[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18371]
[Federal Register: July 28, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 73
RIN 3150-AD30
Annual Physical Fitness Performance Testing for Tactical Response
Team Members, Armed Response Personnel, and Guards at Category I
Licensees
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations regarding annual physical fitness performance testing for
Tactical Response Team members, armed response personnel, and guards at
fuel cycle facilities possessing formula quantities of strategic
special nuclear material (Category I licensees). This action is
necessary to ensure that these personnel are able to perform their
assigned duties under conditions of strenuous tactical engagements.
Tactical Response Team members, armed response personnel, and guards at
these facilities will be required to participate in a continuing
physical fitness program and, according to new criteria, pass an annual
performance test. As an alternative to the fitness program and the
performance test, the licensee will be permitted to develop and submit
for NRC approval a content-based site specific test, to be administered
quarterly, and to justify that this test duplicates the response duties
that are expected of Tactical Response Team members, armed response
personnel, and guards in the event of a strenuous tactical engagement.
EFFECTIVE DATE: August 29, 1994.
FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 415-6231.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 1991 (56 FR 65024), the Commission published
proposed amendments to 10 CFR Part 73 that contained requirements
relative to the physical fitness programs and day firing qualifications
for security personnel at Category I fuel cycle facilities. Those
amendments would have required Tactical Response Team (TRT) members,
armed response personnel, and guards to participate in annual physical
fitness performance testing and in a continuing physical fitness
training program to ensure that these individuals achieve and maintain
the required fitness level.
During the resolution of the public comments for those proposed
amendments, the NRC concluded that an acceptable alternative to the
approach specified in the proposed rule would be for licensees to
develop and submit for NRC approval a site specific content-based
physical fitness performance test. To provide the public the
opportunity to comment on the modified requirements, the NRC published
yet another proposed rule on the physical fitness performance testing
requirements on October 6, 1993 (58 FR 52035).
Under the alternative included with the modified rule, the licensee
will administer the test quarterly and justify that the test duplicates
the response duties that a security force officer would perform during
strenuous tactical engagements. The NRC recognizes that, in the absence
of an ongoing physical fitness training program, the use of a content-
based performance test may present risks of potential injury to
security personnel. Each licensee should evaluate these risks of
potential injury to unfit employees when choosing between the
alternatives. The NRC will not object to the use of a content-based
test on the basis of perceived risk of employee injury. Such risk of
injury will be assumed by the licensee and/or the armed security
persons.
The comment period expired on December 20, 1993, with no public
comments being received. Therefore, the Commission is publishing the
requirements proposed on October 6, 1993 (58 FR 52035), as a final rule
without any modification.
Criminal Penalties
The Commission notes that these amendments are issued under
Sections 161 (b) and (i) of the Atomic Energy Act of 1954, as amended.
Therefore, violation of these regulations may subject a person to
criminal sanctions under Section 223 of the Atomic Energy Act.
Finding of no Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
Subpart A of 10 CFR Part 51, that this rule is not a major Federal
action significantly affecting the quality of the human environment,
and therefore, an environmental impact statement is not required. The
rule will not adversely affect either the safety of the operations
carried out by licensees possessing formula quantities of strategic
special nuclear material nor the routine release of, or exposure to,
radioactivity. These amendments will specify (1) annual performance
testing criteria and a minimum physical fitness training program or (2)
a quarterly administered site specific content-based physical fitness
performance test to assure that Tactical Response Team members, armed
response personnel, and guards can adequately perform their duties
under conditions of strenuous tactical engagement.
The environmental assessment and finding of no significant impact
on which this determination is based is available for inspection at the
NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington,
DC. Single copies of the environmental assessment and finding of no
significant impact are available from Mr. Harry Tovmassian, Office of
Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, telephone (301) 415-6231.
Paperwork Reduction Act Statement
This rule amends information collection requirements that are
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). These requirements were approved by the Office of Management and
Budget approval number 3150-0002.
The public reporting burden for this collection of information is
estimated to average 41 hours per licensee respondent, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Information and
Records Management Branch (T6 F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555; and to the Desk Officer, Office of Information
and Regulatory Affairs, NEOB-3019, (3150-0002), Office of Management
and Budget, Washington, DC 20503.
Regulatory Analysis
The Commission has prepared a regulatory analysis on this rule. The
analysis examines the costs and benefits of the alternatives considered
by the Commission and provides a decision rationale for the chosen
approach. The analysis is available for inspection in the NRC Public
Document Room, 2120 L Street, NW (Lower Level), Washington, DC. Single
copies of the regulatory analysis may be obtained from Ms. Carrie
Brown, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, telephone (301) 415-8092.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rulemaking will not have a
significant economic impact upon a substantial number of small
entities. The rule will affect two Category I licensees. The companies
that own these plants 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 in 13 CFR Part 121. Thus, this rule does
not fall within the purview of the act.
Backfit Analysis
The Commission has determined that the backfit rule, 10 CFR 50.109,
does not apply to this rule because these amendments do not impose
requirements on existing 10 CFR Part 50 licensees. Therefore, a backfit
analysis is not required for this rule.
List of Subjects in 10 CFR Part 73
Criminal penalties, Export, Hazardous materials transportation,
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 Commission is
adopting the following amendments to 10 CFR Part 73.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
1. The authority citation for 10 CFR 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, 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).
2. In Sec. 73.46 paragraphs (b)(4) and paragraph (i) are revised
and new paragraphs (b)(10), (b)(11), and (b)(12) are added to read as
follows:
Sec. 73.46 Fixed site physical protection systems, subsystems,
components, and procedures.
* * * * *
(b) * * *
(4) The licensee may not permit an individual to act as a Tactical
Response Team member, armed response person, guard, or other member of
the security organization unless the individual has been trained,
equipped, and qualified to perform each assigned security duty in
accordance with Appendix B of this part, ``General Criteria for
Security Personnel.'' In addition, Tactical Response Team members,
armed response personnel, and guards shall be trained, equipped, and
qualified for use of their assigned weapons in accordance with
paragraphs (b)(6) and (b)(7) of this section. Tactical Response Team
members, armed response personnel, and guards shall also be trained and
qualified in accordance with either paragraphs (b)(10) and (b)(11) or
paragraph (b)(12) of this section. Upon the request of an authorized
representative of the Commission, the licensee shall demonstrate the
ability of the physical security personnel, whether licensee or
contractor employees, to carry out their assigned duties and
responsibilities. Each Tactical Response Team member, armed response
person, and guard, whether a licensee or contractor employee, shall
requalify in accordance with Appendix B of this part. Tactical Response
Team members, armed response personnel, and guards shall also requalify
in accordance with paragraph (b)(7) of this section at least once every
12 months. The licensee shall document the results of the qualification
and requalification. The licensee shall retain the documentation of
each qualification and requalification as a record for 3 years after
each qualification and requalification.
* * * * *
(10) In addition to the medical examinations and physical fitness
requirements of paragraph I.C of Appendix B of this part, each Tactical
Response Team member, armed response person, and guard, except as
provided in paragraph (b)(10)(v) of this section, shall participate in
a physical fitness training program on a continuing basis.
(i) The elements of the physical fitness training program must
include, but not necessarily be limited to, the following:
(A) Training sessions of sufficient frequency, duration, and
intensity to be of aerobic benefit, e.g., normally a frequency of three
times per week, maintaining an intensity of approximately 75 percent of
maximum heart rate for 20 minutes;
(B) Activities that use large muscle groups, that can be maintained
continuously, and that are rhythmical and aerobic in nature, e.g.,
running, bicycling, rowing, swimming, or cross-country skiing; and
(C) Musculoskeletal training exercises that develop strength,
flexibility, and endurance in the major muscle groups, e.g., legs,
arms, and shoulders.
(ii) The licensee shall assess Tactical Response Team members,
armed response personnel, and guards for general fitness once every 4
months to determine the effectiveness of the continuing physical
fitness training program. Assessments must include a recent health
history, measures of cardiovascular fitness, percent of body fat,
flexibility, muscular strength, and endurance. Individual exercise
programs must be modified to be consistent with the needs of each
participating Tactical Response Team member, armed response person, and
guard and consistent with the environments in which they must be
prepared to perform their duties. Individuals who exceed 4 months
without being assessed for general fitness due to excused time off from
work must be assessed within 15 calendar days of returning to duty as a
Tactical Response Team member, armed response person, or guard.
(iii) Within 30 days prior to participation in the physical fitness
training program, the licensee shall give Tactical Response Team
members, armed response personnel, and guards a medical examination
including a determination and written certification by a licensed
physician that there are no medical contraindications, as disclosed by
the medical examination, to participation in the physical fitness
training program.
(iv) Licensees may temporarily waive an individual's participation
in the physical fitness training program on the advice of the
licensee's examining physician, during which time the individual may
not be assigned duties as a Tactical Response Team member.
(v) Guards whose duties are to staff the central or secondary alarm
station and those who control exit or entry portals are exempt from the
physical fitness training program specified in paragraph (b)(10) of
this section, provided that they are not assigned temporary response
guard duties.
(11) In addition to the physical fitness demonstration contained in
paragraph I.C of Appendix B of this part, Tactical Response Team
members, armed response personnel, and guards shall meet or exceed the
requirements in paragraphs (b)(11)(i) through (b)(11)(v) of this
section, except as provided in paragraph (b)(11)(vi) of this section,
initially and at least once every 12 months thereafter.
(i) For Tactical Response Team members the criteria are a 1-mile
run in 8 minutes and 30 seconds or less and a 40-yard dash starting
from a prone position in 8 seconds or less. For armed response
personnel and guards that are not members of the Tactical Response Team
the criteria are a one-half mile run in 4 minutes and 40 seconds or
less and a 40-yard dash starting from a prone position in 8.5 seconds
or less. The test may be taken in ordinary athletic attire under the
supervision of licensee designated personnel. The licensee shall retain
a record of each individual's performance for 3 years.
(ii) Incumbent Tactical Response Team members, armed response
personnel, and guards shall meet or exceed the qualification criteria
within 12 months of NRC approval of the licensee's revised Fixed Site
Physical Protection Plan. New employees hired after the approval date
shall meet or exceed the qualification criteria prior to assignment as
a Tactical Response Team member, armed response person, or guard.
(iii) Tactical Response Team members, armed response personnel, and
guards shall be given a medical examination including a determination
and written certification by a licensed physician that there are no
medical contraindications, as disclosed by the medical examination, to
participation in the physical fitness performance testing. The medical
examination must be given within 30 days prior to the first
administration of the physical fitness performance test, and on an
annual basis thereafter.
(iv) The licensee shall place Tactical Response Team members, armed
response persons, and guards, who do not meet or exceed the
qualification criteria, in a monitored remedial physical fitness
training program and relieve them of security duties until they
satisfactorily meet or exceed the qualification criteria.
(v) Licensees may temporarily waive the annual performance testing
for an individual on the advice of the licensee's examining physician,
during which time the individual may not be assigned duties as a
Tactical Response Team member.
(vi) Guards whose duties are to staff the central or secondary
alarm station and those who control exit or entry portals are exempt
from the annual performance testing specified in paragraph (b)(11) of
this section, provided that they are not assigned temporary response
guard duties.
(12) The licensee may elect to comply with the requirements of this
paragraph instead of the requirements of paragraphs (b)(10) and (b)(11)
of this section. In addition to the physical fitness qualifications of
paragraph I.C of Appendix B of this part, each licensee subject to the
requirements of this section shall develop and submit to the NRC for
approval site specific, content-based, physical fitness performance
tests which will--when administered to each Tactical Response Team
member, armed response person, or guard--duplicate the response duties
these individuals may need to perform during a strenuous tactical
engagement.
(i) The test must be administered to each Tactical Response Team
member, armed response person, and guard once every 3 months. The test
must specifically address the physical capabilities needed by armed
response personnel during a strenuous tactical engagement at the
licensed facility. Individuals who exceed 3 months without having been
administered the test due to excused time off from work must be tested
within 15 calendar days of returning to duty as a Tactical Response
Team member, armed response person, or guard.
(ii) Within 30 days before the first administration of the physical
fitness performance test, and on an annual basis thereafter, Tactical
Response Team members, armed response personnel, and guards shall be
given a medical examination including a determination and written
certification by a licensed physician that there are no medical
contraindications, as disclosed by the medical examination, to
participation in the physical fitness performance test.
(iii) Guards whose duties are to staff the central or secondary
alarm station and those who control exit or entry portals are exempt
from the performance test specified in paragraph (b)(12) of this
section, provided that they are not assigned temporary response guard
duties.
* * * * *
(i) Implementation schedule for revisions to physical protection
plans.
(1) By November 28, 1994, each licensee shall submit a revised
Fixed Site Physical Protection Plan to the NRC for approval. The
revised plan must describe how the licensee will comply with the
requirements of paragraphs (b)(10) and (b)(11) of this section or the
requirements of (b)(12) of this section. Revised plans must be mailed
to the Director, Division of Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
(2) Each licensee shall implement the approved plan pursuant to
paragraphs (b)(10) and (b)(11) of this section or (b)(12) of this
section within 1 year after NRC approval of the revised Fixed Site
Physical Protection Plan.
Dated at Rockville, Maryland, this 21st day of June 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-18371 Filed 7-27-94; 8:45 am]
BILLING CODE 7590-01-P
