[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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or out-of-date.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 AXD3@nrc.gov.
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 sdf@nrc.gov.
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]
BILLING CODE 7590-01-P
