[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Rules and Regulations]
[Pages 53505-53507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25542]



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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50, 70, and 72

RIN 3150-AF27


Physical Security Plan Format Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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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 is necessary 
to allow for a quicker and more efficient review of the physical 
security plans.

EFFECTIVE DATE: November 15, 1995.

FOR FURTHER 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 
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 changes 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.

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 

[[Page 53506]]
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.
    Response. The Generic Letter was published in the Federal Register 
on June 14, 1995 (60 FR 31326), with a 30-day comment period.
    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.

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 seq.). 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.

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 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.

10 CFR 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, 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 Part 73 
(and Part 11 of this chapter, 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, 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 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 

[[Page 53507]]
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.
* * * * *

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. 10162(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 (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 K and L are 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:


Sec. 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.

    Dated at Rockville, Maryland, this 3rd day of October, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-25542 Filed 10-13-95; 8:45 am]
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