ML20154E498

Solicits Views on Need for CRGR Review of Listed Specific RES Rulemaking & Policy Statement Activities,Including Final rule,10CFR73,App B, General Criteria for Security Personnel

ML20154E498
Person / Time
Issue date:	10/28/1987
From:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Jordan E Committee To Review Generic Requirements
Shared Package
ML20151L073	List: ML20151L068 ML20154E459 ML20154E498 ML20154E533 ML20154E822 ML20195G946 ML20195J296 ML20196E010
References
GL-87-10, NUDOCS 8809190019
Download: ML20154E498 (16)

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.ft p MEMORANDUM FOR: Edward L. Jordan, Chairsan Committee to Review Generic Raquiremen M M c e.M /s y

,,j 4~3 FROM: Eric S. Beckjord, Df rector j j Office of Nuclear Regulatory Research p 4

SUBJECT:

DETERMINATION ON NEED FOR CRGR REVIEW OF SPECIFIC RES RULEMAXING AND POLICY STATEMENT ACTIVITIES The purpose of this memorandum is to solicit your views on the need for CRGR review of the following RES Rulemaking and Policy Statement activities:

1. Final Rule,10 CFR Part 73, Appendix B, ' General Criteria for Security Personnel"

- 2. Proposed Rule,10 CFR Part 71, "Packaging and Transportation of Radioactive Material'

' 3. Proposed Policy Statement ' Nuclear Power Plant Access Authorization i Program' I

The first item involves a final rule (Enclosure 1) which deletes a 30-day scheduling link between the annual physical fitness test and preceding medical examination given to all arsed security personnel. This rule responds to a petition for rulemaking (PRM 73-6) which was denied in part in 52 FR 33428 dated September 3,1987 The rule being implemented does not change the requirement that the medical examination and physical fitness test be given at least annually - it only eir ' =tes the current requirement that the medical

examination be given within ,at 30 days preceding the physical fitness test.

No change in security force effectiveness is involved and a cost saving by i licensees is envisioned. In my opinion the minor significance of this final  ;

rule obviates the need for a CRGR review.

The second item involves a proposed rule which would modify MRC regulations on Packaging and Transportation of Radioactive Materials,10 CFR Part 71, to achieve maximum compatibility with IAEA regulations (Enclosure 2). The major '

i provisions of the proposed rule would (1) establish a new qualification test for certain transport packages (2) modify and extend the table of allowable quantities of various radionuclides for transport in packages which are not accident-resistant (3) upgrade requirements for shipping low specific activity i (LSA) material, and (4) simplify rules for shipment of fissile materials. l

' Most aspects of this proposed rule have little or no impact on power reactor licensees. The major exception involves the proposed upgrade in requirements for shipping LSA material. This change could impact a few hundred such shipments per year, many of whir.h originate at power reactors, as indicated in i the supporting regulatory analysis. I suggest that CRGR involvement in this i

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l proposed rule be deferred until preparation of the final rule package in which the impact on pcwer reactor licensees will be more precisely defined as a result of public (utility) corrnent. If the CRGR desires to review the proposed rule, RES could prepare a package which focuses CRGR attention on those aspects which irrpact the procedures of power reactor licensees. The CRGR review could follow receipt of office concurrence, currently scheduled for late December or  ;

early January, i The third item involves the proposed policy statement on the nuclear power plant access authorization program. This on December 4,1986 (CRGR Meeting No.102) . CRGA policy statement cossents, at that was time, reviewed were by CR directed at the issue of access authorization for temporary workers. This issue was addressed in NRR generic letter 87-10 which received CRGR review on i January 5, 1987 (CRGR Meeting No. 136), The decision that the policy statement should be issued for public conaent has led to the need for resubmission of the supporting package to the Conmission. As a result, RES currently is not planning to resuteit this package for CKGP review.

I would appreciate your views on these matters.

• 'D e Eric S. Beckjorh, .Director Office of Nuclear Regulatory Research

Enclosures:

1. Final Rule, 10 CFR Part 73,

, Appendix B

2. Proposed Rule 10 CFR Part 71, with Regulatory Analysis

3. Proposed Policy Statement l

l l

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. 7 ORAFT MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM: Edward L. Jordan, Chairman Coenittee to Review Generic Requirements

SUBJECT:

REVIEW OF RES RULEMAXING AND POLICY-STATEMENT ACTIVITIES Your memorandum of October 28, 1987 requested CRGR consideration of three issues. The CReR will review the final rule,10 CFR Part 73,' Appendix 8 i

"General Criteria for Security Personnel," at the next Committee meeting and, due to the minor significance of this ,'inal rule, no briefing is needed. You will be informed of the results of our review following the meeting.

The second item, propos:d rule 10 CFR 71, "Packaging and Transportation of Radioactive Material" should be forwarded to CRGR for consideration as soon as it is available.

The third issue involves a proposed Policy Statement, "Naclear Power Plant Access Authorization Program" which is being issued for public comment. Based on RES having previously addressed CRGR comments on this issue, further CRGR review is not needed.

Edward L. Jordan, Chairman Coenittee to Review Generic Requirements

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Nuclear Regulatory Comist. ion 10 CFR Part 73

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General Criteria for Security Personnel AGENCY: Nuclear Regulatory Comission -

3 ACTION: Final Rule

SUMMARY

TheNuclearRegulatoryCommission(NRC)isamendingits regulations regarding physical fitness qualifications for security personnel. The amendment continues to require annual medical -

examinations and annual physical fitness testing for guards, anned response personnel, anned escorts and Tactical Response Team members but deletes the scheduling requirement that the redical examination be  ;

conducted within the 30 days preceding the physical fitness test. The amendment is supported by findings made by the Comission in response to a petition for rulemaking, denied in part, which was published in the Federal Register on September 3,1987(52FR33428).

EFFECTIVE CATE: (insert date of publication in Federal Register.)

TOR FURTHER INFORMATION CONTACT: Mr. William R. Lahs, Division of 3 Regulatory Applications Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission. Washington, DC 20555, Telephone 301-443-7632.

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[7590-60 SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Comission received a petition for rulemaking (PRM 73-6) dated December 2,1981, filed by Shaw, Pittman, Potts and Trowbridge on behalf of the Wisconsin Electric Power Company, the Public Service Electric and Gas Company, the Conmonwealth Edison Company, the Yankee Atomic Electric Company, the Northern States Power Company, and the Sacramento Municipal Utility District. The petition requested changes in the qualifications for armed security personnel, set out in 10 CFR Part 73. Appendix B, entitled, "General Criteria for Security Personnel." Although the petition was denied in part, as documented in 52 FR 3J428 dated September 3,1987, che Coenission noticed that it intended to grant that part of,the petition which requested deletion of an existing requirement that amed security personnel undergo a medical examination within the 30 days preceding their individual annual physical fitness test. This final rule completes Comission action on PPy 73-6.

RESPONSES TO PUBLIC C0tHENTS ON THE PETITION FOR RULEMAKlhG The petition was published for coment in the Federal Register or.

i February 16, 1982 (47 FR 6659). The NRC received 13 coment letters on I

PRM 73-6 and two related petitions. The sources were as follows:

Congress 1 .

General Public 1 Nuclear Industry 11 The industry coments and the single "general public" conenent supported the petition position that the link between the medical examination and the physical fitness test be deleted. TMse comenters typically noted that the requirement for an annual medical examination within the 30 days preceding the physical fitness test is unnecessary with regard to the effectiveness of the security force and presents a 2

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scheduling nightr.are. Rotating shifts, weather elements, and the availability of trainers / instructors to administer the physical fitness test coeplicate the scheduling problem. The Congressional corroenter cautioned against doing away with security requirements based only on the claim that the regulations are cumbersome.

The change in regulations being implemented thrcugh this amendment has taken into account the concerns of all connenters. The amendment leaves in place the requirement that all armed security personnel undergo both annual medical examinations and physical fitness testing. These existing requirements are intended to ensure that guard force personnel are physically able to perfonn their duties. The Cemission also recognizes that to protect the well-being of the security force personnel, prudent practice would dictate that a medical examination be given sometime prior to physical testing. However, the Coenission believes that the exact timing between the medical examination and the physical fitness test is primarily a scheduling matter in which the licensee requires discretion for efficient managenent. The Comission agrees with the petiti'oners that there is no necessary relationship between this schedule interval and the level of protection being provided. The revised 10 CFR 73. Apoendix B.I.C., retitled, "Medical examination and physical fitness qualifications " continues to require a physical fitness test to be preceded by a medical examination as a criteria for establishing ernploynent suitability and qualification. Only the 30 day link between the medical examination and the physical testing has been deleted. In addition,10 CFR 73, Appendix B.I.E., has been retitled "Physical and medical requalificaticn," and has been modi.fied to clearly specify that, at least every 12 ronths, guards, artned response l personnel, armed escorts, and Tactical Response Team nerbers shall be required to neet the referenced physical requirements and shall be subject ':o a physical fitness test and a rnedical examination. ,

The provisions of this arendment may be adopted through appropriate rodifications in the licensee's safeguards contingency plan made under the authority of this rule.

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Environmenta? Impact: Categorical Exclusion The NRC has detemined that this final rule is the type of action described in categorical exclusion 10 CFR 50.22(c)(2). Therefore, neither an environrental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule does not contain a new or amended infomation collection requirement subject to the Paparwork Reduction Act of 1980(44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0002, Regulatory Analysis This final rule amends 10 CFR Part 73, deleting a requirement which specifies a scheduling link between the medical examination and the physical fitness test ~to which all armed security personnel are subjected at least every 12 months. The amendment was initiated as a response to a petition for rulemakit.g (PRM 73-6) dated December 2,1981, filed by Shaw, Pittman, Potts and Trowbridge on behalf of six utilities operating nuclear power reactors. The amendment is directed at relieving a scheduling problem which has nn impact on the effectiveness of the security force. The requirement that, at least every 12 months, all [

armed security personnel be subjected to both a medical examination and a physical fitness test remains unchanged, Only the requirement that the medical examination precede the physical fitness test by 30-days or less is being deleted, t

The amendment results in no impact on NRC resources and a cost saving to those licensees adversely impacted by the current requirement that all armed security personnel be subjected to an annual physical fitness test which must be preceded within 30 days by a medical examination.

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There are no apparent conflicts or overlaps with other hRC l regulations or policies nor with other agencies' regulations or policies.

The amendment is intended to ensure effective security force perfonnance without imposing an unnecessary burden on licensees. ,

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), the ,

Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The regulation affects I about 200 nuclear power reactor and fuel facility licensees and is expected to reduce unnecessary costs currently associated with the schedule linkage between the medical examination and physical fitness test to which all armed security personnel are subjected.

Backfit Analysis 1

] This final rule modifies the safeguards contingency plan procedures associater, with the operation of a nuclear power reactor. The objective of the mcdification is to elimine te a requirement which specifies a 1

scheduling link between the medical examination and the physical fitness j test to wnich all anned security personnel are subjected. The current i

requirement that both the medical examination and physical fitness test t be administered at least every 12 months remains unchanged. As a result, j the effectiveness of the security force is unaffected and no change is l involved in the risk to the public or facility employees. No action by -

j licensees is needed in order to comply with the rule. However, if the i

! current link between the medical examination and physical fitness test j presents an unnecessary scheduling prcblem, appropriate changes may be made to the licensee's safeguards contingency plan under the authority of l l this rule. i l The final rule involves no installation or centinuing costs to the l licensee, potentially relieves an unnecessary scheduling burden, and  !

l imposes no new resource burden on the hRC. '

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List of Subjects in 10 CFR Part 73 Hazardous materials-transportation, Incorporation by reference, huclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.

"- rm. ,

For the raasons 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 NRC is adopting the following i

amendments to 10 CFR Part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS i

1. The authority ejtation for CFR Part 73 is revised to read as l follows:

AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, .

94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as amended, 204, 88

Stat.1242, as amended, 1245 (42 U.S.C. 5841, 5844).

Section 73.37(f)'is also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 206, l Pub. L.99-399 and sec. 1611, 68 Stat. 949 (42 U.S.C. 2201(i)). l For the purposes of sec. 223, 68 Stat. 958, as amended (47 U.S.C.

2273); 1573.21, 73.37(g), and 73.55 are issued under sec.161b, 68 Stat.

948, as amended (42 U.S.C. 2201(b)); 1973.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949 as amended (42 U.S.C. 2201(i)); and il73.20(c)(1),

73.24(b)(1),73.26(b)(3),(h)(6),and(k)(4),73.27(a)and(b),73.37(f),

73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B), and (h), 73.55(h)(2) and (4)(iii)(B), 73.70, 73.71, and 73.72 are issued under sec.161o. 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2. In appendix B, the Table of Contents is revised to read as follows:

B - General Criteria for Security Persons c 6 i

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Table of Contents tatroduction Definitions Criteria

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l Laployment suitability and qualift:ation A. Sui tability B. Physical and mental qualifications ,

C. Medical examination and physical fitness qualifications .

D. Contract security personnel E. Physical and redical requalification F. Documentation gg *..

3. In appendix B, paragraph I.C. is revised to read as follows:

APPENDIX B - General Criteria for Security Personnel C. Medical examinations and physical fitness qualifications -

Guards, armed response personnel, armed escorts and Tactical Respo :.e Team members shall be subject to a medical examination includir.g a determination and written certification by a licensed physician that therc are no medical contraindications as disclosed by tha medical examination to participation by the individual in physical fitness tests.

Substquent to this medical examination, guards, armed response personnel, armed escorts and Tactical Response Team members shall demonstrate physical fitness for assigned security job duties by performing a practical physical exercise program within a specific time period. The exercise program performance objectives shall be described in the licensee training and qualificatiuns plan, and shall consider such job related functions as strenuous activity, physical exertion, levels of 7

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stress, and exposure to the elements as they pertain to each individual's assigned security job duties for bcth normal and emergency operations.

The physical fitness qualification of each guard, armed respons2 person, f armed escort, and Tactical Response Team rember shall be documented and l attested to by a licensee security supervisor.

• 4 4 In Appendix B. paragraph 1.E. is revised to read as follows:

APPENDIX B - General Criteria for Security Personnel E. Physical and medical requalification - At least every 12 cenths, central alarm station operators shall be required to meet the physical requirements of B.1.b cf this section and guards, armed response persoc..el, armed escorts and Tactical Feponse Team members shall be required to meet tne physical requirements of paragraphs B.1.b(1) and (2) and shall be subject to medical examination and physical fitness qualification requiredents of paragraph C of this section.

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• w e Dated at Bethesda, MD, this day of 1987.

For the Nuclear Pegulatory Commission.

Victor Stello, Jr.

Executive Director for Operations.

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Approved For Publication The Coesnission has delegated te the EDO (10 CFR 1.31(a)(3)) the authority l

to develop and proswigate rules as defined in the APA (5 U.S.C. 551(4))

l subject to the limitations in NRC Manual Chapter 0103, Organization and  ;

i Functions, Office of the Executive Director for Operations, paragraphs '

0213. 038, 039, and 0310.

The enclosed final rule, entitled "General Criteria for Security Personnel," will amend 10 CFR Part 73. Appendix 8, by deleting the existing scheduling link between the physical fitness test and medical

examination given at least annually to all armed security personnel. The effectiveness of the security force will not be changed by the provisions i of this rule, i This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8 and 9 Subpart C concerning matters of policy. I therefore fina' that this rule is within I the scope of my rulemaking authority and am proceeding to issue it.

Date Victor Stello, Jr.

Executive Director for Operations.

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Ths secw;n et t,e FEDERAL MGr5TER 704 FUstTuta roercetaATlO*e costTacT: ettre par of s'anese sken nnede to breshage contms nouces so the piec cd tie Dr. Sandra D. Frettali, Radiaten cr itee. Cenoque ntly. ccrpl.enus eaa 4., 8'c5'oS*d '****' 08 rw** W r*rotection and Health E.ffects Evanch, bewru n tneMn yet costly nordes;

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U.S. Nudear Regulatory r> *i, eecunty perocanel undeiyo na annant medical esamination whtn 30 deye of a Weshington, DC e telephmw (301) an annual physical nmns teet,to

. ,a 443-7740. Petilloners *suggest bl b two types si. vet.senaxTARY serowesATtosc of testa need not be tied to the tuomme

%ePethe e.and '4 g ml at to CM PM M We Nuclear Regulatory ra==Ima'am ap. ' '

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.is responding to a petition for h haperg c,,nf sagdar phymoel (DocaM Pm6-754) ~ rulemaking dated December 7,19st 8tnew testing and amed.an! -

filsd by Shaw, Pittman. Poeta and euminations for security F - "

Par %I Dental of Pethn for Trowbridge on behalf of the Wlacnnain and state that, under the revised Gutemaking; meconsin Doctric Power Dectnc Powu Company, b Pablic Co, et al knguage poposed h k pd%e, Service ucctdc and Gas Coumpany, b =exjsting regulroments for adMemed Acency. Nudear Regulatory Comanwealth Edison raaipany,the medical esammMhas luuowhg omstaus Commission. Yankee Atomic Doctricc ampaay, b illnus, injury, disun or operense N rthern States Poseer Coespesy, and vroutd not tar affected." N petitlemers AcTioet Partial denial of petition for rulema king' the Sacramento Munidpal UtArty . gun ' b phpical Stone and

- District. W petition requested chances medical ewnineden @ a.of .

svuawm ne Nudear Regulatory la the quah5 cations for armed secwity the varisee branches of h sdrtary Commission (NRC):s respendir 3 to a personnel set out in to CR Part 73, service, en HR, and ehilar petition submlited by Wisconsin Dectric AripendLu B, and entitled "Cenerst enforo snen s <eleed orpnisakrie wt'h Power Company, et al to s.nend to CTR Cnteria for Secondary PersorineL* , g,,

Part 73, Appendi. B.De petitjon Speci0cally, b petitioners requested y 3 than theme d martry oEcers st aAew indudes three proposals: E!1rninata the - changes to criteria LB.1.b(1)(ak LC. J.nd pr,wer sem * *

• W tonMe) ens se requirement that armed secunty LE. pr, ent NRC reevirementa are vuesse#waty personnel carry an estra pair of %e changes the petitioners requested strid. 4e new d shie angemenema an du corrective lenses, reduce the mandated would eliminate the requiteennet that, at subtsry and ad eder &mdamal and stone frequency of medical axaminations for nucjeat power plants or othee facilibes seenoes, the pennoces r===nnend personnel under op 3a, and eliminate licensed to handle apodel e 4== damunanam W ow uneuemanhamas requirements that armed secunty material, anned security persannel who r*teanu%as me6 cal ussunauase se personnel undergo a medical enaminauon within the 36 day period need corrective lennes carry am ntra palt knd the requirement that security P

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q3 precedang the physical fitness test that is personnel undergo a medical , , % ,ma,,,, m , ,gj ,$,,

gisen at leaet yearly, After considering eiamination within 30 days peceding ,39.u.ese ie u ew einaieg g Weems the issues raised, b Commission finds en aratual physical fitness int. preen ec a a fw R* quest & peduoners indude prs 5=wl r qu e a of an utra pair of corrective lenses and artnual De petitioners,in an accumpanWy amendments to the tesi of pitswa mf medical esaminabens. These two parts memorandum in npport of tte peution. Appendia B to Part 71 of the retition are bems denied becaus, state ht "b requinment 'cr ucunty Public Otemieins'tra em Poetion it has not been s'owm that the personnel to carry en extra part of relatetion of pre sent requirements corteetive lenset le an unnecessary  % pedhon wu puMsW for would result in 15e same level of nuisaace to thcoe penonnelIt alsc, comment to the Federal Register on protection provia ed by the current man es them subkct to harassues February 18, tea 2 (47 PP eM91. N NRC regulations. N Convaission intends to inspections to check for their oeomd wt receis ed 13 comment letters. De grant, through luuance of a rule, h of eyeglaoses ce contact tenaea." h soartes wn* as foUows:

third part of the pebboa reguesting petitioners eleo state that o6e Federal Corress-1 deletim of a specified link tetween 6 and State agencies,induding- General publio-1 timing of the medical eseminabon and the mdaary servm M PR & Insgr noa Nudaar mdus try-11 the physical fitness test. Semce. AT7. the Cwtoma Semca. the CSA Ten of the correnent letters a sp;=wted ADom pTst 3: Copes cf the petition for ear the DistNt of Coma Nm:m the petition. yet none of thern contamed rulemsking, the public comrnente Departmaat or b Maryland Stew Pvtwe (d.: any te:.hnical Laformatwa tyond bt thereon, and b NRC's ktter of denial ** l '*" *" 4 P'"*"'" I '* **"7 ** in the petuon. One commenter argued are e"adable for esaminatson end copying for a fee at the Commission's

"$$h*[',, $" ,,,, that broken eyeglasses e e meanLigful level Tbs NKC reweement thas sneers only if the entare gsard fcree is Wag y Pubhc Document Roorn at 1717 fl Street, o.,q ,mng,nt Moreover. tu tv p.ent is to a response aLd pmnied out that there NW, Wa shmgton, DC, ahen dJWt to eenefy becem urr,.ra en has never been a call up of the tc'al 5 C lo s v rc d

Federal Register / Vol. 32. No. m / Thursday, September 3,1987 / Proposed Rules 33ct.

m guard force onsite. Another comrnenter flrurms, th? study makes the statement empended on the medical esaminsuon carrpng en estre pair of' glasses by lasee by descnbing the practices of that "point shooting was entnmely poor armed personnel will be retained.

at night with visual acuties ov:r 00/

certain other State and Federal . .r 30."

• De expenence of the New York With respect to b second proposal.

agencias, w*. w City Police Department showe Nt 20 h7C finds that an annual enedical

.e esaminstion la neceasary to ensure that I'"P* nae to Petition percent of officer gunfights occur at the guard force personnel are ph)sically On the fint proposs! regardirut t$a distences ste eter than 20 feel ne able to perform their duties and that importance of havios an assured level of there are no contraindications to requirement for the estra oeibr staff reevaluation pair of glasses, visual acuity ts stressed by the subts

• participation in the annual phy not public In March,1986 snothe study of the fitness testing Annual or meninents han identif ed substantJve Columbus, Ohio Pouce Department wes wqys in which b proposed changes "prep articipation" medical published and preided farther evidence weeld either benefit b public or result examinations are common practice for that police omeets must periodically . young people who engage in sports or la the same level of protection provided function with impatted vialcm. Also by cornet regula uons. Mile the need strenuous physical actJvity.De included La this published study were Department of Energy, Secel Service, no carry an entre pair of cornetJve lenses is not ccamonly required by resulta of a eurvey of police otDcers who and U.S. Marshal Service all require peesona charged with public safety and rowtinely wear correcuve lenue on duty, annual medical esaminatjoos regardlen Of the omcere responding to b survey. of age, as does b Department of Labor poenction, a requirement for a minimura SM reported that their glasses had acceptable nacornded etsion la for its mine rescue tearn testing. De become "dialodged" while performing petitioner has not presented persuasin communon. thet: duties.'

A few esam'ples of thooe public Although agencies such as the Secet evidence that a three yeat examination agencies wbon regulauons require Service do not require that armed period will provide b same degree of entre corrective lenses for thelt personnel with viaton problema carry an assurance achieved by the curnnt opsesuonal personnel an ea follows. . entra pair of corrective lenses, the annual requinment, De Department of Energy requires that personnel themselves commonly do sa With respect to the third proposal the aramed personnel who need corrective Moreover, the Secret Senim and similar Commission recognizes that the timing lenses carry an estra pair. Federal skencies have stringent non<orncted betwon medical eraminations and a heaecr Canier Safety regula tions prtriide vision standards foe weapona<arrytag physical fitnen test is primarily a that persons, who drive motor vehicles personnel he Seart Service, for scheduling matter in which the licensee on behalf of motor carriers and who use example, reqntree new recruits to have requires dacretion for emcient m=*=ct lenses. carry a span pair on at leset 20/40 uncorrected vision. management.no present regulation bir person. De Coast Guard requfres require: the physical esamination to be A minimum vision standard was that a pilot lle. mants pilct). w ho r.eeds sugested in one of the public comments scheduled within 30 daye of the physical correcthe lenses, have a epare pair to 10 CR part 73 when it was published test. no Comminion agno with b availaMe on the vesscL Since the pilot is as a proposed rule.De commente petiuoners that then la no necesstry normaDy on the vessel bridge, e 'sucested a vision st,tadard as a nlationship betwna this schedule considerably smaller area than a substitute for the requirement o cany interval and the level of protection. De oudest f acuiry, t! tis s4tustaos an extra pair of correctju lenses. latter is satisfwd in demonstrettng sp5=ostmates actually carrytng them. Ilowever, this proposed alternattu, physical ability by an annual On the other hand, most agencies mhlch suggested an uncorrected union esamination and en annual test.

charged with the protection of the p'Js of 20/67 in the better eye, was rejected Accordingly, the Commission recognizes eet amirumum uncorncted as well ee as making the vtaion requirementa too that the timing between medical corrected vision standards for their restrictjve for 67C licenset guard force esaminations and physical fitness anned penonneL' De NRC dxs not. li employinent testing is primarily a scheduling matter sets oedy corrected usion standards. La in which the bcensee requires discr.ition Since h7C has no non<orrected a publiahed report. the impetar,ce of vision standards for armed personnel for emetent management. ne cunent swd visual acuity for polaco omeers is and has not determined that a need rule denies this dnastion. The documented Officers depnud cf esista to place such restrictions on Commission intends to implement this opteal correctisn are show,n to have bcensee guard personnel the change by amendtng the appropriate suffered impaired performance in some requinment to carry an extra pair of sections of Append >n B to to Cm part taaka such as the use of fire. rme and cornetave lenses la necessary to 73. Howenr, as a matter of prudence to pursuit of criminata. With reg tril to maintsin the cunent leul of protection. protect h well. bong of b guard force pursuit, the empenence of the Columbus, Furthermore, the need for gwd vision personnel, the Commission bebens that Obla, pobc4 Department is repc rtel lo etandards for armed personnella well W Laterval between b medical the period from December 19'7 to june recognized in the above<sted studies- eaamination and the ph)sical fitness i

tira, eleven instances of dama ged nerefore. in the abunu of any tests should be minimtael eyewear were reported, lacluding one minimum uncorncted vision Reasons for the Partial Denial invuhing a fall and sia invohing pursuit requirement. and la view of the ,

and apprehension of pnsoners One Commission's determination not to Consideration of the petition and the tastance resulted in a saspect not being reduce the present lesel of protectacn* pubhc comments did not result in a apreebended With regard to the use of the NRC's current requirement for conclusion that gTenting h petition in its entirety would retu]:in maintainir4 i sa.,o un w sa.ow. r, t . end the present lesel of assurance that the ra-- national secunty and public health and 2 4cemem su, >.v.aer Pune bewe dad 4smeassem 3 (1sw L p in enu,sa.w, w vusa.w w ,a ufety wouM be protected Since N a c,egor) W Cood and Aeol e. Ameekse

• baumre r. She+4) *teke V swa 5 es!aeda

• Truevesied V.o.al Acwy 5'eMeMe far PeMe Ccr'ir'hsston does not intend 8 4 change Aweals/ A4e Sass sW (se e sina e At W w s"/ w ad! a'ec % 8 i es e eq lts present pohCy. it is prudtn lo require (1*m4 e it to^se 1s tus L e is that replacements for correctae lensts

i. _ _ _ _

e. ...

. _s 13422 F devel ";.1 - / W4. 62. No.1r1/ Wereder. WA 3. Tse? / Prnposed F. des be imimid 4&oly ave deme 6e = =ad 1M4 pae est w esciare.teH ut the accamphiesoJ thrsmA e ruliww46mg j Securtly awrentM la an eswynaq Act The ese-acart emped to lesme e fLaal procese e deserume tion pmeses situauce aaJ to requjie b corAnssews rule by Aedl 4.196& most effeosw em es4.arg sci:ideres, g

of M medkal asamlastloas for aM Datas:De pob4mc bortaqqs wit be he6d trduties and deaths.

• f"=ed aeonsty personneme MC on Sepcodmr as, and Ocamber 3 esud 10 Sectun ax(d) prowere 64 ti.e thereJore.derdes the twe parts el h 1967. Au wrism c mismenes esasa be secr,tary begin a rulemung per.cese Pehtlon propoung those ch.arees la b ,orene,d by Oco dat te. te87. W en role not teter tha n Septemtwr 1. 2T. and

. requimments. . . . . .

h m,,wd brOctens Aped t1.rms.

p.c't-@ n Nd Moot h'edan 5 Deied et fletheede.tearpard dse ash day be effech e 154L if It willtihe le Apfd 1.1%i!! the Cnal rde la One

~'

el Augwe tes7. prsemeissened on a teter done. A will be prorna4 gited by Apr$1.1988,the Act D'-i S For the Namdser &iguhsery h e6essive Ocasine Aless-

^ -_E:ge,1sur provides that me rule s*aall tak e ef'.ed Ocrcier1.Tses,!! the rule le y  %:eme an she,pr, aposerve:Th E E cuu , prouerpse op ,.e ' heating wulbe Nidinheema2250d6e prumuttated cra a later date.11 shall tale

. PR ow. aP-amets 1%d s+t.*,us em] Namit BuMerg U A Depeetzwet of affett Odoht1.1980.MITSA and

1. eata eene , ,,,

Ttwierwetencnt gas 76St.9W. niWA expect to suet the AprS1.19ee l

WeeMattoa. DQ 6e Ocembee t.1947 deadDne.

l ~ ~ ~ " ~ " * " - Secdea We) d b Act, amend g .*3 hseetas wQ be be44inRenas tMS d &

OOA.1THEstiCF Mads 5POMTAT90s Frtta 14een DeMsg outTWi ler St1nt USC 4c:. replaces the tarnas

! Fort Werati.Teeeet hOresber 1L 19s7

• etandard" and *etandarda".wherner.,,,,g, 1

3- Nee 6emel Hlghusey Teseec Smdsty bearint wtD be held be Cceifwemos

$55 ,, 5 ..gnisgchange wia 4 A88"daie8'wtsee Neo A a ll W eie 1mbsb . n'.ae "8 be addressed La eJa rukaabng adw.

l Federd teghwiry A&rennett:5on us, w 23 CTM Parts $344 and 1795 12 noon anHem tse 5 %M U* S ' **'I 0' '#*' I ibeHT54 Desd6et he.4 S 12; nochee 4J m,se v ester een. .eeu ,s.er ,s .e Sare ,c'eem Pr ".""i h 7 N i Urdform standards for State llighway *** ^"ed eeder se lhekway dodet snahr ensd es eimmbar d tW S*8gy Ad of test.23 USC 642. We Eatety Prvgrarme andHghway Safety notice and be eseu6 sued gegesembly ha NE ;D5termheSon of tea tapees)la Detbet Secamen.Itsee Ad f*futed b estabWad of '

^ of 75sameportatien.

UnifcewiS4a ndards ter State Myhany 1 Erfoceverwee 5100 U S C F .Saeety Fevwremme te eseist he Saetas omd Nas sif Disiduit ee0 Seventh Seset SW.

w Neiend MMy TnJfsc I NMWhM Washuv.at DC asm N d W

.e , - m.m ho., e er-Sa_leey re .usee, metretica e.,m (N)(TS

e. 4 em4 Used in h 442 prtysm wn (n {wg p,,p eg,,,g og ngg.,pagun,,,, Poe rustTeseet eurcessafuses teueTect:in NifTSA: Mr. J.Wchael53e=4 men.}r, prindpally descted wa side ederdet Doese sus. State and hel seus;hase wWi Det 14 Treme

" * " " #"f M *Na tional Ttsthe Sm4rty lbshway Sadpy P 39-sa faenderde.

(NPRM) and ew6ce of pebbc kertnre.

Admisiotrwe osi. 4se Seveedh Street SW.

• rtue w:e cessidered unstwheny I m; Wsehiscoe.DC asemag ,L : { er) - requissneses with its sisthi u adsees na m .a==v: On Aan12. ids 7.e 8Oh IJF M M"M N enaeted h Seadeos Tasaspxseena aad Sl44?sk Ia H(WA: ter. Ibissed 11msein. Omes IUghwey Safety Act c(19; 5 Cees eas Uniforts Relocatsoe Aseissaaos Ad el prodded h e penre Resi!4e 194?. Sectnee Kuydj d die Ad. ofIf,y4 way Safety. Desen 34t1IWent liighway Admirustration. 40s Se,em6 tregdecewWetwe ed t*w pregrum so that i amendrqs 23 USC w(41 e,q,mrse b the Sarecery simakt aM ben to re retre Secir4ary u b sen e es.esasuas pner e Street SW. Westenvistue. DC arTre.

telePM' e Orc) vsant: ce Mr.The--ws Stale comphire w4th eney unifeiets to determl=e bee perra me caset etendeed er eth ee ch e4eme it ef ee ca /

eIf mn .e eedudng scuJre ts tarenes, lloh a n. Ome e W Os.( Cruuriset. Fide rit Ibsh* e7 M-- Waws te4e1 4=me urnforta etendett As e reedt. N and desk and te armend 23 OR Part 1:M ocxwniaquly. Psrs.aat w the Ad. ' (202) 366-13se. stanantie kve becor e vmre Ih ths.w pgr no deJuvd te t e ove,ts etwran wrcasamTot on April sudehes for en by N Stota.

ehce., en the De,metsmeare f. mal r=&e  ! 1987, the Sarf are Trstsparteien and Manegewet eHe prey-im he sW from enf eccing eerid en. ts to eme ef l ml] to eQMe be feders! 1.sataag esmW Ursforta Rehxatnm Ass 5tance Act of I the Stato and Caramurney &hahmey 1967.Ith.1.16U,was enac2rd by prvNem Muttftcs tbn, tverteret e ree Safe ty Geimt Fevgrere (23 USC <e4 Congrest. Section 2fu%d1 td the Act. dew kepment and erehrma. viini th' i

a mendrns 23 U AC en:G.requtres the tedsees as e hmewed fee the $we Th not'ce la tens ecosed W enhcs pregrems.TNs enreedi wes lertnaltsed public comraenta to ea:ieI the National Secietary te bryta a tutemaking proesse ,

l lbshway Trs'f4 Safety AdminhtntwTl to determine hoe prtgrame most ta seWe Byel(d b 19c At:t. !es.6e I

efrecth e in vedscing manients, tntaties. discvrsim tekm etMed. "Os rigt frem (N1f1&M and th.e Tahel Hrshway ,

and deaths and te we l:3 07 Pui Stenderds to C6delses?

Admirmadrerwe (M M.4 6o deierwune w hmit h.ighm ey e.afey progreene ers t'n5

. stxtnhrg'y . . . nit y ' ' =42. De 632 pregmm hal beni mcuJ e&selve. T1+ emaisor em>vsm;es those prtsrums tu&d to W twst adm.inbic.,d at 6 fedetal letel by 6 pui4.c hemage, e=J ismere subeme==ae eIfeetwe m % Department's f.ael awke Federat Rghway Admtaistrat+ee or wwnee onwoests 64 abe puhl=c w dl be ehgtble fue Federol fur 4ng end tr (FliWAl e=s St Notenet thshway dochet e e We satyd, h aN propoves ihe S4 ele etid Comtnamty ll6way Traff.c Safety Ad unieration (N)fTSA) to replace h 6ema "sun. lard' ead S4fety Crzrt Prw am1:3 U SC **:0 NitTSA'u tesponi.% for JneQ.r,g "stant.nis' me the wmis ~gM 4=w' The Act N shes the Secreta y a nd e +!e.nent.q hod. y s4 6e 3 authonty to reuse time rn's Ems:a tn:w W pr^g ams relat ng to the sehic!e end e nJ c.mdeines" es Fart 10e4 cif Lae esencies' pint reguistion. 23 CFR Pari time thereafter Any reuston must be dru er FifW A his o.Nar 9

N. .

o.

• DAILY STAFF NOTES OFFICE OF ADMINISTRAT10fi AND RESOURCES PANAGEMEtiT i

i Final Rule to be stoned by ED0  ;

On ,1987, the Executive Director for Operations ,

approved a final rule that amends 10 CFR Part 73. Appendix 8. "General Criteria for Security Personnel." The rule deletes an existing  !

scheduling link between the physical fitness test and medical examination given at least annually to all anned security personnel. The effectiveness of the security force will not be changed by the provisions of this rule, e

This constitutes notice to the Comission that, in accordarce with the  !

rulemaking a.Jthority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on to the Office of the  !

Federal Register for publication, unless otherwise directed by the Comission.

t 1

I I

Enclosure 2 l

e G,0) W

• m 493 MG ff4 rM f D ,

[j

+ '

.. UNITE D $T ATES sy< NUCLEAR REGULATORY COMMISSION l- 7, .h /- rs ASHINGTON. D C,20S$5 l

s%','y/4

% . ,', . / REVISED AGEN0A l

January 26, 1988 I

MEMORANDUM FOR: Robert M. Bernero, NMSS Thomas 1. Martin, RI -

Denwood F. Ross, RES Joseph Scinto, OGC James H. Sniezek, NRR FROM: Edward L. Jordan, Chairman Committee to Review Generic Requirements ,

SUBJECT:

CRGR MEETING NO. 128 The Committee to Review Generic Requirements (CRGR) will meet on Wednesday, January 27, 1988, 1-5 p.m. in Room 6507 MNBB. The agenda is as follows: -

1-2 p.m. L. Shao, NRR, will present for CRGR review a proposed Generic Letter imposing new staff positions interpreting the intent of 10 CFR 100. Appendix A with regard to exceedance of the Operating Basis Earthquake (OBE). (Review package is enclosed.)

2-3 p.m. L. Shao, NRR, will present for CRGR review a proposed NRC Bulletin on steam generator tube rupture. (Review packQe will be forwarded to members under separate covar when availab e.)

3-4 p.m. S. Crockett, OGC, will brief the CRGR on applicability of 10  ;

CFR 50.54f to Part 21 proposed amendments. l 4-5 p.m. E. Rossi, NRR, will present for CRGR review a porposed NRC Bulletin on Reactor Trip Breaker RTB mechanical failure  :

problems. (Review package is enclosed.)

7 5 p.m. The final item to be considered by the Committee at this meeting is a proposed rule change to delete a 30 day scheduling link ,

between the annual physical fitness test and preceding medical examination given to all armed security personnel at operating nuclear plants. Due to the minor significance of this proposed change, a fore:a1 presentation to CRGR by the sponsoring office (RES) is not considered necessary on this item. (Review package is enclosed.)

If a CRGR member cannot attend the meeting, it is his responsibility to assure that an alternate, who is approved by the CRGR Chairman, attends the meeting.

$M/2d'  %,

January 20, 1988 Persons making presentations to the CRGR are responsible for (1) assuring that the information required for CRGR review is provided to the Committee (CRGR Charter - IV.8). (2) coordinating and presenting views of other offices, (3) as appropriate, assuring that other offices are represented during the presenta-ion, and (4) assuring that agenda modifications are coordinated with the CRGC contact (J. Conran X29855) and others involved with the presentation. Division Directors or higher management should attend meetings addressing agenda items under their purview.

In accordance with the ED0's March 29, 1984 memorandum to the Commission con-cerning "Forwarding of CRGR Documents to the Public Document Room (POR)," the enclosure, which contains predecisional information, will not be released to the POR until the NRC has considered (in a public forum) or decided the matter addressed by the information, tMew 5peil 6e e 0 3wilen Edward L. Jordan Chairman Coenittee to Review Generic Requirements

Enclosures:

As stated cc w/ enclosures: SECY V. Stello, Jr.

cc w/o enclosures:

Commission (5) J. Lieberman S. Ebneter W. Mcdonald Regional Administrators W. Parler L. Shao G. Arlotto E. Rossi Distribution:

E. Jordan J. Heltemes J. Conran C. Sakenas R. Fraley B. Doolittle CRGR CF (w/o ene.) CAGR SF S. Treby (w/o enc.) T. Rehm (w/o enc.) J. Johnson, OED0 PDR (NRC/CAGR) (w/o enc.) Central File (w/o ene.)

DTI : AE00 : AE00:00 C/CRGR: A 4  :  :  :

. /d ran:cg  :]JHeltemesTho dan NAME :J  :  :  :  :  :

DATE : 1//f/88  : 1/19/88  :

1p0/88  :  :  :  :

A