[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46497-46498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22187]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 173 / Thursday, September 7, 1995 / 
Rules and Regulations  


[[Page 46497]]


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: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is 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 relieves nuclear power plant licensees of the requirement to 
separately control access to reactor containments during these periods. 
Deletion of this requirement decreases the regulatory burden for the 
licensees without degradation of physical security.

EFFECTIVE DATE: October 10, 1995.

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 re-examined the NRC's nuclear power plant 
security requirements associated with an internal threat contained in 
10 CFR Part 73, ``Physical Protection of Plants and Materials.'' In a 
report to the Commission dated August 4, 1992 (SECY-92-272), the NRC 
staff identified requirements that were redundant, out of date, or 
marginal to safety. Following public meetings held to discuss these 
requirements, the NRC staff submitted a subsequent report to the 
Commission dated December 12, 1993 (SECY-93-326), with recommended 
changes to Sec. 73.55. One of the recommended changes was the deletion 
of Sec. 73.55(d)(8), which contained a requirement for separate access 
control to reactor containments, which is unneeded, and a requirement 
for locks and alarms, which is contained elsewhere in 10 CFR Part 73. 
The Commission has decided to remove this paragraph to provide burden 
relief to licensees without compromising the physical protection of 
licensed activities against radiological sabotage. The other 
recommendations contained in SECY-93-326 will be addressed in another 
NRC rulemaking action.

Proposed Rule and Public Comments

    On May 10, 1995 (60 FR 24803), the NRC published, with a public 
comment period of 30 days, a proposed rule that would delete 
Sec. 73.55(d)(8). Twenty-two comments were received: 20 from utilities, 
1 from an industry group, and 1 from a labor union. All commenters 
supported the proposed rule. The commenters agreed that the proposed 
action would reduce the regulatory burden but would not degrade the 
physical security of nuclear power plants. The industry group further 
commented that significant savings could result from this rulemaking. 
One of the utilities commented that it would enable utilities to make 
more efficient use of their resources.
    One utility questioned whether the same relief would apply when 
access to containment is from an area provided with access controls and 
other security features but not formally designated as a vital area. 
The same relief would not generically apply to these situations because 
the level of control varies for each area. However, the NRC will 
consider each situation on a case-by-case basis.
    Another utility asked if its approved security plan, which already 
had requirements for access to containment directly from a protected 
area, was affected by this rulemaking. This rule affects access 
controls only from vital areas into containment. This rule does not 
affect access controls from protected areas into containment, thus, it 
does not affect any approved security plan for access to containment 
from a protected area. When access from a protected area into 
containment is necessary, existing access controls must remain in 
effect at the entrances to containment.

Final Rule

    Based on the public comments, the NRC staff considers that no 
change to the final rule is necessary. Thus, the final rule remains the 
same as the proposed rule.
    The final rule deletes paragraph (d)(8) of Sec. 73.55. This 
amendment relieves licensees of an unnecessary burden, without 
degrading physical security. Moreover, since security personnel are no 
longer required to be assigned to a radiation control area, there will 
be a decrease in occupational exposure. NRC notes that this change 
applies only to access control from vital areas into reactor 
containment for the purpose of physical security and does not relieve a 
licensee of requirements established for the purpose of radiological 
control and emergency planning.

Environmental Impact: Categorical Exclusion

    The Commission has determined that this 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 rule.

Paperwork Reduction Act Statement

    This final 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) relieves 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, two 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 2 major outages 
every 3 years, and a wage of approximately $30 per hour (loaded) for 
security personnel, 

[[Page 46498]]
the total savings per reactor per year will 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 
Sec. 73.55(d)(8) results in a decrease in occupational exposure because 
security personnel will no longer be required to be within the 
radiation controlled area directly adjacent to containment.
    Reactor containment or adjacent areas that provide access to 
containment are already vital areas. Thus, access of personnel into 
containment is already controlled. In addition, having security 
personnel control access of materials into containment provides no 
substantial benefit since material access into the protected area is 
already controlled and the containment is located within the protected 
area. Furthermore, 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.
    Based on the above discussion, the NRC concludes that eliminating 
Sec. 73.55(d)(8) provides relief to the licensees and lowers 
occupational exposure without compromising physical protection of 
licensed activities against radiological sabotage at 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 rule does not have a 
significant economic impact on a substantial number of small entities. 
This rule affects 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 size standards established by the NRC (10 CFR 
2.810).

Backfit Analysis

    The Commission has determined that the backfit rule, 10 CFR 50.109, 
does not apply to this final rule because this amendment does 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 adopting 
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:

    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; sec. 204, 88 Stat. 1242, as amended, 1245; sec. 1701, 106 
Stat. 2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f).

    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 21st day of August 1995.

    For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95-22187 Filed 9-6-95; 8:45 am]

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