ML20147H265

Notice of OMB Review of Info Collection & Solicitation of Public Comment

ML20147H265
Person / Time
Issue date:	04/01/1997
From:	Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
NUDOCS 9704020190
Download: ML20147H265 (16)

Text

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping

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l Requirements, Office of Management and Budget (CMB) Review ]

I AGENCY: Nuclear Regulatory Commission (NRC). j 1

ACTION: Notice of the OMB review of information collection and solicitation of public comment.

SUMMARY

The Nuclear Regulatory Commission has recently submitted to OMB for review the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

1. Type of submission, new, revised, or extension: Revised.

2. The title of the information collection: Proposed Rule,10 CFR 73 Changes to Nuclear Power Plant Security Requirements. j

3. The form number if applicable: Not applicable.

4. How often is the collection required: Monthly.

5. Who will be required or asked to report: Nuclear power plant licensees.  !

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6. An estimate of the number of responses: 900. i l

7. An estimate of the number of respondents: 75. l

8. An estimate of the total number of hours needed annually to complete the requirement or request: 1,500 hrs. Reduction of burden: 7,500 hrs. A 9704020190 970401 hd Ns g

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9. An indication of whether Section 3504(h), Pub. L.96-511 applies: Applicable.

10. Abstract: Currently section 73.55(d)(7) requires the licensee to establish, maintain, and update an access authorization list monthly for each vital area. This requirement is used to limit unescorted access to vital areas during non-emergency conditions to individuals who require access in order to perform their duties. Thus, a licensee with ten vital areas is required to keep ten lists. The proposed regulation will require only one list per licensee which will encompass all vital areas.

Submit, by (insert date 30 days after publication in the Federal Reoister), comments that address the following questions:

1. Is the proposed collection of ir'ormation necessary for the NRC to properly perform its functions? Does the information have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

4. How can the burden of information collection be minimized, including the use of automated collection techniques or other forms of information technology?

A copy of the submittal may be viewed free of charge at the NRC Public Document Room, 2120 L Street NW, (lower level), Washington, D.C. The proposed

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rule indicated in " Changes to Nuclear Power Plant Security Requirements,10 CFR 73" is or has been published in the Federal Reaister within several days of the publication date of this Federal Register Notice. Instruction for accessing the electronic OMB clearance package for i

the rulemaking have been appended to the electronic rulemaking. Members of the public )

may access the electronic OMB clearance package by following the directions for electronic access provided in the preamble to the titled rulemaking.

Comments and questions should be directed to the OMB reviewer by (insert date 30 days after publication in the Federal Reaister):

Edward Michlovich Office of Information and Regulatory Affairs 3150-0002 NEOB-10202 Office of Management and Budget Washington, D.C. 20503 Comments may also be communicated by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda J. Shelton, 301) 415-7233.

Dated at Bethesda, Maryland, this 'M day of h a ._.1997.

J For e Nuclear Regulatory Commission.

L49 I 4.-,.

' Gerald F. Cranford, Desi Senior Official for information Resources Management 1

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Federal Regi2er / 1. 62, No. 34 / Thursday, February 20, 7 / Proposed Rul:s 7723 g'. f 1 --

Electronic Accses are not allowed; all you will see is a list by the NRC to be only marginal to i files without descriptions (normal sacudty. Comments may be submitt d

. Gopher look). An index file listing all nis proposed rule would mmove the electraatcally,in either ASCH text or Eles wiWn a subdirectwy, wie Wordperfect format (version 5.1 or butr====t descriptrons, is available. Here is a 15-

. retainingfor thechange requirement every for 12 months later), by callinir the NRC Electmnic minute time limit for FIP access.

for cause, when an access Bulletin Board (BBS) on FedWorld. The be control has been compromised or buUetin board may be accessed using a ,,,,AI6'", ",Id d y, '

there is a sus icion that it may be personal computer, a modem, and one g g, of the rammanly available dh compmmi .

• """ krd M W e actrieg of Vital Areas not display the NRC Rules Manu.

directlY viain t.

For more information on NRC bulletin documents on the rukmaking are a1s bonds au Mr. Aneur Devk, Sp As noted earlier, Generic IAtter 96-available, as practical, for downloading Integration and Development Branch, 02, described, among other things, and viwing a the buUeda board. NRC, Washington, DC 20555- 0001 conditions under which licensees could vital a the . gov Y

licensee would have had to ensure that by dialing the tMi hee number (e00) Envir=====*=I hapact: c- , L,,J ,

h area is eqdpped wie an alarmd 303-9672#e===unicade schwam Exclesien man === control system that will alarm on . shmid be set as foHas:

unauthorimod entry; ensure that the r b r,===lanian has deter =Inad that ty to none, data bits to e, and stop eis propond rukis b type of acdon doors to the ama can be lackad to 1 (N,8,1). U ANSI or VT-100 resnotely; continue to maintain a record terminal anuladen, alusion in E decribd 10 CFR 51.22(c m a @)(3M1). Derefore, neither of personnel access; to examine for . "E "

exPl o8i'*8. with equipment speciEcally an environmentalimPact statement nor by a bR ru an envir amental assessment has been designed for that purpose,all band- opdon kom ee NRC MMn Me ,,

entering any protected Users will find the "FedWorld On51ae PNPared for this proposed ruk.

carried ch ears is an unlocked l area wi User's Guides" particularly helpful. Paperwerkm.heaa= ActStatessent an his proposed ruk amends pab an external als (NRC ve asubsystems Hel andCenter, formation data bases edg.s b % -nsidend OPuon eat is tai med to se pardcular information conection requirements that are sul4ect to the Paperwork Reduction for inclusion in this rulemaking but as a result of recent events,it has been -

eN subsystem on FedWorld can s le to rejected. If vital areas are unlocked but doo be accessed by a direct dial phone ogge,og a -- --t and Budget for med oms d req m a [7[)21-3 9 y u ing elnet via i ts.

P M N *Per P M l considerable time and level of effort to Internet: fedworld. gov. If using (703) 1eues the rule will redum existing assure that important equipment was 321-3339 to contact FedWorld, the NRC information collection roments, the '

l not damaged. Maintaining VA doors subystem wiu b anra==ad froin b g&Whh er lacirad limitt b number of people who main FedWorld menu by selectingthe information is to be deczoesed have acosas to the area and ensures that " Regulatory, Government . His p+r---I who enter are identified. Ad=Inistration and State Systems," ~ reducuan by 102 hourfsudes in b une required for in July and August of this year, then selecting " Regulatory information reviewmg instrucdons, searching l tampering events were discovered Mall." At that point, a menu will be existing data souross, gathering and l within vital areas of a reactor. N first displayed thathas an option "U.S. maintaining the data === dad and search missed signl6 cant tampering Nuclear Regulatory Commisalon" that completing and reviewing the collection with safety-related switches. If vital will take you to the NRC Online main ofinformation.N NRC is seeking areas are unlocked but alarmed, an entry menu.h NRC Online area also can be public comrnent on the potentialimpact by an unauthorized individual, accessed directly by typing "/go nrc" at of thecoHectionofinformation deliberate or inadvertent, could require a FedWorld co==and line. I'you access contained in the pmposed rule and on a considerable level of effort to assure NRC from FeaWorld's main menu,you h following inum-that important equipment was not may return to FedWorld by selecting the 1. is the proposed collection of damsged. It is also uncertain that such " Return to FedWorld" option from the information necessary for the proper alarms would etways initiate h level of NRC Online Main Menu. However, if performance of the functions of the sosponse needed to evaluate the safety you access NRC at FedWorld by using NRC, including whether the information systems within the impacted vital area. NRC's toll-free number, you will have willhave practical utilityi in addition, most safety equipment is full access to all NRC systems but you 2. Is the estimate of burden accuratet automatic and rapid ama== to vital areas will not have access to th main 3. ls there a way to anhanna the

. is generally not required. Thus, this FedWorld system. quality, utility, and clarity of the option of lesving a vital aree unlocked if you contact FedWorld using Telnet, information to be collectedt is no longer being consideral, you will see the NRC ares and menus, 4.How can the burden of the including the Rules Menu. Although collection of information be minimized, Genetic tatter ske2 (February 13.19e6) you will he able to download IRCluding the use of automated w'oun.d thou mm in which tunn== might documents and leave messages, you will collection techniques?

choose to revise their security plans without having not be able to write Comments or upload Send comments on any aspect of this

" ' files (comments). If you contact proposed collection of information, Iben[woIb.v7rovidNtYop oNnj,"' I FedWorld using FTP, all files can be including suggestions for further locMng the doors to a vital arms provided that th, security of the plant would not be compromised. accessed and downloaded but uploads reducing the burden, to the Information

mr 7724 Federal Register / Vol. (12, No. 34 / Thursday, February 20, 1997 / Proposed Rules and Records Management Branch (T-6 needed for escort is 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />, and the cost (including overhead) of $45 per F33), U.S. Nuclear Regulatory cost per hour for security persormel is hour. A rough estimate of the potential Commission, Washington, DC 20555- 530 (loaded), a rough estimate of the savings per site per year is about $360 0001, or by Intemet electronic mail at potential savings per site per year is (8 hrs / year x545/hr). With 75 sites, the BJS1@NRC.COV; and to the Desk about $330,000 (10 escorts / day /sito x savings to the hidustry per year would Officer. Office ofInformation and 365 days / year x 3 hrs / escort x $30/hr). be approximately 527,000.

Regulatory Affairs, NEOB-10202, With 75 sites, the savin s to the Regulatory Flexibility Certification (3150-0002), Office of Management and mdustry per year woul be Budget, Washington, DC 20503. approximately $24,000,000. As required by the Regulatory Comments to OMB on the collections Flexibility Act as amended,5 U.S.C.

3. Contmlof Contmetor Ernployee 605(b), the Commission certifies that ofinformation or on the above issues should be submitte<1 by March 24,1997. B dges ($ 73.55(d)(5)). this proposed rule, if adopted, would Comments received after this date will The regulatory burden on licensees not have a significant economic impact be considered if it is practical to do so, would be reduced by more affective use on a substantial number of small but assurance of consideration cannot of security personnel, who would no - entities. This proposed rule would affect be given to comments received after this longer be needed to handle badges for only licensees authorized to operate date. ,

contractor personnel who have nuclear power reactors. These licensees unescorted access. There would be no do not fall within the scope of the Public Protection Notification reduction in plant security because definition of "small entities" set forth in

'Ibe NRC may not conduct or sponsor, adequate safeguards would be in place the Regulatory Flexibility Act, or the and a person is not required to respond to ensure that the security of the badge Small Business Size Standards set out in to, a collection ofinformation unless it is not jeopardized. regulations issued by the Small displays a currently valid OMB control Assummg that one security person Business Administration Act,13 CFR number. per working day (8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />)is relieved Part 121.

fr m the duties of controlling contractor Regulatory Analysis employees badges and that the cost per Backfit AnalYsis A discussion of each of the five hour for security pers onnel is $30 The Commission has determihed that changes proposed in this rule is (loaded), a rough estimate of the the backfit rule,10 CFR 50.109, does not provided in the supplementary potential savings per site per year is apply to this proposed amendment information section. The costs and about 588.000 (8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> / day x365 days / because this amendment would not benefits for each of the changes year xs30 hr). With 75 sites, the savings impose new requirements on existing to proposed in this rulemaking are as to the industry per year would be CFR Part 50 licensees. The proposed follows: approximately 56,600,000. changes to physical security are

1. Search fiequirements for On-duty 4. Maintenance of Access Usts for Each "g* gy0 pg A*",I0

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Guards ($ 73.55(dH1)). Vital Area ($ 73.55(dK7XIXA)). ,g gg y, , ,, gung;,, g, yu7g, ,, ty, The regulatory burden on licensees The regulatory burden on licensees licensee. Therefore,'a backfit analysis would be reduced by eliminating would be reduced because licensees has not been prepared for this unnecessary weapon sea ches of guards would have to keep only one access list amendment. '

I who are already ellowed to carry a for all vital areas and reapprove it weapon, which would result in better quarterly, rather than keep individual 1.ist cf Subjects in 10 CFR Part 73 utilization of licensee resources. There access lists for each vital area that must Criminal penalties,liazardous would be no reduction in plant security be reapproved monthly. materials transportation, Export, import, because the potential for reduction in Assuming that the time to reapprove Nuclear materials, Nuclear power plants security personnel hours does not each of the individuallists is I hour per and reactors, Reporting and impact the total size of the security month, that a combined list would take recordkeeping requirements, Security force. Further, the potential safety risk 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per month, that the average measures.

to personnel caused by removing and number of vital areas per site is to, and For the reasons set out in the handling a guard's weapon would be that the cost of a clerk including preamble and under the authority of the eliminated. overhead is $30 per hour (loaded), a Atomic Energy Act of 1954, as amended; r ugh estimate of the potential savings the Energy Reorganir.ation Act of 1974, l

2. R uhwmentsfor Vehicle Escort per site per year is about $3,420 [(1x10 as amended; and 5 U.S.C. 553; the NRC i (73.5 (d#4))* vital areas / month x12 months /yr-1.5 is proposing to adopt the following l The regulatory burden on licensees x1 combined vital asea / quarter x4 amendments to 10 CFR Part 73.

would be reduced by requiring fewer quarters /yr) xs30/hr). With 75 sites, the vehicle escorts which would allow savings to the industry per year would PART 73-PHYSICAL PROTECTION OF personnel to be utilized more be approximately $256,500. PLANTS AND MATERIALS effectivel . Resources could be 1.The authority citation for Part 73 redirecte to areas in which they would 5. Key controls for Vital Areas (f 73.55(d#8)). continues to read as follows:

be more cost effective. The decrease in security would be marginal because The regulatory burden on the Authority: Secs. 53,161,68 Stat 930,948, as amended,sec.147,94 Stat. 780 (42 U.S.C.

unescorted access would be restricted to licensees would be reduced because 2073,2167,220th sec. 201, as amended. 204, vehicles owned by the licensee and fewer resources would be needed to 88 Stat.1242, as amended.1245 sec.1701, driven by licensee employees with maintain the system. 106 Stat. 2951,2952 (42 U.S.C. 58?1,5844 unescorted accees. Assuming that of the approximately 22974 Assuming the number of entries by 60 locks per year, half of them had been licensee-owned vehicles driven by changed for cause, leaving 30 locks Section 73.1 also issued in der secs.

personnel having unescorted access is unchanged which would take a 135,141, Pub. L 97-425,9S Stat. 2232, 10-per-day per-site, the average time locksmith one day to change at a 2241 (42 U.S.C.10155,10161).Section I

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Federal Regis. / Vol. 62, No. 34 / Thursday, Februar-, ,,1997 / Proposed Rules 7725 73.37(f) also issued under sec. 301, Pub. areas without escort provided that he or written policies under section 303(a) of 1 L.96-295, 94 Stat. 789 (42 U.S.C. 5841 she displays a licensee. issued picture the Riegle Community Developmmt and I note). Section 73.57 is issued under sec. badge upon entrance into the pmtected Regulatory improvement Act of W94 606, Pub. L.99-399,100 Stat. 876 (42 area which indicates: (CDRIA) the FDiC is proposing it, unend l U.S.C. 2169). (i) Non-employee-no escort required; its agulation addressing "least or t . '

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2. Section 73.55 is amended by (ii) Areas to which access is resolutions" to correct a typograpi (cal revising paragraphs (d)(1), (d)(4), (d)(5), authorized; and error.ne provisions of the regulat.on (d)(7)(1)(A), and (d)(8) to read as follows: (111) The period for which access has relating to the security interests of been authorized. Federalllameloan Banks (Banks)in

$73.56 % als forphysical * * * *

• FDIC-administered receiverships,is protoceen omeensed ecMesin nucteer g7) . . . being removed because ofits limite(!

Poweneomre against radiological gg) . . . applicability and the federal statuto y

• • W 89*- (A) Establish a current authorization

• * * *

• protections provided to the Banks make access list for all vital areas. The access it unnan.amary to continue to address (d) * *

• list must be updated by the cognizant the issues contained therein by (1)The licensee shall control all svisor at least licensee regulation.To the extent s l Ints of personnel sad vehicle access ona everymanager 31 days anor su[must be arise regarding the Banks' extensionspecific of iss A

to a protected area. Identification and mapproved at least quarterly.The credit or security interesta in FDIC-search of allindividuals unless licensee shall include on the access list otherwise provided herein must be administed moelverships, they can be only individuals whose specific duties andressed on a case by case basis within made and authodzation must be .

require amess t > vital areas during the existing statutory structure.

• t em g,, etecti Po sn g

nonemergency conditions. DATas: Comments must be submitted on explosives, d in diary devices m (d)(8) All keys, locks, combinations, be acco o goo ens . d tt comments to and related access control devices used the Office of the Executive Secretary, XP to control acmss to protected areas and Federal Deposit Insurance Corporation, i ' sha ett all f,p"robab o to r '

2042P mm nt m y be .

persons except bona fide Federal, State, Whenever em is evi ence or suspicion delivered to Room F-400,1776 F Street, and local law enforcement personnel on that any key, lock, combination, or N.W. 20429, on business days between official duty to these equipment searches upon entry into a protected aelated access control devices may have 8:30 a.m. and 4:30 p.m.: sent by been compromised,it must be changed facsimile:(202) 898-3838; or by

, area. Armed security guards who are on or rotated. The licensee shall issue keys. Intemet: Commentsefdic. gov.

duty and have exited the protected area locks, combinations and other access Comments may be inspected and on officialbusiness ma reenter the control devices to protected areas and protected area without ing searched photocopied in the FDIC Public vital areas only to persons granted information Center, Room 100,801 17th for tirearms.

• * * *

• unescorted facility access. Whenever an Street, N.W., Washington, D.C. 20429, 4

individual's unescorted access is between 9:00 a.m. and 4:30 p.m. on (4) All vehicles, except under tevoked due to blJ or her lack of business days.

emergency conditions, must be searched trustworthiness, reliability, or foritems which could be used for inadequate work performance, keys, Fon en mFonMAm CONTACT-Mitchell Classman, Deputy Director, sabotage purposes prior to entry into the locks, combinations, and related axess - Division of Resolutions and protected area. Vehicle areas to be control devices to which that person searched must include the cab, engine Receiverships, (202) 898-8525; Rodney had access must be changed or rotated.

compartment, undercarriage, and cargo . . . . .

D. Ray, Counsel, legal Division, (202)

• 898-3556; Catherine A. Ribnick, area. All vehicles, except as indicated in Dated et Rockville, Maryland, this 14th day Counsel,IAgal Division,(202) 736-this paragraph, requiring entry into the of February,1997.

0117, Federal Deposit Insurance protected area must be escorted by a For the Nuclear Regulatory Commission.

Corporation, Washington, D.C. 20429.

member of the security organization John C. Hoyle, while within the protected area and, to secretaryof the commission.

sUWt M ENTAnYD m MA R the extent practicable, must be off IFR Doc. 97-4219 Filed 2-19-97; 8.45 aml Background loaded in the protected area at a specific designated materials receiving area that a m a cone *

• As part of the FDIC's review ofits is not adjacent to a vital area. Escort is regulations pursuant to section 303 of E

• d gj *[o"' ed e FEDERAL DEOOT !HStlRANCE mee e p tio sure that entering the protected area and driven CORPOR D there was a need for their continued by licensee employees having **" *** *"

12 CFR litt 300 regulation should be retained, it also unecorted access.

(5) A numbered picture bedge RIN 3064-AB92 was reviewed for accuracy hnd clarity.

identification system must be used for As part of the review process, the FDIC allindividuals who are authorized Resolution and ReceNership Rules determined that $ 360.1 should be access to protected areas without escort. AGENCY: Federal Deposit Insurance retained but amended to correct a Badges must be displayed by all Corporation. t pographical error. It was determined individuals while inside the protected Action: Notice of proposed rulemaking at W2 shuh mmM he area. An individual not employed by the and request for comments. die regdation is of limited applicability licensee but who requires frequent and and addresses only the concerns of a extended access to protected and vital

SUMMARY

As part of the FDIC's discrete and limited group of secured areas may be authorized access to such systematic review of its regulations and creditors, whose interests are already ad

I PAPERWORK REDUCTION ACT SUBMISSION l Please read the instructions before completing this form. For additional forms or assistance in completing tNs form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of information and Regulatory Affairs, Office of Managervent and Budget, Docket t.lbrary. Ronm 10102,72517th Street NW, Washington, DC 10503

1. Agency / Subagency originating request 2. OMB control number U.S. Nuclear Regulatory Commission X a. 3150 - 0002 b.None 3 Type of information collection / check one</ 4. Type of review requested (check one/

a. New collection X a. Regular submission c. Delegated

b. Revision of a currernly approved collection b. Emergency - Approval requested by (dateh

c. Extension of a currently approved collection 5. Will this information collection have a a. Yes

~ significant economic impact on a _

d. Reinstatement, without change, of a previously approved substantial number of small entitied b.No collection for which approval has expired X

e. Reinstatement, with change, of a previously approved a. Three years from approval date collection for which approval has expired Requested _

f. Existing collection in use without an OMB control number 6* expiration cate X b. Other (Specify): 08/31/98

7. Title 10 CFR 73, Physical Protection of Plants and Materials

8. Agency form number (s) (i/ applicable /

NA

9. Keywords Nuclear, Power Plant, Security

10. Abstract Currently 10 CFR 73.55(d)(7) requires licensees to establish, rnaintain, and update as access authorization list monthly for each vital area. This is intended to limit unescorted access to vital areas during nonemergency conditions to individuals who require access. Thus, a licensee with ten vital areas is currently providing ten lists. This proposed rule will require only one list per licensee which will encompass all vital areas.

11. Atfected pubhc thrut prknary with *P* eM,at others ther spo yr with ~x*) 12. obligatron to respond IArut prkney with ~P* aM ne orhers rhet appy with M*l

a. Individuals or houservids d. Farms a. voluntary X

P b. Business or other for prof:t

c. Not-for profit institutione

[ s. Federal Govemment X f. state, Local, or Tnbal Goverament X

b. Required to obtism or retam benefits

c. Mandatorv

13. Annual reportmg and recordkeepmg hour burde 14. Annual reportmg and ricordkeeping cost burden air rhousaws et awaars/

a. twumbes of respondents 75 m. Total annualized capital /startup costs 0

b. Total annual responses 68,643 b. Total annual costs (O&M)

1. Percentage of these responses c. Total annuahred cost requested O collected electronically 2  % d. Current OMB inventory

c. Total annual hours requested 410.602 e. Diffemnce o

d. Current OMB inventory 410.602 f. Explanation of difference

e. Difference 0 1. Program change

f. Explanation of difference 2. Adjustment

1. Program change

2. Adjustment

15. Purpose of information collection 18. Frequency of recordkeepmg or reportin ICheck a# thatapp&l (Matt primary with *P* and alothers that appN with *X*l X a. Recordkeepkng b. T1ard-party disclosure

e. Appiscation for benefits e. Program planning or management X c. Reportmg _ _

b. Program evaluation f. Research X 1. on occasion 2. Weekly 3. Monthly

c. General purpose statistics y g. Regulatory of compliance 4. ouartwriy 5. semi-annually X 6. Annually

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d. Audit 7. Biennially 8. other (describel

17. statsstncal methods y' A tency contact tverson who con best answer questions regarding the cc stent of this submission)

Does this mformation collection employ statistical rnethods?

Name: Dr. Sandra Frattali Yes h No s phone: (301) 415 6261 OMB 83-1 10/95

e .

PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be i reviewed, the Supporting Statement, and any additional documentation to: Office of information and Regulatory Affairs, l Office of Management and Budget. Docket Library, Room 10102,72517th Street NW, Washington, DC 20503 l

, 1. Agency / Subagency originating request 2. OMB control number  !

U.S. Nuclear Regulatory Commiteir o X a. 3150- 0002 l b. None J Type of information collection (check onel 4. Type of review requested (check one) _

a. New collection X a. Regular submission c. Delegated j X b. Revision of a currently approved collection b. Emergency - Approval requested by (date):

c. Extension of a currently approved collection 5. Will this information collection have a a.Yes

- significant economic impact on a -

d. Reinstatement, withoJt change. of a previously approved substantial number of small entities? b.No collection for which approval has expired X j

e. Reinstatement, erith change, of a previously approved a. Three years from approval date collection for which approval has expired 6 Requested _,,,,

f. Existing collection in use without an OMB control number expiration date X b. Other (Specify): 08/31/98

7. Title 10 CFR 73, Physical Protection of Plants and Materials

8. Agency form number (s) (if applicable /

NA

9. Keywords Nuclear, Power Plant, Security l l

1

10. Abstract l Currently 10 CFR 73.55(d)(7) requires licensees to establish, maintain, and update as access authorization list monthly for each vital area. This is intended to limit unescorted access to vital areas during nonemergency conditions to individuals who require access. Thus, a licensee with ten vital areas is currently providing ten lists. This proposed rule will require only one list per licensee which will encompass all vital areas.

3 Affected pubhc Wars pr# nary with *P{aW a# erhara ther aner with *K') 12. obhgation to respond Mark pr# nary wire *P* aM af erhara that app 4 wir4 K*l

s. Individuela or households d. Forms a. Voluntary P b. Business or other for-profit X e. Federal Govemment b. Required to obtain or retain benefits  !

X c. Not-for.profitinstitutions X f. state, Local, or Tribal Government X c. Mandatory l

13. Annual reportmg and recordkeeper.g hour burden 14. Annual reporting and recordkeeping cost burden p thosseMs et donarsi i

s. Number of rcpondents 75 a. Total annualized capital /startup costs 0 l

b. Total annual responses 68,643 b. Total ennual costs to&M)

1. Percentage of these responses c. Total annualized cost requested O cofected electrorucally 2  % d. Current OMB inventory )

c. Total annual hours requested 410.602 e. Difference o

d. Current oMB inventory 410,602 f. Explanation of difference

e. Difference o 1. Program change

f. Explanatsm of difference 2. Adlustment

1. Program change

2. Adjustment

16. Purpose of inf ormation collection 16. Frequency of recordkeeping or reporten (Check e# that appN)

(Mort primary with *P' and nN others $at app 4 with *X*) X a. RecordLeeping b. Third-party desclosure

e. Apphcation for benefite e. Program planning or management X c. Reporting _

b. Progrom evolustion f. Research x 1. on occasion 2. Weekly 3. Monthly

c. General purpose statistics x g. Regulatory or comphance 4. Quarterly 6. semi-annually X 6. Annually

d. Audet 7. Biennially 8. Other (describe)

17. statistecal methods ,g' Agency contact (person who can best answer questions regarding the contentof this submission)

Does this iriformation collection employ statistical methods?

Name: Dr. Sandra Frattali Yes h No x Phone: (301) 415-6261 OMB 834 10/95

19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the e .d Of Gie instrtitions. The certification is to be made with reference to those regulatoryprovisions at setforth ! e the instructions.

3 The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

4 (a) It is necessary for the proper performance of agency functions; (b) It avoids unnecessary duplication;

(c) It reduces burden on small entities; (d) It uses plain, coherent, and unambiguous tenninology that is understandable to respondents; (e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

, (f) It indicates the retention periods for recordkeeping requirements; J

(g) It informs respondents of the information called for under 5 CFR 1320.8(b)(3):

(i) Why the information is being collected; (ii) Use ofinformation; (iii) Burden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory);

2 (v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMB control number, l (h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected -(see nue in item 19 of the instructions).

l (i) It uses effective and efficient statistical survey methodolog',; and I (j) It makes appropriate use ofir. formation technology, j If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in i Item 18 of the Supporting Statement.

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j SUPPORTING STATEMENT  ;

FOR 10 CFR Part 73 CHANGES TO NUCLEAR POWER PLANT PHYSICAL SECURITY REQUIREMENTS (3150-0002)

Description of the Information Collection Section 73.55(d)(7)(i)(A) requires nuclear power plant licensees to establish, maintain, and update access authorization lists for vital area access.

This requirement is used to limit unescorted access to vital areas during nonemergency conditions to individuals who require access in order to perform their duties. Currently section 73.55(d)(7)(i)(A) requires establishing, maintaining, and updating access authorization lists for each separate access vital area, which average about 10 per site.

l A. Justification

1. Need for and Practical Utility of the Collection of Information The requirement to establish, maintain, and update access authorization lists for vital areas is necessary to limit unescorted access to vital areas during nonemergency conditions to individuals who require access in order to perform their duties in order to protect public health and safety.

In the new S 73.33(d)(7)(i)(A) the NRC is proposing to reduce the information 1 collection burden to the licensee by requiring them to maintain only one combined list i for all vital areas on a site.

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This requirement will reduce the burden on the licensee without adversely affecting public health and safety.

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2. Aaency Use of Information j

i The NRC will use this information during inspections of licensees to verify that a i current access authorization list is maintained. l l

3. Reduction of Burden Throuah Information Technoloav There are no legal obstacles to reducing the burden associated with this information collection. Moreover, the NRC encourages its use. However, because of the type of information to be maintained, the information doesn't lend itself to the use of technicalogical collection techniques.

4. Effort to identify Duplication and Use Similar Information No similar information is available. The Information Requirements Control Automated System (IRCAS) was searched to determine duplication. None was found.

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5. Effort to Reduce Small Business Burden )

No small businesses are affected by the information collection requirements. l l

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6. Conseauences to Federal Proaram or Policy Activities if the Collection is Not l

Conducted or is Conducted Less Freauentiv Less frequent collection than that in the proposed rule would result in degrading the  !

I physical security at nuclear power reactors and have a negative affect on public j health and safety.

7. Circumstances Which Justify Variations From OMB Guidelines.

There are ne variations from OMB guidelines.

8. Consultations Outside the Aaency The proposed rule will be published for public comment.

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9. Payment or Gift to Respondents Not applicable. l

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' 10. Confidentiality of the Information NRC provides no pledge of confidentiality for this collection of information.

11. Justification for Sensitive QuestiorLs None

12. . Estimate of Reduction in Burden and Burden Hour Cost REPORTING BURDEN Frequency of Annual Annual Industry Cost Section Response Responses Hm/ Response . Burden - ($30/hr)*

current monthly 9,000" 1 9,000 hrs $270,000 proposed monthly 900"* 1.5 1,350 hrs .$ 40,500 quarterly (additional) 0.5 150 hrs 4,500

' Reduction in burden' 8,100 responses 7,500 hrs $225,000

• cost of a clerk (loaded)

• • of 10 vital areas per site (average) each requiring 12 responses per year from 75 industry sites

• • • one combined vital area list requiring 12 responses per year from 75 industry sites,300 of these responses take an additional 0,5 hrs because of the quarterly requirement for

- I reapproval 1

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13. Estimate of Other Additional Costs There are no additional costs.

14. Estimated Annualized Cost to the Govemment None.

15. Reasons for Chance in Burden The burden will be reduced by allowing licensees to maintain one current combined access authorization list rather than requiring them to maintain separate lists for each vital area.

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16. Publication for Statistical Use  !

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Not applicable.  !

17. Reason for Not Displayina the Expiration Date 4 l

The requirement is contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication could become obsolete, would be unduly burdensome and too difficult to keep current.

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18. Exemptions to the Certificatien Statement There are no exceptions. f I

i B. Collection of Information Employina Statistical Methods Statistical methods are not used in this collection of information.

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Proposed Rules Vol. 62. No. 34 x

hrsday, February 20.1997 TNs secson of the FEDERAL REGISTER Service, U.S. Department of Agriculture, against radiological sabotage required contans notices to the pdsc of the proposed Room 2230-S,1400 Independence for public health and safety.

issuance of rules and regulations. The . Avenue, SW., STOP 1522, Washington, DATES: Submit comments by May 6, purpose of those nonces is to gue interested DC 20250-1522. RUS scquires,in hard 1997. Comments received after this d' ate P8'*ons an opp rtsw m particpate in the copy, a signed original and 3 copies of will be considered if it is practical to do 2 W 2 the @ d the N all comments (7 CFR 1700.30(e)). so, but the Commission is able to assure Comments will be available for public consideration only for comments inspection during regular business received on or before this date.

hours at Room 4034, South Building, A00Ranara. Comments may be sent to:

DEPARTMENTOF AGRICULTURE U.S. Department of Agriculture, Secretazy, U.S. Nuclear Regulatory -

Rural Utilities Eervice Washington DC 20250 between 8:00 Commission, Wuhington, DC 20555-a.m. and 4:00 p.m. (7 CFR part 1.27(b)). 0001. Attention: Docketing and Service 7 CFR Part 1710 FOR F1JRTHER INFOMtAATlON OONTACT: F. Branch.

Lamont Heppe, Jr., Director, Program Deliver comments to: 11555 Rockville fun 0572-AB30 Support and Regulatory Analysis, Rural Pike, Rockville, Maryland, between 7:30 Pro. Loan Procedurse for Electric Utilities Service, U.S. Department of am and 4:15 pm on Federal workdays.

qj For information on submitting Loans Agriculture, Room 2230-S,1400 Independence Avenue, SW., S'IVp comments electmnically, see the AGENCY: Rural Utilities Service, USDA. discussion under Electronic Access in 1522, Washington, DC 20250-1522.

ACTION: Proposed rule. Telephone: 202-720-0736. FAX:202- the Supplementary Infonnation Section.

720-4120. E. mail: fheppe@rus.usda. gov.

riam d e tsrela o this g) sUtahtARY:The Rural Utilities Service (RUS)is proposing a minor amendment SUPPL.EldENTARY INFORMATION: See the received, may be examined at the NRC to its pre-loan procedures that will Supplementary Information provided in Public Document Room,2120 L Street clarify that use of a conventional utility the direct final rule located in the final NW. (Lower 1.evel), Washington, DC.

indenture as a security instrument for rules section of this Federal Register for These same documents may also be loans to power supply borrowers is the applicable supplementary viewed and downloaded electronically permissible. This amendment will give information on this action. via the Electronic Bulletin Board these borrowers and RUS the flexibility Authority:7 U.S.C. 901 et seg. established by NRC for this rulemaking to address the complex issues Dated: February 10,1997. as discussed under Electronic Acx:ess in surrounding power supply loans in the gitt u ng n ..p.e., the Supplementary Information Section.

rapidly changing electric industry. De undersecretary,omf Development. FOR FURTHER INFORIAAT10N CONTACT: Dr.

rule will ah o enhance loan security and. [FR Doc. 97-399t Filed 2-19-97; 8A5 am] Sandra Frattall.Offlos of Nuclear by cxmforming more closely to private ano, . Regulatory Research, U.S. Nuclear lending practice, allow easier access to Regulatory Commission, Washington, private sector financing. DC 20555-0001, telephone (301) 415-la the final rules section of this 6261, e-mail sdf@nrc. gov.

Federal Register, RUS is publishing this NUCLEAR REGULATORY SUPPLEnAENTARY INFORMATION:

COMMISSION action as a direct final rule without prior proposal because RUS views this Background 10 CFR Part 73 as a noncontroversial action and in a memorandum dated September 3, anticipates no adverse comments. If no RIN 3150-AF53 1991 (COMFR-91-005), the adverse comments are received in Commission requested the NRC staff to response to the direct final rule, no Changes to Nuclear Power Plant re-examine the security requirements further action will be taken on this Security Requirements associated with an internal threat to proposed rule and the action will AGENCY: Nuclear Regulatory nuclear power plants that are contained become effective at the time specified in Commission, in 10 CFR Part 73," Physical Protection the direct final rule. If RUS receives ACTION: Prop sed rule' of Plants and Materials." ne NRC staff advene comments, a document will be completed its re-examination and published withdrawing the effective suest4ARY:The Nuclear Regulatory recommended some changes in to CFR date of the dired final rule and all Commission (NRC)is proposing to Part 73 to the Commission (SECY Public comments received will be revise its regulations to delete certain 272, August 4,1992). In a Staff addressed in a subsequent final rule security requirements associated with Requirements Memorandum dated based on this action. Any parties an internal threat. His action follows November 5,1992, the Commission interested in commenting on this action reconsideration by the NRC of nuclear directed the NRC staff to work with the should do so at this time. power plant physical security Nuclear Management and Resources DATES: Comments on this proposed requirements to identify those Council (NUMARC) now known as the action must be received March 24,1997. requirements that are marginal to safety, Nuclear Energy Institute (NEI).

ADDRESSES: Written comments should redundant, or no longer effective. This Following three public meetings with be sent to F, Lamont Heppe, Jr., action would reduce the regulatory NUMARC, the NRC staff recommended Director, Program Support and burden on licensees without to the Commission (SECY--93-320, Regulatory Analysis, Rural Utilities compromising physical protection December 2,1993) additional changes to

y 7722 Federal Register / Vol 62 No. 34 / Thursday, February 20, 1997 / Proposed Rules Part 73 that would provide significant weapon on site. Further, removing and not jeopardized. Because contractors relief to licensees without handling the guard's weape could and licensees are subject to the same compromising the physical security of present a personnel safety risk. programs required for unescorted the plants. In a Staff Requirements his proposed rule would allow access, there is no reason to employ Memorandum dated February 18,1994, armed security guards who are on duty more stringent badge control the Commission directed the NRC staff and have exited the protected area on requirements for contractor employees.

to prowed with a rulemaking. official business to reenter the protected This proposed rule would allow area without being searched for firearms contractor employees to take their Discussion (by a metal detector). Unarmed guards badges offsite under the same Seven areas in Part 73 were identified and watchpersons would continue to conditions that apply to licensee as candidates for modification through meet all search requirements. All guards employees.

rulemaking. One of the recommended would continue to be searched for changes, relating to access of personnel explosives and incendiary devices 4. Maintenance of Access Lists for Each and materials into reactor containments because they are not permitted to carry Vital Area (S 73.55(d#7)(iXA)).

during periods of high traffic, has been these devices into the plant. Maintaining separate access lists for addressed by a separate mlemalmg. 2. Requirementsfor Vehicle Escort each vital area and reapproval of these his recommended change was adopted S(73.55(d#4)). lists on a monthly basis is of marginal in a final rule published on September value. At meny sites, persons granted 7.1995 (60 FR 46497). Six other changes "The p esent requirement for a access to one vital area also have access originally considered for this searched, hcensee-owned vehic!

to mosi or all vital areas. Therefore*

rulemaking were the subject of Generic within the protected area to be escorted resently derive little 1.atter 96-02 issued February 13,1996. by a member of the security licensees fbenefit from maintaining additiona This generic letter identified certain organization, even when the driver is badged for unescorted access, does not discrete lists of individuals allowed areas in which licensees might choose to revise their physical security plans contribute significantly to the security {ccess t each separate vital or area in the of the plant. Under the currer.!

cility. Als , licensee managers without having to wait for issuance of Supervisors are mquired to update the the rule plan. One of these (discussed in mgulations, all vehicles must be access lists at least once every 31 days detail later) an option to leave vital area searched prior to entry into the Protected area except under emergens to add or delete individuals from these doors unlocked provided certain conditions. Further, all vehicles must be lists when appropriate. There is also a compensatory measures are taken, has requirement to reapprove th list e ery been reconsidered in light of recent esc rted by a member of the security 31 s wev r, ap tampering events. Consequently, that organization upon entry into the g change s not being pmposed in this P

{m' en ve cl s at ce see days, to validate that the lists have been vehicles are those vehicles that are maintained in an accurate manner is The five maining changes being unnecessarily burdensome.

addressed in this pmposed rulemaking limited in their use to onsite plant functions and remain in the protected This miemakind would, replace are as follows: separate access authorization lists for

1. Search requirements for on-duty area except for operational, maintenance, repair, security, and each vital area of the facility by a single guards, S 73.55(d)(1); listmg of all persons who have access to

2. Requirements for vehicle escort, emergency purposes. Under this requirement, those licensee-owned any vital area.

$ 73.55(d)(4);

3. Control of contractor employee vehicles that are not " designated The proposed rulemaking would also badges, S 73.55(d)(5); licensee vehicles" must be escorted at change the requirament that the list

4. Maintenance of access lists for each all times while in the protected area must be reapproved at least once every vital area, S 73.55(d)(7)(1)(A); and even when they are driven by personnel 31 days to quarterly. He reapproval

5. Key controls for vital areas, with unescorted access. consists of a review to ensure that the This proposed rule would eliminate list is current and that only those

$ 73.55(d)(8).

the requirement for escort of licensee. individuals requiring routine access to a

f. Search Requirementsfor On-duty owned vehicles entering the protected vital area are included. Because of the Guards ($ 73.55(d#2)). area for work-related purposes provided requirement for a manager or supervisor Under current regulations, armed that these vehicles are driven by to update the list at least every 31 days, security guards who leave the protected licensee employees who have conducting this comprehensive area as part of their duties must be unescorted access. (his amendment reapproval every 31 days is of marginal searched for firearms, explosives, and would still preclude periodic entry of a value. Comments from the public are incendiary devices upon re-entry into delivery truck without an escort.) This requested on the question of the benefits the protected area. Requiring a guard to change would provide burden relief to of separating the update and reapproval go through an explosives detector or licensees without significantly requirementa.

searching pckages carried by the guard increasing the level of risk to the plant. 5. U 7ControlsIor Vital Areas pnsacts against the introduction of (S 73.55(d)(B)).

tx ntraband. Because an armed guard 3. Control of Contractor Employee Badges ($ 73.55(d#51). Under current regulations, licensees carries a weapon on site, passage of the guard through the metal detector, the Contractor employees with change or rotate all keys, locks, principal purpose of which is to detect unescorted access are required to returu combinations, and related access control firearms, serves little purpose. The their badges when leaving the protected devices at least once every twielve guard has to either remove the weapon area. Current regulatory practice allows months. Because the rule also requires while passing through the detector or be licensee employees to leave thc that these be changed whenever there is subject to a hand search. Either protected area with their badges if a possibility of their being approach makes little sense for the adequate safeguards are in place to compromised, requiring change at least guard who is authorized to carry a ensure that the security of the badge is every 12 months has been determined

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