[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Proposed Rules]
[Pages 24803-24805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11482]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / 
Proposed Rules  
[[Page 24803]]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

RIN 3150-AF36


Changes to Nuclear Power Plant Security Requirements Associated 
with Containment Access Control

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing amending 
its regulations to delete certain security requirements for controlling 
the access of personnel and materials into reactor containment during 
periods of high traffic such as refueling and major maintenance. This 
action would relieve nuclear power plant licensees of the requirement 
to separately control access to reactor containments during periods of 
high traffic, such as refueling and major maintenance outages. Deletion 
of this requirement would decrease the regulatory burden for the 
licensees without degradation of physical security. This action follows 
reconsideration by the NRC of nuclear power plant physical security 
requirements to identify those that are marginal to safety, redundant, 
or out-of-date.

DATES: Submit comments by June 9, 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: Comments may be sent to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Attn: Docketing and Service Branch. 
Hand deliver comments to 11545 Rockville Pike, Maryland, between 7:45 
a.m. and 4:15 p.m. on Federal workdays.
    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or directly via Internet. 
Background documents on this rulemaking are also available for 
downloading and viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number (800) 303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS, (703) 321-3339, or by using 
Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take you to the NRC Online main menu. 
The NRC Online area also can be accessed directly by typing ``/go nrc'' 
at a FedWorld command line. If you access NRC from FedWorld's main 
menu, you may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC Online Main Menu. However, if you access 
NRC at FedWorld by using NRC's toll-free number, you will have full 
access to all NRC systems, but you will not have access to the main 
FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules Menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555, 
telephone (301) 415-5780; e-mail AXD[email protected].
    Single copies of this proposed rulemaking may be obtained by 
written request or telefax ((301) 415-2260) from: Distribution 
Services, Printing and Mail Services Branch, Office of Administration, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001. Certain 
documents related to this rulemaking, including comments received, may 
be examined at the NRC Public Document Room, 2120 L Street NW. (Lower 
Level), Washington, DC. These same documents may also be viewed and 
downloaded electronically via the Electronic Bulletin Board established 
by NRC for this rulemaking as indicated above.

FOR FURTHER INFORMATION CONTACT: Dr. Sandra Frattali, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-6261, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 1991, the Commission staff re-examined the NRC's nuclear power 
plant security requirements contained in 10 CFR part 73, ``Physical 
Protection of Plants and Materials,'' associated with an internal 
threat. Requirements were identified that were redundant, out-of-date, 
or marginal-to-safety (SECY-92-272). Following public meetings held to 
discuss these requirements, the NRC staff recommended changes to 
Sec. 73.55 (SECY-93-326). One of the recommended changes was the 
deletion of Sec. 73.55(d)(8), which contains a requirement for separate 
access control to reactor containments, which is unneeded, and a 
requirement for locks and alarms, which is contained 
[[Page 24804]] elsewhere in part 73. If this paragraph were removed it 
would provide burden relief to the licensees without compromising the 
physical protection of the health and safety of the public against 
radiological sabotage. The NRC is proposing this rulemaking in response 
to the above recommendation. The other recommendations will be 
addressed in other NRC actions.

Discussion

    Paragraph (d)(8) in Sec. 73.55 requires physical protection for 
access into reactor containment. The paragraph contains two 
requirements, one is a requirement for locks and alarms. The second 
requires control, by a guard or watchman, of access of personnel and 
material into containment during periods of high traffic such as 
refueling and major maintenance outages.
    When paragraph (d)(8) was promulgated there were no specific access 
authorization regulations, thus no additional protection for reactor 
containment against the insider threat. Subsequent rulemakings have 
been promulgated directed at protecting against the insider threat, 
namely Sec. 73.56, ``Personnel access authorization requirements for 
nuclear power plants,'' and Sec. 73.57, ``Requirements for criminal 
history checks of individuals granted unescorted access to a nuclear 
power facility or access to Safeguards Information by power reactor 
licensees.'' Reactor containment or adjacent areas that provide access 
to containment are already vital areas. Thus, access of personnel into 
containment during periods of high traffic, such as refueling and major 
maintenance outages, is already controlled. In addition having security 
personnel control access of materials into containment during periods 
of high traffic provides no substantial benefit since material access 
into the protected area is already controlled and the containment is 
located within the protected area. Moreover, even certain 
``authorized'' materials could be misused once in containment. The 
requirement that access be controlled by a guard or watchman provides 
little security since the purpose is to control access, which has 
already been provided, and not prevent a forced entry. After reactor 
containment is secured following periods of heavy traffic, existing NRC 
requirements for walkdown inspections and security searches apply and 
assure the security of the containment. Hence, the requirement that 
access into the reactor containment itself be separately controlled 
provides little or no additional security.
    In addition, because a reactor containment is a vital area, it is 
subject to the vital area requirements for locks and alarms contained 
in other sections of Sec. 73.55, as well as all other policies and 
procedures related to vital areas and equipment. Thus, the requirement 
for locks and alarms in paragraph (d)(8) is redundant.
    For these reasons, the NRC believes that deletion of 
Sec. 73.55(d)(8) would relieve licensees of an unnecessary burden, 
without degradation of physical security. Moreover, since security 
personnel would no longer be required to be assigned to a radiation 
control area, there would be a decrease in occupational exposure. It 
should be noted that this change would apply only to access from vital 
areas into reactor containment (which continues to remain a vital area) 
and does not relieve the licensee of requirements to provide 
radiological controls or of other requirements for personnel 
accountability.

Environmental Impact: Categorical Exclusion

    The Commission 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 proposed 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 number 3150-0002.

Regulatory Analysis

    Elimination of Sec. 73.55(d)(8) would relieve licensees of the 
requirement to station security personnel at entrances to containment 
during periods of high traffic. The potential savings to the licensees 
from the elimination of this requirement are substantial. Assuming, on 
the average, 2 security personnel are needed to control access to 
containment during the time the reactor is open, and assuming that the 
containment is open 50 days per major outage, with two major outages 
every 3 years, and a wage of approximately $30 per hour (loaded) for 
security personnel, the total savings per reactor per year would be:
    2 guards/reactor  x  50 days/outage  x  2/3 outages/year  x  $30/
hr-guard  x  24 hrs/day = $48,000/year-reactor.
    With 110 operating nuclear power reactors, the total savings for 
the industry are potentially $5,280,000/year. Moreover, deletion of 
paragraph (d)(8) would result in a decrease in occupational exposure 
because security personnel would no longer be required to be within the 
radiation controlled area directly adjacent to containment.
    Based on the above discussion, the NRC concludes that eliminating 
Sec. 73.55(d)(8) would provide relief to the licensees, and lower 
occupational exposure, without compromising physical protection of the 
public health and safety against radiological sabotage at licensed 
nuclear power reactors.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule would affect only licensees 
authorized to operate nuclear power reactors. These licensees 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 Act, 
13 CFR part 121.

Backfit Analysis

    The Commission has determined that the backfit rule, 10 CFR 50.109, 
does not apply to this proposed rule because this amendment would not 
impose new requirements on existing 10 CFR part 50 licensees. It is 
voluntary and should the licensee decide to implement this amendment, 
it is a reduction in burden to the licensee. Therefore, a backfit 
analysis has not been prepared for this amendment.

List of Subjects in 10 CFR Part 73

    Criminal penalties, Hazardous materials transportation, Export, 
Import, 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 NRC is proposing 
to adopt the following amendments to 10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    1. The authority citation for part 73 continues to read as follows:

    [[Page 24805]] 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).


Sec. 73.55  [Amended]

    2. In Sec. 73.55, paragraph (d)(8) is removed and paragraph (d)(9) 
is redesignated as (d)(8).

    Dated at Rockville, Maryland, this 2nd day of May, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-11482 Filed 5-9-95; 8:45 am]
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