Physical Security Plan Format Changes

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 70

RIN 3150-AF27

Physical Security Plan Format Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (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 allow for a quicker and

more efficient review of the physical security plans.

DATES: The comment period expires May 17, 1995. 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

comments received on or before this date.

ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear

Regulatory Commission, Washington, DC 20555, Attention: Docketing and

Service Branch. Deliver comments to One White Flint North, 11555

Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm,

Federal workdays.

Copies of the comments received may be examined at the NRC Public

Document Room, 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 Commission,

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 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.

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 may 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.

The benefit of this rulemaking would be 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. 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 determined 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 information 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

Management and Budget, approval numbers 3150-0009 and 0011.

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 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 Commission 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 small entities as defined by the NRC's size standards

(December 9, 1985; 50 FR 50241), the Commission 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 required because this amendment does not involve any provisions

which would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects

10 CFR Part 50

Antitrust, Classified information, Criminal penalties, Fire

protection, Intergovernmental relations, Nuclear power plants and

reactors, Radiation protection, Reactor siting criteria, Reporting and

recordkeeping requirements.

10 CFR 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.

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 amendments to 10 CFR parts 50 and 70.

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,

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 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). 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 Sec. 50.34, paragraph (c) is revised to read as follows:

Sec. 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 Sec. 11.11(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 (42 U.S.C.

2071, 2073, 2201, 2232, 2233, 2282); 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 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (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 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 Sec. 70.22, paragraph (h)(1) is revised to read as follows:

Sec. 70.22 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 Sec. 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 11.11(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.

* * * * *

Dated at Rockville, Maryland, this 5th day of April, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95-9369 Filed 4-14-95; 8:45 am]

BILLING CODE 7590-01-P