator of_ the appropriate NRC Regianal Office as specified in Appendix A to Part 73 of this chapter.
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'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.
t 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. Le 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.
-l 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 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.
L 10198).
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s 4 for the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); _
ll 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a), (b)(1), (4),
(5), (c), (d)(1), (2), (e), (f), 72.46(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, l
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)); il 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, 72,196, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat. 949, as amended (42-U.S.C. 2201(i)); and E l 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),72.56,72.70,172.72,72.74(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 i 72.184, paragraph (a) is revised to read as follows:
I l 72.184 Safeguards contingency plan.
(a)
The requirements 'of the licensee's safeguards contingency plan-for 16
. c responding to thre'ats and radiological sabotageL 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 four categories of information relating to nuclear facilities licensed under 1
Part 50 of this chapter.
(The fifth and last category of information, Procedures, does not have to be submitted for approval.)
~
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, set, 147, 94 1
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);
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)); 5 6 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),
s 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
- i (4)(111)(1 ), 73.57, 73.70, 73.71, and _73.72 are issued under sec.1610, 68 B
l 17 1
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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 i
"Special nuclear material of low strategic significance" to read as follows:
9 73.2 Definitions.
" Contiguous sites" means licensee controlled locations, deemed-by the ;
Commission to be in close enough proximity to each other, that the special nuclear material must be considered in the aggregate for the purpose of physical protection.
" 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:
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 isstope) or-15 grams of-uranium-233 or-15' grams of plutonium or the combination of 15 grams when computed by the equation,
~
18 l
4
- 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. uran'tum-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 i 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.
19
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s-e a
a
=a (b)
(2)
Is designed with sufficient redundancy'and diversity to ensure maintenance of the capabilities described in il 73.25 and 73.45; (3)
Includes a safeguards contingency capability that can meet the criteria in Appendix C to this part " Licensee' Safeguards Contingency Plans;"
and (c)
Each licensee subject to the requirements of paragraphs (a) and (b)-
of this section shall establish, maintain, and follow NRC-approved safeguards physical protection and safeguards contingency plans that describe how the licensee will comply with the requirements of paragraphs (a) and (b) of this section.
11.
In 173.26, paragraph (h)(6) is revised to read as' follows:
1 73.26 Transportation physical protection systems, subsystems, components, and procedures.
-(h)
Test and Maintenance Procrams. ***
(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 implementationf of.the security-
- program.
The review must include an audit of transportation security procedures and practices, an evaluation of 'the effectiveness' of_ the transportation physical protection system,Lan audit of_the transportation physical protection system testing and maintenance' program, and an audit of
-commitments established.for response by local law enforcement authorities.
1 20
/
1 The results and recommendations of the review, management's findings on l
whether the transportation security program is' currently effective,.and any-actions taken as a result of recommendations from prior reviews, must be documented in a report to the responsible organization management and to.
i corporate management at least one level higher than that having responsibility for the day-to-day plant operation.
These' reports must be maintained in an auditable form, available for inspection for a per.iod of 3 years.
5 73.40 [ Amended].
.I L
12.
In s 73.40, paragraphs (b), including footnote-1, (c), and (d) 'are removed.
13.
In 5 73.46, paragraphs (g)(6) and (h)(1) are revised to read as follows:
6 73.46 Fixed site physical protection systems, subsystems, components, and procedures.
~
t (g)- Test-and Maintenance procrams. ***
(5) The security program must_be reviewed at least'every 12 months by.
'i'ndividuals independent'of-both security program management and personnel who 9
have direct responsibility for implementation of the security' program. The security program review must include an.auditlof security procedures-and-practices, an ' evaluation of the' effectiveness of the physical protection system, an audit of the physical protection system testing:and maintenance 21
'E
program, and an audit of commitments established for response by local law enforcement authorities.
The results and recommendations of the security program review, and any actions taken, must be documented in a report to the licensee's plant manager and to corporate management at least one level higher than that havirg responsibility for the day-to-day plant operations. These reports must be maintained in an auditable form, available for inspection for a period of 3 years.
(h) Continaency and response olans and procedures.
(1) The licensee shall establish, maintain, and follow an NRC-approved safeguards contingency.
plan for responding to threats, thef ts, 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 limited to, the response requirements listed in paragraphs- (h)(2) thr'ough (h)(5) of this section.
The licensee shall retain the current safeguards contingency plan as
{
a record until the Commission terminates the license and, if a'ny portion of-the plan is superseded, retain that superseded portion for 3 years after the effective date of change.
14.
In s 73.50, paragraphs (g)(1) and (h) are revised to read as-follows:
l l 73.50 Requirements for_ physical-protection of ' licensed activities.
22
/
i s
(g)
Response recuirement.
(1)
The licensee'shall establish, maintain, and follow an NRC-approved safeguards contingency plan for responding to threats, thefts, and radiological sabotage related to the special nuclear i
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 I
licensee shall retain the current safeguards contingency 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 after the effective 'date of the change.
(h)
Each licensee shall establish, maintain, and follow an NRC-approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and-qualified to ensure that these individuals meet the requirements of paragraph (a)(4) of this section.
15.
In 6 73.55, paragraphs (b)(4)(ii), (g)(4), and (h)(1) are revised L
to read as follows:
6.73.55 Requirements for physical protection of licensed, activities in nuclear power reactors against radiological sabotage.
1 23 l
(b)***
(4)***
(ii) Each licensee shall establish, maintain, and follow an NR(,-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 the current training and qualifications plan as a record until the Commission terminates the license. for which the plcn was developed and, if any portica of the plan is superseded, retain that superseded portion for 3 years after the effective date of the change.
The training and qualifications' plan must include a scht.dule 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.
+
(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 responsibiiity for implementation of the security program.
The security program review must include an audit of security procedures and practices, an evaluation of the effectiveness of the physical' protection system, an audit of the physical protectior. system testing and maintenance program,.and an. audit of commitments established for response by local law enforcement authorities.- The results and recommendations of the security-.
program review, management's findings on whether the security program-is 24
I c.;
Jcurrently 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 and to corporate management at least one level higher than that having.
responsibility for the day-to-day plant operation. These repor'ts must be maintained in an auditable form, available for inspection, for a period of 3.
years.
(h)
Response recuirement.
(1)
The licensee shall establish, maintain and follow an NRC-approved safeguards contingency plan for responding to:
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 i
Safeguards Contingency Plans."
l
- 16. In i 73.60, the introductory paragraph and. paragraph.(e) are revised is read as follows:
9 73.C c tional requirements for the physical protection of special-nuclear material at nonpower reactors.
Each nonpower reactor licensee who, pursuant to the requirements of Part 70, 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 isotopc), uranium-233, or plutonium,.alone or 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),
shall protect: the -
special nuclear. material from theft.or diversion pursuant to'the requirements of paragraphs 73.67(a), (b), ;.
and (d),-in audition to this section, except~
25
.4 L!
that a licensee is exempt from the requirements of paragraphs (a)', (b), (c),
(d),.and (e) of this section to the extent that it possesses or uses special nuclear material that. is not readily separable from other radioactive material' and that has a total external radiation dose-rate in' excess of 100 rems per hour at a distance of 3 feet from any accessible surface without intervening-shielding.
(e)
Response reouirement.
Each licensee shall establish, maintain,.and follow an NRC-approved safeguards contingency plan ~ for responding __to 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 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 sfg -
nificance, ;or 10 kg or more of special nuclear material-of low. strategic significance shall:
26 l
96 m
(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 writihg, implement the approved security plan.
(d)
Fixed site reauirements for soecial nuclear material of moderate strateoic sionificance.
Each licensee who possesses, stores, or uses quantities and types of special nuclear material of moderate ~ strategic significance at a fixed site or contiguous sites, except.as allowed by paragraph (b)(2) of this section and except those who are licensed'to operate a nuclear power reactor pursuant to Part 50, shall.:
L (f)
Fixed site reauirements for special nuclear material of low strateaic sionificance.
Each licensee who possesses, stores,'or uses special.
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 173.70, paragraph (c) is revised to read as follows:
I 73.70 Records.
-(c)
A register-of visitors, vendors, and other individuals not employed-by the licensee pursuant to s s 73.46(d)(13), 73.55(d)(6), or 73.60. The licensee shall retain.this register as a record, available for inspection, for 3 years after the last entry is madelin the register.
i
- j*
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6,,
g.
19.
In Appendix.B to Part 73, the Introduction is revised to read-as follows:
APPEN0lX 8 TO PART 73 - GENERAL CRITERIA FOR-SECURITY PERSONNEL Introduction Security personnel who are responsible for the protection of special nuclear material on site or in transit and for the protection of the facility or' shipment vehicle against radiological sabotage should, 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 respcnsible 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 l facilities, and nuclear shipments.
When required to have security personnel that have been train'ed, equipped, and qualified to perform assigned security job duties in acc'ordance-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 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.
28 w
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- 20. In Appendix C tolPart 73, the Introduction is revised and'a new section on Audit and Review is added to read as follows:
APPENDIX-C TO PART 73 - LICtnSEE SAFEGUARDS CONTINGENCY PLANS Introduction A licensee safeguards contingency plan is a documented plan toLgive 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 v.
stated objectives, (2) an identification of the data, criteria, procedures,.
and mechanisms necessary to efficiently. implement the decisions, and L(3)La stipulation of the individual, group, or organizational entity? responsible for-each decision and action.
The goals. of licensee safeguards con'tingency. plans. for responding'to <
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 ensponses 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.
29 t
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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 or to i 70.22(i) of this chapter.
Contents of the Plan.
Audit and Review' At intervals not to exceed.12 months, the licensee shall provide for:a' review of the safeguards contingency plan by individuals independent of both i
security program management and' p'ersonnel who have direct responsibility for implementation of the security program.
The review must-include'an' audit of-safeguards contingency. procedures-and practices, and an audit' of. 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 on whether the.
safeguards contingency plan is currently effective,.and any actions taken as.a.
result of recommendations from prior reviews in a report to the licensee's plant manager and to corporate management at least-oneslevel higher than that' havir responsibility for the day-to-day. plant operation. The. report must be maintained in an auditable form, available.for inspection for a period.of 3
- years.
.s.
b
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'PART 75.-- SAFEGUARDS.ON NUCLEAR' MATERIAL - IMPLEMENTATION 0F US/IAEA AGREEMENT l.
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 6 75.4, paragraph (f)(1) is revised to read as follows:
6 75.4 Definitions.
(f)
" Effective Kiloaram" means a unit used in safeguarding nuclear material. The quantity is:
q I
's 31 l-J
,1-o (1)
For special nuclear material:
The amount specified in s 70,4 of this chapter.
Dated at Rockville, Maryland this
//
day of l.b
, 1992, 9
For the Nuclear Regulatory ission.
'. t J
e/M. Taylor #
x (utive Director for %
OpeTations.
32
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July 28, 1992 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 administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce.
Sincerely, Original signed by/
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Amendments to 10 CFR Parts 70, 72, 73, and 75 cc:
Representative Carlos J. Moorhead Distribution:
[CONG.LET]
Subj-circ-chron Reading Files \\SBahadur EBeckjord CHeltemes BMorris FCostanzi JTelford STurel Offc:
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- The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power S
Committee on Energy and Commerce United States House of Representatives
[~
' Washington, DC 20515
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission '(NRC) has sent to th/0ffice of the Federal Register for publication the enclosed proposed ' amendment to extend the fitness-for-dutyrequirementscontainedin10'CFRPartfitolicensees-authorized to possess, use, or transport Category I Material, i.e., a formula.
quantity of strategic special nuclear material (SSNpf.. This amendment will provide greater assurance that those employees wh 4 ave a drug or alcohol problem will not have unescorted access to, will ot be responsible for transporting, will not guard, will not be invo ed in the measurement of Category I Material, and will. not be respons )le for the ' safeguards records.
Those eroployees who have s drug or alcohol roblem and who have access to Category I Material or associated records could be more easily coerced into participating in a diversion of SSNM.
is situation could become a safeguards problem which would be ini cal to the national defense and security.
Existing regulations do n address this problem for licensees who possess, use, or. transport Categor I Material.
-Sincerely, Dennis K. Rathbun Office of Congressional Affairs
Enclosure:
As stated cc:
Representative C los J. Moorhead
. Distribution:
[FFD NG2.WRI]
Subj-circ-chron Reading Files \\SBa adur DRathbun (OCA)
JMTaylor (EDO)
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-Name: 'JMTaylor-
,DRathbun;
' Date: 102/ /92
-02/ /92 0FFICIAL RECORD COPY 1
.)
7 The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce f
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) correctf 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 administrativa changes have no significant, impact and affect the public, industry, and NRC only insofar as they make the, regulations easier to undtrstand, implement, and enforce.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Amendments to 10 CFR Parts 70,
/
72, 73, and 75
/
Representative Carlos J./Moorhead cc:
Distribution:
[CONG.LET]
Subj-circ-chron
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8
~
.The Honorable Bob Graham, Chairman 1u Subcommittee on Nuclear Regulation
. Committee on Environment and-Public Works in United States-Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Reaister for publication the-enclosed final arnendments 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 administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
L Final' Amendments to 10 CFR Parts 70, 72, 73, and 75 cc:
Senator Alan K. Simpson Distribution:
[CONG.LET)
Subj-circ-chron Reading Files \\SBahadur EBeckjord CHeltemes BMorris FCostanzi JTelford Slurel
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i The Honorable Bob Graham, Chairman Subcommit. tee 'on Nuclear Regulation Committee on Environment and~ Public Works
/
United States-Senate
/
Washington, DC 20510.
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the -
Federal Register for publication the enclosed propose'd amendmen / o extend the t
fitness-for-duty requirements contained in 10 CFR Part 26 to censees authorized to possess, use, or transport Category I Materia,
i.e., a formula quantity of strategic special nuclear material (SSNM). -T4ts amendment will provide greater assurance that those employees who have a' drug or alcohol problem will not have unescorted access to, will not b / responsible for transporting, will not guard, will not be-involved.in he measurement of Category I Material, and will not be responsible for the safeguards records.
Those employees who have a drug or alcohol problem nd who.have: access to Category I Material or associated records, could
-more easily coerced into-participating in a diversion of SSNM. This situ tion could become a safeguards problem which would be inimical to e national defense and-security.
Existing regulations do not addres this problem for licensees who possess, use, or transport Category I Materi Sincer ly,.
D nis K. Rathbun, Director ffice of Congressional' Affairs
Enclosure:
As stated cc:
Senator Alan K. Simpson Distribution:
[FFDCONG2.WRI]
Subj-circ-chron Reading Files \\SBahadur DRathbun (OCA)
JMTaylor (EDO)
EBeckjord CHeltemes BMorris FCostanzi
- JTel ford STurel
- See Previous Concurrence Q
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.Name:
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02/12/92 0 25/92 02/28/92 03/16/92
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Name: JMTaylor-D thbun Date:
02/ -/92 0/ '/92
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OFFICIAL RECORD COPY
p
.j The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation j
Committee on Environment and; Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal 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 administrative changes have no significant impact and affect the public, industry, and NRC only insofar as they make the regulations easier to understand, implement, and enforce.
. Sincerely, f
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Amendments to 10 CFR Parts 70, 72, 73, and 75 cc: Senator Alan K. Simpson Distribution:
[CONG.LET]
Subj-circ-chron Reading Files \\SBahadur EBeckjord CHeltemes
-yfpport.
IW os zi JTelford f
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EDO OCA:
Name: -JMTaylor-DRathbun Date:
02/ /92 02/ /92 0FFICIAL RECORD COPY
h 3;
3
- 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. Chairma~n:
The U.S. Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publicat;on the enclosed proposed amendment to extend the fitness-for-duty requirements contained in 10 CFR Part 26 to licensees authorized to possess, use, or transport Category I Material, i.e., a formula.
quantity of strategic special nuclear material (SSNM). This amendment will provide greater assurance that those employees who have a drug or alcohol problem will not have unescorted access to, will not be responsible for transporting, will not guard, will not be involved in the measurement of Category I Material, and will not be responsible for the safeguards records.
Those employees who have a drug or alcohol problem and who have access to Category I Haterial or associated records, could be more easily coerced into participating in a diversion of SSNM. This situation could become a-safeguards problem which would be inimical to the national defense and security.
Existing regulations do not address this problem for licensees who possess, use, or transport Category I Material.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated cc:
Representative John J.. Rhodes Distribution:
[FFDCONG2.WRI]
Subj-circ-chron Reading Files \\SBahadur DRathbun (OCA)
JMTaylor (E00)
EBeckjord CHeltemes BMorris FCostanzi JTelford
'STurel
- See Previous Concurrence 1
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Name: STurel:lc*'
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- SBahadure FCostanzi* BMorris* CHeltemes* EBeckjord Date: 02/12/92-02/25/92 02/28/92' 03/16/92 03/16/92 03/23/92 02/2 f/92
'Offe:
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-Name: JM <
or DRathbun Date: ' C/ g 92 02/ /92 0FFICIAL RECORD COPY
,