ML20057C759
| ML20057C759 | |
| Person / Time | |
|---|---|
| Issue date: | 09/08/1993 |
| From: | Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | |
| References | |
| OMB-3150-0002, OMB-3150-2, NUDOCS 9309290358 | |
| Download: ML20057C759 (35) | |
Text
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J83 Request for OMB Review pg
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important Read instructions befcre camp,eting form. Do not use the sarne $F 83 Send three copies of tnis forts the materia: to be tenewed, era for to recuest botn an Executwe Order 12291 rerew and approval uncer paperwork-three copies of the supportirg statement, to the Paperwork Reduction Act Answer s!! questions in Part i If this request is for review under E.O.
Office of Information and Regulatory Aff airs 1229L compie:e Part 11 and s:gn the regulatory certification. If this Office of Management and Buoget reauest is for approva: under the Paperwo L Reduction Act and 5 CFR Attentecn Doth.et Ubrary. Room 3201 1320. sep Pa't 11. comp:ete Part lll and sign the paperwork cert:ficat:on Washington, DC 20503 PART L-Complete This Part for All Requests.
- 1. Dew mmt,agencv ae eseau oNe oronang request
- 2. Agency crer U.S. Nuclear Regulatory Commission 3
1 5 0 3 sm t r.ews.c ce t,est ar s emestions egave tweases+
Teepwoe w e Harry Tovmassian (301
) 492-3634
- 4. Tit w,+aw. cre-nor ~ w.-g 10 CFR Part 73 - Physical Protection of Plants and Materials s ;ep a. r,,
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PART 11 -Complete Tn!5 Part On!y if the Frequest is for OMB Review Under Executive Order 12291
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PART III.-Completa This P rt Only if ths Requistis f:r Appr:vtlcf a Cell:ctlin of Infortnittsn UndIr the Prperw:rk Rtducti n Act r.nd 5 CFR 1320.
- 3. nem >sree reeds uses and atfec+eo pubhc in 50 words or iess " Nuclear Facility Security, Security Personnel" The proposed amendments would require Category I fuel cycle facilities to have security personnel participate in a continuing physical fitness program and pass an annual per-formance. test.
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' "natm ccrectes nt coerninedin rules T N, 2 C Erne gency submission (cert + carson attached) n:.- ss >om
&nanc., cct'ections contained on rules 2_r st,1 % at cn ao aage o oposca) 6 F.nal er i~ter,m f,nal without prior t4PRM
- 7. Enter date of espected or actuai Federat
. X' ~. o 7 a s je-3,eg y oM)
A C Regular subrmssion Reg: Ster pubucation at th.s stage nf twemAing
~ w r 2 -as p nous y pasned B C Ernergency subrmssion(cenhcat on anached)
(rnontn cay, year) __
n. w nes*ec #ece o% ore)
. [ w.s m ect on 4 C Reinstatement et a previously approved coDection for vvhch approval as N Fed 21 An on 9 a ; unermy approvad cosection 3 [ uue s,or y re esp + at or ::a'e of a carrent!y approved collection 5 C Ecstmg col:ection in use artnout an CMB control number u Nat alv Nge a Te socstance or en the method of conection A r ge'c v *eicrt ctm nuMer(s) Or cbte stancard/ optional form number (s))
- 22. Purpose of eforrration conectron (check as many as apply)
Not applicable 1 C Appocanon for benefits 2
Program evaluation
- 17. Ar,a ecortirg er c suosure curden 3 C General purpose statistics I
7,300 4 E Pegulatory or comphance
! -ebe' of responcents.
2 Nrber ? ressorses oe respondent.
9.39 5 ~
Program plannma or management
? *ctai aanuai responses (t,ne 1 times kne 2) 68.574 6 C Research 4 -cu s per res;onse
.61 7 C Audit S Twofs p.ne s teenn,4; 41,795 IS. Annua! recereweesmg ourcen
- 23. Frequency of recorakeeping or reporting (check art tnat apply)
I tmber et recorweepers 7.300 i g Record.eep,ng 2 A vaal hours per recorskeeper 44.95 neporting 3 manecordr eeomg mours (hne 1 tv-es hoe 2) 328,118 2 O onoccasion 1 RecordkeeDmi;*e+entton cenod Varies. 3 yrs.
to duratigers 3 C weewy
- 19. Totat a*rsa! barcen of license 4
Monthly 4
Peses ec(h"e u 5 pics ime 18-3; 369.913 5 0 Quarteriy l
2 %ne-t cve mentory 369.913 6 C semi-annuairy 3.v.e eme we 1 :ess une 2; O
7 0 AnnuaDy Dvianation of dttference 8 C B,ennsalfy 4 Oropa n ctarge 9
Other(desenbe):
i 2 %stment
- 20. Ment f mest recent) OMB control rumber or comment number
- 24. Respondents' obhgation to comply (checA the strongest ochgat.on that apphes) 3150-0002 1 C yoiunt,,,
2L ha.ested expiraSon cate 2 C Required to obtain or retain a benefit 5/31/96 3 E] uaneatory
- 25. Fe er e *espor4ents pnmanty educational agencies or institutions or is the pntnery purpose of the collection related to Federal education programs? O Yes No
- 26. C:.es tre agency use samphng to select respondents or does the agency recommend or presenbe the use of samphng or statistical analysts by respondents >
. O ves G no j
2 7. Reguatory ai,tnonty for the mformation coi6ection a
10 crR Part 73
- or FR
- or?.her (specify).-
Daperwork Certification n set ~utt,rg this request for OMS approval, the agency head, the sen;or official or an authonzed representative, certifies that the requirements of 5 CFR 1320. tne Pnucy Act. stat stical standards or directrves, and any other apphcable information pohey directives have been comphed with bgnat. ire o' or gram otheial Date
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. E gmsY. age ^cy MaQ. I sen Ac;al or en authordPg representative Date 4
Geral F.
ranford, Des gnated _enior Official for IRM V
1 C CFO : 1984 o - 453-776 j
PART lil.-0:mpl1.t3 This Part Only if th: Request is f r Appr:v;l cf a C:ll:cti:n of Inforrnation Under the Paperwork Reduction Act and 5 CFR 1320.
- 13. stst :t-Cese te eeds. cses and affec'ed pubhc in 50 woros or iess " Nuclear Facility Security, Security Personnel" The proposed amendments would require Category I fuel cycle facilities to have security personnel participate in a continuing physical fitness program and pass an annual per-formance test.
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I;&r. ation cchections :t contarned in rules
[ 'en 3r _;-ss on 2 C Ernergency submission (cemf: cation attacrec) tMormation Coi?ectJor's Lontained m rules 3 C E steg % aron Do arge creacsea) 6 Final or artenm f nal ethout pnor NPoM
- 7. Enter cate of erpected or actuai Federal
. I.me 9 c ase:: ve-arg c4W)
A C Reguiar submission Peg's'er pub 6 cation at tn,s stage nf fuemakirg 5 [ ^ v at W -asa 4vousyo c.shed B C Ernergency submission (cemf cation arracned)
(month Jay. fear)
- 13. M e i s en recues:ec Cecn o,~?y one)
- 2 e s ect on 4 C Reinstrternent of a previous'y approved coPection 'or whch approvai
- 3 "
.' 1 Dav wo 9 a ;urercly accrowed coiiection 3 C Ete s.or = ?e 3 peatior ::a e of a carrently approved collection 5 C Ersteg conect.on in use without an OMB controi namber a tacut a9f :nege n " e sutstance or in the method of couection
.6. qercy 'ep;'t *:rm num:er(s)(<rc%ce stancard/ optional form number (s))
- 22. Purpose of r'ormatson conect.on (check as mary ss appiy)
Not applicable 1 U ^PP"'*t' "' ' eenents 2 C Prngram evaluatien
- 17. Arma,'ecortmg ce :.sciosure :Nrcen 3 C Generai purpose stat:stics I
7,300 4 E Pegulatory or comphance
- .arder ci resoonderts.
2 Nu-ber f resporses per responcent 9.39 5 C Prog'am pianning or management 3 Tetal ann al responses (hre ) fees hne 2) 68.574 6 C Research u
4 wou s per rescorse abl 7 C Audit r
5 T:coes noe 3 t-es so, y 41,795
- 18. Annual recerc=cepirg buroen
- 23. Freouency of recorokeepmg or reporting (chece set tr'atappry) 1 Nrber Of recorceeepe's 7.300 i g Recoro,eepmg 2 Arruat ricus per recor0 keeper 44.95 n, porting 3 Tetsi record.eeeing nours (hee 1 tres hne 2) 328,118 2 O onoccasion
.t Recorakeeorg e+ention serod Varies. 3 yrs. to duratiorars 3 C w,,,,y
- 19. Totaf aar.,ai evrcen of license 4
Monthly 1 Pecuested (hve 17 5 prus "re J S-3) 369.913 5 0 quaneriy 2 m :ortent OYB nertory 369.913 s
se.ni.annuany 3:Pecence @re 1 tess dre 2) 0 7 O Annuany Exognatlon of drfference 8 C B.enniaHy 4 3rogram charge 9 C other(desent,e):
5 Adn.st nent
- 20. O.,rrent (~ cst recent) OM B control number or comment number
- 24. Respondents" obbgstion to comply (Check the strongest ochgation that apphes) 3150-0002 1
voiuntary
- 21. Geovestec expiration date 2 C Recuired to oetain or retain a benefit 5/31/96 3 E) vandatory
- 23. A e **e respondents pnmanly educa+Jonal agencies or mstrtutions or is the pnmary purpose of the collection related to Federal education programs?
Yes C No
- 26. C es tre agene use sampung to select respondents or does the agency recommend or presenbe the use of samphng or statistical analysis by respondents
, C Yes C No
- 27. GegWatory authonty for the enforr"ation Collection 10 CFR Part 73
- or FR
- or. Other (specify):
Pcperwerk Certif6 cation
- n subwttmg this request for CMB approval, the agency head, the senior offical or an authonzed representatrve, certifies that the requirements of 5 CFR 1320. the Pnvacy Act statistical standares or directives, and any other opphcatHe informatron pokey direct:ves have been comphed mth Signature of program otheial Date b
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y 5 gaaM agency reo, tl. sen, r 9
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..ic:ai or an author representatrve Date G2ral F.
ranford, De. gnated nior Official for IRM l
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SUPPORTING STATEMENT FOR PROPOSED RULE, 10 CFR PART 73, ANNUAL PHYSICAL FITNESS PROGRAMS FOR TACTICAL RESPONSE TEAM MEMBERS, ARMED RESPONSE PERSONNEL, AND GUARDS AT CATEGORY I LICENSEES (3150-0002)
Description of the Information Collection The proposed amendments to Part 73 would require licensees who operate Category I fuel cycle facilities to have their security personnel participate in a continuing physical fitness program and pass an annual performance test.
Alternatively, the licensee may develop a quarterly administered site specific content-based physical fitness test to demonstrate that security force personnel are adequately fit to perform their response duties.
The information which needs to be collected to satisfy these requirements includes:
(1) the physician's written certification that there are no medical contraindications to participation in the physical fitness training program; (2) physician's written certification that there are no medical contraindications to participation in the performance testing; (3) the results of each physical fitness qualification and requalification; and (4) the results of each quarterly administered site specific content-based physical fitness test.
In addition, the licensees will be required to revise their Fixed Site Physical Protection Plan.
i Some of these requirements were previously approved by OMB on March 16, 1993 as part of the proposed rule " Physical Fitness Programs and Day Firing Qualifications for Security Force Personnel at Category I Licensee Fuel Cycle Facilities" (50 FR 65024). As a result of the public comment on that proposed rule, the staff concluded that an acceptable alternative to the annual physical fitness performance test and the continuing physical fitness training program would be for licensees to develop quarterly administered site specific content-based physical fitness tests. Therefore, a new paragraph, 10 CFR t
73.46(b)(12), has been added to provide for this alternative approach.
Therefore, the physical fitness related requirements are being republished to allow the public to comment on this modified rule.
A. JUSTIFICATION 1.
Need for and Aaency Use of the Information Collection The modifications to each licensee's Fixed Site Physical Protection Plan are needed because this plan, once approved by the NRC, will be incorporated as a conditicn of license and will become the basis for NRC inspections.
The information collections discussed, in items I through 4 above, are needed so that there is inspectable documentation upon which compliance with the regulation can be based.
Specifically, the information collections in this proposed rule are as follows:
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Section 73.46(b)(4)' requires that the licensee document the results of I
the annual physical fitness performance test or the quarterly administered site specific content-based test.
Section 73.46(b)(10)(iii) requires that the licensee obtain a written certification by an examining physician that there are no contraindications to individual's participation in the physical fitness training program. This is to assure that the licensee subjects only individuals which present no danger to themselves or to others to the physical fi ss training program.
Section 73.46(b)(ll)(i) requires that the licensee retain a record of i
each security force member's attempt to qualify o'r _requalify by meeting l
or exceeding the applicable qualification criteria. This is so that the NRC may inspect the licensee to ascertain whether security force l
personnel are qualified against the appropriate c.
wi a. This is a repetition of the requirement in 10 CFR 73.46(b)(4).
l Section 73.46(b)(ll)(iii) requires that prior to participation in the physical performance testing each security force member must obtaita medical clearance from a licensed practitioner stating that there are no medical contraindications to the individual's participation in such testing. This is to assure that the licensee subjects only individuals l
which present no danger to themselves or to others to the physical i
performance testing.
Section 73.46(b)fl2) and 73.46(b)(12)(i) when taken together require the submission of the site specific content-based tests for NRC for NRC's
+
approval. This information collection is also required by 73.46(i).
Section 73.46(b)(12)(ii) requires that, prior to the administration of the site specific content-based physical fitness tests and annually thereafter, a physical examination be conducted and a written certification, that there are no medical contraindications to j
participation in the tests, be obtained from a licensed physician.
1 Section 73.46(i) requires that each licensee submit a revised Fixed Site i
Physical Protection Plan for NRC approval. This plan is incorporated as I
a condition of license and may be used by NRC to inspect the physical
_l performance testing programs used by the licensee to assure that it is adequate to protect the health and safety of the public.
1 2.
Reduction of Burden Throuah Information Technoloov.
I There are no legal obstacles to reducing the burden associated with this information collection; however, because of the infrequency of submission of revisions to the Fixed Site Physical Protection Plan, l
little would be gained by use of automated information technology.
Records of individual attempts at weapons qualification and physical l
performance tests and the associated medical clearances will not be submitted to the NRC but will be available for inspection. These
)
l records can be maintained in automated records management systems and stored on electronic media provided that legible, accurate, and complete j
i s
records can be produced during the required retention period in accordance with S73.70.
3.
Effort to Identify Duolication The physical performance testing and accompanying medical certifications are new information collection requirements. Therefore, no previous requirement to report this information exists. The revisions to the Fixed Site Physical Security Plan do not comprise duplication of information because licensees are only required to submit replacement pages to their existing plans.
4.
Effort to Use Similar Information No similar information exists.
5.
Effort to Reduce Small Business Burden Neither of the two affected licensees is classified as a small business.
6.
Conseauences of less Frecuent Collection f
The required records are routinely inspected by the NRC to assure compliance.
The schedule for collecting the information is the minimum frequency which will permit the NRC to ensure that the public health and safety are adequately protected.
7.
Circumstances Which Justify Variation from OMB Guidelines The information collections in this rule contain no variation from the OMB Guidelines contained in 5 CFR 1320.6.
l 8.
Consultations Outside the Acency During the development of the proposed amendments, the Commission staff has consulted with Dr. Philip Arzino from California State University at Hayward.
Furthermore, a peer review panel comprised of three members of the American College of Sports Medicine provided independent views and.
recommendations.
i 9.
Confidentiality of Information l
r The revisions to the Fixed Site Physical Security Plan will be Confidential National Security Information. The other information collections will be personal information and is protected in accordance j
with the Privacy Act.
10.
Justification for Sensitive Ouestions No sensitive questions are asked.
i i
I 11 Estimated Annualized Cost to the Federal Government Evaluation of and physical fitness testing-programs will result in an average 4 NRC staff hours expended per licensee per year for 2 NRC j
Category I licenses. A total of 8 NRC staff hours per year will be required for inspection of licensee maintained records.
The annual labor cost at $132 per hour, will be $1056.
In addition, there will be a one-time burden of 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> to review the submittal of security plan i
revisions or $10,560 (80 hrs. x $132) for a total-burden of $11,616.
f
- 12. Estimate of Burden a)
The estimated average annual burden for each NRC Category I f
licensee is 41 hours4.74537e-4 days <br />0.0114 hours <br />6.779101e-5 weeks <br />1.56005e-5 months <br />.
b)
Total average annual cost to industry is $2340 ($2868 + $1812 /
2).
Estimated annual cost per respondent is $1170 ($2340 + 2 licensees).
For the first 3 years, an additional burden of $3538 per licensee ($7075 for the industry'will be incurred for the preparation of a revised fixed site physical protection plan as required by 10 CFR 73.46(i)).
The proposed rule allows licensees to comply with 73.46(b)(10) and (11 or to comply with 73.46(b)(12)
Therefore, the compliance burden has been estimated separately for each alternative and an average cost burden has been i
calculated.
There are two licensees. Annual responses are not required; however, a
j responses have been annualized in the tables that follow.
- 13. Reasons for Chanae in Burden f
The proposed rule imposes new information collection requirements which in
]
turn increase the burden for the licensees in question.
- 14. Publication for Statistical Use i
This information is not published for statistical use.
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B: COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information.
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TABLE A - Alternative 1 License Application Reauirements for 10 CFR(b)(10) and (11) 1 Annualized over 3 years 1 Section No. of Licensee Total Licensee Licensee Staff Annual Annual Responses Hours Per Licensee Cost at Annually Submittal Burden
$132/hr (Hrs.)
73.46(i)
.67 80 53.6
$7075 t
Recordkeepina (RK) Reauirements for 10 CFR 73.46_(b)(10) and (111 Section No. of Annual Total RK Record Annual Rks Hours Hours Retention Cost to Per RK Period Respond (yrs) 73.46(b)(4)'
2 8.4 16.8 3
5756 73.46(b)(10)(iii)'
2 4
8 3
$1.056 73.46(b)(ll)(i)'
2 3
73.46(b)(ll)(iii)*
2 4
8 3
$1,056 Total 16.4 32.8
$2,868 i
i Recordkeepers are clerical personnel and were therefore costed at $45/hr.
I 2
'The medical certification will be provided by a licensed physician and i
therefore the $132/hr. rate for professionals has been used.
'These costs are included under S73.46(b)(4).
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TABLE B - Alternative 2 license Aonlication Reauirements for 10 CFR(b)(12)
LAnnualized over 3 years)
Section No. of Licensee Total Licensee Licensee Staff Annual Annual Responses Hours Per Licensee Cost at Annually Submittal Burden
$132/hr (Hrs.)
73.46(i)
.67 80 53.6
$7075 i
i i
Recordkeepina (RK) Requirements for 10 CFR 73.46 (b)(121 Section No. of Annual Total RK Record Annual Rks Hours Hours Retention Cost to Per RK Period Respond (yrs) 73.46(b)(4)'
2 8.4 16.8 3
5756 73.46(b)(12)(i) 2 3
73.46(b)(12)(ii)'
2 4
8 3
51,056 Total 12.4 24.8 51812 i
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'Recordkeepers are clerical personnel and were therefore costed at $45/hr.
'The medical certification will be provided by a licensed physician and therefore the 5132/hr. rate for professionals has been used.
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[7590-01]
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NUCLEAR REGULATORY COMMISSION j
10 CFR PART 73 j
i RIN: 3150-AD30 i
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Annual Physical Fitness Performance Testing for Tactical Response Team Members Armed Response Personnel.
l and Guards at Category I Licensees i
AGENCY:
Nuclear Regulatory Commission.
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ACTION:
Proposed rule.
l
SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for Tactical Response Team members, armed response personnel, and
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guards at fuel cycle facilities possessing formula quantities of strategic j
i special nuclear material (Category I licensees). This action is necessary to j
i ensure that these personnel are able to perform their assigned duties under j
conditions of strenuous tactical engagements. Tactical Response Team members, armed response personnel. and guards at these facilities would be required to j
participate in a continuing physical fitness program and. according to new-criteria, pass an annual performance test.
As an alternative to the fitness j
i program and the performance test previously proposed, the licensee will be 1
permitted to develop a content-based site specific test. to be administered
)
. quarterly, and to justify that this test duplicates the response-duties that are_ expected of Tactical Response Team members, armed response personnel, and guards in the event'of a strenuous tactical engagement.
i
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DATE: The comment period expires on [ Insert date 75 days following date of
_ publication.] Comments received after this date will be considered'if it is practical to do so. but_ assurance of consideration can be given only for comments received on or before this date.
ADDRESSES:
Mail written comments to: The Secretary of the Commission. U.S.
Nuclear Regulatory. Commission. Washington. DC 20555. Attention: Docketing and Service Branch.
Comments may also be delivered to 11555 Rockville Pike.
Rockville. MD between 7:30 a.m. and 4:15 p.m. on Federal workdays.
Copies of the regulatory analysis. the environmental assessment and finding of no significant impact. the Paperwork Reduction Act statement submitted to OMB, and any comments received will be available for examination and copying at the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington. DC.
FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission, Washington DC 20555.
telephone (301) 492-3634.
SUPPLEMENTARY INFORMATION:
BACKGROUND On November 10.1988 (53 FR 45447). the Commission published final amendments to 10 CFR 73.46 that require a Category I licensee to establish and train Tactical Response Teams (TRT)2. conduct periodic tact _ical exercises.
'" Tactical Response Team" means the primary response force for each shift which can be identified by a distinctive item of uniform armed with specified weapons. and whose other duties permit immediate response.
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and make available a force of guards or armed response personnel to provide i
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assistance to the TRT. as necessary.
At the time of the 1988 rulemaking, no need for specific physical fitness performance testing criteria was identified.
However. observations of' Category I licensee guard performance during a 1988 DOE Central Training l
Academy course prompted the NRC to examine. through the California State University at Hayward (CSUH). the physical fitness levels of Tactical Response Team members, armed response personnel. and guards at Category I licensees.
CSUH found that of 77 subjects tested. 26 percent had a poor level of cardiovascular fitness and another 29 percent were below average.
Furthermore. 26 percent of the individuals tested were classified as obese I
i because of high body fat levels.
Overall, the CSUH test results indicated i'
that a potentially significant number of guards may not have a sufficient cardiovascular reserve for a TRT response situation particularly if they must exert thec eives at a high intensity in order to reach the scene of an incident or their designated post during a critical situation.
Therefore, the NRC concluded that criteria for physical fitness performance testing of TRT members, armed response personnel, and guards as well as the specification of a minimum continuing physical fitness training program are needed to ensure an adequate level of fitness.
Accordingly on December 13. 1991 (56 FR 65024).
the Commission published proposed amendments to 10 CFR Part 73 that contained 2" Guard" means a uniformed individual armed with a firearm whose primary duty is the protection of special nuclear material against theft. the protection of a plant against radiological sabotage, or both.
3" Armed Response Personnel" means persons, not necessarily ' uniformed.
whose primary duty in the event of attempted theft of special nuclear material or radiological sabotage shall be to respond armed and equipped to prevent or delay such actions.
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1 additional requirements relative to the physical fitness qualifications of l
Tactical Response Team members. armed response personnel, and guards.
The Federal Register Notice also included the requirements for day firing i
qualification courses for those personnel.
The Commission has decided to publish the day firing qualification requirements as a final rule and to republish the physical fitness related requirements as a proposed rule as a l
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result of the analysis of public comment (see Summary of Public Comments).
The amendments proposed in 1991 would have required TRT members, armed-
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response personnel, and guards to participate in annual physical fitness l
1 performance testing and in a continuing physical fitness training program to ensure that the individuals achieve and maintain the required fitness level.
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Individuals would have been required to receive a physical examination by a j
licensed physician, and be provided with written certification that there are i
no medical contraindications to participation in the physical fitness training l
program or the annual performance testing. prior to participation in eitner
' l program.
In addition, the amendments proposed in 1991 would have required licensees to assess the general fitness of each participt'it every 4 months and t
to make modifications to the individual's training regime, as necessary.
In the amendments proposed in 1991, the minimum physical fitness l
-I training program needed to achieve the necessary fitness levels was separated into two elements.
The first element included the training of individuals i
through cardiovascular training activities such as running bicycling rowing.
j swimming, or cross-country skiing.
Individuals would be tested prior to assignment as a TRT member and each year thereafter using the performance criteria of a 1-mile run in 8.5 minutes or less and a 40-yard dash starting j
f from a prone position in 8.0 seconds or less.
Likewise, individuals to be 4
i i
c assigned as armed response personnel and guards would be required to j
par ticipate in the physical fitness training program. However, the performance criteria for these individuals would be a 1/2-mile run in
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4 minutes and 40 seconds or less and a 40-yard dash starting from a prone position in 8.5 seconds or less.
The fitness levels required of_ TRT members.
]
I whose duties are to perform offensive combative tasks, have been established by a 1982 DOE study.' The fitness levels required of armed response personnel and support guards, whose duties are to perform defensive combative tasks.
j were also established by the study.'
The second element of the physical fitness training program involved musculoskeletal training, i.e., exercises that develop strength, flexibility.
I and ene 'ance in the major muscle groups. Although musculoskeletal training would be an integral part of the physical fitness training program.
performance criteria were not specified because to date there have been no studies that establish the levels of strength, flexibility, and endurance required of TRT members. armed response personnel, and guards under conditions of strenuous tactical engagement. However, the effectiveness of the musculoskeletal training would be included in a licensee's assessment program and the results used to make appropriate modifications to an individual's training regime.
Two documents have been prepared which may be used by licensees in
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developing physical fitness training programs and by physicians responsible for the required medical examinations of personnel participating in the programs.
The first. " Physical Fitness Training Reference Manual for Security v
l
' Telfair. W. D., et al.. United States Department of Energy Physical L
Standards Validation Study. Professional Management Associates. Inc..
2
' September 30. 1982.
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J Force Personnel at Fuel; Cycle Facilities Possessing Formula Quantities of j
t 5
Strategic Special: Nuclear Material." NUREG/CR-5690 provides information on
.i designing and conducting a physical fitness training program.
The second l
" Medical Screening Reference Manual for Security Personnel at Category I Fuel Cycle Facilities Possessing Formula Quantities of Strategic Special Nuclear..
j Material." NUREG/CR-5689. is intended for use by the examining physic'.ans.
j i
These documents have been placed in the Public Document Room and are available
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for public inspection and copying.
Summary of Public Comments i
t The comment period for the proposed rule published December 13. 1991 (56 FR 65024) expired on March 13. 1992.
Three letters of comment were
-l received on the proposed requirements for both day firing qualifications and i
physical fitness programs. Since the requirements for day firing j
qualification are being published separately as a final rule, the comment j
summary below addresses only the comments on the proposed physical fitness f
training program and annual performance testing requirements. The comments
.i and their resolution as incorporated in this proposed rule, are as follows:
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i Copies of NUREGs may be purchased from the Superintendent of Documents.
U.S. Government Printing Office. P.O. Box 37082. Washington. DC 20013-7082.
i Copies are also available from the National Technical Information Service.
5285 Port Royal Road. Springfield. VA 22161. A copy is also available for 1
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inspection or copying at the NRC Public Docume'nt Room. 2120 L Street. NW.
(Lower Level). Washington. DC.
6
1.
Comment.
One commenter stated that the Commission has not J
- l adequately established the need for the continuing physical' fitness training 1
program and the annual performance testing.
I
Response
The Commission disagrees with this comment and reiterates-that observations of-licensee guard performance at Central Training Academy exercises alerted the NRC to the fact that guards may not be physically fit to j
i perform their response duties in spite of the existing requirement that they "shall have no physical weakness or abnormality that would adversely affect J
their performance of assigned security job duties." Based upon the unacceptable consequences of the failure to adequately respond to security 1
i related emergencies, the Commission believes that criteria, which objectively determine that Tactical Response Team members, armed response personnel, and r
guards have an adequate level of physical fitness to perform their duties, as well as a physical fitness training program.are needed.
l l
As a result of this comment. however, the Commission reexamined its j
i position as to whether or not other alternatives existed that provide the s'ame j
level of assurance that Tactical Response Team members, armed response j
personnel, and guards could adequately perform their assigned duties.
The l
Commission has decided that an acceptable alternative to the approach l
specified in proposed 10 CFR 73.46(b)(10) and (11) would be for licensees to develop site specific content-based physical fitness performance tests for NRC approval.
The site specific tests would duplicate the response duties a guard i
may need to perform during strenuous tactical engagements. These tests would be administered on a quarterly basis and would be used for qualiTying Tactical Response Team members. armed response personnel, and guards. Therefore. a new
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proposed paragraph. 10 CFR 73.46(b)(12), has been added to allow this type of 7
i l
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.j test' instead of the-physical fitness training program and annual performance
-l tests specified in proposed 10.CFR 73.46 (b)(10) and (11).
2.
Comment.
One commenter stated, without providing any rationale.
that the aerobic exercise requirement seems excessive and therefore either the i
frequency or intensity of the training sessions required in 10 CFR i
73.46(b)(10)(i)(A) should be reduced.
Response
The Commission disagrees with the commenter's contention.
The proposed rule specifies that the aerobic portion of the physical fitness training sessions be at least 20 minutes in duration at 75 percent of maximum heart rate three times per week.
The physical fitness training program is designed to follow the recommendations of the American College of Sports Medicine to achieve a level of fitness that helps Tactical Response Team members, armed response personnel, and guards maintain the requisite physical fitness for effective job performance and enable.s them to pass the applicable annual physical fitness performance tests. Therefore. neither the intensity nor the frequency of the aerobic requirement has been modified.
3.
Comment.
One commenter stated that individuals that served in
" static response positions." such as operators of central or secondary alarm stations. or guards at exit and entry portals should be exempted from the performance testing criteria because the rule states that the exercise program must be consistent with the environment in which individuals must perform their duties.
Response.
The Commission agrees that individuals whose assignments do not include strenuous response duties should not be required to participate in the physical fitness training program or annual performance testing..
Therefore. the proposed rule has been modified to include an exemption for 8
A these employees, provided that these individuals are not assigned temporary l
response guard duties.
4.
Comment: One commenter recommended, without providing any rationale. that different training regimes be specified for each type of i
position (i.e.. TRT member, armed response person, and guard).
Resoonse.
The Commission did not specify a training regime to be i
followed by participants in the continuing physical fitness training program.
The proposed rule provides the elements that must be part of the program in 10 CFR 73.46(b)(10)(i). The program must have elements devoted to aerobics.
I and to the strength, flexibility, and endurance of large nuscle groups.
The i
Commission expects its licensee to develop. and modify-as necessary, a j
training regime for each participant. depending >pon a nunber of factors.
These factors may include fitness level, recent medical history, and security responsibilities. The Commission believes that the language of this provision is sufficiently flexible to allow different training regimes for each type of j
t position as well as for different individuals within each position.
In fact.
j the text of 10 CFR 73.46(b)(10)(ii) included in this proposed rule states that l
" Individual exercise programs must be modified to be consistent with the needs 1
of each participating Tactical Response Team member armed response person.
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and guard, and consistent with the environments in which they v f he prepared to perform their duties."
5.
Comment.
One commenter stated that the proposed requirement in 10 CFR 73.46 (10)(b)(ii) for a fitness assessment every 4 months should be modified to read " assessments three times each year" to allow for individuals who are on vacation. sick leave, etc.. when the 4 months elapse.
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Resoonse.
The Commission believes that this is a valid concern.
However. the modification as suggested by the commenter is vague and may result in an abuse of the rule; For example, a licensee could perform assessments once every week for 3 successive weeks then none for over i
i 11 months and still be in compliance with the recommended modification.
Therefore. the following sentence has been added to 10 CFR 73.46 (b)(10)(ii)'
in the revised rule:
" Individuals who exceed 4 months without being assessed for general fitness. due to excused time off from work, must be assessed within 15 calendar days of returning to duty as a response guard."
6.
Comment.
One commenter stated that neither the method for.
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performing the assessment required in 10 CFR 73.46 (b)(10)(ii). nor any criterion for determining the acceptability of the results of the assessment.
1 is specified.
With regard to the methods used, this commenter questioned the l
requirement for a physical assessment by " medical personnel" and suggested
]
that a questionnaire-type d:cumentation of an individual's recent ' medical l
history and fitness-relate
- ctivities may be sufficient. This commenter l
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stated that frequent medical evaluations would b; unnecessarily repetitive.
Resoonse.
In regard to the commenter's question on the methods used for i
the trimester assessments, the proposed rule would not require a " physical assessment by medical personnel." What would be required is a recent health l
history, measures of cardiovascular fitness. percent of body fat. flexibility.
l muscular strength, and endurance.
Specific measures are not required so that
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licensees have the flexibility to develop their own programs.
The Commission i
believes that the trimester assessments are important because they will 1
identify deficiencies in individual training regimes and provide a timely.
mechanism for modification.
Concerning the commenter's assertion that no criteria are provided for the acceptability of the assessment results, it 10 i
4 should be noted that neither the existence nor absence of acceptance criteria relieves the licensee from the responsibility to assess the effectiveness of his program and make any necessary modifications to individual training regimes.
It will be up to each licencee to determine how its fitness staff will evaluate the needs of the program participants.
7.
Comment.
One commenter stated that-the requirement, in proposed S 73.46(b)(10)(ii). for an assessment to determine the effectiveness of the_
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continuing physical fitness training program implies the existence of some l
acceptance criteria and corrective actions. The commenter further stated that l
t the requirement should be deleted, because no criteria or corrective actions have been provided.
Barring sudden changes in an individual's medical status, f
I the annual physical examination should be sufficient to ensure the capability of Tactical Response Team members, armed response personnel, and guards to perform their duties.
Resoonse.
As noted in the previous response. it is the licensees responsibility to determine how the trimester assessments will be conducted.
Corrective actions for individuals whose fitness level is deemed to be unacceptable will vary depending upon the individual and the degree to which j
physical fitness has degenerated. These measures might include reclassifying f
the individual from a minimally supervised regime to a directly supervised or fq individually monitored regime.
In other cases. the training regime itself 1
might be modified to address specific deficiencies discovered.
In any event.
j the corrective action taken is also the responsibility of the licensee, who j
should rely upon a qualified program director to plan the action and obtain the appropriate medical advice when necessary. With respect to the comment that the yearly physical examination is sufficient to ensure that the.
continuing physical fitness program has been effective it should be noted 11 1
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that the yearly physical ' examination serves a different purpose and is not
'l relied upon to assess the adequacy of the program.
The purpose of the annual physical examination is to assure that Tactical Response Team members, armed response personnel, and guards are healthy.enough to participate in the 1
l continuing physical fitness training program and to be tested against the performance criteria without. undue hazard to themselves.
8.
Comment.
One commenter stated that the amount of time allowed for-implementation should be increased from 180 days to 1 year.
Response. The Commission believes that a 1-year implementation period is reasonable because licensees may need to purchase or lease facilities or I
equipment. or acquire qualified personnel to administer their programs.
Therefore this proposed rule has been amended to incorporate this comment.
9.
Comment..One commenter stated that the costs of a supervised or l
monitored physical fitness training program are excessive _and unwarranted l
because the improvement in security guard performance is not quantifiable.
t ResDonse.
The physical fitness performanca criteria were developed as a
-l.!
result of the DOE Physical Standards Validation Study. The fitness levels i
required of Tactical Response Team members, armed response personnel and j
guards, whose duties are to perform defensive combative tasks and offensive combative tasks, were established by the 1982 DOE study.
The Commission
-specifies the elements that should be part of the physical fitness training program and not the program itself.
These elements when taken together are considered the minimum required to allow Tactical Response Team members. armed i
response personnel and guards to achieve and maintain the fitness level j
required to successfully perform the physical fitness performance test each year and are necessary to ensure that Tactical Response Team members. armed
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12 i
i
response personnel. and guards can perform their response' duties.
The costs associated with implementing the elements can vary depending upon how the.
licensee designs the. program. The Commission-believes that this program is needed to ensure that Tactical Response Team members, armed response personnel, and guards at Category I licensees are sufficiently fit to perform their assigned duties under conditions of strenuous tactical engagement.
Also, to allow licensees to better control their costs.-the proposed rule contains a new paragraph. 10 CFR 73.46(b)(12). which allows licensees to have quarterly site specific content-based performance tests instead of a formal physical fitness training program and annual performance tests.
Quarterly l
testing has the advantage of reducing the possibility of degradation of a individual's fitness level as compared to annual qualification tests.
Therefore, no further modifications have been made in the rule.
10.
Comment.
One commenter recommended that licensee responsibility be limited to validatino that their personnel meet or exceed the physical fitness performance testing criteria, but not be required to provide a training program.
Response.
Under an alternative proposed in 10 CFR 73.46(b)(12) a licensee would not be required to have a physical fitness training program, provided Tactical Response Team members. armed response personnel, and guards pass site specific content-based physical fitness performance tests.
However.
licensees may still wish to provide a training program to ensure that their personnel are fit enough to undergo the qualification testing.
t 11.
Comment.
One commenter questioned why the requirement for a l
medical examination 30 days prior to performance testing. which was previously L
I in Appendix B to Part 73 and deleted in 1988. was restored in this rule. The 13 e
_._____________________________________________.____.______1___.___
t f.'
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commenter does not1 state whether or' not= the requirement'should beLmodified or-deleted; Response: Previous requirements for timing of physical examinations are j
unrelated to the proposed 10 CFR 73.46(b)(11)(iiii, which stater that each guard undergo a physical examination within 30 days of participating in the l
physical fitness performance testing.
The underlying issue of this requirement is the well-being of the individual being tested. The Commission-1 believes that it is prudent to obtain a minimum level of assurance that an individual has no medical contraindications to physical fitness performance testing which may require a maximum effort on the part of the individual being.
tested.
The 30-day limit is a common industry practice and is equivalent to the requirement in 10 CFR 1046 which applies to DOE security personnel.
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Criminal Penalties j
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The Commission notes that these amendments are issued under Sections j
161 b and i of the Atomic Energy Act of 1954, as amended. Therefore, violation of these regulations may subject a person to criminal swictions under Section 223 of the Atomic Energy Act.
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Finding of no Significant Environmental Impact: Availability i
The Commission has determined under the National Environmental Policy 1
Act of 1969. as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule. if adopted, will not be a major Federal action.
.f significantly affecting the quality of the human environment, and therefore.
4 14 i
't.
'4-a an environmental impact statement is not required. The proposed rule will not adversely affect'either the safety of the operations carried out by licensees possessing formula quantities of strategic special nuclear material' nor the routine release of or exposure to, radioactivity.
These amendments would specify (1) annual performance testing criteria and a minimum physical fitness training program or (2) a quarterly administered site specific content-based physical fitness performance test to assure that Tactical Response Team members. armed response personnel, and guards can adequately perform their' duties under conditions of strenuous tactical engagement.
The environmental assessment and finding of no significant impact on which this determination-is based is available for inspection at the NRC Public Document Room. 2120 L Street. NW. (Lower Level). Washington. DC.
Single copies of the environmental assessment and finding of no significant impact are available from Mr' Harry Tovmassian. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission. Washington. DC 20555.
(301) 492-3634.
Paperwork Reduction Act Statement This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
The.public reporting burden for this collection of information is estimated to average 41 hours4.74537e-4 days <br />0.0114 hours <br />6.779101e-5 weeks <br />1.56005e-5 months <br /> per licensee respondent, including the time for reviewing instructions searching existing data sources, gathering and 15
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I j
~' maintaining the data needed and completing and reviewing the collection of-
.i information.
Send. comments regarding this burden estimate or any other aspect l
of this collection of information. including suggestions for reducing. this -
burden, to the Information and Records Management Branch-(MNBB-7714). U.S.
Nuclear Regulatory Commission. Washington D.C. 20555: and to the Desk Officer. Office of. Information and Regulatory Affairs.' NE0B-3019. (3150-0002).
Office of Management and Budget. Washington D.C. 20503.
i Regulatory Analysis i
i The Commission has prepared a regulatory analysis on this proposed amendment.
The analysis examines the costs and benefits of the alternatives i
considered by the Commission and provides a decision rationale for the chosen l
approach. The analysis is available for inspection in the NRC Public Document Room. 2120 L Street. NW. (Lower Level). Washington DC.
Singlecopies'5f.the i
regulatory analysis may be obtained from Ms. Carrie Brown. Office of Nuclear Material Safety and Safeguards. U.S. Nuclear Regulatory Commission.
Washington. DC 20555. (301) 504-2382.
Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980. 5 U.S.C.
605(b). the Commission certifies that this rulemaking, if adopted, will not have a significant economic impact upon a substantial number of small entities. The proposed rule would affect two Category I licensees.
The companies that own these plants do not fall within the scope of the definition f
of "small entities" set forth in the Regulatory Flexibility Act or the Small Bcsiness Size Standards set out in regulations issued by the Small Business 16 a
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y
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Administration in 13 CFR Part 121. Thus, this rule does not fall within the-purview of the act.
Backfit Analysis i
i The Commission has determined that the backfit rule.10 CFR 50.109 does j
not apply to this proposed. rule because these amendments do not impose j
requirements on existing 10 CFR Part 50 licensees.
Therefore, a backfit '
l analysis is not required for this proposed rule.
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List of Subjects in 10 CFR Part 73 I
Criminal penalties. Hazardous materials - transportation. Incorporation by reference. Nuclear materials. Nuclear power plants and reactors. Reporting i
i and recordkeeping requirements. Security measures.
j
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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
- 1 as amended. and 5 U.S.C. 553 the Commission is proposing to adopt the I
following amendments to 10 CFR Part 73.
i PART 73 -PHYSICAL PROTECTION OF PLANTS AND' MATERIALS i
i
-1.
The authority citation for 10 CFR Part 73 continues to read as r
follows:
I i
l 17 1
i M,
i
AUTHORITYi Sets. 53,161. 68 Stat. 930. 948.l as amended, sec. 147. 94
.j Stat. 780 (42 U.S.C, 2073. 2167. 2201): sec.'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.
a 2232. 2241 (42 U.S.C. 10155. 10161).
Section 73.37(f) also issued.under sec..
l-!
301. Pub. L.96-295. 94' S' at. 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).
l h
2.
In S 73.46 paragraphs (b)(4) and paragraph (i) are revised and new paragraphs (b)(10). (b)(11), and (b)(12) are added to read as follows:
1 6 73.46 Fixed site ohysical orotection systems. subsystems. components. and orocedures.
(b) i I
(4) The licensee may not permit an individual to act as a Tactical Response Team member. armed response person, or guard unless the individual has been trained. equipped, and qualified to perform ear.h assigned security 1
duty in accordance with Appendix B of this part. " General Criteria for Security Parsonnel. " Tactical Response Team members armed response personnel, and guards shall be trained. equipped. and qualified for use of their assigned weapon in accordance with paragraphs (b)(6) and (b)(7) of this section.
In addition. Tactical Response Team members armed response 4
personnel. and guards shall be trained and qualified in accordance with either l
paragraphs (b)(10) and (b)(11) or paragraph (b)(12) of this section.
Upon the request of an authorized representative of the NRC. the licensee shall 1
-18
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demonstrate the ability of the physical security personnel. whether licensee
- or contractor employees, to carry out their assigned duties and responsibilities.
Each Tactical Response Team member. armed response person.
and guard. whether a licensee or contractor employee, shall requalify in accordance with Appendix B'of this part. Tactical. Response Team members.
armed response personnel, and guards shall also requalify in accordance with-paragraph (b)(7) of this section at least once every 12 months. The licensee shall document the results of the qualification and requalification.
The licensee shall retain the documentation of each qualification and requalification as a record for 3 years after each qualification and requali fication.
j i
a (10)
In addition to the medical examinations and physical fitness requirements of paragraph I.C of Appendix B of this part. each Tactical Response Team member, armed response person, and guard, except as provided in i
paragraph (b)(10)(v) of this section, shall participate in a physical fitness training program on a continuing basis.
(i) The elements 'of the physical fitness training program must include.
but not necessarily be limited to. the following:
(A) Training sessions of sufficient frequency, duration. and intensity to be of aerobic benefit. e.g.. normally a frequency of three times per week.
maintaining an intensity of approximately 75 percent of maximum heart rate for i
20 minutes:
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(B) Activities that use large muscle groups. that can be maintained 1
continuously, and that are rhythmical and aerobic in nature, e.g.. running.
bicycling, rowing. swimming, or cross-country skiing: and (C) Musculoskeletal training exercises that develop strength.~
flexibility. and endurance in the major muscle groups.' e..g.. legs arms.. and shoulders.
(ii) The licensee.shall assess Tactical Response Team members, armed j
response personnel, and. guards for general fitness once every 4 months.to i
determine the effectiveness of the continuing physical' fitness training program.
Assessments must include a recent health history measures of 3
cardiovascular fitness, percent of body fat. flexibility, muscular strength.
and endurance.
Individual exercise programs must be modified to be. consistent
}
with the needs of each participating Tactical Response Team member, armed.
response person, and guard and consistent with the environments in which they _
must be prepared to perform their duties.
Individuals who exceed 4 months l
without being assessed for general fitness.due to excused time off from work i
must be assessed within 15 calendar days of returning to duty as a Tactical Response Team member, armed response person, or guard.
(iii) Within 30 days prior to participation in the physical fitness.
training program, the licensee shall give Tactical Response Team members.
armed response personnel, and guards a medical examination including 'a determination and written certification by a licensed physician that there are no medical contraindications, as disclosed by the medical examination to participation in the physical fitness training program.
(iv)
Licensees may temporarily waive an individual's participation in the physical fitness training program on the advice of the licensee's e
20 m.
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examining physician. during which time the individual may not be assigned duties as a Tactical Response Team member.
(v) Guards whose duties are to staff the central or secondary alarm
- station and those who control exit or entry portals are' exempt'from the physical fitness training program specified in paragraph (b)(10) of this section. provided that they are not assigned temporary response guard duties.
(11)
In addition to the physical fitness demonstration contained in paragraph 1.C of Appendix 3 of this part. Tactical Response Team members.
armed response personnel. and guards shall meet or exceed the requirements in paragraphs (b)(11)(i) through (b)(11)(v) of thi.s section, except as provided in paragraph (b)(11)(vi) of this section, initially and at least once every 12 months thereafter.
(i) For Tactical Response Team members the criteria are a 1-mile run in 8 minutes and 30 seconds or less. and a 40-yard dash starting from a prone pos t ion in 8 seconds or less.
For armed response personnel and guards that are not members of the Tactical Response Team the criceria are a one-half mile run in 4 minutes arid 40 seconds or less and a 40-yard dash starting from a prone position in 8.5 seconds or less.
The test may be taken in ordinary athletic attire under the supervision of licensee designated personnel.
The licensee shall retain a record of each mdividual's performance for 3 years.
(ii)
Incumbent Tactical Response Team members. armed response personnel, and guards shall meet or exceed the qualification criteria within 12 months of NRC approval of the licensee's revised Fixed Site Physical Protection Plan.
New employees hired after the approval date shall meet or exceed the qualification criteria prior to assignment as a Tactical Response Team member, armed response person or guard.
21
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(iii) Tactical Response Team members. armed response personnel, and guards shall be given a medical examination including a determination and written certification by a licensed physician that there are no medical con--
traindications, as disclosed by the medical examination,. to participation in the physical fitness performance testing. The medical. examination must be.-
)
given within 30 days prior to the first administration of the physical fitness l
performance test. and on an annual basis thereafter..
(iv) The licensee shall place Tactical Response Team members.
armed response persons. and guards. who do not meet or exceed the qualification criteria. in a monitored remedial physical fitness training program and relieve them of security duties until they satisfactorily meet or 4
exceed the qualification criteria.
(v) Licensees may temporarily waive the annual performance testing for an individual on the advice of the licensee's examining physician. during i
which time the individual may not be assigned duties as a Tactical Response l
Team member.
(vi) Guards whose duties are to staff the central or secondary alarm station and those who control exit or entry portals are exempt from the annual performance testing specified in paragraph (b)(11) of this section, provided j
.I that they are not assigned temporary response guard-duties.
(12) The licensee may elect to comply with the requirements of this l
paragraph instead of the requirements of paragraphs (b)(10) and (b)(11) of this section.
In addition to the physical fitness qualifications of paragraph i
I.C of Appendix B of this part. each licensee subject to the requirements of this section shall submit to the NRC for approval site specific, content-I based. physical fitness performance tests which will -- when administered to 22 i
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4 each Tactical Response Team member, armed response person or guard.--
duplicate the response duties these individuals may need to perform during a strenuous tactical engagement.
(i) The test must be administered to each Tactical. Response Team member, armed response personnel, and guard once every 3 months.
The test i
must specifically address the physical capabilities needed by armed response personnel during a strenuous tactical engagement at the licensed facility.
Individuals who exceed 3 months without having been administered the test'due-to excused time off from work must be tested within 15 calendar days of j
returning to duty as a Tactical Response Team member, armed response person.
or guard.
(ii) Within 30 days prior to the first administration of the physical l
fitness performance test, and on an annual basis thereafter, Tactical Response Team members, armed response personnel, and guards shall be given a medical-I examination including a determination and written certification by a licensed physician that there are no medical contraindications. as disclosed by the j
medical examination, to participation in the physical fitness performance j
test.
(iii) Guards whose duties are to staff the central or secondary alarm i
i station and those who control exit or entry portals are exempt from the performance test specified in paragraph (b)(12) of this section provided that they are not assigned temporary response guard duties.
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i (1)
Implementation schedule for revisions to Dhysical orotection plans.
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.(1) By (Insert a date 90 days after the effective date of these-l t
amendments) each licensee shall submit a revised Fixed Site Physical Protec-i tion Plan to the NRC for approval. The revised. plan must describe how the j
licensee will' comply with the requirements of paragraphs (b)(10) and (b)(11)'
i of this section'or the requirements of (b)(12) of this-section.
Revised plans must be mailed to the Director. Division of Fuel Cycle Safety and Safeguards.
j Office of Nuclear Material Safety and Safeguards. U.S. Nuclear Regulatory l
Commission. Washington. DC 20555.
l i
(2) Each licensee shall implement the approved plan pursuant to l
paragraphs (b)(10) and (b)(11) of this section or (b)(12) of this section within 1 year after NRC approval of the revised Fixed Site Physical Protection Plan.
i Dated at Rockville. Maryland. this day of
, 1993.
'l For the Nuclear Regulatory Commission.
j Samuel J. Chi lk.
I Secretary of the Commission.
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[7590-01]
NUCLEAR REGULATORY COMMISSION l
Documents Containing Reporting or Recordkeeping Requirements: Office of Management and Budget (OMB) Review f
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1 AGENCY:
Nuclear Regulatory Commission (NRC)
I ACTION:
Notice of the OMB review of information collection.
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SUMMARY
The Nuclear Regulatory Commission has recently submitted to OMB I
for review the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1980 i
(44 U.S.C. Chapter 35).
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Type of submission, new, revision, or extension: Revision.
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The title of the information collection:
Physical Fitness Programs for Security Personnel at i
Category I Licensee Fuel Cycle Facilities.
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The form number if applicable: Not applicable.
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How often is the collection required:
Revisions to the Fixed Site Physical Protection Plan are required once - upon j
rule implementation.
Recordkeeping requirements associated I
with physical fitness performance testing are required once each year for each security force member.
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Who will be required or asked to report: Applicants for license or licensees authorized to possess formula quantities of strategic special nuclear material.
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6.
An estimate of the number of responses annually:
.67 responses.
7.
An estimate of the number of hours needed annually to complete the requirement or request:
86 (approximately 54 hours6.25e-4 days <br />0.015 hours <br />8.928571e-5 weeks <br />2.0547e-5 months <br /> of reporting burden and approximately 32 hours3.703704e-4 days <br />0.00889 hours <br />5.291005e-5 weeks <br />1.2176e-5 months <br /> of recordkeeping burden).
8.
An indication of whether Section 3504(h), Pub. L.96-511 applies: Applicable.
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Abstract: The proposed rule would require an applicant for license or a licensee authorized to possess formula quantities of strategic special nuclear material to institute annual physical fitness _ performance testing.
Licensees would be required to submit revisions to their Fixed Site Physical Protection Plan and to retain certificates prepared by examining physicians and records of all attempts to perform the physical fitness-performance test or the site specific content-based performance test.
The information collections are mandatory and will be used by the NRC to ensure licensee compliance with the commitments made 'in the Fixed Site Physical Protection Plan.
Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 2120 L Street, N.W. (Lower Level), Washington, D.C.
Comments and questions can be directed by mail to the OMB reviewer:
Ronald Minsk Office of Information and Regulatory Affairs (3150-0002)
NE0B-3019 Office of Management and Budget Washington, D.C. 20503 2
Comments can also be submitted by telephone at (202) 395-3084.
The NRC Clearance Officer is Brenda Jo. Shelton, (301) 492-8132.
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Dated at Bethesda, Maryland, this)hA day of eM,1993.
V For the Nuclear Regulatory Commission.
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g Gerald F. Cr'anford, Desig#ated Senior' Official for Information Resources Management E
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