ML23152A132

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PR-050, 070 - 60FR19170 - Physical Security Plan Format Changes
ML23152A132
Person / Time
Issue date: 04/17/1995
From: Taylor J
NRC/EDO
To:
References
PR-050, PR-070, 60FR19170
Download: ML23152A132 (1)


Text

ADAMS Template: SECY-067 DOCUMENT DATE: 04/17/1995 TITLE: PR-050,070 - 60FR19170 - PHYSICAL SECURITY PLAN FORMAT CHANGES CASE

REFERENCE:

PR-050,070 60FR19170 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-050,070 OPEN ITEM (Y/N) N RULE NAME: PHYSICAL SECURITY PLAN FORMAT CHANGES PROPOSED RULE FED REG CITE: 60FR19170 PROPOSED RULE PUBLICATION DATE: 04/17 / 95 NUMBER OF COMMENTS: 2 ORIGINAL DATE FOR COMMENTS: 05 /17/ 95 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 60FR53505 FINAL RULE PUBLICATION DATE: 10/16/95 NOTES ON: PROPOSED RULE SIGNED BY EDO. FINAL RULE SIGNED BY EDO; EFFECTIVE STATUS : NOVEMBER 15, 1995. FILE LOCATED ON Pl.

- OF RULE :

HISTORY OF THE RULE PART AFFECTED: PR-050,070 RULE TITLE: PHYSICAL SECURITY PLAN FORMAT CHANGES PROPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 04 / 05 / 95 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 10/24/95

- CONTACT!: CARRIE BROWN, NMSS STAFF CONTACTS ON THE RULE MAIL STOP: T8-A33 PHONE: 415-8092 CONTACT2: MAIL STOP: PHONE:

DOCKET NO. PR-050,070 (60FR19170)

In the Matter of PHYSICAL SECURITY PLAN FORMAT CHANGES DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT

- 05/17 /95 05/18/95 04/05/95 05/17 /95 FEDERAL REGISTER NOTICE - PROPOSED RULE COMMENT OF NUCLEAR ENERGY INSTITUTE (THOMAS E. TIPTON, V.P.) ( 1) 05/30/95 05/17 /95 COMMENT OF VIRGINIA POWER (M. L. BOWLING) ( 2) 10/24/95 10/03/95 FEDERAL REGISTER NOTICE - FINAL RULE

DOCKETED [ 7590-01-P J us,Rc NUCLEAR REGULATORY COMMI.~Ii~T 24 A, 9 :59 10 CFR PARTS 50, 70, AND 72 FF ICE QF SECRETARY RIN 3150-AF27 i ocKE1\iK . SERVICE BRk 4CH PHYSICAL SECURITY PLAN FORMAT CHANGES AGENCY: Nuclear Regulatory Commission. DOCKET NUMBER PROPOSED RULE...:..=.::~ ~ -

ACTION: Final rule. ( <co~R.. \9 \70)

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to eliminate the requirement for applicants for power reactor, Category I fuel cycle, and spent fuel storage licenses to submit physical security plans in two parts. This action i s necessary to allow for a quicker and more efficient review of the physical security plans.

EFFECTIVE DATE:

Regis1:er.)

FOR FUR*rHER INFORMATION, CONTACT: Carrie Brown, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001, telephone (301) 415-8092.

SUPPLEMENTARY INFORMATION:

Under current NRC regulations, applicants for power reactor, Category I fuel cycle, and spent fuel storage licenses must submit physical security plans in two parts. Applicants for power reactor, category I fuel cycle, and spent fuel storage cl

~..A.. , ,c.\C\5

( foo"FR..555t>S)

licenses are required to address, in Part 1 of their plans, how they will comply with the applicable regulations of 10 CFR Parts 11 and 73. They are required to list, in Part 2 of their plans, any test, inspections, audits and any other means to be used to demonstrate compliance with the regulations.

The two-part format is restrictive and has no regulatory advantage. Existing licensees with physical security plans approved before the effective date of the final rule will not be required to adopt the new format. These licensees, however, may revise their plans on a voluntary basis, pursuant to the rules that permit licensees to make ch~nges in security plans that do not decrease the effectiveness of the plans. This final rule will not change any of the substantive content currently required in the physical security plans.

The benefit of this rulemaking is the elimination of an unnecessary requirement and there are no expected adverse impacts. For those licensees who desire to revise their physical security plans, the staff has revised Regulatory Guide, 5.52, "Standard Format and Content of a Licensee Physical Protection Plan for Strategic Special Nuclear Material at Fixed Sites (Other than Nuclear Power Plants)," for use as guidance. NRC encourages applicants or licensees to follow such guidance in order to allow for' a quicker and more efficient review of the plans.

2

Summary of Public Comments The comment period for the proposed rule published April 17, 1995 (60 FR 19170), closed on May 17, 1995. Two comments were received. The following comment summary and resolution address these comments.

Comment. This commenter complimented NRC for eliminating unnecessary requirements and commented on one statement, in the "Supplementary Information" section, that says licensees may

" *** revise their plans on a voluntary basis pursuant to the: rules that permit licensees to make changes in security plans that do not decrease the effectiveness of the plan." The commenter discussed a Generic Letter that is being developed by the Office of Nuclear Reactor Regulation entitled, "Standardization of Security Program Reviews," and encouraged the issuance of the draft Generic Letter for comment as soon as possible.

4t Response. The Generic Letter was published in the Federal Registe~ on June 14, 1995 (60 FR 31326), with a 30-day comment period.4 Comment. This commenter noted that a similar requirement to submit physical security plans in two parts in 10 CFR 72.180 was not addressed and indicated that it should be included.

Response. NRC agrees with the comment and 10 CFR 72.180 has been amended.

3

Environmental Impact: Categorical Exclusion NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c) (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 u.s.c. 3501, et seg.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0009, 0011, and 0132.

Regulatory Analysis The Commission has not prepared a regulatory analysis on this regulation because the amendment does not involve a question of policy, will have no impact on public health and safety, and will require no additional burden on current licensees.

4

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 u.s.c. 605(b), the Commission certifies that this final rule does not have a significant economic impact on a substantial number of small entities. This final rule affects applicants for power reactor, Category I fuel cycle, and spent fuel storage licenses.

Because these licensees are not classified as small entities, as defined by NRC's size standards (10 CFR 2.810), the Commission finds that this final rule does not have a significant* economic impact on a substantial number of small entities.

Backfit Analysis NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule, and therefore, that a backfit analysis is not required, because this amendment does not involve any provisions that would impose backfits, as defined in 10 CFR 50.109(a) (1).

List of Subject Index Terms Part 50: Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping r~quirements.

5

Part 70: Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 72: Manpower training programs, Nuclear materials,

  • Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 u.s.c. 552 and 553, NRC is adopting the following amendments to 10 CFR Parts 50, 70, and 72.

- Part 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 stat. 1244, as amended (42 u.s.c. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 6

202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 u.s.c. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat.

3123, (42 u.s.c. 5851). Section 50.10 also issued under secs. 101, 185, 68 stat. 936, 955, as amended (42 u.s.c. 2131, 2235);

sec. 102, Pub. L.91-190, 83 Stat. 853 (42 u.s.c. 4332). Sections

  • 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 stat.

939, as amended (42 u.s.c. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C.

2235). Sections 50.33a, 50.55a, and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 u.s.c. 4332). Sectfons 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 u.s.c. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 u.s.c. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 u.s.c. 2152).

Sections 50.80 - 50.81 also issued under sec. 184, 68 stat. 954, as amended (42 u.s.c. 2234). Appendix Falso issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237).

2. In Section 50.34, paragraph (c) is revised to read as follows:

section 50.34 contents of applications; technical information.

7

(c) Each application for a license to operate a production or utilization facility must include a physical security plan. The plan must describe how the applicant will meet the requirements of Part 73 (and Part 11 of ~is chapter, if applicable, including the identification and description of jobs as required by Section 11.ll(a), at the proposed facility). The plan must list tests, inspections, audits, and other means to be

  • used to demonstrate compliance with the requirements of 10 CFR Parts 11 and 73, if applicable.

Part 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

3. The authority citation for Part 70 continues to read as follows:

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 stat. 444, as amended sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 u.s.c. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 u.s.c. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 u.s.c. 2152). Section 70.31 also 8

issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 u.s.c.

2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 u.s.c. 2236, 2237).

Section 70.62 also issued under sec. 108, 68 stat. 939, as amended (42 u.s.c. 2138).

4. In Section 70.22, paragraph (h) (1) is revised to read as follows:

s10.22 contents of applications.

(h) (1) Each application for a license to possess or use, at any site or contiguous sites subject to licensee control, a formula quantity of strategic special nuclear material, as defined in Section 70.4, other than a license for possession or use of this material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan. The plan must describe how the applicant will meet the applicable requirements of Part 73 of this chapter in the conduct of the activity to be licensed, including the identification and description of jobs as required by 10 CFR 11.ll(a). The plan must list tests, inspections, audits, and other means to be used to demonstrate compliance with the requirements of 10 CFR Parts 11 and 73, if applicable.

9

Part 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

5. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 u.s.c. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 u.s.c. 2021); sec. 201, as amended, 202, 206, 88 stat. 1242, as amended, 1244, 1246 (42 u.s.c. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat.

2951 (42 u.s.c. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 u.s.c. 4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs. 142(b) and 148(c),(d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 u.s.c. l0162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 stat. 955 (42 u.s.c. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 u.s.c. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 10

(42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2),

2(15), 2(19), 117(a), 141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 u.s.c. 10101, 10137(a), 10161(h)).

Subparts Kand Lare also issued under sec. 133, 98 Stat. 2230 (42 u.s.c. 10153) and sec~ 218(a), 96 stat. 2252 (42 u.s.c.

10198).

6. Section 72.180 is revised to read as follows:

section 72.180 Physical security plan.

The licensee shall establish a detailed plan for security measures for physical protection. The licensee shall retain a copy of the current plan as a record until the Commission terminates the license for which the procedures were developed and, if any portion of the plan is superseded, retain the superseded material for 3 years after each change. This plan must demonstrate how the applicant plans to comply with the applicable requirements of Part '73 of this chapter and during transportation to and from the proposed ISFSI or MRS and must include the design for physical protection, the licensee's safeguards contingency plan, and the guard training plan. The plan must list tests, inspections, audits, and other means to be used to demonstrate compliance with such requirements.

11

Dated at Rockville, Maryland, this j ~ a y of 0~ I 1995

  • For the Nuclear Regulatory Commission.

for Operations.

12

Approved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA

{5 u.s.c. 551 {4)) subject to the limitations in NRC Management Directive 9.17, "Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213, 038, 039, and 0310.

The attached final rule, entitled "Physical Security Plan Format Changes" amends Parts 50, 70, and 72 to eliminate the requirement for applicants for power reactor, category I fuel cycle, and spent fuel storage licenses to submit physical security plans in the two-part format. The two-part format is restrictive and has no regulatory advantage. Existing licensees with physical security plans approved before the effective date of the final rule will not be required to revise their physical security plans. They may, however, revise their plans on a voluntary basis, pursuant to the rules that permit licensees to make*

changes in s~curity plans that do not decrease the effectiveness of the plans.

This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9, Subpart c, concerning matters of policy. I, therefore, find that this final rule is within the scope of my rulemaking authority and am proceeding to issue it.

or for Operations

(

5000 Dominion Boulevard Glen Allen, Virginia 23060 DOCK t:'T EO DOCKET NUMBER" .

us~tRc PROPOSED RULE ~ 0 (60F~ }'1170)

  • 95 MAY 30 Al 1 :27 May 17, 1995 OFFICE Of SECRE TARY DOCKETING & SERVICE BRANCH VIRGINIA POWEil Secretary Serial No. GL 95-023 United States Nuclear Regulatory Commission NURPC Attention: Docketing and Service Branch Washington , D. C. 20555

Dear Sir:

10 CFR PARTS 50 AND 70: PHYSICAL SECURITY PLAN FO RMAT CHANGES (60 FR 19170)

COMMENTS ON PROPOSED RULE Virginia Power has reviewed the proposed rule , Physical Security Plan Format Changes (60 FR 19170), dated April 17, 1995. We endorse the comments submitted by the Nuclear Energy Institute (NEI). Additionally, in our review, we identified that a similar requirement in 10 CFR 72.180 was not addressed but should be included as it is for 10 CFR 50.34(c). Specifically, 10 CFR 72.180 also requires ISFSI and MRS applicants to submit a physical security plan consisting of two parts and should be revised in the same manner.

Very truly yours, fi/L-4?

M. L. Bowling , Manager Nuclear Licensing and Programs cc: Mr. Thomas E. Tipton Nuclear Energy Institute 1776 I Street, N. W.

Suite 400 Washington, D. C. 20006-3708

  • .1mr ? n' l995' Acknowladqed by card ......u,mmuwunu.iuC

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U,S. NUCLEAR f*,, ..:.v _,. ="OflY COMMISSIO~

DOCKETING & SERVICE SECTION OFFICE OF THE SECRETARV OF THE COMMISSION Document Statistics Postmark Date I I tr/ q S Copies Received _ _--=/_____

Add'I Copies Reproduced .....? ' --- - - -

Special Distribution fl.rOSj PJ?fl, (3 w w  !\,

DOCKETED (j)

USNRC NUCLEAR ENERGY INSTITUTE

-SS MAY 18 P2 :51 Thomas E. Tipton V IC E PRE SIDENT Off IC£ OF SECRETAR¥oNs ENGINEERING &

OOCKETI MG & SERVICE May 17, 1995 BRANCH Mr. John C. Hoyle Secretary DOCKET NUMBER U.S. Nuclear Regulatory Commission PROPOSED RULE PR S- O er7D Washington, D.C. 20555-0001 (6oF(( */ CJJ70)

ATTENTION: Docketing and Service Branch

SUBJECT:

Proposed Rule -- Physical Security Plan Format Changes (60 Federal Register 19170 - April 17, 1995)

Notice of Opportunity for Public Comment

Dear Mr. Hoyle:

These comments are submitted on behalf of the nuclear power industry by the Nuclear Energy Institute (NEI) 1 in response to the Federal Register notice concerning the proposed rule, "Physical Security Plan Format Changes" (60 Federal Register 19170 - April 17, 1995).

We agree that elimination of unnecessary requirements is appropriate and compliment the NRC for taking this action. We would, however, like to comment on one statement in the Supplementary Information section that licensees may

': .. revise their plans on a voluntary basis pursuant to the rules that permit licensees to make changes in security plans that do not decrease the effectiveness of the plans."

We understand that this is the subject of a Generic Letter (GL) being developed by the Division of Technical Support in the Office of Nuclear Reactor Regulation, entitled "Standardization of Security Program Reviews."

1 NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including regulatory aspects of generic operational and technical issues. NEI's members include all utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy issue.

MAY' 2 2 1Dli' Acl'""""J'f\~,.,,vi i-.v c~rd ............................,...."

1776 I STREET NW SUITE 400 WASHINGTON , DC 20006-3708 PHONE 202 739 8107 FAX 202 785 l 898

Mr. John C. Hoyle May 17, 1995 Page 2 Our expectation is that the premise of the GL is a redefinition of the phrase,

  • ~ .. not decrease the effectiveness of the plans" and an explanation of a process to make changes to security plans under§ 50.54(p) that would not result in a reduction in a licensee's ability to meet the design basis threat established in Part 73 independent of changes in effectiveness of other aspects of a security plan.

We encourage the issuance of the draft GL for public comment as soon as possible.

We appreciate the opportunity to comment on this proposed rule and would welcome the opportunity to discuss industry considerations further with appropriate NRC personnel.

- Sincerely, c-7).~~~~r Thomas E . Tipton REE/rs c: Ms. Carrie Brown, NRC

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NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 50 AND 70 RIN 3150-AF27 PHYSICAL SECURITY PLAN FORMAT CHANGES AGENCY: Nuclear Regulatory C01111ission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Conmission (NRC) is proposing to amend its regulations to eliminate the requirement for applicants for power reactor and Category I fuel cycle licenses to submit physical security plans in two parts.

This action is necessary to al low for a quicker and more efficient review of the physical security plans.

DATE: The co111nent period expires (30 days from date of publication in the Federal Register). Comments received after this date will be considered if it

- is practical to do so, but the Commission is able to assure consideration only for co1N11ents received on or before this date.

ADDRESSES: Mail written co111nents to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.

Deliver co11111ents to One Wh ite Flint North, 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm, Federal workdays.

..l WS. N, .. . -:;:-GUI..ATORY COMM ISSIOt-.

DC*, i , :r~& SERVICE SECTION Or i.lCf OF THE SECRETARY OF THE COMMISSION Document Statistics

Copies of the c011Rents received ~ay be examined at the NRC Public Docl.lflent ROOIR, 2120 L Street, NW (Lower Level), Room LL6, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Brown, Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory C01R1Rission, Washington, DC 20555, telephone (301) 415-8092.

SUPPLEMENTARY INFORMATION:

- Under current NRC regulations, applicants for power reactor and Category I fuel cycle licenses must submit physical security plans in two parts.

Applicants for power reactor and Category I fuel cycle licenses are required to address in Part I of their plans how they will comply with the applicable regulations of 10 CFR Parts II and 73. They are required to list in Part 2 of their plans any test, inspections, audits and any other means to be used to demonstrate compliance with the regulations.

- The two part format is restrictive and has no regulatory advantage. If this rule is adopted as a final rule, existing licensees with physical security plans approved before the effective date would not be required to revise their plans. These licensees ~ay however, revise their plans on a voluntary basis, pursuant to the rules that permit licensees to make changes in security plans that do not decrease the effectiveness of the plans.

This rule, if adopted, will not change any of the substantive content currently required in the physical security plans.

2

The benefit of this rulemaking would be the elimination of an unnecessary requirement and there are no expected adverse i!Rpacts. For those licensees who desire to revise their physical security plans, the staff has revised Regulatory Guide 5.52, *standard Format and Content of a Licensee Physical Protection Plan for Strategic Special Nuclear Material at Fixed Sites (Other than Nuclear Power Plants),* for use as guidance. The NRC encourages, but does not require, applicants or licensees to follow this guidance which would allow for a quicker and more efficient review of the plans.

Environmental Impact: Categorical Exclusion The NRC has deterained that this proposed rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement This rule does not contain a new or amended infonaation collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Manageaent and Budget, approval numbers 3150-0009 and 0011.

Regulatory Analysis The C01111ission has not prepared a regulatory analysis on this regulation because the amendment does not involve a question of policy, will have no 3

iapact on public health and safety, and would impose no additional burden on licensees.

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.

605{b), the CoaRission certifies that this proposed rule, if adopted, will not have a significant economic impact upon a substantial number of small entities. This proposed rule would affect applicants for power reactor and Category I fuel cycle licenses. Because these licensees are not classified as saall entities as defined by the NRC's size standards (December 9, 1985; 50 FR 50241), the C011111ission finds that this proposed rule does not have a significant economic impact upon a substantial number of small entities.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analysis is not 9 required because this amendment does not involve any provisions which would illJ)ose backfits as defined in 10 CFR 50.109(a)(l).

List of Subject Terms Part 50: Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requireaents.

4

Part 70: Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equiJ)lll8nt, Security measures, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following uwmdlaents to 10 CFR Parts 50 and 70.

Part 50 - DOMESTIC LICENSING OF PROOUCT10N AND UTILIZATION FACILITIES

1. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83

- Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 u.s.c. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat 3123 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat~ 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.91-190, 83 Stat. 853 {42 U.S.C. 4332).

Sections 50.13, 50.54{dd), and 50.103 also issued under sec. 108, 68 Stat.

939, as illllended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 {42 U.S.C. 2235). Sections 50.33a, 5

50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat.

853(42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued.under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80, 50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).

Appendix*F also issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237).

2. In §50.34, paragraph (c) is revised to read as follows:

§50.34 Contents of applications. technical information.

(c) Each application for a license to operate a production or utilization facility must include a physical security plan. The plan must describe how the applicant will meet the requirements of 10 CFR Part 73 (and 10 CFR Part 11, if applicable, including the identification and description of jobs as required by §11.ll(a), at the proposed facility). The plan must list

- tests, inspections, audits, and other means to be used to demonstrate c011pliance with the requirements of 10 CFR Parts 11 and 73, if applicable.

Part 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

3. The authority citation for Part 70 continues to read as follows:

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, 6

as a11ended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851). Section 70.2l(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).

Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 u.s.c. 2138).

4. In §70.22, paragraph (h)(l) is revised to read as follows:

§70.22 contents of applications, (h)(l) Each application for a license to possess or use at any site or contiguous sites subject to licensee control, a formula quantity of strategic special nuclear material as defined in §70.4 other than a license for possession or use of this material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan. The plan must describe how the applicant will meet the applicable requiretRents of Part 73 of this chapter in the conduct of the activity to be licensed, including the identification and description of jobs as required by 7

10 CFR 11.ll{a). The plan must list tests, inspections, audits, and other means to be used to deA10nstrate cocnpliance with the requirements of 10 CFR Parts 11 and 73, if applicable.

Dated at Rockville, Maryland, thisJ~ay of V , 1995.

For the Nuclear Regula.Cry Commission .

. Taylor, utive Director for Operations 8

19170 owners of rental properties, co-ops for housing preservation or for replacement housing as described in § 1944.656 of

.this subpart.

-(d) Authorized replacement housing assistance includes, but is not limited .

to:

l1) Byilding a dwelllng and providing related facilities for use*by the individl!al homeowner as a permanent resident; (2) Providing a safe and sanitary water and waste dJ.sposal system, together * ,'

with related p1umbin:g and fixtures, which will meet local health department requirements:

(3) Providing,minimum site preparation, including grading, foundation plantings, and minimal landscaping; ,

(4) Providing special design features or equipment when necessary because of physical handicap or disability of the HPG recipient or member of the hoU88hold:

(5) Purchasing and installing approved energy saving measures and (b) Grantees are encouraged to approved furnaces and space heaters f 1944.883 Reporting requl~ts.

establish a program which reuses * * *

  • which use a type of fuel that is income from loans afterthe grant period commonly used, and is economical and (b) * *
  • for continuing repair and rehabilitation (3) The*use ofHPGand any other dependably available; activities, as well as for individual (6) Providing storm cellars and similar funds for replacement housing.

housing replaced ..

protective structures, if typical for the 14. Section 1944.671 is amended by * * * *

  • area; , Dated: March 22, 1995.

(7) Paying raal estate taxes.which are revising paragraph (a)(2) to read as Michael V. Dunn.

due and payable on the existing follows:

Acting Under Sec~ry. Rural Economic and dwelling/site at the time of closing, if f 19<<.871 Equal opportunity Community Development.

this amoupt is not ~:substantial part of requlrementa and o ~ efforts. [FR Doc. 95-9262 F1:1ed 4-14-95; 8:45 am]

the HPG assistance; * * *

  • BI.UHG CODI! 3410-07-U (8) Providing living area for the HPG (a) *. *
  • recipient and all members of the (2) The tenn "residential real estate-ho1J1!8hold as specified in§ 1944.16 (c) related transaction" includes the NUCLEAR REGULATORY of subpart A of this part; and making or purchasing of loans, grants, COMMISSION (9) Moving a dwelling onto the site of or other financial assistance for the demolished, previously existing purchasing, constructing, improving, 10 CFR Parts 60 and 70 housing and moo$g all HPG housing repairing, or rehabilitating a unit or preservation requirements for repair and mN 3160-AF27 dwelling, as well as for :replacement rehahllitati.oJi,; housing for individual homeowners. Physical Security Plan Format (10) Providing fundsior demolishing the existing housing; and * * * * * (?hanges
  • 15. Section 1941.a:ti'is amended.by (11) Any:other cost that is reasoriable adging the words "*or housing , AGENCY: Nuclear Regulatory

. and jw,filiabl~ cijrectly related to . replacement" after the word Commission. _ ** *

-replacemant'actlvitie& - ACTION: Proposed rule. *

"preservation" in the fourth sentence of

  • .
  • paragraph (b); in paragraph (d), by

.. (h.) * *

  • _ revising the reference "Paragraph VII of

SUMMARY

The Nuclear Regulatory (1') Assist in the construction or exhibit C of this subpart" to read Commission (NRC) is proposing to completion of an_additl~-(exclg.ding "Paragraph vm of exhibit C of this . amend its regulations to eliminate the paragraph (c)(i1) of this section) or a subpart"; and by revising the first requirement for applicants for power

_ new dwelling. This parag,:aph does not sentence of paragraphs (a) anp. (b) to reactor and Category I fuel cycle apply to replacement ?-~U;Sing, read as follows: licenses to.submit physical security

  • .
  • plans in two parts. This action is (3) Repair or rehabilitate, as well as f 1944.672. Environmental requl.rements. ,,necessary to all_ow for a _quicker and replace any property located in the * * * * .
  • more efficient review. orthe physical Coastal Barrier Resources System. (a) The appcoval of an HPG grant fo1 i. acurity plans.
10. Section 1944.665_ is amended by the repair, rehabilitation, or replacement DATES: The comri:tent period- expires reyising the heading and the first of dwellings shall be a Class I action. May 17, 1995. Comments received after sentence to read as follows: * *
  • this date will be considered-if it is
e Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules practical to do so, but the Commission*

. . _ is able tQ ass~ consideration onl,: for Environmental Impact: Categorical Exclusion 10 CFR Part 70 Criminal penalties, Hazardous 19171

\

  • comments received on or before this mate,lals transportation, Material

..-. The NRC has determined that this

  • ~ ,date:

}

  • ADORESSES: Mail writte_n comments to proposed rule is the type of action control and accounting, Nuclear materials, Packaging and containers, described as a categorical exclusion in
  • *. the Secretary, U.S. Nuclear Regulatory 10 CFR 51.22(c)(2). Therefore, neither Radiation protection, Reporting and

,*

  • eoznmission, Washington, DC 20555, an environmental impact statement nor record.keeping requirements, Scientific K . Attention: Docketing and Service an environmental assessment has been equipment, Security measures, Special

' Branch. Deliver comments to One White prepared for this proposed rule. nuclear material.

Flint North, 11555 Rockville Pike, For the reasons set out in the Rockville, Maryland, between 7:30 am Paperwork Reduction Act Statement preamble and under the authority of the and 4:15 pm, Federal workdays. Atomic Energy Act of 1954, -as amended, This rule does not contain a new or Copies of the comments received may amended information collection the Ena ..,u,.l'l..,:.uzation Act of 1974, be examined at the NRC Public requirement subject to the Paperwork: as an 5 U.S.C. 553, the NRC Document Room, 2120 L Street, NW Reduction Act of 1980 (44 U.S.C. 3501 is *proposing to adopt the following (Lower Level), Room LL6, Washin~on, et seq.). Existing requirements were amendments to 10 CFR parts 50 and 70.

oc. ., approved by the Office of Management

  • FOR FURTHER INFORMATION CONTACT: Ms. PART 50-00MESTIC LICENSING OF and Budget, approval numbers 3150- PRODUCTION AND UTILIZATION Carrie Brown, Office of Nuclear Material 0009 and 0011. ,

Safety and Safeguards, U. S. Nuclear FACILITIES Regulatory Commission, Washington, Regulatory Analysi,

1. The authority citation for part 50 OC 20555, telephone_(301) 415-8092. The Commission has not PJ:'E:{_)ared a continues to read as follows:

SUPPLEMENTARY INFORMATION: Under regulatory analysis on this regulation Authority: Secs. 102, 103, 104, 105, 161, current NRC regulations, appliC!lllts for because the amendment does not 182, 183, 186, 189, 68 Stat. 936,937, !138, power reactor and Category I fuel cycle a involve question of policy, will have 948, 953, 954, 955, 956, 118 wnended, sec.

licenses must submit physical security no inlpact on public health and safety, 234, Stal 1244, as amended (42 U.S.C. 2132, plans in two parts. Applicants for power and would inlpose no additional burden 2133,2134,2135,2201,2232,2233,2236, reactor and Category I fuel cycle on licensoos. 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat 1242, as amended, 1244, 1246 (42 licenses are required to address in Part u.s.c. 5841, 5842, 58-46).

1 of th~ir plans how they will comply Regulatory Flexibility Certification Section 50.7 also issued under Pub. L. 95-with the applicable regulations of 10 In accordance with the Regulatory 601, sec. 10, 92 Stat 2951 as amended by CFR parts 11 and 73. They are required Flexibility Act of 1980, 5 U.S.C. 605(b), Pub. L. 102-486, sec. 2002, 106 Stat 3123 (42 to list in ,Part 2 of their plans any test, the Commission certifies that this U.S.C. 5851). Section 50.10 also issued under inspections, audits and any other moons proposed rule, if adopted, will not have secs. 101, 185, 68 Stal 936, 955, as amended to be used to demonstrate compliance a significant economic inlpact upo~ a (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-with the regulations. 190, 83-Stat 853 (42 U.S.C.. 4332}. Sections substantial number of small entities. 50.13, 50.54(dd), and 50.103 also Issued The two part fonnat is restrictive and This proposed rule would affect' under soc. 108, 68 Stal 939, as amended (42 has no regulatory' advantage. ff this rule applicants for power reactor and U S.C. 2138). SectiOJlS 50.23, 50.35, 50.55, a

is adopted as final rule, existing Category I fuel cycle licenses. Because and 50.56 also issued under sec. 185, 68 Stat licensees with physical security plans these licensees are not classified as 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a approved before. the effective date small entities as defined by the NRC's and Appendix Q also issued under sec. 102, would not be'required to revise their size standards (December 9, 1985; 50 FR Pub. L.91-190, 83 Stat. 853(42 U.S.C. 4332).

plans', These licensees may howevar, 50241), the Commission finds that this Sections 50.34 and 60.54 also issued under revise their plans on a voluntary basis, proposed rule does not-have a sec. 204, 88 Stal 1245 (42 U.S.C. 5844).

pursuant to the rules that permit Sections 50.58, 50,91, and 50.92 also Issued significant economic impact upon a under Pub. L.97-415, 96 Stat. 2073 (42 licensees to make changes in security substantial number of small entities. U.S.C. 2239). Section 50.78 also issued under plans that do not decrease the sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

effectiveness of the plans. This rule, if BackfitAnalysi.s Sectlom 50.80, 50.81 also Issued under sec.

adopted, will not change any of the The NRC has determined that the as 184, 68 Stal 954, amended (42 U.S.C.

substantiv~ contenf currently required -.back.fit rule, 10 CFR 50.109, does no/: 2234). Appendix Falso issued uni:ftir sec.

in the physi_cal security plans, apply to this proposed rule, and* 187, 68 Stat. 965 (42 u:s.C 2237).

The benefit of this rulemaking-would therefore, that a back.fit analysis is not 2. In § 50.34, paragraph (c) is revised be the elimination of an unnecessary . required beca~ this amendment does to read as follows: -

raquirement and tliere are -no expected not involve any provisions which wquld adverse inlpacts. For those licensees inlpose, backfits rui defined in 10 CFR § 50.34 Contents of applicaUons, technlc:al who desire to revise their physical Information.

security plans,_ the staff has revised 50.109(a)(1). ,.

Regulatory Guide 5.52, "Standard List of Subjects (c) Each application for a license ro Format and Conlem of a Licensee 10 CFR Part 50 operate a production or utilization Physical Protection Plan ior Strategic facility must include a physical secu.ri,y Special Nuclear .Ma1eriru at Fixed Site:; Antilrust, Classified information, plan. The plan must describe how the (Other than N'rn.::ear Power Plants)," ior Criminal penalties, Fire protection, appiicant will meet fun reql.lireme-1is :::

use as gwrumce. The NRC enc::~urages, Intergovernmental relations, Nuclear 10 CFR part 73 (and 10 CFR part 11, 1f but does not require, applicants or J:lOWer plants and reactors, Radiation dpplicable, including the ldeiitificatio;*

ll~nsees to fol!ow this guidance which protection, Reactor siting criteria. - and des:eription of jobs as required by would allow for a quicker.and m0:ra - Reporting and recor ..;J.ooping * § 11.11 1a), at the proposed facility). The effici~nt review _of the plans.

  • requirernen~s. plan must list te1>1.8, inspections, aud.i* :::

19172 Federal Register / Vol. 60, No .. 73 / Monday, April 17, 1995 / Proposed *Rules and other means to be used to DEPARTMENT OF TRANSPORTATION proposed rule by subro,ittlng such demonstrate compliance with the written data, views, or arguments as requirements of 10 CFR parts 11 and 73, Federal AvlaUon Administration they may desire. Communications if applicable. , * . *~ should identify the Rules Docket

,. 14 CFR Part39 . number and be submitted in triplicate to

[Docket No. 94-CE-33-AD] the address specified abo'l!8, All .

PART 70-DOM!:STIC LICENSING OF cmrununicatlons received on or before SPECIAL NUCLEAR MATERIAL Airworthiness Directives; Beech the closing_ date for comments, specified

  • Aircraft Corporation Model 19000 above, will be consideraj before taldng
3. The authority citation for part 70 .
  • Al~lanes action on the proposed rule. The co~tlnues to read as follo~s: * . AGENCY: Federal Aviation proposals contained.in this notice Jll(ly

.* A* ~ Secs.

  • 51, 53, 161;
  • 182; 18~. 68 , A..1.:...'nistrati.

~u . ont DOT. be ~ e d in light ofth~ comments

. ded race .

Stat 929, 93Q, 948,953,954, lis am.en . ,. *'-

  • A9f10N: Notiq:i of proposed rulemaking Comments are specifically invited on 88C. 2a4; 83 Stal 444,411 ameo,ded (42 U.S.C. (NPRM). the overall regulatory, l:lCOnomic, .

I__;.*

. 20n, 2013; 22Q1;22a2. 2233, 2282); s,cs.

201*, as a.me#doo,:*202,.2ot, 200. 88 Stal 1242, ae am.ended; 1244,*1245,'1246 (42

  • U.S.C.*5841, 6842, 6845;5846).. *

SUMMARY

This document proposes to

!!dopt a new,airworthiness directive '

en viro *a1 d IUDent , an energy aspects o the propose<h-aje. All comments

  • , .CAD) that would apfly to Beech Aircraft submitted will be available, both before
  • f Sectiona-70.l(c).and 70.20a(b) also ierned.. Corporation (Beech Model 1900D and after the closing date for comments, I
  • under 86C8. 1,35, 141, Pub. i..97-425,-96 Stat airplane.s. The pl'9posed action would in the Rules Docket for examination by 2232, 2241 (42 U.S.C. .10155, 10161). Section require inspecting the cabin partition to interested persons. A*report that 70.7 also lll8ued under Pub. L.95-601, sec. ensure that a right-hand focyv-ard
  • summarizes each FAA-public contact 10, 92 Stat 2951 as amended by Pub. L. 102- partition bracket exists on certain concerned with the substance of this 486, ~ 2002, 106 Stat. 3J23 (42 U.S.C. airplanes, installing this bracket if it proposal will be filed in the Rules 5851). ~ o n 70.21(g) also Issued ~der sec. does not exist, and improving the right- Docket.

122, 68 Stat 939 (42 U.S.C. 2152). Section hand forward partition installation on Commenters wishing the FM to 70,31 also Issued under' sec. 57d, Pub. L. 93- all affected airplanes. Deficiencies acknowledge receipt of their comments 377, 88 Stat 476 (42 U.S.C. 2077). Sections found during 8 structural analysis of the submitted in response to this notice

.70.36 and 70.44 also i88Ued under sec. 184, . cabin partition prompted the proposed must submit a self-addressed, stamped

,68 Stal 954, WI amended (42 U.S.C. 2234).. action. The actions specified by the postcard on which the following Sactiqn ?,0.61_ also issued under secs. 186, proposed AD are intended to prevent statement is made: "Comments to

  • 187, 68 Stat 955 (42 U.S.C. 2236, 2237). cabin partition failure because of a Dock:e.t No. 94-CE-33-AD." The Section 70.62 also ,l8!Jlled undet sec. 108, 68 ural d fl
  • Web f * ~-card will b .d8 t --- _., d
  • Stat. 939 88 amended (42 U.S.C. 2138). struct . e Clancy, w
  • i not Pua* e e.o=Ptru an
  • . -. detected and corrected, could cause . returned to the commenter.*
  • 4. In §70.22, pamgraph (h)(t) is . p_assenger injury if the partition could Av~illty ofNPRMs revised to road as follows: *
  • not w.ithstand the load incurred with * ** *

. . the baggage comj:lartment loaded to,its

  • Ariy person may obtain a copy of this f ~ Comel!t8 of appltcaUona. 250'pound limit. . . NPRM by subµtltting a request to the
    • * * *'. . *
  • DATES: Comments must be received on _FAA, Central Region, Office of the

. *

  • Assistant' Chief Counsel. *Attention:

(h)(l)_Each a_ppllgrtion f~r a licellBe to or before June 19* 1995 * * .. Rules.Docket No. 94-CE-33-AD, Room possess or use at-any site or contiguous ADDRESSES: Submit comments in *-: 1558, 60fE: 12th Street, Karuias City, sites subject to licensee control, a trlplicate to the Federal Aviation* Missouri 64106 . .

formula quantity of strategic special Admimsttatlon (FAA). Central Region, nuclear material as defined in § 70.4 Office* of the Assistant Chief Counsel, Discussion other than*a licenoo for possessi0,n or Attention: Rule11 Docket No. 94-CE The FAA h'as received a report from use of this material.in the operation of a nuclear reactor licensed pursuant to AD, Room 1558, 60, E. 12th Street, *. the Beech Aii,;:raft Corporation (Beech)

Kansas City, Missouri 641 06, Conuµents of a structural deficiency on Model part 50 of this ch~pter, must include a may be inspected at this location * *1900D airpla,nes. Beech reports that physical security plan. '.fhe p1an must . between 8 a.m. and .4 p.nr., Monday.

  • certain Model 1900D airplanes may be descnoo how the applican,t will meet through Frl~y. holidays ~ep~ed. *missing a bracket on.the right~hand the appll~ltl1t.requirenients of P!ll1 73"'of * 'Service iriformaUon that appli9s to ihe-. forward cabin partition, and that, even tWs. chapter fu the ~condru::t of~e *.. 0 *
  • Pl'9P~ ~ may.be ~b~ed from ~e with this bracket installed, the airplane

.. activity _to ,be licensed, inc}uding the Beech Aircraft f:orpo~atlon, P.O. Box 85, model design may not be capable of *

- id~tificatlon*and*descriptlon of jobs as ~ichita, _Kansas 672 ~l--008 5. !hls withstanding the load incurred with the requ.lioo by 10 CFR 11.1.l(a). The plan information also may.be ~ e d at baggage compartment-loaded to its 250-must list tests, inspections, audits, and the Rules ~ e t at the atldress ~ove. , pound limit. This condition, if not other m88DS to be used to ciemonstrate FOR FURTHER INFORMA,;ndN CONTACT: Mr. detected and corrected, could result in compliance wiTh the requlrenien~ orio Steve.Potter, Aeros~ce ~eer; passe_nger injury if this load-is incurred CFR parts 11 and 73, ihppllca.bl~ Wichi~ Aircraft Certificati°:1 Offi~,. - with the airplane occupied. . ., . .

  • * * . * * .. * * .
  • FAA, 1801 Airport Road, Mid-Continent Beech has issued Service Bulletin Dated ~8 t. .NJt..1ville, n--'--'" . Un=} .d th'~ 6th .,_
  • Airport, Wichita, Kansas 67209; (SB) No 2556 Revision 1 dated of April, 1995. *..- . , an * "" * ,Utty te lep h one " (316) 94"..,...,.A124* r... im'l

. , .wcs 1e February* 1995,' which

  • refer~nces

' Kit*

  • . * . (316) 946-4407. Drawing No. 129-5007 and Kit No. 129-

. For the Nucl6!1X' ~egulatory Commission. SUPPLEMENTARY INFORMATION: 5007-1 S. Kit Drawing No. 129-5007 James M. Tay~, ,.. specifies the design location of the Executfye Director for Operations. . Comments Invited bracket that may be missing, and Kit No.

(FR J;)Qc; 9&-9369 Filed 4-:14-05; 8:45 am) *. futerested persons are invited to'* 129-5007-1 S includes parts and BIWHO CODE 7H0-41-P participate in the making of the instructions necessary-to improve the