ML20058J211
| ML20058J211 | |
| Person / Time | |
|---|---|
| Issue date: | 10/04/1993 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Lehman R, Lieberman J, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| FRN-58FR52035, RULE-PR-73 CCS, NUDOCS 9312140006 | |
| Download: ML20058J211 (4) | |
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WASHINGTON. D C. 20G56 0001
'e October 4, 1993 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Comittee on Natural Resources 1
United States House of Representatives Washington, DC 20515 j
Dear Mr. Chairman:
l The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Comission's regulations on physical protection of plants and materials. These amendments would require that guards and other armed response personnel at fuel cycle facilities authorized to possess formula quantities of strategic special nuclear material participate in annual physical fitness performance testing and participate in a physical fitness training program.
Alternatively, licensees could develop, and administer quarterly, site specific content-based tests which duplicate the response tasks to be performed in the event of a strenuous tactical engagement.
These amendments are necessary to ensure that security personnel are capable l
of defending their facilities against a group of individuals possessing the capabilities which the NRC ascribes to the design basis threat.
Presently, two licensees will be affected by these proposed amendments.
Sincerely,
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g, Dennis K. Rathbun, Director Office of Congressional Affairs I
Enclosure:
As stated cc:
Representative Barbara Vucanovich 1
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%..~. A f October 4, 1993 The Honorable Philip R. Sharp, Chairman Subcomittee on Energy and Power Comittee on Energy and Comerce United States House of Representatives j
Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Comission's regulations on physical protection of plants and materials. These amendments would require that guards and other armed response personnel at fuel cycle facilities authorized to possess formula quantities of strategic special nuclear material participate in annual physical fitness performance testing and participate in a physical fitness training program. Alternatively, licensees could develop, and administer quarterly, site specific content-based tests which duplicate the response tasks to be performed in the event of a strenuous tactical engagement.
These amendments are necessary to ensure that security personnel are capable of defending their facilities against a group of individuals possessing the capabilities which the NRC ascribes to the design basis threat.
Presently, two licensees will be affected by these proposed amendments.
6 Sincerely, W
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated cc:
Representative Michael Bilirakis
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WASHINGTON. D.C. 20555M1
'g' v j' October 4, 1993 The Honorable Joseph Lieberman, Chairman Subcomittee on Clean Air and Nuclear Regulation Comittee on Environment and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendments to the Commission's regulations on physical protection of plants and materials.
These amendments would require that guards and other armed response personnel at fuel cycle facilities authorized to possess formula quantities of strategic special nuclear material participate in annual physical fitness performance testing and participate in a physical fitness training program. Alternatively, licensees could develop, and administer quarterly, site specific content-based tests which duplicate the response tasks to be performed in the event of a strenuous tactical engagement.
These amendments are necessary to ensure that security personnel are capable of defending their facilities against a group of individuals possessing the capabilities which the NRC ascribes to the design basis threat.
Presently, two licensees will be affected by these proposed amendments.
Sincerely, Jp
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Dennis X. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated cc:
Senator Alan K. Simpson i
I October 4, 1993 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives i
Washington, DC 20515 Dear Mr. Chairman The NRC has sent to the Office of the Federal Register for publication.the enclosed proposed amendments to the Commission's regulations on physical protection of plants and materials.
These amendments would require that guards and other armed response personnel at fuel cycle facilities authorized to possess formula quantities of strategic special nuclear material participate in annual physical fitness performance testing and participate in a physical fitness training program. Alternatively, licensees could develop, 4
and administer quarterly, site specific content-based tests which duplicate i
the response tasks to be performed in the event of a strenuous tactical engagement.
These amendments are necessary to ensure that security personnel are capable of defending their facilities against a group of individuals possessing the capabilities which the NRC ascribes to the design basis threat.
Presently, l
two licensees will be affected by these proposed amendments.
Sincerely, Original signed by/
Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
As stated l
cc:
Representative Barbara Vucanovich Distribution:
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NUCLEAR REGULATORY COMMISSION 10 CFR PART 73 RIN: 3150-AD30 Annual Physical Fitness Performance Testing for Tactical Response Team Members, Armed Response Personnel, j
and Guards at Category I Licensees AGENCY: Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for Tactical Response Team members, armed response personnel, and guards at fuel cycle facilities possessing formula quantities of strategic special nuclear material (Category I licensees). This action is necessary to ensure that these personnel are able to perform their assigned duties under conditions of strenuous tactical engagements. Tactical Response Team members, armed response personnel, and guards at these facilities would be required to participate in a continuing physical fitness program and, according to new criteria, pass an annual performance test. As an alternative to the fitness program and the performance test previously proposed, the licensee will be permitted to develop a content-based site specific test, to be administered j
quarterly, and to justify that this test duplicates the response duties that 1'I are expected of Tactical Response Team members, armed response personnel, and guards in the event of a strenuous tactical engagement.
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OATE:
The comment period expires en [ Insert date 75 days folicwing 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.
I 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.
5 FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Conmission, 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)*, conduct periodic tactical exercises, t
2" 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 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 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 because of high body fat levels. Overall, the CSUH test results indicated that a potentially significant number of guards may not have a sufficient cardiovascular reserve for a TRT response situation, particularly if they must exert themselves 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 I
adequate level of fitness. Accordingly, on December 13, 1991 (56 FR 65024),
the Commission published proposed amendments to 10 CFR Part 73 that contained
'" 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.
'" 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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additional requirements relative to the pnysical fitness qualifications of Tactical Response Team memoers, armed response personnel, and guards. The Federal Register Notice also included the requirements for day firing 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 result of the analysis of public comment (see Summary of Public Comments).
The amendments proposed in 1991 would have required TRT members, armed response personnel, and guards to participate in annual physical fitness performance testing and in a continuing physical fitness training program to ensure that the individuals achieve and maintain the required fitness level.
Individuals would have been required to receive a physical examination by a licensed physician, and be provided with written certification that there are no medical contraindications to participation in the physical fitness training program or the annual performance testing, prior to participation in either program.
In addition, the amendments proposed in 1991 would have required licensees to assess the general fitness of each participant every 4 months and to make modifications to the individual's training regime, as necessary.
In the amendments proposed in 1991, the minimum physical fitness training program needed to achieve the necessary fitness levels v.s separated into two elements.
The first element included the training of individuals through cardiovascular training activities such as running, bicycling, rowing, 1
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 from a prone position in 8.0 seconds or less.
Likewise, individuals to be 4
- assigned as armed response personnel and guards would be requirea to participate in the physical fitness training program. However, the performance criteria for these individuals would be a 1/2-mile run in 4 minutes and 40 seconds or less and a 40-yard dash starting from a prone i
position in 8.5 seconds or less. The fitness levels required of TRT members, 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, were also established by the study.'
The second element of the physical fitness training program involved I
I musculoskeletal training, i.e.,
exercises that. develop strength, flexibility, and endurance in the major muscle groups.
Although musculoskeletal training l
would be an integral part of the physical fitness training program, performance criteria were not specified because to date there have been no
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e 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 i
training regime.
Two documents have been prepared which may be used by licensees in l
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
' Telfair, W. D., et al., United States Department of Energy Physical f
Standards Validation Study, Professional Management Associates, Inc.,
September 30, 1982.
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Force Personnel at Fuel Cycle Facilities Possessing Formula Quantities of i
Strategic Special Nuclear Material," NUREG/CR-5690,' provides information on i
designing and conducting a physical fitness training program. The second,
'edical Screening Reference Manual for Security Personnel at Category I Fuel Cycle Facilities Possessing Formula Quantities of Strategic Special Nuclear l
Material," NUREG/CR-5689, is intended for use by the examining physicians.
These documents have been placed in the Public Document Room and are available for public inspection and o pying.
i Sumary of Public Coments The coment period for the proposed rule published December 13, 1991 (56 FR 65024) expired on March 13, 1992. Three letters of coment were received on the proposed requirements for both day firing qualifications and physical fitness programs. Since the requirements for day firing
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qualification are being published separately as a final rule, the coment sumary below addresses only the coments on the proposed physical fitness training program and annual performance testing requirements. The coments and their resolution, as incorporated in this proposed rule, are as follows:
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' Copies of NUREGs may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082.
l Copies are also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. A copy is also available for i
l inspection or copying at the NRC Public Document Room, 2120 L Street, NW.
(Lower Level), Washington, DC.
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1.
Comment.
One commenter stated that the Commission has not adequately established the need for the continuing physical fitness training program and the annual performance testing.
Response.
The Commission disagrees with this comment and reiterates i
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 perform their response duties in spite of the existing requirement that they "shall have no physical weakness or abnormality that would adversely affect their performance of assigned security job duties." Based upon the unacceptable consequences of the f ailure to adequately respond to security i
related emergencies, the Commission believes that criteria, which objectively determine that Tactical Response Team members, armed response personnel, and guards have an adequate level of physical fitness to perform their duties, as well as a physical fitness training program are needed.
I As a result of this comment, however, the Commission reexamined its position as to whether or not other alternatives existed that provide the same level of assurance that Tactical Response Team members, armed response personnel, and guards could adequately perform their assigned duties. The l
Commission has decided that an acceptable alternative to the approach i
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 qualifying Tactical Response Team members, armed response personnel, and guards.
Therefore, a new i
proposed paragraph, 10 CFR 73.46(b)(12), has been added to allow this type of l
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test instead of the physical fitness training program and annual performance tests specified in proposed 10 CFR 73.46 (b)(10) and (11).
2.
Comment.
One commenter stated, eithout providing any rationale, j
that the aerobic exercise requirement seems excessive and therefore either the frequency or intensity of the training sessions required in 10 CFR 1
73.46(b)(10)(i)(A) should be reduced.
Resoonse.
The Commission disagrees with the commenter's contention.
l 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 l
l 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 i
fitness for effective job performance and enables them to pass the applicable i
annual physical fitness performance tests. Therefore, neither the intensity i
nor the frequency of the aerobic requirement has been modified.
l 3.
Comment.
One commenter stated that individuals that served in
" static response positions," such as operators of central or secondary alarm 1
I 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 r
their duties.
[
Resoonse. The Commission agrees that individuals whose assignments do f
not include strenuous response duties should not be required to participate in t
the physical fitness training program or annual performance testing.
i Therefore, the proposed rule has been modified to include an exemption for 8
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e these employees, provided that these individuals are not assigned temporary response guard duties.
4.
Comment.
One commenter recommended, without providing any rationale, that different training regimes be specified for each type of position (i.e., TRT member, armed response person, and guard).
Response.
The Comission did not specify a training regime to be followed by participants in the continuing physical fitness training program.
The proposed rule provides the elements that must be part of the program in j
The program must have elements devoted to aerobics and to the strength, flexibility, and endurance of large muscle groups. The Comission expects its licensee to develop, and modify as necessary, a training regime for each participant, depending upon a number of factors.
These factors may include fitness level, recent medical history, and security responsibilities.
The Comission believes that the language of this provision is sufficiently flexible to allow different training regimes for each type of l
2 position as well as for different individuals within each position In fact, l
the text of 10 CFR 73.46(b)(10)(ii) included in this proposed rule states that
" Individual exercise programs must be modified to be consistent with the needs of each participating Tactical Response Team member, anned response person, and guard, and consistent with the environments in which they must be prepared to perform their duties."
l 5.
.C2 ment.
One comenter stated that the proposed requirement in t
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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l Response.
The Commission believes that this is a valid concern.
However, the modification as suggested by the commenter is vague and may 1
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 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 assessad 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 metnod for 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, is specified.
With regard to the methods used, this commenter questioned the requirement for a physical assessment by " medical personnel" and suggested that a questionnaire-type documentation of an individual's recent medical history and fitness-related activities may be sufficient.
This conmenter stated that frequent medical evaluations would be unnecessarily repetitive.
Response.
In regard tc the commenter's question on the methods used for l
l the trimester assessments, the proposed rule would not require a " physical l
assessment by medical personnel." What would be required is a recent health l
history, measures of cardiovascular fitness, percent of body fat, flexibility, muscular strength, and endurance. Specific measures are not required so that licensees have the flexibility to develop their own programs. The Commission believes that the trimester assessments are important because they will 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
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 f
regimes.
It will be up to each licencee to determine how its fitness staff will evaluate the needs of the program participants.
t 7.
Comment.
One commenter stated that the requirement, in proposed 5 73.46(b)(10)(ii), for an assessment to determine the effectiveness of the continuing physical fitness training program implies the existence of some i
acceptance criteria and corrective actions. The commenter further stated that 3
the requirement should be deleted, because no criteria or corrective actions have been provided.
Barring sudden changes in an individual's medical status, j
the annual physical examination should be sufficient to ensure the capability
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i of Tactical Response Team members, armed response persennel, and guards to l
l perform their duties.
4 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 physical fitness has degenerated. These measures might include reclassifying j
the individual from a minimally supervised regime to a directly supervised or i
individually monitored regime.
In other cases, the training regime itself might be modified to address specific deficiencies discovered.
In any event, the corrective action taken is also the responsibility of the licensee, who 4
should rely upon a qualified program director to plan the action and obtain the appropriate medical advice when necessary. With respect to the comment j
that the yearly physical examination is sufficient to ensure that the I
continuing physical fitness program has been effective, it should be noted 11
4 that tha jearly physical examination serves a different purpose and is not j
relied upon to assess the adequacy of the program.
The purpose of the annual
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physical examination is to assure that Tactical Response Team members, armed response personnel, and guards are healthy enough to participate in the 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 Comission believes that a 1-year implementation period i
is reasonable because licensees may need to purchase or lease facilities or equi,; ment, or acquire qualified personnel to administer their programs.
Therefore, this proposed rule has been amended to incorporate this coment.
9.
Comment.
One comenter stated that the costs of a supervised or monitored physical fitness training program are excessive and unwarranted because the improvem;nt in security guard performance is not quantifiable, i
Re..oonse.
The physical fitness perfomance criteria were deveioped as a reso
(.he DOE Physical Standards Validation Study. The fitness levels requi m V Tactical Response Team members, armed response personnel, and l
guards, vuose duties are to perform defensive combative tasks and offensive combative tasks, were established by the 1982 DOE study. The Comission i
specifies the elements that should be part of the physical fitness training L
program and not the pryram itself. These elements when taken together are 4
considered the minimum required to allow Tactical Response Team members armed i
response personnel, and guards to achieve and maintain the fitness level required to successfully perform the physical fitness performance test each year and are necessary to ensure that Tactical Response Tear members, armed l
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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 Comission 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. Quuterly testing has the advantage of reducing the possibility of degradation of a l
individual's fitness level as compared to annual qualification tests.
Therefore. no further modifications have been made in the rule.
10.
Comen t.
One comenter recomended that licensee responsibility be l
limited to validating that their personnel meet or exceed the physical fitness performance testing criteria, but not be required to provide a training program.
Response.
Under an alterna. a 7 posed 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 l
pass site specific content-based physical fitness performance tests. However,
'I licensees may still wish to provide a training program to ensure that their i
personnel are fit enough to undergo the qualification testing.
11.
Conment.
One comenter questioned why the requirement for a i
medical examination 30 days prior to performance testing, which whs previously in Appendix B to Part 73 and deleted in 1988, was restored in this rule. The 13 a
4 commenter does not state whether or not the requirement should be modified or deleted.
i
- Resoonse, Previous requirements for timing of physical examinations are unrelated to the proposed 10 CFR 73.*6(b)(ll)(iii), which states that each
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guard undergo a physical examination within 30 days of participating in the i
physical fitness performance testing. The underlying issue of this t
requirement is the well-being of the individual being tested.
The Commission a
believes that it is prudent to obtain a minimum level of assurance that an individual has no medical contraindications to physical fitness performance j
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 i
the requirement in 10 CFR 1046 which applies to DOE security personnel.
Criminal Penalties The Commission notes that these amendments are issued under Sections 161 b and i of the Atomic Energy Act of 1954, as amended. Therefore, violation of these regulations may subject a person to criminal sanctions
'I under Section 223 of the Atomic Energy Act.
Finding of no Significant Environmental Impact: Availability The Commission has determined under ".he National Environmental. Policy 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 significantly affecting the quality of the human environment, and therefore, f
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.l an environmental impact statement is not required.
The proposeo 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 I
members, armed response personnel, and guards can adequately perform their i
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.
i Single copies of the environmental assessment and finding of no significant impact are available from Mr. Harry Tovmassian, Office of Nuclear Regulatory i
i Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 492-3634.
l i
Paperwork Reduction Act Statement h
i This proposed rule amends information collection requirements that are j
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 t
estimated to average 41 hoces per licensee respondent, including the time for reviewing instructions, searching existing data sources, gathering and i
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maintaining the data neeoed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this i
l burden, to the Information and Records Management Branch (MNBB-7714), U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555; and to the Desk j
Officer, Office of Information and Regulatory Affairs NE0B-3019, (3150-0002),
Office of Management and Budget, Washington, D.C. 20503.
Regulatory Analysis The Commission has prepared a regulatory analysis on this proposed amendment.
The analysis examines the costs and benefits of the alternatives considered by the Commission and provides a decision rationale for the chosen approach.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC.
Single copies of the 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.
l Regulatory flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.
t 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 of "small entities" set forth in the Regulatory Flexibility Act,15 U.S.C.
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632, or the Small Business Size Standards set out in regulations issued by the 16
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Small Business Administration in 13 CFR Part 121.
Thus, this rule dou; not
{
t fall within the purview of the act.
i Backfit Analysis The Commission has determined that the backfit rule,10 CFR 50.109, does i
not apply to this proposed rule because these amendments do not impose requirements on existing 10 CFR Part 50 licensees. Therefore, a backfit analysis is not required for this proposed rule.
List of Subjects in 10 CFR Part 73 l
l Criminal penalties, Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
i For the reasons set out in the preamble and under the authority of the 2
Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the Conn'ssion is proposing to adopt the i
following amendments to 10 CFR Part 73.
PART 73--PHYSICAL PROTECTION OF FLANTS AND HATERIALS 1.
The authority citation for 10 CFR Part 73 continues to read as t
follows:
17
t AUTHORITY:
Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 l
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.
2232, 2241 (42 U.S.C. 10155, 10161).
Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Sec+u., 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).
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:
6 73.46 Fixed site chysical orotection systems. subsystems. components. and i
procedures.
r (b)
(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 tach assigned security duty in accordance with Appendix B of this part, " General Criteria for Security Personnel." 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 j
section.
In addition, Tactical Response Team members, armed response personnel, and guards shall be trained and qualified in accordance with either paragraphs (b)(10) and (b)(11) or paragraph (b)(12) of this section. Upon the j
request of an authorized representative of the NRC, the licensee shall i
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9 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 imber, 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 month:. The licensee i
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 requalification.
i b
(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, exceri as provided in paragraph (h)(10)(v) of this section, shall participate i, a physical fitness training program on a continuing basis.
i (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 20 minutes; 1
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.s.
i (B) ' Activities that use large muscle groups, that can be maintained j
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, l
flexibility, and endurance in the major muscle groups, e.g., legs, arms, and shoulders.
(ii) The licensee shall assess Tactical Response Team members, armed response personnel, and guards for general fitness once every 4 months to determine the effectiveness of the continuing physical fitness training program.
Assessments must include a recent health history, measures of 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 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 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 i
no medical contraindications, as disclosed by the medical examination, to 1
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 20 j
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e 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 I.C of Appendix B of this part, Tactical Response Team members, i
armed response personnel, and guards shall meet or exceed the requirements in paragraphs (b)(11)(i) through (b)(11)(v) of this section, except as provided in paragraph (b)(11)(vi) of this section, initially and at least once every I
12 months thereafter.
l (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.
position in 8 seconds or less.
For armed response personnel and guards that are not members of the Tactical Response Team the criteria are a one-half mile run in 4 minutes and 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 individual's performance for 3 years.
(ii)
Incumbent Tactical Response Team members, armed response personnel, and guards shall meet or exceed the qualification criteria within 1
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 Rt.sponse Team member, armed response person, or guard.
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4 (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-
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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 performance test, and on an annual basis thercafter.
i (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 *. hey satisfactorily meet or exceed the qualification criterii.
(v)
Licensees may temporarily waive the annual performance testing for an individual on the advice of the licensee's examining physician, during which time the individual may not be assigned duties as a Tactical Response I
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 that they are not assigned temporary response guard duties.
(12) The licensee may elect to comply with the requirements of this i
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.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-based, physical fitness performance tests which will -- when administered to l
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t 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 Responce Team member, armed response personnel, and guard once every 3 months. The test 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 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 fitness performance test, and on an annual basis thereafter, 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 contraindications, as disclosed by the medical examination, to participation in the physical fitness performance test.
(iii) Guards whose duties are to staff the central or secondary alarm 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.
(i)
Implementation schedule for revisions to ohysical orotection olans.
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(1)
By (Insert a date 90 days after the effective date of these amendments) each licensee shall submit a revised Fixed Site Physical Protec-tion Plan to the NRC for approval.
The revised plan must describe how the licensee will comply with the requirements of paragraphs (b)(10) and (b)(11) 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, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
(2)
Each licensee shall implement the approved plan pursuant to paragraphs (b)(10) and (b)(ll) of this section or (b)(12) of this section within 1 year after NRC approval of the revised Fixed Site Physical Protection Plan.
Dated at Rockville, Maryland, this h "<$
day of g/h'dqvl993.
L/ I For the Nuclear Regulatory Comission.
J amuel J. Chilk, Secretary of the
- omission.
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CONGRESSIONAL CORR.ESPONDENCE SYBTEM DOCUMINT PREPARATION CHECT1IST
~his checklist is be submitted with each document (or group of G3/As) sent for6 ing into the CCB.
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1, l
OM C
1.
BRIEF DESCRIPTION CF DOCUMENT (5)
- Estring = (Qg/&ab 2.
TYPE' OF-N Correspondances.
(
3.
DOCUMENT CONTROL Sensitive (NRC Only)
Non-sensitive 4.
CONGRESSIONAL COMMITTEE and SUBCOMMITTEES (if applicable)
Congressional Committaa Subcommittaa i
5.
SUBJECT CODES (a)
(b)
(c) 6.
SOURCE OF DOCUMENTS (a) 5520 (document name (b) scan.
(c)
AtT.achments (d)
Reksy (a)
Other 7.
SYSTEM LOG DATES
/[ /kf73 Date OCA sent document to CCS (a)
(b)
,_ Data CCs. reasiveaw document (c)
Data returned to OCA for additional information (d)
Data resubmitted by-OCA to CCS (a)
Data entered into CCS by (f)
Data OCA notified that document is in CCS 8.
COMMENTS 2000"D
.