[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14713-14715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1543]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-83]


Project on Government Oversight and Union of Concerned 
Scientists; Receipt of Petition for Rulemaking

AGENCY: U.S. Nuclear Regulatory Commission.

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ACTION: Petition for rulemaking; notice of receipt.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing for 
public comment a notice of receipt of a petition for rulemaking, dated 
February 23, 2007, which was filed with the Commission by David 
Lochbaum, on behalf of the Project On Government Oversight and the 
Union of Concerned Scientists. The petition was docketed by the NRC on 
March 5, 2007, and has been assigned Docket No. PRM-50-83. The 
petitioners request that the NRC amend its regulations to require 
periodic demonstrations by applicable local, State and Federal entities 
to ensure that nuclear power plants can be adequately protected against 
radiological sabotage greater than the design basis threat.

DATES: Submit comments by June 12, 2007. 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: You may submit comments by any one of the following methods. 
Please include PRM-50-83 in the subject line of your comments. Comments 
on petitions submitted in writing or in electronic form will be made 
available for public inspection. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected] If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail 
[email protected]. Comments can also be submitted via the Federal e-
Rulemaking Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. (Telephone 
(301) 415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this petition may be viewed 
electronically on the public computers located at the NRC's Public 
Document Room (PDR), Room 01 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor 
will copy documents for a fee. Selected documents, including comments, 
may be viewed and downloaded electronically via the NRC rulemaking Web 
site at http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by 
e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, 
Directives and Editing Branch, Division of Administrative Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Telephone: 301-415-7163 or Toll Free: 1-800-
368-5642.

SUPPLEMENTARY INFORMATION:

The Petitioners

    The petitioners are the Project On Government Oversight and the 
Union of Concerned Scientists. The petitioners state that the Project 
On Government Oversight, formerly the Project on Military Procurement, 
previously worked to reform military spending. After experiencing 
success, the petitioner expanded its mission to include the 
investigation of systemic waste, fraud and abuse in all Federal 
agencies, including the important topic of nuclear plant security.
    The petitioners state that the Union of Concerned Scientists is a 
nonprofit partnership of scientists and citizens that combines 
scientific analysis, policy development, and citizen advocacy to 
achieve practical environmental solutions. In 2002, the Union of 
Concerned Scientists had 61,300 members. The petitioners state that the 
Union of Concerned Scientists has been an active participant in the 
past in public meetings conducted by NRC regarding security 
regulations, and the petitioner continues to articulate potential 
problems and recommended solutions in various public arenas.

Background

    Current regulations at 10 CFR part 73 contain requirements for the 
physical protection of nuclear power plants and materials. On January 
29, 2007, the Commission approved the issuance of a final rule which 
revises Sec.  73.1 to establish a new design basis threat (DBT) level. 
The final DBT rule was published in the Federal Register on March 19, 
2007. (72 FR 12705)
    The petitioners observe that the final DBT rule reflects the 
Commission's determination of the most likely composite set of 
adversary features against which private security forces should 
reasonably have to defend. The petitioners believes that the DBT level 
set forth in the final rule is less what is determined to be the 
maximum level deemed credible by the national intelligence community, 
and that the potential exists for radiological sabotage at a level 
greater than the new DBT level. The petitioners therefore state that 
the defense of a nuclear power plant against a threat greater than the 
DBT would depend on the supplementation by local, State and Federal 
entities.

The Proposed Amendment

    The petitioners request that the NRC amend its regulations at 10 
CFR part 50 to require periodic demonstrations that nuclear power 
plants can be adequately protected against radiological sabotage above 
the DBT level. Current regulations in Appendix E to 10 CFR part 50 
require periodic demonstrations that plant owners and external 
authorities can successfully meet their responsibilities during nuclear 
power plant emergencies. The petitioners point out, however, that the 
Commission's regulations do not provide for periodic demonstration by 
applicable local, State and Federal entities to ensure that nuclear 
power plants are protected against radiological sabotage above the DBT 
level. The petitioners state that their requested amendment would 
provide reasonable assurance that external authorities could 
demonstrate that adequate protection is also available against 
radiological sabotage greater than the DBT level.
    The petitioners believe that in order for Americans to be 
adequately protected, nuclear power plants must be defended against 
both DBT and beyond-DBT attacks. Therefore, the petitioners request 
that 10 CFR part 50 be amended in a way similar to current Appendix E 
to require periodic exercises involving licensees and applicable local, 
State and Federal entities to demonstrate their capabilities to protect 
from radiological sabotage greater than the DBT level.

Conclusion

    The petitioners believe that the proposed amendment to 10 CFR part 
50

[[Page 14715]]

will complement current regulations by requiring periodic 
demonstrations by applicable local, State and Federal entities to 
ensure that nuclear power plants can be adequately protected against 
radiological sabotage greater than the DBT level. Accordingly, the 
petitioners request that the NCR amend its regulations related to 
emergency preparedness as described previously in the section titled, 
``The Proposed Amendment.''

    Dated at Rockville, Maryland, this 23rd day of March 2007.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 07-1543 Filed 3-28-07; 8:45 am]
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