[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18371]


[Federal Register: July 28, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

RIN 3150-AD30


Annual Physical Fitness Performance Testing for Tactical Response 
Team Members, Armed Response Personnel, and Guards at Category I 
Licensees

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations regarding annual physical fitness performance testing for 
Tactical Response Team members, armed response personnel, and guards at 
fuel cycle facilities possessing formula quantities of strategic 
special nuclear material (Category I licensees). This action is 
necessary to ensure that these personnel are able to perform their 
assigned duties under conditions of strenuous tactical engagements. 
Tactical Response Team members, armed response personnel, and guards at 
these facilities will be required to participate in a continuing 
physical fitness program and, according to new criteria, pass an annual 
performance test. As an alternative to the fitness program and the 
performance test, the licensee will be permitted to develop and submit 
for NRC approval a content-based site specific test, to be administered 
quarterly, and to justify that this test duplicates the response duties 
that are expected of Tactical Response Team members, armed response 
personnel, and guards in the event of a strenuous tactical engagement.

EFFECTIVE DATE: August 29, 1994.

FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-6231.

SUPPLEMENTARY INFORMATION:

Background

    On December 13, 1991 (56 FR 65024), the Commission published 
proposed amendments to 10 CFR Part 73 that contained requirements 
relative to the physical fitness programs and day firing qualifications 
for security personnel at Category I fuel cycle facilities. Those 
amendments would have required Tactical Response Team (TRT) members, 
armed response personnel, and guards to participate in annual physical 
fitness performance testing and in a continuing physical fitness 
training program to ensure that these individuals achieve and maintain 
the required fitness level.
    During the resolution of the public comments for those proposed 
amendments, the NRC concluded that an acceptable alternative to the 
approach specified in the proposed rule would be for licensees to 
develop and submit for NRC approval a site specific content-based 
physical fitness performance test. To provide the public the 
opportunity to comment on the modified requirements, the NRC published 
yet another proposed rule on the physical fitness performance testing 
requirements on October 6, 1993 (58 FR 52035).
    Under the alternative included with the modified rule, the licensee 
will administer the test quarterly and justify that the test duplicates 
the response duties that a security force officer would perform during 
strenuous tactical engagements. The NRC recognizes that, in the absence 
of an ongoing physical fitness training program, the use of a content-
based performance test may present risks of potential injury to 
security personnel. Each licensee should evaluate these risks of 
potential injury to unfit employees when choosing between the 
alternatives. The NRC will not object to the use of a content-based 
test on the basis of perceived risk of employee injury. Such risk of 
injury will be assumed by the licensee and/or the armed security 
persons.
    The comment period expired on December 20, 1993, with no public 
comments being received. Therefore, the Commission is publishing the 
requirements proposed on October 6, 1993 (58 FR 52035), as a final rule 
without any modification.

Criminal Penalties

    The Commission notes that these amendments are issued under 
Sections 161 (b) and (i) of the Atomic Energy Act of 1954, as amended. 
Therefore, violation of these regulations may subject a person to 
criminal sanctions under Section 223 of the Atomic Energy Act.

Finding of no Significant Environmental Impact: Availability

    The Commission has determined under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
Subpart A of 10 CFR Part 51, that this rule is not a major Federal 
action significantly affecting the quality of the human environment, 
and therefore, an environmental impact statement is not required. The 
rule will not adversely affect either the safety of the operations 
carried out by licensees possessing formula quantities of strategic 
special nuclear material nor the routine release of, or exposure to, 
radioactivity. These amendments will specify (1) annual performance 
testing criteria and a minimum physical fitness training program or (2) 
a quarterly administered site specific content-based physical fitness 
performance test to assure that Tactical Response Team members, armed 
response personnel, and guards can adequately perform their duties 
under conditions of strenuous tactical engagement.
    The environmental assessment and finding of no significant impact 
on which this determination is based is available for inspection at the 
NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, 
DC. Single copies of the environmental assessment and finding of no 
significant impact are available from Mr. Harry Tovmassian, Office of 
Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-6231.

Paperwork Reduction Act Statement

    This rule amends information collection requirements that are 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). These requirements were approved by the Office of Management and 
Budget approval number 3150-0002.
    The public reporting burden for this collection of information is 
estimated to average 41 hours per licensee respondent, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to the Information and 
Records Management Branch (T6 F33), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; and to the Desk Officer, Office of Information 
and Regulatory Affairs, NEOB-3019, (3150-0002), Office of Management 
and Budget, Washington, DC 20503.

Regulatory Analysis

    The Commission has prepared a regulatory analysis on this rule. The 
analysis examines the costs and benefits of the alternatives considered 
by the Commission and provides a decision rationale for the chosen 
approach. The analysis is available for inspection in the NRC Public 
Document Room, 2120 L Street, NW (Lower Level), Washington, DC. Single 
copies of the regulatory analysis may be obtained from Ms. Carrie 
Brown, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone (301) 415-8092.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rulemaking will not have a 
significant economic impact upon a substantial number of small 
entities. The rule will affect two Category I licensees. The companies 
that own these plants do not fall within the scope of the definition of 
``small entities'' set forth in the Regulatory Flexibility Act or the 
Small Business Size Standards set out in regulations issued by the 
Small Business Administration in 13 CFR Part 121. Thus, this rule does 
not fall within the purview of the act.

Backfit Analysis

    The Commission has determined that the backfit rule, 10 CFR 50.109, 
does not apply to this rule because these amendments do not impose 
requirements on existing 10 CFR Part 50 licensees. Therefore, a backfit 
analysis is not required for this rule.

List of Subjects in 10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Security measures.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the Commission is 
adopting the following amendments to 10 CFR Part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    1. The authority citation for 10 CFR Part 73 continues to read as 
follows:

    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 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also 
issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
Stat. 876 (42 U.S.C. 2169).

    2. In Sec. 73.46 paragraphs (b)(4) and paragraph (i) are revised 
and new paragraphs (b)(10), (b)(11), and (b)(12) are added to read as 
follows:


Sec. 73.46  Fixed site physical protection systems, subsystems, 
components, and procedures.

* * * * *
    (b) * * *
    (4) The licensee may not permit an individual to act as a Tactical 
Response Team member, armed response person, guard, or other member of 
the security organization unless the individual has been trained, 
equipped, and qualified to perform each assigned security duty in 
accordance with Appendix B of this part, ``General Criteria for 
Security Personnel.'' In addition, Tactical Response Team members, 
armed response personnel, and guards shall be trained, equipped, and 
qualified for use of their assigned weapons in accordance with 
paragraphs (b)(6) and (b)(7) of this section. Tactical Response Team 
members, armed response personnel, and guards shall also be trained and 
qualified in accordance with either paragraphs (b)(10) and (b)(11) or 
paragraph (b)(12) of this section. Upon the request of an authorized 
representative of the Commission, the licensee shall demonstrate the 
ability of the physical security personnel, whether licensee or 
contractor employees, to carry out their assigned duties and 
responsibilities. Each Tactical Response Team member, armed response 
person, and guard, whether a licensee or contractor employee, shall 
requalify in accordance with Appendix B of this part. Tactical Response 
Team members, armed response personnel, and guards shall also requalify 
in accordance with paragraph (b)(7) of this section at least once every 
12 months. The licensee shall document the results of the qualification 
and requalification. The licensee shall retain the documentation of 
each qualification and requalification as a record for 3 years after 
each qualification and requalification.
* * * * *
    (10) In addition to the medical examinations and physical fitness 
requirements of paragraph I.C of Appendix B of this part, each Tactical 
Response Team member, armed response person, and guard, except as 
provided in paragraph (b)(10)(v) of this section, shall participate in 
a physical fitness training program on a continuing basis.
    (i) The elements of the physical fitness training program must 
include, but not necessarily be limited to, the following:
    (A) Training sessions of sufficient frequency, duration, and 
intensity to be of aerobic benefit, e.g., normally a frequency of three 
times per week, maintaining an intensity of approximately 75 percent of 
maximum heart rate for 20 minutes;
    (B) Activities that use large muscle groups, that can be maintained 
continuously, and that are rhythmical and aerobic in nature, e.g., 
running, bicycling, rowing, swimming, or cross-country skiing; and
    (C) Musculoskeletal training exercises that develop strength, 
flexibility, and endurance in the major muscle groups, e.g., legs, 
arms, and shoulders.
    (ii) The licensee shall assess Tactical Response Team members, 
armed response personnel, and guards for general fitness once every 4 
months to determine the effectiveness of the continuing physical 
fitness training program. Assessments must include a recent health 
history, measures of cardiovascular fitness, percent of body fat, 
flexibility, muscular strength, and endurance. Individual exercise 
programs must be modified to be consistent with the needs of each 
participating Tactical Response Team member, armed response person, and 
guard and consistent with the environments in which they must be 
prepared to perform their duties. Individuals who exceed 4 months 
without being assessed for general fitness due to excused time off from 
work must be assessed within 15 calendar days of returning to duty as a 
Tactical Response Team member, armed response person, or guard.
    (iii) Within 30 days prior to participation in the physical fitness 
training program, the licensee shall give Tactical Response Team 
members, armed response personnel, and guards a medical examination 
including a determination and written certification by a licensed 
physician that there are no medical contraindications, as disclosed by 
the medical examination, to participation in the physical fitness 
training program.
    (iv) Licensees may temporarily waive an individual's participation 
in the physical fitness training program on the advice of the 
licensee's examining physician, during which time the individual may 
not be assigned duties as a Tactical Response Team member.
    (v) Guards whose duties are to staff the central or secondary alarm 
station and those who control exit or entry portals are exempt from the 
physical fitness training program specified in paragraph (b)(10) of 
this section, provided that they are not assigned temporary response 
guard duties.
    (11) In addition to the physical fitness demonstration contained in 
paragraph I.C of Appendix B of this part, Tactical Response Team 
members, armed response personnel, and guards shall meet or exceed the 
requirements in paragraphs (b)(11)(i) through (b)(11)(v) of this 
section, except as provided in paragraph (b)(11)(vi) of this section, 
initially and at least once every 12 months thereafter.
    (i) For Tactical Response Team members the criteria are a 1-mile 
run in 8 minutes and 30 seconds or less and a 40-yard dash starting 
from a prone position in 8 seconds or less. For armed response 
personnel and guards that are not members of the Tactical Response Team 
the criteria are a one-half mile run in 4 minutes and 40 seconds or 
less and a 40-yard dash starting from a prone position in 8.5 seconds 
or less. The test may be taken in ordinary athletic attire under the 
supervision of licensee designated personnel. The licensee shall retain 
a record of each individual's performance for 3 years.
    (ii) Incumbent Tactical Response Team members, armed response 
personnel, and guards shall meet or exceed the qualification criteria 
within 12 months of NRC approval of the licensee's revised Fixed Site 
Physical Protection Plan. New employees hired after the approval date 
shall meet or exceed the qualification criteria prior to assignment as 
a Tactical Response Team member, armed response person, or guard.
    (iii) Tactical Response Team members, armed response personnel, and 
guards shall be given a medical examination including a determination 
and written certification by a licensed physician that there are no 
medical contraindications, as disclosed by the medical examination, to 
participation in the physical fitness performance testing. The medical 
examination must be given within 30 days prior to the first 
administration of the physical fitness performance test, and on an 
annual basis thereafter.
    (iv) The licensee shall place Tactical Response Team members, armed 
response persons, and guards, who do not meet or exceed the 
qualification criteria, in a monitored remedial physical fitness 
training program and relieve them of security duties until they 
satisfactorily meet or exceed the qualification criteria.
    (v) Licensees may temporarily waive the annual performance testing 
for an individual on the advice of the licensee's examining physician, 
during which time the individual may not be assigned duties as a 
Tactical Response Team member.
    (vi) Guards whose duties are to staff the central or secondary 
alarm station and those who control exit or entry portals are exempt 
from the annual performance testing specified in paragraph (b)(11) of 
this section, provided that they are not assigned temporary response 
guard duties.
    (12) The licensee may elect to comply with the requirements of this 
paragraph instead of the requirements of paragraphs (b)(10) and (b)(11) 
of this section. In addition to the physical fitness qualifications of 
paragraph I.C of Appendix B of this part, each licensee subject to the 
requirements of this section shall develop and submit to the NRC for 
approval site specific, content-based, physical fitness performance 
tests which will--when administered to each Tactical Response Team 
member, armed response person, or guard--duplicate the response duties 
these individuals may need to perform during a strenuous tactical 
engagement.
    (i) The test must be administered to each Tactical Response Team 
member, armed response person, and guard once every 3 months. The test 
must specifically address the physical capabilities needed by armed 
response personnel during a strenuous tactical engagement at the 
licensed facility. Individuals who exceed 3 months without having been 
administered the test due to excused time off from work must be tested 
within 15 calendar days of returning to duty as a Tactical Response 
Team member, armed response person, or guard.
    (ii) Within 30 days before the first administration of the physical 
fitness performance test, and on an annual basis thereafter, Tactical 
Response Team members, armed response personnel, and guards shall be 
given a medical examination including a determination and written 
certification by a licensed physician that there are no medical 
contraindications, as disclosed by the medical examination, to 
participation in the physical fitness performance test.
    (iii) Guards whose duties are to staff the central or secondary 
alarm station and those who control exit or entry portals are exempt 
from the performance test specified in paragraph (b)(12) of this 
section, provided that they are not assigned temporary response guard 
duties.
* * * * *
    (i) Implementation schedule for revisions to physical protection 
plans.
    (1) By November 28, 1994, each licensee shall submit a revised 
Fixed Site Physical Protection Plan to the NRC for approval. The 
revised plan must describe how the licensee will comply with the 
requirements of paragraphs (b)(10) and (b)(11) of this section or the 
requirements of (b)(12) of this section. Revised plans must be mailed 
to the Director, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555.
    (2) Each licensee shall implement the approved plan pursuant to 
paragraphs (b)(10) and (b)(11) of this section or (b)(12) of this 
section within 1 year after NRC approval of the revised Fixed Site 
Physical Protection Plan.

    Dated at Rockville, Maryland, this 21st day of June 1994.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-18371 Filed 7-27-94; 8:45 am]
BILLING CODE 7590-01-P