[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
Federal Register
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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 sdf@nrc.gov.
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staff identified requirements that were redundant, out of date, or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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