ML20045E262
| ML20045E262 | |
| Person / Time | |
|---|---|
| Issue date: | 07/23/1992 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Callahan M NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-022, AD3-2-22, NUDOCS 9307010306 | |
| Download: ML20045E262 (8) | |
Text
.p 3'
L.
d
,p
- p. W
-'J UNITED STATES
~'
.n E,
,E NUCLEAR REGULATORY. COMMISSION
'Id
- E-WASHINGTON, D C. 20555
%v je 3u3 m w
MEMORANDUM FOR:
Michael Callahan Senior-Congressional Liaison Officer Office of Congressional Affairs FROM:
David L. Meyer, Chief Rules and Directives Review Branch' Division of Freedom of Information and Publications Services Office of Administration
SUBJECT:
TRANSMITTAL OF CONGRESSIONAL LETTERS
' Attached are 6 copies of Congressional letters prepared for the'
.following Federal Register notice:
Minor Amendments to the Physical Protection' Requirements.
The notice was forwarded on July 22, 1992, to the Office of'the Secretary for signature and concurrent publication in the Federal' Register.
O R.%
David L. Meyer, Chief Rules.and Directives Review Branch Division of Freedom of Information and Publications Services Office of Administration
Attachment:
As stated
. ic 9307010306 930512 l
57 33426.j.. qPD
-a
~
'?
{
f PbR
%. e\\
33428 Federal Register / Vol. 57, No.146 / Wednesday, July 29, 1992 / Rules and Regulations.
increase in international commerce Dated: June 23.1992.
FR 33570), proposed amendments serving Orla.ido, Florida.
Gene McNary, consisting of minor corrections and EFFECTIVE D ATE: July 29,1992.
. Commissioner. Immigmtion and changes to its regulations identified by.
pmtecdon of s al nuckar mateM FOR FURTHER INFORMATION COMTACT De comment p@enod ended on p Doc 92m9 %d w 22: 84 ani)
Richard Gottlieb. Assistant Chief sumo coot moao_w Inspector, Immigration and
- September 29,1989.The changes are Naturalization Service. 4251 Street, summarized here with a brief NW., Washington, DC 20530, telephone NUCt1AR REGULATORY discussion.
(202) Su-2m COMMISSION 1.The substence of paragraphs (b),
SUPPLEMENTARY INFORMATION:This (c), and (d) of 10 CFR 73.40 has been final rule adds Orlando, Florida, to the to CFR Parts 70,72,73, and 75 moved to appendix C of 10 CFR part 73 list of ports designated at 8 CFR and combined with the safeguards RIN 3150-A003 214.2(c)(1) as ports where, except for contingency plan specifications already transit from one part of foreign Minor Amendments to the Physical there The requirement for having a contigaous territory to another part of Protection Requirements safeguards contingency plan is included the same territory, application for direct in each of the sections of the regulations transit without visa must be made. The AGENCY: Nuclear Regulatory covering security requirements for the Orlando International Airport in Commission-specific class of licensee (i.e., il 73.20.
Orlando. Florida. has added ACTION: Final rule.
73.25, 73.26,73.40, 73.46.73.55,73.00).
international passenger service.
- 2. To avoid possible confusion,
, The Nuclear Regulatory definitions of the commonly used terms
SUMMARY
specifically arrivals transiting between Western Europe and Central and South Corr. mission (NRC)is amending its Ca tegory 1. Category II, and Category Ill America.In the context of the increase regulations that cover the physical have been added to the definitions in international activity at Orlando, the protection of special nuclear maten. l' sections of to CFR parts 70 and 73.
a airport authority wants to ensure that These amendments will (1) supplement A formula quantity of strategic special they can accommodate these the definitions section, (2) delde action nuclear materialis sometimes referred -
commercial air passengers.
dates that no longer apply, (3) correct to as a Category I quantity of material:
utdated terms and cross references, (4)
Compliance with the provisions of 5 special nuclear material of moderate U.S.C. 553 for notice of proposed asus f e
strategic significance is sometimes w
a rulemaking and delayed effective date is ng rp 5
referred to as a Category Il quantity of a
an m eo unnecessary, because this rule relates to ga material: and special nuclear material of low strategic significance is sometimes agency management. See 5 U.S.C.
result of a aYstematic review of NRC's referred to as a Category III quantity of 553(a)(2).
safeguardmgulauous, material. The current regulations do not In accordance with 5 U.S.C. 005(b). the EFFECTIVE DATE: August 28,1992.
include these category designations, Commh,sioner of the Immigration and Naturalir.ation' Service certifies that this FOR FURTHER INFORMATION CONTACT:
although they are sometimes used.
rule will not have a significant adverse Stanley P.Turel, Regulation
- 3. Inconsistencies among the general economicimpact on a substantial Development Branch. Division of auditing requirements have been number of small entities.This is not a Regulatory A plications. Office of removed for the safeguards contingency major rule within the meaning of section Nuclear Regu atory Research, U.S.
plans and physical security programs of 1(b) of R.O.12291, nor do'es this rule Nuclear Regulatory Commission, transportation and fuel cycle licensees have Federalism implications Washington, DC 20555. Telephone (301) who possess Category I material.
warranting the preparation of a 492-3739; Priscilla Dwyer, Domestic Inconsistencies in both the content of Federalism Assessment in accordance Safeguards Branch, Division of the audits and resultant follow-up with R.O.12612.
Safeguards and Transportation Office actions have been eliminated. The of Nuclear Material Safety and record retention period for results of IJst of Subjects in 8 CFR Part 214 Safeguards U.S. Nuclear Regulatory these audits is being made consistent at Administrative practice and Commission, Washington, DC 20555, 3 years.
procedure, Aliens, Passports and visas, Telephone *(301) 504-2478; or Donald M.
- 4. A def nition for the term Ports of entry. Travel restrictions.
Carlson, Reactor Safeguards Branch,
" contiguous sites" has been added to 10 vision of Reactor hispection and CFR. parts 70 and 73. In the final Federal Regulations is amended as Safeguards Office of Nuclear Reactor definition, the words "* *
- means ggg *.
Regulation, U.S. Nuclear Regulatory locations subject to the control of a PART 214-NONIMMIGRANT CLASSES Commission, Washington, DC 20555, licensee, * * *" have been Telephone (301) 504-3212.
grammatically changed to read 1.The authority citation for part 214 SUPPLEMENTARY INFORMATION:The NRC "* *
- means licensee controlled continues to read as follows:
Safeguards Interoffice Review Group locations * * *"In addition, the words Authority: 8 U.S.C.1101.1103.1184.1186a. 8 has conducted a systematic review of
"* *
- and for the possession, use, or CFR part 2.
the Agency's safeguards regulations and storage of special nuclear material guidance documents to identify areas in * * *" have been deleted from the
$ 2t 4.2 (Amendedl the regulatiom that are out of date, definition since they generally appear in
- 2. As designated in i 214.2 paragraph inconsistent, or susceptible to differing the irtroductory language of applicable 1
(c)(1), the listing of ports of entry interpretations. In doing so, the review regulations; Action dates that have authorized to accept transit without visa group identified other areas in the passed have been eliminated.The n).plications is amended by adding regulations where minor changes are outdated term " industrial sabotage" has "Orlando,11" in alphabetical sequence warranted.The NRC published in the been replaced by the current term immediately ifter " Norfolk, VA."
Federal Register on August 15,1989 (54
" radiological sabotage." Incorrect
3-
. Federal ' Register /.Vol. 57. No.146 / Wainesday.' July.29,1992 / Rules cad Regulations 33427 references to parts of b regulations Commission in the rule and if additional Regulatory Analysis that have been moved or deleted have guidance were provided as to what been corrected, paragraph designations constitutes ronwork-related activities.
Wee minw annendments impose no I
in references,in other parts of the The NRC agrees that the subject new restrictions or requirements, and regulations, to definitions in i 70.4 have sentence is not clear, particularly with themfom, have no sign & ant impact, been removed because those respect to how it applica to escorted Accordingly, a regulatory analysis la designations were deleted in an persons. imd has decided not to reinsert c naidered not necessary and has not amendment published in the Federal the sentr.nce. As stated in item 5 of the been prepared.
Register on April 28,1980 (54 FR 14051).
Supplertentary Information published Regulatory Flexibility Certification Several areas in the regulations have with the proposed rule, the NRC was been clarified where the wording was concerned that the inadvertent omission As required by the Regulatory susceptible to differing interpretations.
of the sentence would be construed as a. Flexibility Act of1980 (5 U.S.C.005(b)).
The notification requirement for changes "' signal' that vltat areas could be the Commission certifies that this rule to the safeguards contingency plan that
' opened up' to 'public sightseeing tours.
will not have a significant economic do not decrease the plan's effectiveness or 'open house visita' without close impact on a substantial number of small has been revised to require that the lioensee oversight." & NRC continues entities.The amendments. as original be sent to the NRC to be concerned about unnecessary promulga ted, are very minor in nature headquarters office with a copy to the escorted personnel traffic in vital areas, and the impact on any licensee is regional office, instead of vice versa.
especially the control room, but minimal. In the matter of reporting Finally, several typographical errors considers that licensee security plans certain changes to the security program, have been corrected.
generally provide an adequate basis for the amendments merely reverse who Summary of Public Comments the control of such practice.& NRC receives the original and who receives concludes that licensee security plans, the copy.h other changes are of an Three lettera of comment were in implementing to CIR 73.55(d)(7),
admhnstrative nature and, therefo e, do received: Two from nuclear power plant would not permit licensees to grant not citer the current implementation of licensees and one from NUMARC, an access to persons, either unescorted or the regulations by a licensee, umbrella organization of the nuclear escorted, who have no legitimate Bedfit Analysis powerindustry whose membership purpose for such access. Ftrrther, prior to includes every utility responsible for gran ting escorted access, licensees The NRC has determined that the constructing or operating a commercial would consider the number of visitors backfit rule,10 CFR 50.100, does not nuclear powerplant in the United each escort would be allowed to apply to this final rule because these States. Omles of comment letters are monitorand othercontrols.Means of
. amendments do not imposc available forpublicinspection and achieving the purpose of the visit rehulroments on existing 10 CFR part 50 copying fora fee at the NRC Public without entering vital areas also would licensees. Wrefore, a backfit analysis Document Room at 2120 L Street NW.
be constdemd (e.g., touring the control is not required for this final rule.
(Lower Level). Washington, DC.
room simulatorrather than the control All three commenters addressed only the amendment that would restore the room). Examples cflegitfmate small tours, widch might incrude brief access 10 CFR Port 70 sentence inadvertently omitted, while to vital areas, are visits by govemment amending the physical protection officials, the press, or local science Wminal penaMes, Hazardous.
requirements in 1986, from I 71.55(d),
teachers. In summary, visitors should materiaMransportadon.Mrial Accees Requirements. It tender
- not be permitted access to vital areas at control and accotmting, Nudear
" Access to vital areas for the purpose operating sites unless there is a good maknak. %h ad when, of general familiarization and other reason and due considerstion is given to Radiation protection. Reporting and nonwork-related activities may not be piant and personnel safety and recordkeeping requirements, Scientific authorized except for good cause shown radiological concerns.
e9uipment Securitymeasu es,Special to the licensee " This sentence follows nudear material.
the requirement in i 73.55(d)(7 EnvironmentalImpact: Categorical the licensee " Establish an acce)s(i) that Exclusion 10 CM PM s
authorization system to limit unescorted The NRC has determined that this Manpower training programs, Nuclear access to vital areas during non-final rule is the type of action described materials, Occupadonal safe'y and emergency conditions to individuals in the categorical exclusion in to CFR health, Reporting and recordkeeping who require accesr,in order to perform 51.22(c)(2). Therefore, neither an requirements, Security measures Spent their duties."
environmentalimpact statement nor an fuel.
i h fitst commenter stated that the environmental assessment has been 10 CFR Parf 73 restrictions, presumably made explicit prepared for this regulation.
I by the inserted sentence, should be Criminal penal ies,Itazardous j
t withdrawn to allow tours with the Paperwork Reduction Act Statement materials-Transportation, 3
provision of appropriate security This final rule does not contain a new Incorporation by reference, Nuclear measures la ensure plant safety and that or amended information collection materials Nuclear power plants and
This change would limit access to requirement sub}ect to the Paperwork reactors, Reporthig and recordkeeping nudear plant vital areas even when Reduction Act of 1980(44 U.S.C. 3501 et requirements, Security measures.
under r.scort." Another cammenter seq.). Existing requirements were 10mPe asser'ed that the inserted sentence approved under the Office of "needs darification" but did not specify Management and Budget approval Criminal penalties, Intergovernmental what additional darification was number 315M000 for part 70, approval rela tions, Nudear materials. Nuclear.
rr. quired.h third cornmenter stated number 3150-0132 for part 72, approval power plants and reactors, Reporting itist it would be beneficial if a definition number 3150-0002 for part 73, and and recordkeephig requirements, of" good cause" were provided by the approval number 3150-0055 for part 75.
Security measures.
3,;
s
'33428 Federal Register / Vol. 57, No.146 / Wednesday, July 29, 1992 / Rules and Regulations For the reasons set out in the nuclear material rr ust be considered in This class of materialis sometimes preamble and under the authority of the the aggregate for the purpose of physical referred to as a Category II quantity of 7
Atomic Energy Act of 1954. as amended, protection.
material.
the Energy Reorganization Act of 1974, 4
as amended, and 5 U.S.C. 552 and 553, Formula quantity means strategic
- 3. In i 70.19. paragraph (a)(2) is the NRC is adopting the following special nuclear materialin any revised to read as follows:
amendments to 10 CPR parts 70,72,73, combination in a quantity of 5000 grams and 75.
or more computed by the formula, 5 70.19 ceneral ucense for cattbration or mference sources.
grams =(grams contained U-235) +2.5 PART 70-DOMESTIC LICENSING OF (grams U-233+ grams plutonium).This (a) * *
- SPECIAL NUCLEAR MATERIAL class of materialis sometimes referred (2) Any Government agency as 1.The authority citation for part 70 is to as a Category I quantity of material.
defined in i 70.4 that holds a specific license issued by the Commission that revised to read as follows:
Plutoniumprocessing andfual authonzes it to receive, possess, use, or Authority Secs.51, 53,161,182.183, 68 St a t. 929,930,948,953, 954,as amended, sec.
fabricationP ant * *
- transfer byproduct material. source l
234,83 Stat 444, as a.nended (42 US.C 2071.
(2) Research and development material, or special nuclear material; 2073. 2201, 2232,1233, 2282); secs. 201. as activities involving any of the and e nended. 202,204,20s, as Stat.1242. as operations described in paragraph (1) of amended.1244,1245,1240 (42 US.C 5a41.
this definition except for research and
- 4. In i 70.22, paragraphs [h)(1) and (k) '
5842, 5845. 5846)-
development activities utilizing are revised to read as follows:
Sections 70.1(c) and 70.20a(b) also issued unsubstantial amounts of plutonium.
under seca.135.141, Pub. L 97-425. 90 Stat.
I 70.22 Contents of applications.
2232,2241 (42 US.C 10155,10161). Section 70.7 also issued under Pub. L 95-001, sec.10.
SPecta/nuclearmaterialoflow 92 Stat. 2951 (42 U.S.C Sai1). Section 70.21(g) strategic significance means:
(h)(1) Each application for a license to also inued under sec.122,68 Stat. 939 (42 (1) Less than an amount of special possess or use at any site or contiguous U.S.C. 2152). Section 70.31 also issued under nuclear material of moderate strategic sites subject to licensee control, a sec. 57d. Pub. L 9? 177,88 Stat. 475 (42 U.S.C significance as defined in paragraph (1) formula quantity of strategic special 2077). Sections m36 and 70 44 also issued of the definition of strategic nuclear nuclear material as defined in $ 70.4, under sec,184,08 Stat. 954, as amended (42 material of moderate strategic other than a IIcense for possession or signifiednce in this section, but more use of this materialin the operation of a se 186,1 8
- t. 9 (42U 2?38, 2237). Section 70.02 also issued under sec.
than 15 grams of uranium-235 (contained nuclear reactor licensed pursuant to part 108,68 Stat. 939, as amended (42 U.S.C 2138). in uranium enriched to 20 percent or 50 of this chapter, must include e For the purposes of sec. 223,88 Stat. 958, as more in U-235 isotope) or 15 grams of physical security plan consisting of two amended (42 US.C 2273): iI m3. 705(g),
uranium-233 or 15 grams of plutonium or parts. Part I must address vital m19(c), m21(c) m22(a), (b), (dHk). 70.24 the combination of 15 grams when equipment, vital areas, and isolation (a) and (b),70.32(a) (3), (5), (6), (d), and (1).
computed by the equation, grams =
zones, and must demonstrate how the 70.36. 70.39 (b) and (c). m41(a), M42 (a) and (grams contained U-235) + (grams applicant plans to meet the (c), m56, ms7 (b) (c), and (d). 70.58 (a)-
plutonium) + (grams U-233); or requirements of Il 73.20,73.40,73.45,.
(2) Less than 10,000 grams but more 73.46,73.50,73.80,73.70, and 73.71 of this 101 n1 S at 8,
9 and 9 a amended (42 U.S.C 2201(b). 2201(1) and than 1,000 grams of uranium-235 chapter in the conduct of the activity to 2201[o)); li 70.7,70.20s (a) and (d),70.20b (c) (contained in uranium enriched to 10 be licensed, including the identification and (e), m21(c), m24(b),70.32 (a)(e). (c). (d).
percent or more but less than 20 percent-and description of jobs as required by 10 (e), and (g),70.36,70.51 (cHg),70 56, 70.57 lb) in the U-235 isotope); or CFR 11.11(a). Part H must list testa, and (d). and m58 (aHg)(3) and (hMI) are (3)10,000 grams or more of uranium-inspections, and other means to issued under sec.1611,68 Stat. 949, e' 235 (contained in uranium enriched demonstrate compliance with auch amended (42 U.S.C 2201(l)); and i 5 70.5. 70 9, above natural but less than to percent in requirements.
70.20b (d) and (e), m38,70.51 (b) and (i),
the U-235 Isotope)-
a 70.52, mB3. m54, 70.55,70.58 (gli4), (k) and (1). 70.59. and 70 60 (b) and (c) are issued This class of materialis sometimes (k) Each application for a license to under sec.1610. 08 Stat. 950, as amended (42 referred to as a Category 11100antity of possess or use at any site or contiguous 115 C 22o1(o4
- material, sites subject to licensee control, special
- 2. Section 70.4 is amended by adding a nuclear material of moderate strategic definition for " Contiguous sites" in Special nucleor material of moderate significance or10 kg or more of special proper alphabetical sequence, revising strategic significance means:
nuclear material of low strategic paragraph (2) of the definition (1) Less than a formula quantity of significance as defined under i 70.4,
" plutonium processing and fuel strategic special nuclear material but other than a license for possession or isbrication plant," revising definitions more than 1,000 grams of uranium-235 use of this materialin the operation of a
" Formula quantity," "Special nuclear (contained in uranium enriched to 20 nuclear power reactor licensed pursuant material of low strategic significance,"
percent or more in the U-235 isotope) or to part 50 of this chapter, must include a -
and "Special nuclear material of more than 500 grams of uranium-233 or physical security plan aat demonstrates moderate strategic significance" to read plutonium, or in a combined quantity of how the applicant plans to meet the -
as follows:
more than 1,000 grams wheu computed requirements of paragraphs (d), (e), (f),
by the equation, grams = (grams and (g) of I 73.67 of this chapter, as 9 70.4 Definitions.
contained U 235) + 2 (grams U-233 +
appropriate. The licensee shall retain a grams plutonium); or copy of this physical security plan as a Contiguous sites means licensee (2)10.000 grams or more of uranium-record for the period during which the controlled locations, deemed by the 235 (contained in uranium enriched to 10 licensee possesses the appropriate type Commission to be in close enough percent or more but less than 20 percent and quantity of special nuclear material
, proximity to each other, that the special in the U-235 isotope). -
under each license, and if any portion of
G y?
' Lp..a
,s.
Jederal Register /.Vol. 67eNo/146'/iW:dn:sd:yl }uly 29,1992 / Rules end Regulttions. ; 33429 i,
4 i.
the plan is superseded, retain that PART 72--LICENSING
- 7. In i 72.184, paragraph (a) la revised superseded portion of the plan for 3 REQUIREMENTS FOR THE to read as follows:
- years after the effective date of the INDEPENDENT STORAGE OF SPENT change.
NUCLEAR FUEL AND HIGH-LEVEL 5 72.184 Safeguards continger>cy plan.
- 5. In i 70.32, paragraph (g) is revised RADIOACTIVE WASTE (a) The requirements of the licensee's to read as follows safeguards contingency plan for
- 6. The authority citation for part 72 is responding to threats and radiological revised to read as follows:
sabotage mu.t be as defined in 1 70.32 Conditions of licenses.
l Authority: Secs. 51, 53, 57, 62, 63, 65. 69, 81, appendix C to part 73 of this chapter, 101.182,183,184.186,187,189,68 Stat. 929.
This plan must include Background, (g) The licensee shall prepare and 9 0,932,933,934,935,948,953,954,955,as Generic Planning Base, Licensee maintain safeguards contingency plan amended, sec. 234,83 Stat. 444, as amended Planning Base, and Responsibility procedures in accordance with appendix (42 US.C. 20n. 20n. 2077. 2092,2003,2095, Matrix, the first four categories of C to part 73 of this chapter for brmgmg 2099. 21M,2201,2232,2233,2234. 2236,2237' information relating to nuclear facilities about the actions and decisions 2238,2282); sec. 274, Pub. L 86-373,73 Stat.
licensed under part 50 of this chapter, contained in the Responsibility Matrix 688. as amended (42 U.S.C 2021); sec. 201, r,s (The fifth and last category of me t
42, a
de '
ofits safeguards contingency plan. The edg. g information, Procedures, does not have licensee s la retain the current 95 001, sec.10,92 Stat. 2951 (42 U.S.C 5851);
to be submitted for approval.)
safeguards contingency plan procedures sec.102, Pub. L 91-190,83 Stat. 853 (42 US.C as a record for'the entire period during 4332h secs.131,132,134,135,137,141 Pub. L which the licensee possesses the 97425,90 Stct. 2229,2230,2232,2241, sec.
PART 73-PHYSICAL PROTECTION OF appropriate type and quantity of special 148, Pub. L 10NO3,101 Stat.1330-235 (42 PLANTS AND MATERIALS nuclear material under ench license for US.C 10151,10152.10153,10155,10157,10101, which the procedures were developed 1M08h
- 8. The authority citation for part 73 and,if any portion of the plan is Section 72.44(g) also issued under secs.
continues to read as follows:
142(b) and 148(c), (d), Pub. L 100 203,101 i
superseded, retain that superseded Stat.1330 232,1330-238 (42 US.C.10182(b),
Authority: Secs. 53.101. 68 Stat. 930,948, as portion for 3 years after the effective im66(c), (d)). Section 72.46 also issued under amended, sec.147,94 Stat. 700 (42 U.S.C.
date of the change.The licensee shall sec.189,68 Stat. 955 (42 US.C. 2239); sec.134. 2073,2167,2201); secs. 201 as amended 204,88 not make a change that would decrease Pub. L 97-425,90 Stat. 2230 (42 US.C 10154).
Stat.1242, as amended.1245 (42 U.S.C 5841, the safeguards effectiveness of the first Section 72.96(d) also issued under sec.145(g). 5844).
1 four categories of information (i.e.,
Pub. L 100-203,101 Stat.1330-235 (42 US.C Section 73.1 also issued under secs.135, Background, Generic Planning Base, tote s(g)). Subpart I also issued under secs. 141, Pub. L 97-425,90 Stat. 2232,2241, (42 2(2h 2(15h 2(19h 117(aL 141(hh Pub L 97425, US.C.10155,10161). Section 73.37(f) is also Licensee Planning Base and-Responsibility Matrix) contained in any
',km Issued d s a b
Stat a
) bp an 7
licensee safeguards contingency plan are also issued under sec.133,98 Stat. 2230 issued under sec. 600, Pub. L 9M99,100 Stat, prepared pursuant to il 70.22(g),
(42 US.C 10153) and sec. 218(a),90 Stat. 2252 876 (42 U.S.C 2109).
70.22(j), 72.164, 73.20(c), 73.26(e)(1),
(42 U.S.C 10198].
73.40(h)(1), or 73.50(8)(1) of this chapter For the purposes of sec. 223,68 Stat.958, as For the purposes of sec. 223, es Stat. 958, as without the prior approval of the NRC.
amended (42 US.C 2273): 1I 72.8,72.22, amended (42 US.C. 2273): Ii 73.21,73.37(gh 72.24,72.26,72.28(d) 72.30,72.32,72.44(a),
and 73.55 are issued under sec.161b,68 Stat.
A licensee desiring 1o make such a (b)(1), (4), (5), (c) (d)(1), (2), (e), (0,72.48(a),
948, as amended (42 U.S.C 2201(b)): il 73.20, change shall submit an application for 72.50(a), 72.52(b), 72.72 (b), (c), 72.74 (a ), (b),
73.24, 73.25, 7128,73.27, 73.37, 73.40,73.45, an amendment to its license pursuant to 72.76, 72.78,72.104,72.106,72.120,72.122, 73.40,73.50,73.55, and 73.67 are issued under i 70.34. The licensee may make changes 72.124, 72.120, 72.128, 72.130, 72.140(b), (c),
sec.1611. 68 Stat. 949, as amended (42 US.C.
to the licensee safeguards contingency 72.148,72.154,72.156,72.100,72.100,72.108, 2201(i]); and Ii 73.20(c)(1),73.24(b)(1),
plan without prior NRC approval if the 72.170, 72.172,72.170,72.180,72.104,/2.180, 73.26(b)(3), (h)(6), and (k)(4), 73.27 (a) and (b),
are issued under sec.101b,68 Stat. 948, a s 73.37(0,73.40(b) and (d),73.46(g)(6) and (h)(2),
changes do not decrease the safeguards amended (42 US.C,2201(b)): II 72.10(a), (e),
73.50(g)(2), (3)(lii)(B), and (h), 73.55(h)(2) and effectiveness of the plan.The licensee must maintain each change to the plan fd$,$j)5fic)I(*dI(If2$)N7 48 I
I4IIIIIIIUI' I' 37' 78'#"' I '72' '"d #8'78 *'"
)
I" made without prior approval as a record 72.50(a ), 72.52(b), 72.90(a H d), (0, 72.92, 72 M.
amended (42 U.S.C. 2201(o)).
during the period for which possession 72.98, 72.100, 72.102 (c), (d), (0, 72.104, 72.106, of a formula quantity of special nuclear 72.120, 72.122,72.124,72.126,72.118,72.130,
- 9. Section 73.2 is amended by adding a material is authorized under a license 72.140 (b). (c),72.142,72.144,72.148,72.148, definition for " Contiguous sites" in 72150 s2,7 154 72 2 158,7 and retain the superseded portion for 3 proper alphabetical sequence, and g
g
,g years after the effective date of the I'*l8iUE the definitions of Formula 72.176,72.180,72.182, 72.184,72.186,72.190, change and shall furmsh a report 72.192,72.194 are issued under sec.1sti,68 quantity,,
- Special nuclear material of containing a description of each change Stat. 949, as amended (42 U.S.C. 2201(1)); and moderate strategic significance " and within 00 days after the change is made il 72.10(e), 72.11,72.10, 72.22. 72.24,72.20 "Special nuclear material of low to the Director of Nuclear Material 72.28, 72.30, 72.32, 72.44(b) (3), (c)(5), (d )(3),
strategic significance" to read as Safety and Safeguards, with a copy to I'l- (0. 72.48(b). (c), 72.50(b), 72.54(a), (b), (c).
follows:
the Regional Administrator of the 72.50,72.70,72.72,72.74(a), (b) 72.7e(a!,
72.78(a), 72.80, 72.82. 72.92(b). 72.94(b). 72.140 l 73.2 Definitions.
appropriate NRC Regional Office as (b), (,c), (d), 72.144(a), 72.148, 72.148, 72.150, specified in appendix A to part 73 of this 72.152,72.154 (a). (b),72.156,72.200,72.1e2, Contiguous s/fes means licensee
- chapter, 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, controlled locations, deemed by the 72.230,72.234(e) and (g) are issued under sec.
Commission to be in close enough 1610,08 Stat. 950, as amended (42 U.S.C proximity to each other, that the special 2201(o)).
nuclear material must be considered in i
.f
.3
~
- 33430 Federal Register / Vol. 57. No.140 / Wednesday, July 29, 1992 / Rules and Regulations.
the aggregate lo t the purpose of physical l 73.20 ' Genersi performance ot joct ye
$ 73.46. Fixed site physical protection,
- protection, and requirements. -
systems, subsystems, components, and procedures.
- s. o
~
. formula quantity meane strategic (b) * *
- special nuclear materialin any (2)Is designed with sufficient (g) Test andMaintenance Pmgrams.
combination in a quantity of 5.000 grams redundancy and diversity to ensure of more computed by the formula, grams maintenance of the capabilities (0) The security program must be.
= (grams contained U-235) + 2.5 [ grams described in Ii 73.25 and 73A5 reviewed at least every 12 months by -
U 233 + grams plutonium).His class of (3) includes a safeguards contingency Individuals independent of both security materialis sometimes referred to as a capability that can meet the criteria in program management and personnel
~,
Category I quantity of material..
appendix C to this part " Licensee who have direct responsibility for Safeguards Contingency plans;" and implementation of the security program.
The security program review must Specialnuclearmateria/ oflow (c) Each licenset subject to the include an audit of security procedures stmtegic significance means:
requirements of paragraphs (a) and (b) and practiw, an evaluation of the (1) Less than an amount of special f this section shall establish, maintain, effectivenen of the physical protection nuclear material of moderate strategic and follow NRC-approved safeguards system, an audit of the physical significance as defined in paragraph (1) physical protection and safeguards protection system testing and of the definition of strategic nuclear c ntingency plans that describe how the maintenance program, and an audit of material of moderate strateg!c licensee will comply with the commitments established for response significance in this section, but more requirements of paragraphs (a) and (b) by local law enforcement authorities.
than15 grams of uranium 235 (contai ed f this section.
ne results and recommendations of the '
In uranium enriched to 20 percent or
- 11. In i 73.20, paragraph (h)(6) is security program review, and any more in U-235 isotope) or 15 grams of revised to read as follows:
actions taken, must be documented in a uranium-233 or 15 grams of plutonium or FePort to the licensee's plant manager the combination of 15 grams when 9 73.26 Transportation physical protection computed by the equation, grams =
systems, subsystems, components, and and to corporate management at least
' (grams contained U-235)~+ (grams procedures.
one level higher than that having responsibility for the day-to-day plant
- plutonium) + (grams U-233): or operations.%ese reports must be (2) Less than 10,000 grams but moro (h) Test andMaintenance Pmgmms, maintained in an auditable form, than 1,000 grams of uranium 235 available for inspection for a period of 3 (contained in uranium enriched to 10 (0)he transportation security,
percent or more but ess than 20 percent program must be reviewed at least every years..,
i l
in the U-235 isotope); or 12 months by individuals independent of (h) Contingency andresponseplans.
(3)10.000 grams or more of uranium-both security program management and andprocedums. (1) The licensee shall.
235 (contained in uranium enriched personnel who have direct responsibility establish, maintain, and follow an NRC-above natural but less than 10 percent in - for implementation of the security -
- approved safeguards contingency plan,,
the U.235 isotope).
program.ne review must include an for responding to threats, thefts, and his class'of materialis sometimes audit of transportation sectirity.
radiological sabotage related to the,,
referred to as a Category 111 quantity of procedures and practices, an evaluation strategic special nuclear material and material.
of the effectiveness of the transportation nuclear facilities subject to the-physical protection system, an audit of provisions of this section. Safeguards i
the transportation physical protection contingency plans must be in..
Spec!alnuclearmateriolof, moderate system testing and maintenance accordance with the criteria in appendix ic ifica Contin 8ency plans., see Safeguards C to this part "Licen 1
)Less t an a lo u a qu ntity of program, and an audit of commitments Contingency plans established for response by local law strategic special nuclear material but enf rcement authorities.The results and must include, but not limited to, the more than 1.000 grams of uranium-235 recommendations of the review, response requirements IIsted in -
(contained in uranium enriched to 20 management's findings on whether the paragraphs (h)(2) through (h)(5) of this a
percent or more in the U-235 isotope) or transportation security program is section. The licensee shall retain the more than 500 grams of uranium-233 or currently effective, and any actions current safeguards contingency plan as plutonium, or in a combined quantity of taken as a result of recommendations a record until the Conunission more than t,000 grams when computed from prior reviews, must be documented terminates the license and,if any in a report to the responsible portion of the plan is, superseded, retain i th a
organization management and to ',
that superseded portion for 3 years after conta ed 1 235) 2ga s U 33 +
g c rp rate management at least one level the effective date of change.
2 to, g ne or more of uranium-235 (contained in uranium enriched to 10.hlgher than that having responsibility i r the day-to-day plant operation.
- 14. In i 73.50, paragraphs (g)(1) and (h) percent or more but less than 20 percent These reports must be maintained in an are revised to read as follows:
in the U.235 lootope).
auditable fonn, available for inspection This class of materialis sometimes for a period of 3 years.
1 73.50 Requirements for physical protection of scensed activities, referred to as a Category 11 quantity of j'
material.
$ 73.40 iAmended)
(g) Response requirement. (1) Tlh 4
- 10. In i 73.20, paragraph (bJ(3) is
- 12. In l 73.40 paragraphs (b).
licensee shall establish, maintain, and redesignated as paragraph ib)(4), a new including footnote 1, (c), and (d) and the follow an NRC-approved safeguards l'
paragraph (b)(3)is added, and designation (a) are removed.
contingency plan for responding to.
!~
paragraphs (b)(2) and (c) are revised to
- 13. In i 73.40, paragraphs (g)(0) and threats, thefts, and radiological sabotage.
read as followst (h)(1) are revised to read as follows; ;,.. related to the special nuclear material e
n
- qp Wedn
- sd:yl4uly'29; 1992 /.Rulet and Regul tions' 33431}
- 9. s.
ymia i? : ? FeddraliRegister /IVoll'57r.No...'140' / :
ey
- 1 and nuclear facilities subject to the -
The security program review must accessible surface without intervening provisions of this section. Safeguards include an audit of security procedures shielding.
contingency plans must be in -
and practices, an evaluation of the a
a accordance with the criteria in appendix effectiveness of the physical protecti "
(c) Response requimment. Each C to this part, " Licensee Safeguards system, an audit of the physical licensee shall establish, maintain, and Contingency Plans.' The licensee shall protection system testing and follow an NRC-approved safeguards retain the current safeguards maintenance program, and an audit of contingency plan for responding to contingency plan as a record until the commitments established for response threats, thefts, and radiological sabotage Commission terminates the licenst and, by local law enforcement authorities.
related to the special nuclear material if any portion of the plan is superseded, %e results and recommendations of the and nuclear facilities subject to the retain the superseded portion for 3 years security program review, management's provisions of this section. Safeguards after the effective date of the change.
f ndings on whether the security contingency plans must be in program is currently effective, and any accordance with the criteria in (h) Each licensee shall establish, actions taken as a result of Appendix C to this part, Licensee maintain, and follow an NRC-approved recommendations from prior program Safeguards Contingency Plans."
training and qualifications plan outlining reviews must be documented in a report the processes by which guards, to the licensee's plant manager and to
- 17. In I 73.67 the I"troducto'Y texI d watchmen, armed response persons' and c rp rate management at geast one 3 eve l paragraphs (c).'(d), and (f) and other members of the security ft e ay to-day pl nt
. fo"Ihs' organization will be selected, tralned, rat n.
equipped, tested, and qualified to ensure These reports must be maintained in an that these individuals meet the auditable form, available for inspection, 6 73.67 Licensee fixed site and in-transit requirements of paragraph (a)(4) of this for a period of 3 years.
requirements for the physical protection of section.
special nuclear matertal of moderate and
- 15. In 5 73.55, paragraphs (b)(4)(li),
(h) R8 'Ponse requirement. (1) ne low strategic significance.
(g)(4), and (h)(1) are revised to read as licensee shall establish, maintain, and follows:
follow an NRC-approved safeguards contingenc', plan for responding to (c) Each licensee who possesses, uses, 9 73.55 Requirements for physical threats, thefts, and radiological sabotage transports, or delivers to a carri,er for protection of licensed actMiles in nuclear related to the nuclear facilities subject transport special nuclear matenal of power reactors assinst radiological to the provisions of this section.
moderate strategic signifi_cance, or 10 kg Safeguards contingency plans must be in or mm of special nuclear material of "9"
accordance with the criteria in appendix low strategic significance shalk (b)***
C to this part. *' Licensee Safeguards Contingency Plans."
(2) Within 30 days after the plan i Each licensee shall establish' submitted pursuant to paragraph (c)(1) maintain, and follow an NRC-approved of this section is approved, or when training and qualifications plan outlining to. In i 73.00, the introductory text specified by the NRC in writing, the processes by which guards, -
and paragraph (e) are revised to read as implement the approved securitf plan.
watchmen, armed response persons, and follows:
(d) Fixed site requirements for special nization wift b a le e trained, f 73.60 Additional requirements for the nuclear materiol of moderate strategic ed physical protection of spectat nuclear significance. Each licensee who equiphese, tested, and qualified to ensure that t individuals meet the
- ****' "'"P' " * " * " ior8-possesses, stores, or uses quantities and requirements of this paragraph.The Each nonpower reactor licensee who, types of special nuclear material of licensee shall maintaL1 the current Pursuant to the requirements of part 70 moderate strategic significance at a training and qualifications plan as e of this chapter, possesses at any site or fixed site or contiguous sites, except as recard until the Commission terminates contiguous sites subject to control by the allowed by paragraph (b)(2) of this the license for which the plan was licensee uranium-235 (contained in section and except those who are developed and,if any portion of the plan uranium enriched to 20 percent or more licensed to operate a nuclear power la superseded, retsin that superseded in the U-235 isotope), uranium-233, or mactor pmuant to part 50, shalh portion for 3 years after the effective plutonium, alone or in any combination date of the change.The training and in a quantity of 5000 grams or more (f) Fixed site mquirements for special qualifications plan must include a computed by the formula, nuclearmaterioloflow strategic schedule to show how all security grams =(grams contained U-235)+ 2.5 significance. Each licensee who personnel will be qualified 2 years after (grams U-233+grama plutonium), shall possesses, stores, or uses special the submitted plan is approved.The protect the special nuclear material from nuclear material oflow strategic training and qualifications plan must be theft or diversion pursuant to the significance at a fixed site or contiguous followed by the licensee 00 days after requirements of paragraphs 73.07 (a), (b), sites, except those who are licensed to the submitted plan is approved by the (c), and (d),in addition to this section, operate a nuclear power reactor
- NRC, except that a licensee is exempt from pursuant to part 50, shalh the requirements of paragraphs (a), (b).
(g)***
(c),(d), and (e) of this section to the
- 18. In i 73.70, paragraph (c) is revised (4) TI.e security program must be extent that it possesses or uses special to read as follows:
reviewed at least every 12 months by nuclear material that is not readily individuals independent of both security separable from other radioactive i 73.70 Records.
program management and personnel material and that has a total external who have direct responsibility for -
radiation dose rate in excess of 100 rems (c) A register of visitors, vendors, and implementation of the security program. per hour'at a distance of 3 feet from any other individuals not employed by the i
I I
t
y5
- 1
-l
\\
33432 Federal Register / Vol.- 57, No.140 / Wednesday. July-29,1992 / Rules and Regulations licensee pursuant to il 73.46{d)(13).
The goals oflicensee safeguards.
f 75.4 Defirdtions.
73.55(d)(0). or 73.00. The licensee shall contingency plans for rest anding to threats.
retain this register aa a record. available thefts. and radiological sabotage are:
(f) Effective Kilogram a *
- for inspection. for 3 years after the last (1) to organize the response effort at the (1) For special nuclear material: He entry is made in the register.
8[p de predetermined. structured amount specified in i 70.4 of this responses by licensees to safeguards chapter.
- 19. In appendix B to part 73, the contingencies.
Introduction is revised to read as (3) to ensure the integration of the licensee Dated at Rockville. Maryland this 14th day follows:
res use with the responses by other entities.
W419E Appendix B to Part 73-General (4) to achieve a measurable performance in For the Naclear Regulatory Commission.
Criteria for Security Personnel response capability.
James M. Taylor, I.icensee safeguards contingency planning Executive Directorfor Operations.
should result in organizing the licensee's lFR Doc. 92-17000 Filed 7.*.&92; 8:45 amj Introduction resources in such a way tnet the participants egg,,g will be identified. their several Security personnel who are responsible for responsibilities specified. and the resoonses the protection of special nuclear material on coordinated.The responses should be timely.
site orin transit and for the protection of the DEPARTMENT OF THE TREASURY ficility or shipment vehicle against It is important to note that a licensee's rtdiological sabotsge should. like other uafeguards contingency plan is intended Offlee of Thrift Supervision elements of the physical security system, be to be complementary to any emergency required to meet minimum criteria to ensure plans developed pursuant to appendix E 12 CFR Parts 545,561,563,563c,567, that they will effectively perform their to part 50 or to I 70.22(i) of this chapter, and 571 usigned security-related job duties, la order to ensure that those individuals responsible for security are properly equipped and iNo. 92-26]
Audit and Review qualified to execute the job duties prescribed for them. the NRC has developed general At intervals not to exceed 12 months, the RIN 1550-AA01 criteria that specify security personnel licensee shall provide for a review of the -
qualification requirements, safeguards con'ingency plan by individuals -
Miscellaneous Capital and Capital-These general criteria establish independent of both occudty program Related Amendments-requirements for the selection, trainin mana8ement and personnel who have direct equipping, testing, and qualification of responsibihty for implementation of the AGENcn Office of Thrift Supervision.
Individuals who will be responsible for security program.The review must include an Treasury.
' protecting special nuclear materials, nuclear audit of safeguards contingency procedures ACTtoec Final rule, fIcilities, and nuclear shipments.
and practices. and an audit of commitments When required to have security personuel established for response by local law suMMARn The Office of Thrift that have been trained, equipped, and.
enforcement authorities..
Supervision (OTS)is amending its ualified to perfonn ass ed security job The licenses shall document the results regulations by modifying or removing '
uties in accordance wi the criteria in this and the recommendations of the safeguards obsolete or incorrect references to its eppendix.Jhe licensee must establish.
contmgency plan review, management -
maintain. and follow a plan that shows how findings on whether the safeguards regulations setting minimum regulatory -
the criteria will be roet.The plan must be contingency plan is currently effective. and capital requirements for savings y
subrnitted to the NRC for opprovsl and must any actions taken as a result of associations. *nte OTS is also correcting be implemented within 30 days afte*
recommendations from prior reviews in a citation errors and adding language approval by the NRC unless otherwise report to the licensee's plant manager and to clarifying the provisions contained in its specified by the NRC in writing.
corporate management at least one level risk-based capital regulation and the higher than that having responsibility for the d a usf, capital distribution regulation.The f d
a pa o ra kn rule also clarifies the treatment of, sales 20,in appendix C to part 73, the for inspection for a period of 3 years.
with recourse and maturing capitaq introduction is revised and a new section on Audit and Review is added to instruments for purposes of the capital read as follows:
regulations and removes the accounting PART 75-SAFEGU ARDS ON Provisions for deferred loan losses.
Appendix C to Part 73-Licensee NUCLEAR MATERIAL-EFFECTIVE DATE: August 28.1992.
Safeguards Contin 0ency Plans IMPt.EMENTATION OF US/lAEA FoR rORTHER ledFORetATION CONTACT: -
Introduction AGREEMENT John Connolly. Program Manager. (202)
A bcensee safeguards contmgency tan is a N.
ah erme4 gram -
documented plan to give guidance to bcensee 21.The authority citation for Part 75 Analyst. (202) 900-7324. Policy: Theresa.
continues to read as follows:
personnel in order to accomplish specific Stark. Senior Attorney. (202) 906-7054 defined ob}ectives in the event of threata.
Authority: Secs. 53. 63.103.104.122.101. 08 Deborah Dakin. Assistant Chief -
thefts, or radiological sabotage relating to Stat. 930, 932. 930. 937,939. 948. as amended Counsel. (202) 900-6445. Regulations and special nuclear material or nuclear facilities (42 USC 2073. 2093. 2133. 2134. 2152. 220t; Legislation Division. Chief Counsel's hcensed under the Atomic Energy Act of sec. 201,88 Stat.1242 as amended. [42 USC 1954, as amended. An acceptable safeguards 5841). Section 75.4 also issued under secs.
sce, Mce ON$ hperdslon M contingency plan must contain:(1) a '
135,141. Pub. L 97-425. 96 Stat. 2232,2241 (42 G Street NW., Washington, DC 20552.-
predetennined set of decisions and actions to USC 10155.10161).
SUPPLEMENTARY INFORMATIOsc On '
catisfy stated objectives. (2) an identification For purposes of sec. 223. 08 Stat. 9sa. as November 8.1989 the OTS published an of the data, criteria, procedures, and amended (42 USC 2273) the provisions of interim final rule establishing the' machanismo necessary to efficiently this part are issued under sec.101o. Os Stac minimum regulat ry capital implement the decisions. and (3) a stipulation 950, as amended (42 USC 2201(o)).
requirements for savings associations as of the individual, group or organizational satity responsible ior each decialon and 7.2. In i 75.4. paragraph (f)(1)la revised required by section 5(t) of the llome 2-
}
+
Owners' Loan Act,12 U.S.C.1464(t). 54 '
cetimw to read as follows: -
i
,