ML20059F146
| ML20059F146 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-58FR52035, RULE-PR-73 PR-930930, NUDOCS 9311040150 | |
| Download: ML20059F146 (24) | |
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10 CFR PART 73 RIN: 3150-AD30 Annual Physical Fitness Performance Testing for Tactical Response Team Members, Armed Response Personnel, and Guards at Category I. Licensees 4
AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
a
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 guares 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!
i 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.
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/;t/ u / 9 3 DATE:
The comment period expires :n (Insert cate 75 days follcwing date of publication.]
Comments receivea after this date will be consicered if it is practical to co 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 Paperworx 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
.amenaments to 10 CFR 73.46 that require a Category I licensee to establish and train Tactical Response Teams (TRT)', conduct periodic tactical 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 i
weapons, and whose other duties permit immediate response.
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2 1
ino taxe available a force of guaros; or armeo response personnei'
'.3 provide assistance to the TRT, as necessary.
At the time of the 1988 ruiemaxing, no neea for specific :nysical fitness cerfcrmance testing criteria was identified.
However, observations of Category I licensee guard performance during a 1988 DOE Central Training Acacemy course prompted the NRC to examine, through the California State University at Hayward (CSUH), the physical fitness levels of Tactical Response Team memoers, armed response personnel, and guards at Category I licensees.
CSUH fourd that of 77 subjects tested, 26 percent had a poor level of carolovascular 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 memoers, 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
'" 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 thef t of special nuclear material or radiological sabotage shall be tn respond, armed and equipped, te prevent or delay such actions.
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additional requirements relative to the pnysical fitness cualifications of Tactical Response Team memoers. armeo response personnel, ano guards.
The Feoeral Register Notice also incluced the requirements for day f' ring qualification courses for those personnel.
The Commission has cecided to publish the day firing qualification reauirements as a final rule and to republish the physical fitness related requirements as a proposea 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 was separated into two elements.
The first element included the training of individuals through cardiovascular training activities such as running, bicycling, rowing, swimming, or cross-country skiing.
Individuals would be tested prior to assignment as a TRT member and each year thereafter using the performance l
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
issigned as armeo response personnel and guarcs would be requirea to participate in the physical fitness training program.
However. :ne 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 frem a prone 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 00E 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 musculoskeletal training, i.e., exercises that. develop strength, flexibility, F
and endurance 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 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 Stancards Validation Stuoy, Professional Management Associates. Inc.,
September 30, 1982.
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- rce Personnel at Fuel Cycle Facilities Possessing Formuia Guantities of Itrategic Spectal Nuclear Material " NUREG/CR-5690,' provides information on
- esigning and conoucting a pnysical fitness training program.
~he second,
~u dical Screening Reference Manual for Security Personnel at Categcry i Fuel e
- jcle Facilities Possessing Formula Quantities of Strategic Special Nuclear w terial," NUREG/CR-5689, is intenced for use by the examining pnysicians.
a These documents have been placed in the Public Document Room ano are available for public inspection and copying.
Summary of Public Comments The connent period for the proposed rule published Decemoer 13, 1991 (56 FR 65024) expired on March 13, 1992.
Three letters of comment were received on the proposed requirements for both day firing qualifications and physical fitness programs.
Since the requirements for day firing qualification are being published separately as a final rule, the concent summary below addresses only the comments on the proposed physical fitness training program and annual performance testing requirements. The comments ano 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, J.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082.
Copies are also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
A copy is also available for j
inspection or copying at the NRC Public Document Room, 2120 L Street, NW.
(Lower Level), Washington, DC.
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1.
Cemen t.
One commenter stateo tnat the Comission nas not adecuately establisheo the need for the continuing physical fitness training program and the annual performance testing.
Resoonse.
The Commission disagrees with this coment ano reiterates that observations of licensee guard perfomance 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 failure to adeauately respond to security related emergencies, the Comission celieves that criteria, wnien 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.
As a result of this coment, however, the Comission 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 Comission has decided that an acceptable alternative to the approach 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 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 proposed paragraph,10 CFR 73.46(b)(12), has been added to allow this type of 7
test :nsteaa of the pnysicai fitness training program ano annuai :erformance tests spec 1fiec in proposec 10 CFR 73.46 (b)(10) and (11).
2.
Comment.
One commenter stated, without providing any rationale, that the aercoic exercise requirement seems excessive and therefore either the frecuency or intensity of the training sessions required in 10 CFR 73.46(b)(10)(i)(A) should be reduced.
Resoonse.
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 memoers, armed response personnel, and guards maintain the requisite physical fitness for effective job performance and enables 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.
Resoonse.
The Conmission 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
these employees, provided that these individuals are not assigneo 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 Commission did not specify a training regime tc 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 10 CFR 73.46(b)(10)(i).
The program must have elements devoted to aerobics and to the strength, flexibility, and endurance of large muscle groups.
The Commission expects its licensee to develop, and modify as necessary, a training regime for each participant, depending upon a number of factors.
These f actors 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 position as well as for different individuals within each position.
In fact, the text of 10 CFR 73.46(b)(10)(ii) included in this proposed rule states that
" Individual exeretse 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."
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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Pesconse.
The Comiss1on celieves that this is a valia c:ncern.
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 :erform 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 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 guaro."
6.
C oment.
One commenter stated that neither the methoo for performing the assessment reouired 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 comenter 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 comenter stated that frequent medical evaluations would be unnecessarily repetitivo.
i Response.
In regard to the comenter's question on the methods used for
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the trimester assessments, the proposed rule would not require a " physical assessment by medical personnel." What would be required is a recent health 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 Comission 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 comenter's assertion that no criteria are provided for the acceptability of the assessment results, it 10 l
- noui
- :e noted tnat neitner the existence nor sosence of acceptance criteria relieves the licensee from the responsibility to assess the effectiveness of nis r: gram and maKe any necessary mooifications to individual training reg 1res.
It will be up to each licencee to determine how its fitness staff a ll evaluate the neeos of the program participants.
7.
C onnent.
One commenter stated that the requirement, in proposed 1 73.46(b)(10)(ii), for an assessment to determine the effectiveness of the continuing physical fitness training program implies the existence of some acceptance criteria and corrective actions. The commenter further stated that the requirement snould be deleted, because no criteria or corrective actions have oeen provided.
Barring sudden changes in an individual's meoical status, 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.
Resconse.
As noted in the previous response, it is the licensees responsibility to detennine 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 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, i
i the corrective action taken is also the responsibility of the licensee, who 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
that the yearly pnysical examinaticn serves a cifferent purpose ano is not relied upon to assess the adecuacy of the pregram.
The puroose of the annual i
physical examination is to assure that Tactical Response Team memoers, armed response personnel, and guards are healthy enougn 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 Commission believes that a 1-year implementation period is reasonable because licensees may need to purchase or lease facilities or equipment, or acquire qualified personnel to administer their programs.
Therefore, this proposed rule has been amenced La incorporate this comment.
9.
Comment.
One commenter stated that the costs of a supervised or monitored physical fitness training program are excessive and unwarranted because the improvement in security guard performance is not quantifiable.
Response.
The physical fitness performance criteria were developed as a result of the DOE Physical Standards Validation Study.
The fitness levels required of Tactical Response Team members, armeo response personnel, and guards, whose duties are to perform defensive comoative 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 response personnel, and guards to achieve and maintain the fitness level required to successfully perform the physical fitness performance test each j
year and are necessary to ensure that Tactical Response Team members, armed 1
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resconse personnel, ano guaros can perform their response duties.
The costs associateo with implementing the elements can vary depending upon how the licensee oesigns the program.
The Commission believes that this program is neeoed to ensure that Tactical Response Team members, armed resconse 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 testing nas the advantage of reducing the possibility of degraoation 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 validating that their personnel meet or exceed the physical fitness performance testing criteria, but not be required to provide a training program.
Resoonse.
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.
11.
Comment.
One commenter questioned why the requirement for a medical examination 30 days prior to performance testing, which was previously in Appendix B to Part 73 and deleted in 1988, was restored in this rule. The 13
1
- mmenter coes not state wnether or not the recuirement should :e modified or deleted.
I Resconse.
Previous requirements for timing of physical examinations are unrelated to the proposed 10 CFR 73.46(b)(11)(iii), which states that each guard undergo a phys 1 cal examination within 30 days of participating in the physical fitness performance testing.
The underlying issue of this requirement is the well-being of the individual being tested. The Commission 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.
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 under Section 223 of the Atomic Energy Act.
Finding of no Significant Environmental Impact: Availability The Connission has determined under the 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, 14
an environmental imoact statement is not requirec.
The proposea ule will not adversely affect either the safety of the operations carried out :y licensees possessing formula cuantities of strategic special nuclear material nor the routine release of. or exposure to, radioactivity.
These amencments would specify (1) annual performance testing criteria and a minimum cnysical fitness training program or (2) a quarterly administered site specific ::ntent-based physical fitness performance test to assure that Tactical Response Team memoers, amed 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 avaliable 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 Connission, 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
a maintaining ne cata neeceo, ano completing ano reviewing the c:ilection of information.
Seno C0mments regarding this burden estimate or any other aspect of inis collection of information, including suggestions for recucing this burcen. 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, NE08-3019. (3150-0002),
Office of Management and Budget, Washington, D.C. 20503.
Regulatory Analysis The Commission has prepared a regulatory analysis on this croposed 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, Wasnington, CC 20555, (301) 504-2382.
Regulatory Flexibility Certification i
)
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 j
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.
l 632, or the Small Business Size Standards set out in regulations issued by the 16 l
a Small Business Administration in 13 CFR Part 121.
Thus, this rule does not fall within the purview of the act.
Backfit Analysis The Commission has determined that the backfit rule,10 CFR 50.109, does 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 Criminal penalties, Hazardous materials - transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the Commission is proposing to adopt the following amendments to 10 CFR Part 73.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1.
The authority citation for 10 CFR Part 73 continues to read as follows:
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'UTHORITY:
Secs. 53, 161, 68 Stat. 930, 948, as amenoed. ;ec.147, 94 Stat. 730 (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 issueo under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.57 is issued under sec. 606, Pub. L.99-399,100 Stat. 876 (42 U.S.C. 2169).
2.
In 9 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:
4 73.46 Fixed site chYsical Drotection systems. subsystems. CCmDonents. and orocedures.
(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 each assigned security duty in accordance with Appendix B of this part, " Genera'. 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 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 request of an authorized representative of the NRC, the licensee shall 18
demonstrate the ability of the physical security personnel, whetner 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 recualification as a record for 3 years after each qualification and requalification.
(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 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 20 minutes; 19
I (B)
Activities that use large muscle groups, that can be maintained 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 response personnel, and guards for general fitness once every 4 months to detemine 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 i
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 j
determination and written certification by a licensed physician that there are i
no medical contraindications, as disclosed by the medical examination, to i
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
examining physician, during which time the individual may not t:e 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, armed response personnel, and guards shall meet or exceed the requirements in paragraphs (b)(ll)(i) through (b)(ll)(v) of this section, except as provided in paragraph (b)(ll)(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 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 12 months of HRC 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.
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(iii)
Tactical Response Team memoers. armeo response personnel, and guards shall be given a medical examination incluaing 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 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 remecial physical fitness training program and relieve them of security duties until they satisfactorily meet or 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 which time the individual may not be assigned duties as a Tactical Response 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 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 8 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 22 3
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I eacn Tactical Response Team memoer, armeo 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 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 1
i 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)
Imolementation schedule for revisions to chysical orotection olans.
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a (1)
By (Insert a date 90 days after the effective date of these amencments) 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 Commission, Washington, DC 20555.
(2)
Each licensee shall implement the approved plan pursuant to paragrapns (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.
6 Dated at Rockville, Maryland, this day of a/[fs avl 993.
v s For the Nuclear Regulatory Commission.
amuel J. Chilk, Secretary of the :ommission.
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