ML23156A095

PR-004, 11, 25, 30, 31, 32, 34, 35, 40, 50, 60 ET - 52FR41442 - Retention Periods for Records

ML23156A095
Person / Time
Issue date:	10/28/1987
From:	NRC/SECY
To:
References
PR-004, PR-011, PR-025, PR-030, PR-031, PR-032, PR-034, PR-035, PR-040, PR-050, PR-060, 52FR41442
Download: ML23156A095 (1)

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{{#Wiki_filter:DOCUMENT DATE: TITLE: CASE

REFERENCE:

KEYWORD: ADAMS Template: SECY-067 10/28/1987 PR-004, 11,25,30,31,32,34,35,40,50,60 ET - 52FR41442 - RETENTION PERIODS FOR RECORDS PR-004, 11,25,30,31,32,34,35,40,50,60 ET 52FR41442 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE: PR-004,11,25,30,31,32,34,35,40,50,60 ET RULE NAME: RETENTION PERIODS FOR RECORDS PROPOSED RULE FED REG CITE: 52FR41442 PROPOSED RULE PUBLICATION DATE: 10/28/87 ORIGINAL DATE FOR COMMENTS: 12/28/87 NUMBER OF COMMENTS: 15 EXTENSION DATE: I I FINAL RULE FED. REG. CITE: 53FR19244 FINAL RULE PUBLICATION DATE: 05/27/88 OTES ON EDO SIGNED FINAL RULE ON 5/13/88. DATE RANGE: (10/14/87 - 1/11/88) ATUS OF RULE FILE LOCATED ON Pl. TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-004,11,25,30,31,32,34,35,40,50,60 ET RULE TITLE: RETENTION PERIODS FOR RECORDS PROPOSED RULE SECY PAPER: FINAL RULE SECY PAPER: PROPOSED RULE SRM DATE: FINAL RULE SRM DATE: DATE PROPOSED RULE I I SIGNED BY SECRETARY: 10/20/87 DATE FINAL RULE I I SIGNED BY SECRETARY: 05/13/88 STAFF CONTACTS ON THE RULE CONTACTl: BRENDA J. SHELTON CONTACT2: MAIL STOP: W-548 MAIL STOP: PHONE: 492-8132 PHONE:

DOCKET NO. PR-004,ll,25,30,31,32,34,35,40,50,60 ET (52FR41442) In the Matter of RETENTION PERIODS FOR RECORDS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 10/14/87 FEDERAL REGISTER NOTICE - PROPOSED RULE 12/01/87 12/09/87 12/18/87 12/04/87 COMMENT OF WRIGHT STATE UNIVERSITY (E. THEO AGARD) ( 12/10/87 COMMENT OF ADVANCED NUCLEAR FUELS CORPORATIONS (C.W. MALODY) (

2) 12/21/87 12/17/87 COMMENT OF NUCLEAR INFO & RECORDS MGMT ASSOC., INC.

(JERONIMO MEDEIROS) (

3) 12/23/87 12/23/87 COMMENT OF YANKEE ATOMIC ELECTRIC COMPANY (DONALD W. EDWARDS) (

4) 12/16/87 COMMENT OF DUKE POWER COMPANY (HAL B. TUCKER) (

5) 12/20/87 COMMENT OF MARVIN I. LEWIS (

6) 12/22/87 COMMENT OF FLORIDA POWER CORPORATION (E.C. SIMPSON) (

1)

7) 12/23/87 12/23/87 12/28/87 12/28/87 12/29/87 12/28/87 COMMENT OF GULF STATE UTILITIES (MARK J. WETTERHAHN) (

8) 12/22/87 COMMENT OF CONSUMERS POWER COMPANY (KENNETH W. BERRY) (

9) 12/29/87 12/28/87 COMMENT OF AP&L CO. AND SEVEN OTHER UTILITIES (NICHOLAS W. REYNOLDS) (

10) 12/31/87 12/29/87 COMMENT OF AIR TRANSPORT ASSOCIATION OF AMERICA (VERN W. BALLENGER) (

11) 01/04/88 12/30/87 COMMENT OF GPU NUCLEAR CORPORATION (J.R. THORPE) (

12) 01/04/88 12/31/87 COMMENT OF NEW YORK POWER AUTHORITY (JOHN C. BRONS) (

13) 01/05/88 12/30/87 COMMENT OF DETROIT EDISON (B. RALPH SYLVIA) (

14) 01/11/88 01/05/88 COMMENT OF WASHINGTON PUBLIC POWER SUPPLY SYSTEM (G.C. SORENSEN) (

15)

DOCKET NO. PR-004,ll,25,30,31,32,34,35,40,50,60 ET (52FR41442) DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 05/13/88 05/13/88 FEDERAL REGISTER NOTICE - FINAL RULE

• 1 DOCKET NUMBER PR L.J l PROPOSED RULE -

,rt - ~---- (SJ,,- r:- (2-L-/ I 'r/ t-i )J NUCLEAR REGULATORY COMMISSION 10 CFR Parts 4, 11, 25, 30, 31, 32, 34, 35, 60, 61, 70, 71, 73, 74, 75, 95, and 110 Retention Periods for Records AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. (7590-01]

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to establish a definite retention period for each record that an NRC applicant or licensee for a materials or facility license is required to maintain. This action is necessary to comply with the Office of Management and Budget require-ment that a specific retention period be identified for each record. The final rule also establishes a uniform standard acceptable to the NRC for the condition of a record throughout each spec~fied retention period. This action is expected to reduc~.. the b~~rall recordkeeping burden for NRC ~pplicants and licensees by ~~f1 uni form -nd specific retention periods for each recordkeepi ng requirement. EFFECTIVE DATE: (Insert 60 days after publication). FOR FURTHER INFORMATION CONTACT: Brenda J. Shelton, Acting Chief, Records and Reports Management Branch, Division of Information Support Services, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-492-8132. 1

[7590-01) SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission's (NRC) regulations requi*re that appli-cants and licensees retain a variety of records for various periods of time. Licensees must also retain certain plans and procedures for routine operation and emergency situations and file reports of certain occurrences and events. The NRC reviewed its recordkeeping requirements to determine how long the required records should be retained. This rule reflects the results of that review and of the public comments received on the proposed rule. The NRC did not include 10 CFR Part 20 in its review. The record retention requirements contained in Part 20 were examined and modified as part of the proposed revision to Part 20 that was published for public comment in the Federal Register on December 20, 1985 (50 FR 51992) and republished on January 9, 1986 (51 FR 1092). Codification of these amendments and amendments in certain published proposed rules combined with this final rule will establish uniform retention periods for all NRC recordkeeping requirements. NRC also intends to conform record retention requirements in future rules to the four uniform periods contained in this rule. Previously, NRC regulations sometimes specified that a record be retained fo,* a specific period of time. These periods varied widely from one or two years, to the 40-year life of a reactor license, or to the completion of de-commissioning for some licenses. In other instances, the regulation specified that a record be kept until the Commission authorized its disposition, and in others, that it be retained indefinitely. Some parts of NRC regulations spec-ified the condition of a record acceptable to the NRC throughout its required retention period; others did not. This rule amends regulations in nineteen parts of Title 10 to require that certain records in these parts be retained for specific periods. The rule also provides for all parts of Title 10, Chapter I, the condition of a record acceptable to the NRC throughout its retention. 2

(7590-01] This rule also establishes four specific retention periods to be used throughout 10 CFR Chapter I. With the exception of one six month retention period at 10 CFR 70.SS(h), uniform retention periods of three years, five years, ten years, or the life of the component, activity,.area, or facility are being codified to simplify the system for retaining NRC records. These particular four periods, although not ideal for every record retention requirement, seem to be the best choices for NRC record needs. Uniform periods were recommended to the NRC by the Nuclear Information and Records Management Association (NIRMA) based on the nuclear industry's input to NIRMA. Three of the uniform periods coincide with the retention periods for quality assurance (QA) records in Parts 50 and 71; the fourth coincides with the retention periods for records such as those covered by technical specifications. The NRC recognizes that technical specifications for each nuclear power plant include record retention requirements that may, in some cases, differ from those set out in this rule. The requirements in this rule take precedence over and supersede any conflicting requirements presently in the technical specifications. Therefore, the Office of Nuclear Reactor Regulation (NRR) intends to issue a generic letter that would provide guidance to licensees for revising their technical specifications to conform with this rule and would include model technical specifications to follow for achieving this conformance. During the course of reviewing 10 CFR 50.36, "Technical Specifications, the staff found that this section does not clearly reflect the difference in recordkeeping and reporting requirements for reactors licensed under different sections of the regulations. Specifically, commercial and industrial facili-ties are licensed under §50.21(b) or §50.22 and have detailed notification and reporting requirements delineated in §50.72 and §50.73, respectively. There-fore, specific cross references to §50.72 and §50.73 have been added to §50.36 where appropriate. Facilities licensed under §S0.21(a) for medical therapy uses and facilities licensed under §50.21(c) for research and development acti-vities do not have separate sections dealing with notification and reporting. The reporting requirements on the automatic safety system and for these types of reactors are contained within §50.36. Accordingly, language is being added to §50.36(c)(l)(ii)(A) to make it conform with §50.72(b)(2)(iii) and §S0.73(a)(2)(v). 3

(7590-01] An effort has been made to use consistent terminology with regard to paperwork throughout this multi-part rule. For example, the term 11 retain 11 conveys the idea of keeping secure or intact and the term "maintain" continuing to preserve and update, in this case, a record. Consistent terminology and specific recordkeeping requirements and retention periods should assist an NRC applicant or a licensee in complying with these requirements. The changes resulting from this rule should result in an overall reduction in the recordkeeping burden imposed on the NRC applicant or licensee. The major reduction in burden results from establishing 126 specific retention periods, primarily three years or the life of a license, for records that up to now were retained indefinitely. This major reduction, plus four other reductions of retention periods by two years, offsets the increase in retention periods for 54 records; 42 cases by one year, 10 cases by two years, l case by two and one half years, and l case by three years. Based on staff 1 s understanding of cur-rent industry practices, the increases in retention periods would either not impose any additional burden or could be readily accommodated within current equipment configurations and, therefore, would represent no appreciable increase in burden. A paragraph describing the form and condition of a record acceptable to the NRC for review is being codified in ten parts. This requirement is com-parable to similar provisions currently included"in other parts of the NRC regulations. Specifying clearly in NRC regulations what records to retain, how long to retain them, and the condition of a record required for NRC inspect~on is mutu-ally beneficial to the applicant or licensee and to the NRC. The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) added impetus to the NRC 1s interest in the regulatory burden imposed on an applicant or a licensee by the preparation and retention of records. Furthermore, OMB 1s regulations implement-ing the Paperwork Reduction Act require that record retention requirements imposed by Federal regulations contain specific retention periods. The NRC com-plies with the Act's requirement for Office of Management and Budget (0MB} review of the *information collection requirements in each rulemaking. In addition, two documents on paperwork are being prepared for publication in the NUREG-series: one document will be based on Regulatory Guide 10.1, which is a compilation 4

[7590-01] of reporting requirements for persons subject to NRC regulations, and the other document will summarize the record retention periods for the recordkeeping requirements contained in NRC regulations. These companion documents should be useful to an NRC applicant or a licensee. On October 28, 1987, the NRC published the proposed rule in the Federal Register (52 FR 41442). The comment period ended on December 28, 1987. Summary of Public Comments Comments were received from sixteen respondents comprised of eight power reactor licensees, three industry groups, two law firms, one university, one fuel fabrication plant operator, and one private citizen. Copies of the comment letters are available for public inspection and copying for a fee at the NRC Public Document Room at 1717 H Street NW., Washington, DC. Fifteen of the six-teen commenters generally agreed with the proposed amendments and one commenter disagreed. The individual who disagreed did not identify any specific records but stated that 11 reduction of many record retentions to three years would invite cheating, criminal activity, and the ignoring of rules set up to protect the public. 11 The Commission does not agree with this comment. The Commission has an extensive compliance monitoring and inspection program. While examination of licensee records is an important part of the program, it is not the only means by which NRC determines whether licensees are operating safely. Moreover, for those requirements covered by the three year minimum period, the Commission believes that records covering the previous three year period will be sufficient to assist the agency in judging compliance or noncompliance, to act on possible noncompliance, and to examine facts as necessary following any incident. In the situation alluded to by the commenter, large irradiators and large medical licensees possessing significant quantities of radioactive material are inspected annually, hence the three year minimum period is adequate. The remaining fifteen commenters agreed with the proposed changes with the following general comments: 5

[7590-01]

1.

Comment. Three commenters recommended that the Commission specify in the "Statement of Considerations" that a Technical Specification amendment made to conform to this rule is not required and that "pen and ink" changes are acceptable. Two commenters suggested that fees should not be required for these changes. Response. The Commission agrees that a Technical Specification amendment to conform to the administrative requirements of this rule is not required and that 11pen and ink" changes will suffice. However, should licensees desire to amend their Technical Specifications to conform to the administrative require-ments of this rule, the licensees would not be required to submit fees under 10 CFR Part 170.

2.

Comment. One commenter suggested that the general statement appearing in the Supplementary Information which states that requirements in this rule take precedence over and supersede any conflicting requirements in the Technical Specifications should be addressed in 10 CFR 50.36 and, as appropriate, referenced in other 10 CFR Parts. Response. The Commission believes that the information provided in the "Supplementary Information" is adequate. 10 CFR 50.7l(d)(2) currentry addresses the precedence issue for 10 CFR Part 50 licensees and applicants. Reference to §50.7l(d)(2) in other 10 CFR Parts is not necessary.

3.

Comment. Three commenters recommended that the maintenance of records in electronic media such as computerized records and optical disks be addressed. Response. The Commission does not object to the use of electronic media for the storage of records as long as legible, accurate, and complete records can be produced in hardcopy throughout the duration of the required retention period. Records such as letters, drawings, specifications, etc. must include all pertinent features such as stamps, initials, and signatures. Adequate safeguards against tampering with and loss of records must also be maintained. The rule has been changed to address the use of electronic media. 6

[7590-01]

4.

Comment. One commenter recommended that the records to be retained under 10 CFR Part 20 be addressed in this rule. Response. The Commission believes that the pending amendment to 10 CFR Part 20 is the most efficient and economical means for addressing the records contained in that part. The amendment to 10 CFR Part 20 will meet all of the record retention requirements established by this rule. This approach will ensure that the recordkeeping requirements are consistent with changes to the technical and administrative aspects to Part 20 that may result from the public comments and additional staff review of the requirements included in that part.

5.

Comment. One commenter recommended that the increased record reten-tion periods remain as they are currently specified in 10 CFR Chapter I and an-other specifically questioned the increased retention period for 53 records. Response. The Commission has modified many retention periods to stream-line and standardize its record retention requirements and to reduce the burden imposed by those requirements. There are instances in which an individual rec-ord retention period has been increased. However, we believe that, in general, the rule will result in an ultimate benefit to the majority of the applicants and licensees as well as to the NRC.

6.

Comment. One commenter stated that the proposed rule changes the current requirements of §74.31 from a performance-oriented rule to one contain-ing specific recordkeeping requirements. The commenter believes that the pro-posed changes *complicate the licensee's ability to devise its own recordkeeping system, compatible with its own operations, in accordance with a performance-oriented rule, and that the proposed changes are unnecessary and should be eliminated. Response. The Commission has reevaluated the proposed changes in light of this comment and has determined that the specific enumeration of records is not necessary. The current performance-oriented rule adequately provides for retention of records to demonstrate compliance with the Commission's require-ments. The proposed change to §74.31 has been deleted from the final rule. 7

(7590-01)

7.

Comment. Two commenters stated that the records retention period for the Safety Analysis Report is not obvious and needs to be addressed. Response. Section 50.71(e) requires licensees to periodically update their FSAR's. Implicit in this requirement is the retention of the updated FSAR by licensees for the duration of their licenses. The Commission believes that the retention period of an updated FSAR is inherent in its existing regulations. Nevertheless, 10 CFR 50.71(e)(6) has been added to the rule to specify that the updated Final Safety Analysis Report (FSAR) is to be retained by the licensees until the NRC terminates their licenses.

8.

Comment. One commenter stated that the rule does not make it clear that the retention periods specified are minimum requirements. Response. The Commission does not object to licensees/applicants retaining records beyond the retention period required by NRC regulations. The intent of re-tention periods for recordkeeping requirements is to establish the minimum reten-tion necessary for compliance with NRC regulations. Should licensees or appli-cants elect to retain records beyond the retention period required by the NRC, they have that option. Licensees should be aware, however, that NRC's recordkeep-ing requirements apply only to NRC requirements for the information. Other Federal~ State, or local agencies may have requirements that may apply now or in the future.

9.

Comment. One commenter stated that the recordkeeping requirement pur-suant to §S0.54(p)(2) has not been addressed and suggested that the retention be changed to three years. Response. The omission of the recordkeeping requirement contained at §50.54(p)(2) was an oversight and has been included in the final rule with a three year retention period.

10.

Comment. One commenter suggested that the minimum retention period be changed to three years or until the next inspection, whichever is longer," stating that three years is an insufficient retention period because some records would be destroyed before the next inspection. 8

(7590-01] Response. While some inspection frequencies are longer than three years, the Commission believes that records covering the previous three year period are sufficient to permit the NRC to judge compliance or noncompliance, to act on possible noncompliance, and to examine necessary facts following an incident. Licensees possessing materials which could pose a significant risk to public health and safety, such as irradiators or large medical facilities, are inspected annually. The three year period, while not ideal for all situations, is a reasonable period which generally satisfies NRC's record needs and conforms to 0MB guidelines by providing for the availability of records while not imposing any undue burden on the licensees.

11.

Comment. One commenter stated that increases in retention periods from two to three years are unnecessary. The commenter believes that present inspection cycles make two years an adequate retention period and suggested that the current two year retention periods for records contained in §§70.22(k), 71.9(a), and 110.53(b) be retained. Response. As explained in the proposed rule, the three year period was selected as one of four periods to provide a uniform system for retention of all NRC required records. While it is not ideal for all situations, it is a reasonable period which generally satisfies NRC's record needs and conforms to 0MB guidelines while not imposing any undue burden on licensees. The Commission believes that any added burden on licensees by an increase, such as from two to three years, is slight and is balanced by the benefit of a uniform system for overall records retention.

12.

Comment. One commenter stated that the requirements in §71.135(a) to keep QA records for three years beyond the date the licensee last engages in the activity for which the QA procedures were developed and to keep superseded portions of written procedures for three years are unnecessary and should be deleted. The commenter believes that it is sufficient to retain the QA records only for the life of the package to which they apply. Response. The Commission disagrees with this comment. Quality assurance records, such as design, fabrication, or predetermination tests, must be re-tained beyond the end of the service life of the package so that they will be 9

[7590-01) available for examination by the Commission in any analysis following an accident, incident, or other problem involving public health and safety.

13.

Comment. One commenter stated that the requirement in §70.24(a)(3) to retain the superseded portion of emergency procedures is unnecessary and should be deleted. Response. The Commission disagrees with the comment. It is essential that, following any incident in which the use of emergency procedures may be involved, NRC be able to examine all of the facts that existed at the time of the incident, including the emergency procedures that were in effect at that time. Because it is possible, if not probable, that emergency procedures may be revised following an emergency incident based on the licensee's experience in using the procedures, it is necessary that superseded portions be retained for the minimum period, three years.

14.

Comment. One commenter stated that the requirement in §70.42(d) to keep copies of licenses, certificates, and other documents used to verify that a recipient of licensed material is authorized to receive it is not necessary and should be deleted. Response. The Commission disagrees with the comment and believes that NRC needs to be able to examine these records to ensure that licensees are complying with the requirement that they verify the authorization of the persons receiving licensed radioactive material.

15.

Comment. One commenter stated that the backfit rule, §50.109, should apply because the recordkeeping rule adds new record retention requirements to various sections of 10 CFR Part 50. Response. The Commission disagrees with the comment. Section 50.36 is the only section within Part 50 that has been revised to clarify recordkeeping requirements. However, all records specified in this section are currently required by other provisions contained in 10 CFR Chapter I. As stated on page 41443 of the "Federal Register Notice" for the proposed rule published October 28, 10

(7590-01] 1987, the backfit rule, 10 CFR 50.109, does not apply to the records retention rule.

16.

Comment. One commenter stated that the specific uniform record

• retention periods being proposed do not conform to the retention periods for the Nuclear Liability Insurance Records identified in ANI/MAELU Information Bulletin 80-lA which requires the records to be maintained for the life of the nuclear liability insurance policy plus ten years.

Response. The record retention requirements set forth in the 10 CFR Chapter I establish the minimum retention periods necessary for NRC to ensure compliance with the safety and health aspects of the nuclear environment and for the NRC to accomplish its mission to protect the public health and safety. Retention of records beyond the minimum period is at the option of the licensee. Licensees should be aware, however, that NRC 1 s recordkeeping requirements apply only to NRC requirements for the information. Other Federal, State, or local agencies may have requirements that may apply now or in the future.

17.

Comment. One commenter stated that the lack of clear definitions for terms such as "legible" and "authenticated" has the potential to create sub-stantial confusion as to what records are acceptable. Response. The following definitions of 11 legible 11 and 11authenticated 11 apply to records retained under the NRC 1 s regulatory authority. The term 11 legible 11 denotes that the records can be read and deciphered wit~in a reason-able amount of time. 11Authenticated 11 denotes that the data has been verified for completeness and accuracy by an authorized individual and that it is a true representation of the original data. This also addresses one commenter 1 s con-cern about what constitutes a record capable of producing a clear copy.

18.

Comment. One commenter stated that the requirement in 10 CFR Part 73, Appendix B, Criteria I.C., that a physical test be performed within thirty days of a physical examination was deleted in August 1987 and should not be reintroduced. 11

(7590-01] Response. The requirement to conduct a medical examination within the preceding 30 days of the physical fitness qualification was revised after publication of the proposed rule. On January 7, 1988 (53 FR 403) Criteria I.C. was revised to state that subsequent to the medical examination, physical fitness shall be demonstrated. This revision is reflected in the final rule.

19.

Comment. One commenter stated that the requirement in §73.70(d) to list the "reason for entry, 11 into a vital area was deleted and should not be reintroduced. Response. The Commission agrees with the comment. The requirement has been deleted from the final rule.

20.

Comment. One commenter noted that §50.49(d) contains revised wording that apparently makes this section redundant with existing §S0.49(j). Response. The Commission disagrees that the recordkeeping requirement contained in §S0.49{d) is redundant to that contained in §50.49{j). Sec-tion 50.49(d) requires the retention of the list of electrical equipment important to safety and information specified in paragraphs (d)(l), (2), and (3) only. Section 50.49(j) requires the retention of records to support the qualification of equipment, but reiterates that there are qualification records contained in §50.49(d) that must be retained for the same period.

21.

Comment. One commenter recommended that the Commission update Regulatory Guide 10.1 to clarify and simplify recordkeeping requirements. The commenter also recommended that all recordkeeping requirements be consolidated into a single location within the regulations. Response. Regulatory Guide 10.1 is a partial listing of regulatory reporting requirements. As indicated in the Supplementary Information, NRC will publish a separate compilation of NRC regulatory reporting and record-keeping requirements in the NUREG series. The Commission believes the publica-tion of these compilations will preclude the need to group all recordkeeping requirements in a single locati-0n within the regulations. 12

(7590-01]

22.

Comment. One commenter questioned why the retention period for safeguards contingency plans varies depending upon whether the special nuclear material is in transit or at a fixed location and sited §73.26(e)(3) and §73.40(b) as examples of this discrepancy. Response. The record retention periods for §§73.26(e)(3) and 73.40(b) differ because the individual requirements are different. Section 73.26 covers licenses to transport special nuclear material (SNM) where possession of the material occurs at discrete times and terminates when the last shipment is completed through acknowledged receipt by the receiver. On the other hand, §73.40(b) covers licenses to hold SNM at fixed sites where possession of mate-rial is more continuous and it is more ~ifficult to confirm that possession has ended and the license can be terminated. Environmental Impact: Categorical Exclusion The NRC has determined that this regulation is the type of action described in categorical exclusions 10 CFR 51.22(c)(l) and (3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final regulation. Paperwork Reduction Act Statement This final -rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This final rule has been submitted to the Office of Management and Budget for review and approval. Requirements in nineteen parts included in this rule were assigned_ approval numbers by the Office of Management and Budget as follows: Part 4--3150-0053; Part 11--3150-0062; Part 25--3150-0046; Part 30--3150-0017; Part 31--3150-0016; Part 32--3150-0001; Part 34--3150-0007; Part 35--3150-0010; Part 40--3150-0020; Part 50--3150-0011; Part 60--3150-0127; Part 61--3150-0135; Part 70~-3150-0009; Part 71--3150-0008; Part 73--3150-0002; Part 74--3150-0123; Part 75--3150-0055; Part 95--3150-0047; Part 110--3150-0036. 13

[7590-01) Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), and NRC Size Standards (50 FR 50241; December 9, 1985), the Commission hereby certifies that this rule does not have a significant economic impact upon a substantial number of small entities. The rule amends parts of the NRC regula-tions by specifying a period to retain each required record. The rule affects most facility and materials licensees by reducing the regulatory burden of retaining records for an unnecessarily long or indefinite period. Therefore; it is not expected to have a significant economic impact on any licensee. Comments on the expected economic impact of this rule on small entities were solicited; however, none were received.. Backfit Analysis The Commission has determined that the backfit rule, 10 CFR 50.109, does not apply to the rule. The rule is purely administrative in nature, and therefore does not result in the "modification of or addition to systems, struc-tures, components, or design of a facility... or the procedures or organization required to design, construct, or operate a facility... 11.See 10 CFR 50.109(a)(l). List of Subjects in 10 CFR Parts 4, 11, 25, 30, 31, 32, 34, 35, 40, 50, 9 60, 61, 70, 71, 73, 74, 75, 95, and 110. Reporting and recordkeeping requirements. 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. 553, the NRC is adopting the following amendments to 10 CFR Parts 4, 11, 25, 30, 31, 32, 34, 35, 40, 50, 60, 61, 70, 71, 73, 74, 75, 95, and 110. 14

(7590-01] PART 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED COMMISSION PROGRAMS

1.

The authority citation for Part 4 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

2.

A new§ 4.6 is added to read as follows: § 4.6 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of pro-ducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent informa-tion such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

3.

Section 4.32 is revised to read as follows: § 4.32 Compliance reports. (a) Each recipient shall keep records and submit to the responsible NRC official, timely, complete, and accurate compliance reports at the times and in the form and containing the information that the responsible NRC official may determine to be necessary to enable the official to ascertain whether the recipient has complied or is complying with this subpart. (b) In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, the other recipient shall also submit necessary compliance reports to the primary recipient to enable the primary recipient to carry out its obligations under this subpart. 15

[7590-01) (c) The primary recipient shall retain each record of information needed to complete a compliance report pursuant to paragraph (a) of this section for three years or as long as the primary recipient retains the status of primary recipient as defined in§ 4.4, whichever is shorter.

4.

In§ 4.125, the introductory text of paragraph (d) is revised to read as follows: § 4.125 Preemployment inquiries. (d) Information obtained in accordance with this section as to the medical condition or history of the applicant must be collected on separate forms. The recipient shall retain each form as a record for three years from the date the applicant's employment ends, or, if not hired, from the date of application. Each form must be accorded confidentiality as a medical record, except that:

5.

In§ 4.127, the introductory text of paragraph (d) is revised to read as follows: § 4.127 Existing facilities. (d) Transition plan. In the event that structural changes to facilities are necessary to meet the requirement of paragraph (a) of this section, a recipient shall develop a transition plan setting forth the steps necessary to complete the changes. The plan is to be developed with the assistance of interested persons, including handicapped persons, or organizations representing handicapped persons, and the plan is to meet with the approval of the NRC. The recipient shall retain a copy of the transition plan as a record until any 16

[7590-01) structural change to a facility is complete. A copy of the transition plan is to be made available for public inspection. At a minimum, the plan is to: PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL

6.

The authority citation for Part 11 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). § 11.9 [Amended]

7.

Section 11.9 is amended by changing 11 two years" to 11three years" in the last sentence.

8.

A new§ 11.10 is added to read as follows: § 11.10 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of pro-ducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures etc. The licensee shall maintain adequate safeguards against tampering with and loss of records.

9.

• In§ 11.13, paragraph (b) is revised to read as follows:

§ 11.13 Special requirements for transportation. 17

[7590-01] (b) Each licensee who, 365 days after Commission approval of the amended security plan submitted in accordance with §11.ll(a), transports or delivers to a. carrier for transport special nuclear material subject to the physical pro-tection requirements of §§73.20, 73.25, 73.26, or 73.27 of this chapter shall confirm and record prior to shipment the name and special nuclear material access authorization number of all individuals identified in paragraph (a) of this sec-tion assigned to the shipment. The licensee shall retain this record for three years after the last shipment is made. However, the licensee need not confirm and record the special nuclear material access authorization number in the case of any individual for whom an application has been submitted and is pending before the NRC in accordance with paragraph (a) of this section. PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

10.

The authority citation for Part 25 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). § 25.11 [Amended]

11.

Section 25.11 is amended by changing "two years" to "three years" in the last sentence.

12.

In§ 25.13, the existing text is designated paragraph (a) and a new paragraph (b) is added and the section heading.revised to read as follows: § 25.13 Maintenance of Records. (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. 18

[7590-01] The record may also be stored in electronic media with the capability for pro-ducing legible, accurate, and complete records during the required retention period. Recqrds such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records: § 25.23 [Amended]

13.

In§ 25.23, the introductory text is amended by changing "one year" to "three years" in the fifth sentence. § 25.35 [Amended]

14.

In§ 25.35, the last sentence of the existing text is amended by changing "two years" to "three years. 11 PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

15.

The authority citation for Part 30 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

16.

In§ 30.34, paragraph (g) is revised ~o read as follows: § 30.34 Terms and conditions of licenses. (g) Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m generators shall test the generator eluates for molybdenum-99 breakthrough in accordance with§ 35.14(b)(4) {i} through (iv) of this chapter. The licensee shall record the results of each test and retain each record for three years after the record is made. 19

[7590-01]

17.

In§ 30.51, paragraph {c} is deleted, paragraph (d) is redesignated (c}, and paragraphs (a), (b), and (c}(l) are revi SJ!d to read as fol lows: § 30.Sl Records. (a) Each person who receives byproduct material pursuant to a license. issued pursuant to the regulations in this part and Parts 31 through 35 of this chapter shall keep records showing the receipt, transfer, and disposal of the byproduct material as follows: (1) The licensee shall retain each record of receipt of byproduct material as long as the material is possessed and for three years following transfer or disposal of the material. (2) The licensee who transferred the material shall retain each record of transfer for three years after each transfer unless a specific requirement in another part of the regulations in this chapter dictates otherwise. (3) The licensee who disposed of the material shall retain each record of disposal of byproduct material until the Commission terminates each license that authorizes disposal of the material. (b) The licensee shall retain each record that is required by the regula-tions in this part and Parts 31 through 35 of this chapter or by license condi-tion for the period specified by the appropriate regulation or license condition. If a retention period is not otherwise specified by regulation or license condi-tion, the record must be retained until the Commission terminates each license that authorizes the activity that is subject to the recordkeeping requirement. (c)(l) Records which must be maintained pursuant to this part and Parts 31 through 35 of this chapter may be the original or a reproduced copy or micro-form if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 20

[7590-01] PART 31 - GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

18.

The authority citation for Part 31 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

19.

In§ 31.5, paragraph (c)(4) is revised to read as follows: § 31.5 Certain measuring, gauging, or controlling devices. 2 (c) (4) Shall maintain records showing compliance with the requirements of paragraphs (c)(2) and (c)(3) of this section. The records must show the results of tests. The records also must show the dates of performance of, and the names of persons performing, testing, insta1Jing, servicing, and removing from the installation radioactive material and its shielding or containment. The licensee shall retain these records as follows: (i) Each record of a test for leakage of radioactive material required by paragraph (c)(2) of this section must be retained for three years after the next required leak test is performed or until the sealed source is transferred or disposed of. (ii) Each record of a test of the on-off mechanism and indicator required by paragraph (c)(2) of this section must be retained for three years after the next required test of the on-off mechanism and indicator is performed or until the sealed source is transferred or disposed of. (iii) Each record that is required by paragraph (c)(3) of this section must be retained for three years from the date of the recorded event or until the device is transferred or disposed of. 2Persons possessing byproduct material in devices under the general license in§ 31.5 before January 15, 1975, may continue to possess, use, or transfer that material in accordance with the requirements of § 31.5 in effect on January 14, 1975. 21

[7590-01]

20.

A new§ 31.12 is added to read as follows: § 31.12 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of pro-ducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent informa-tion such as letters, stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. PART 32 - SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

21.

The authority citatibn for Part 32 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

22.

A new§ 32.3 is added to read as follows: § 32.3 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a r_eproduced copy or a mi croform provided that the copy or mi crof orm is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent 22

(7590-01] information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. PART 34 - LICENSES FOR RADIOGRAPHY AND RAD_IATION SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS

23.

The authority citation for Part 34 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

24.

A new§ 34.4 is added to read as follows: § 34.4 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of pro-ducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent informa-tion such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. § 34.24 [Amended]

25.

Section 34.24 is amended by changing "two years" to "three years" in the next to last sentence.

26.

In§ 34.25, paragraph (c) is revised to read as follows: § 34.25 Leak testing, repair, tagging, opening, modification, and replacement of sealed sources. 23

[7590-01] (c) The leak test must be capable of detecting the presence of 0.005 microcurie of removable contamination on the sealed source. An acceptable leak test for sealed sources in the possession of a radiography licensee would be to test at the nearest accessible point to the sealed-source storage position, or other appropriate measuring point, by a procedure to be approved pursuant to § 34.ll(f). Each record of leak test results must be kept in units of micro-curiesror disintegrations per minute (dpm)!and retained for inspection by the Commission for three years after it is made. § 34.26 [Amended]

27.

Section 34.26 is amended by changing 11 two years" to "three years" in the last sentence.

28.

In§ 34.27, the introductory paragraph is revised to read as follows: § 34.27 Utilization logs. Each licensee shall maintain current logs, which shall be kept available L for three years from the date of. the recorded event, for inspection by the Commission, at the address specified in the licen*se, showing for each sealed source the following information:

29.

In§ 34.28, paragraph (b) is revised to read as follows: § 34.28 Inspection and maintenance of radiographic exposure devices. storage containers. and source changers. 24

(7590-01] {b) The li~ense-e shall conduct a program for inspection and maintenance of radiographic ex~osu~ devi~es~ storage containers, and source changers at intervals not to excee~ 1.hr.ee fflDnths or prior to the first use thereafter to ensure ~roper functiDning of components important to safety. The licensee shall retain reco,-ds of tnese inspections and maintenance for three years.

30.

In§ 34.29, ~aragrapn {c) is revised to read as follows: § 34.29 Permanent radiogr-aphic installations. ll: (c) The alam system must be tested at intervals not to exceed three months or prior to the first use thereafter of the source in the installation. The licensee shall Ntain re~~rtfs of these tests for three years.

31. *In§ 34.32, the introductory paragraph is revised to read as follows:

§ 34.32 Operating and emergency procedures. The licensee shall retain a copy of current operating and emergency procedures as a record until -ttie Cmmnission terminates the license that author-izes the activity for~ich the procedures were developed and, if retain the superseded material for three years after each change. proceduT'~S must fo.clude -inst.Tuctions in at least t~e following:. superseded, These

32. In§ 34.~3.,:,aragraptis (b) and (e) are revised to read as follows:

§ 34.33 Personnel monitoring. (b) Pocket dosimeters must be read and exposures recorded daily. The licensee shall retain each,-,econf of these exposures for three years after the record is 111ade. 25

[7590-01] (e) Reports received from the f~lm badge or TLD processor must be retained for inspection until the Com~ission terminates each license that authorizes the activity that is_ subject to the recordkeeping requirement.

• PART 35 - MEDICAL USE OF BYPRODUCT MATERIAL

33.

The authority citation for Part 35 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

34.

A new§ 35.5 is added to read as follows: § 35.5 Maintenance of records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized'personnel and that the microform is capable of pro-ducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, mus~ include all pertinent informa-tion such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. § 35.27 [Amended]

35.

Section 35. 27, *paragraph (c) h amended by changing "two years" to "three years. 11 § 35.29 [Amended]

36.

Section 35.29, paragraph (b) is amended by changing 11two years 11 to "three years. 11 26

[7590-01] § 35.50 [Amended]

37.

Section 35.50, paragraph (e) introductory text is amended by changing "two years" to "three years. 11 § 35.51 [Amended]

38.

Section 35.51, paragraph (d) introductory text is amended by changing "two years" to "three years. 11 § 35.53 [Amended]

39.

Section 35.53, paragraph (c) introductory text is amended by changing "two years 11 to 11 three years. 11 § 35.59 [Amended]

40.

Section 35.59, paragraph (i) is amended by changing "two years" to "three years. 11 § 35.70 [Amended]

41.

Section 35.70, paragraph (h) is amended by changing "two years" to "three years. 11 § 35.80 [Amended]

42.

Section 35.80, paragraph (f) is amended by changing 11 two years" to 11three years. 11 § 35.92 [Amended]

43.

Section 35.92, paragraph (b) is amended by changing "two years" to "three years. 11 27

(7590-01] § 35.204 (Amended]

44.

Section 35.204, paragraph (c) is amended by changing "two years" to "three years." § 35.310 [Amended]

45.

Section 35.310, paragraph (b) is amended by changing "two years" to "three years." § 35.315 [Amended]

46.

Section 35.315, paragraph (a)(4) is amended by changing "two years" to "three years." § 35.404 (Amended]

47.

Section 35.404, paragraph (b) is amended by changing "two years" to "three years." § 35.406 [Amended]

48.

Section 35.406, paragraph (d) is amended by changing "two years 11 to "three years." § 35.410 [Amended]

49.

Section 35.410, paragraph (b) is amended by changing 11 two years" to "three years." § 35.415 [Amended]

50.

• Section 35.415, paragraph (a)(4) is amended by changing "two years" to "three years."

28

[7590-01) § 35.610 [Amended]

51.

Section 35.610, paragraph (c) is amended by changing "two years" to 11three years." § 35.615 [Amended]

52.

Section 35.615, paragraph (d)(4) is amended by changing "two years" to "three years." § 35.634 [Amended]

53.

Section 35.634, paragraph (c) is amended by changing "two years" to "three years. 11

54.

Section 35.634, paragraph (f) is amended by changing "two years" to "three years. 11 § 35.636 [Amended]

55.

Section 35.636, paragraph (c) is amended by changing "two years" to "three years. 11 PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

56.

The authority citation for Part 40 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

57.

In§ 40.26, paragraph (c)(2) is revised to read as follows: § 40.26

• General license for possession and storage of byproduct material as defined in this part.

29

(7590-01] (c) (2) The documentation of daily inspections of tailings or waste retention systems and the immediate notification of the appropriate NRC regional office as indicated in Appendix D to 10 CFR Part 20 of this chapter, or the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, of any failure in a tailings or waste reten-tion system that results in a release of tailings or waste into unrestricted areas, or of any unusual conditions (conditions not contemplated in the design of the retention system) that if not corrected could lead to failure of the system and result in a release of tailings or waste into unrestricted areas; and any additional requirements the Commission may by order deem necessary. The licensee shall retain this documentation of each daily inspection as a record for three years after each inspection is documented.

58.

In§ 40.35, paragraph (e)(3) is revised to read as follows: § 40.35 Conditions of specific licenses issued pursuant to§ 40.34. (e) * "' * (3) Keep records showing the name, address, and a point of contact for each general licensee to whom he or she transfers* depleted uranium in industrial products or devices for use pursuant to the general license provided in§ 40.25 or equivalent regulations of an Agreement State. The records must be retained for three years from the date of transfer and must show the date of each transfer, the quantity of depleted uranium in each product or device transferred, and compliance with the report requirements of this section. 30

[7590-01]

59.

In§ 40.61, paragraph (c) is deleted, paragraph (d) is redesignated (c). and paragraphs (a), (b), and (c)(l) are revised to read as follows: RECORDS, REPORTS, AND INSPECTIONS § 40.61 Records. (a) Each person who receives source or byproduct material pursuant to a license issued pursuant to the regulations in this part shall keep records show-ing the receipt, transfer, and disposal of this source or byproduct material as follows: (1) The licensee shall retain each record of receipt of source or byproduct material as long as the material is possessed and for three years following transfer or disposition of the source or byproduct material. (2) The licensee who transferred the material shall retain each record of transfer or source or byproduct material until the Commission terminates each license that authorizes the activity that is subject to the recordkeeping requirement. (3) The licensee shall retain each record of disposal of source or byproduct material until the Commission terminates each license that authorizes the activity that is subject to the recordkeeping requirement. (4) If source or byproduct material is combined or mixed with other licensed material and subsequently treated in a manner that makes direct cor-relation of a receipt record with a transfer, export, or disposition record impossible, the licensee may use evaluative techniques (such as first-in-first-out), to make the records that are required by this Part account for 100 percent of the material received. (b) The licensee shall retain each record that is required by the regu-lations in this part or by. license condition for the period specified by the appropriate regulation or license condition. If a retention period is not otherwise specified by regulation or license condition, each record must be maintained until the Commission terminates the license that authorizes the activity that is subject to the recordkeeping requirement. 31

(7590-01] (c)(l) Records which must be maintained pursuant to this part may be the original or reporduced copy or microform if the reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regul~tions. The record may also be stored in electronic media with the capability for produ~ing legible, accurate, and complete records during the required retention period. *Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

60.

In Appendix A to Part 40, I. Technical Criteria, the second paragraph of Criterion 8 and Criterion BA are revised to read as follows: Appendix A to Part 40 I. Technical Criteria Criterion 8 Checks must be made and logged hourly of all parameters (e.g., differen-tial pressures and scrubber water flow rates) that determine the efficiency of yellowcake stack emission control equipment operation. The licensee shall retain each log as a record for three years after the last entry in the log is made. It must be determined whether or not conditions are within a range prescri~ed to ensure that the equipment is operating consistently near peak efficiency; corrective action must be taken when performance is outside of prescribed ranges. Effluent control devices must be operative at all times during drying and packaging operations and whenever air is exhausting from the 32

(7590-01] yellowcake stack. Drying and packaging operations must terminate when controls are inoperative. When checks indic~te the equipment is not operating within the range prescribed for peak efficiency, actions must be taken to restore . parameters to the prescribed range. When this cannot be done without shutdown and repairs, drying and packaging operations must cease as soon as practicable. Operations may not be restarted after cessation due to off-normal performance until needed corrective actions have been identified and implemented. All these cessations, corrective actions, and restarts must be reported to the appropriate NRC regional office as indicated in Criterion SA, in writing, within ten days of the subsequent restart. Criterion SA - Daily inspections of tailings or waste retention systems must be conducted by a qualified engineer or scientist and documented. The licensee shall retain the documentation for each daily inspection as a record for three years after the documentation is made. The appropriate NRC regional office as indicated in Appendix D to 10 CFR Part 20 of this chapter, or the

• Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555, must be immediately notified of any failure in a tailings*or waste retention system that results in a release of tailings or waste into unrestricted areas, or of any unusual conditions e

(conditions not contemplated in the design of the retention system) that if not corrected could indicate the potential or lead to failure of the system and result in a release of tailings or waste into unrestricted areas. PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

61.

The authority citation for Part 50 cont1nues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

62. In§ 50.36, the introductory text of paragraph (c) and paragraphs (c)

(1), and (c)(2), and (c)(7) are revised to read as follows: 33

[7590-01] § 50.36 Technical Specifications. (c) Technical specifications will include items in the following categories: (1) Safety limits, limiting safety system settings, and limiting control settings. (i)(A) Safety limits for nuclear reactors are limits upon important process variables that are found to be necessary to reasonably protect the integ-rity of certain of the physical barriers that guard against the uncontrolled release of radioactivity. If any safety limit is exceeded, the reactor must be shut down. The licensee shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude recurrence. Operation must not be resumed until authorized by the Commission. The licensee shall retain the record of the results of each review until the Commission terminates the license for the reactor, except for nuclear power reactors licensed under§ 50.21(b) or § 50.22 of this part. For these reactors, the licensee shall notify the Commission as required by§ 50.72 and submit a Licensee Event Report to the Commission as required by§ 50.73. Licensees in these cases shall retain the records -of the review for a period of three years following issuance of a Licensee Event Report. (B) Safety limits for fuel reprocessing plants are those bounds within which the process variables must be maintained for adequate control of the operation and that must not be.exceeded in order to protect the integrity of the physical system that is designed to guard against the uncontrolled release of radioactivity. If any safety limit for a fuel reprocessing plant is exceeded, corrective action must be taken as stated in the technical specification or the affected part of the process, or the entire process if required, must be shut down, unless this action would further reduce the margin of safety. The licensee shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude recurrence. If a portion of the process or the entire process has been shutdown, operation must not be resumed until authorized by the Commission. The licensee shall retain the record of the 34

[7590-01] results of each review until the Commission terminates the license for the plant. (ii)(A) Limiting safety system settings for nuclear reactors are settings for automatic protective devices related to those variables having significant safety functions; Where a limiting safety system setting is specified for a variable on which* a safety limit has been placed, the setting must be so chosen that automatic protective action will correct the abnormal situation before a safety limit is exceeded. If. during operation, it is determined _that the automatic safety system does not function as required. the licensee shall take appropriate action, which may include shutting down the reactor. The licensee shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude recurrence. The licensee shall retain the record of the results of each review until the Commission terminates the license for the reactor except for nuclear power reactors licensed under§ 50.21(b) or § 50.22 of this part. For these reactors, the licensee shall notify the Commission as required by§ 50.72 and submit a Licensee Event Report to the Commission as required by§ 50.73. Licensees in these cases shall retain the records of the review for a period of three years following issuance of a Licensee Event Report. (B) Limiting control settings for fuel reprocessing plants are settings for automatic alarm or protective devices related to those variables having significant safety functions. Where a limiting control setting is specified for a variable on which a safety limit has been placed, the setting must be so chosen that protective action, either automatic or manual, will correct the abnormal situation before a safety limit is exceeded. If, during operation, the automatic alarm or protective devices do not function as required, the licensee shall take appropriate action to maintain the variables within the limiting control-setting values and to repair promptly the automatic devices or to shut down the affected part of the process and, if required, to shut down the entire process for repair of automatic devices. The licensee shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken 35

[7590-01] to preclude recurrence. The licensee shall retain "ttle record of the results of each review until the Commission terminates the lic-ense for the plant. (2) Limiting conditions for operation. Limiting conditions for operation are the lowest functional capability or performance levels of equipment required for safe operation of the facility. When a limiting condition for operation of a nuclear reactor is not met, the licensee shall shut down the reactor or follow any remedial action permitted by the technical specifications until the condi-tion can be met. When a limiting condition for operation of any process step in the system of a fuel reprocessing plant is not met, the licensee shall shut down that part of the operation or follow any remedial action permitted by the technical specifications until the condition can be met. In the case of a nuclear reactor not licensed under§ 50.21(b) or§ 50.22 of this part or fuel reprocessing plant, the licensee shall notify the Commission, review the matter, and record the results of the review, including the cause of the condition and the basis for corrective action taken to preclude ncurrence. The licensee shall retain the record of the results of each review until the Commission terminates the license for the nuclear reactor or the fuel reprocessing plant. In the case of nuclear power reactors licensed under§ 50.2l(b) or§ 50.22, the licensee shall notify the Commission if required by§ 50.72 and shall submit a Licensee Event Report to the Commission as required by§ 50.73. l°n this case, licensees shall retain records associated with preparation of a licensee Event Report for a period of three years following issuance of the report. For events which do not require a Licensee £vent Report, the licensee shall retain each record as required by the technical specifications. (7) Written Reports. Licensees for nuclear power reactors licensed under § 50.2l(b) and § 50.22 of this part shall _submit written reports to the Commis-sion in accordance with§ 50.73 of t~is part for events described in paragraphs (c)(l) and {c)(2) of this.section. For al 1 l icensees 11 the Commission may require Special Reports as appropriate. 36

e

63.

In§ 50.36a, paragraph (a)(l) is revised to read as follows: § 50.36a Technical specifications on effluents from nuclear power reactors. [7590-01] (1) That operating procedures developed pursuant to§ 50.34a(c) for the control of effluents be established and followed and that equipment installed in the radioactive waste system, pursuant to§ 50.34(a), be maintained and used. The licensee shall retain the operating procedures in effect as a record until the Commission terminates the reactor license and shall retain each superseded revision of the procedures for three years from the date it was superseded.

64.

In§ 50.48, paragraph (a) is revised to read as follows: § 50.48 Fire protection. (a) Each operating nuclear power plant must have a fire protection plan that satisfies Criterion 3 of Appendix A to this part. This fire protection plan must describe the overall fire protection program for the facility, iden-tify the various positions within the licensee's organization that are respon-sible for the. program, state the authorities that are delegated to each of these positions to implement those responsibilities, and outline the plans for fire protection, fire detection and suppression capability, and limitation of fire damage. The plan must also describe specific features necessary to implement the program described above, such as administrative controls and personnel re-quirements for fire prevention and manual fire suppression activities, automatic and manually operated fire detection and suppression systems, and the means to limif fire damage to structures, systems, or components important to safety 37

(7590-0lJ so that the capability to safely shut down the plant is ensured. 3 The licensee shall retain the fire protection plan and each change to the plan as a record until the Commission terminates the reactor license and shall retain each superseded revision of the procedures for three years from the date it was superseded.

65.

In§ 50.49, the introductory text of paragraph (d) is revised to read as follows: e § 50.49 Environmental qualification of electric equipment important to safety for nuclear power plants. (d) The applicant or licensee shall prepare a list of electric equipment important to safety covered by this section. In addition, the applicant or licensee shall include the information in paragraphs (d)(l),(2), and (3) of this section for this electric equipment important to safety )n a qualification file. The applicant or licensee shall keep the list and information in the file current and retain the file in auditable form for the entire 9 period during which the covered item is installed in the nuclear power plant or is stored for future use to permit verification that each item of electric equipment important to safety meets the requirements of paragraph (j) of this section. 3Basic fire protection guidance for nuclear power plants is contained in two NRC documents: 0 Branch Technical Position Auxiliary Power Conversion System Branch BTP APCSB 9.5-1~ 11Guidelines for Fire Protection for Nuclear Power Plants, 11 for new plants docketed after July 1, 1976, dated May 1976. 0 Appendix A to BTP APCSB 9.5-1, 11Guidelines for Fire Protection for Nuclear Power Plants Docketed Prior to July 1, 1976, 11 for plants that were operating or under various stages of design or construction before July 1, 1976, dated August 23, 1976. Also see Note 4. 38

[7590-01]

66.

In§ 50.54, the introductory text of paragraph (p)(2) and paragraph (q) are revised to read as follows: § 50.54 Conditions of licenses. (p) * (2) The licensee may make changes to the plans referenced in paragraph (p)(l) without prior Commission approval if the changes do not decrease the safeguards effectiveness of the plan. The licensee shall maintain records of changes to the plans made without prior Commission approval for a period of three years from the date of the change, and shall submit, as specified in§ 50.4, a report containing a description of each change within two months after the change is made. Prior to the safeguards contingency plan being put into effect, the licensee shall have: (q) A licensee authorized to possess and operate a nuclear power reactor shall follow and maintain in effect emergency plans which meet the standards in § S0.47(b) and the requirements in Appendix E to this part. A licensee autho-rized to possess and/or operate a research reactor or a fuel facility shall follow and maintain in effect emergency plans which meet the-requirements in Appendix E to this part. The licensee shall retain the emergency plan and each change that decreases the effectiveness* of the plan as a record until the Com-mission terminates the license for the nuclear power reactor. The nuclear power reactor licensee may make changes to these plans without Commission approval only if the changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the standards of§ 50.47{b) and the requirem~nts of Appendix E to this part. The research reactor and/or the fuel facility licensee may make changes to these plans without Commission approval only if these changes do not decrease the effectiveness of the plans and the plans, as changed, continue to meet the requirements of Appendix E to this part. The nuclear power reactor, research reactor, or fuel facility licensee 39

[7590-01] shall retain a record of each change to the emergency plan made without prior Commission approval for a period of three years from the date of the change. Proposed changes that decrease the effectiveness of the approved emergency plans may not be implemented without application to and approval by the Com-mission. The licensee shall submit, as specified in §50.4, a report of each proposed change for approval. If a change is made without approval, the licensee shall submit, as specified in §50.4, a report of each change within 30 days after the change is made.

67.

In§ 50.71, paragraphs (c) and (d)(l) are revised, and a new (e)(6) is added to read as follows: § 50.71 Maintenance of records, making of reports. (c) Records that are required by the regulations in this part, by license condition, or by technical specification, must be retained for the period specified by the appropriate regulation, license condition, or technical specification. If a retention period is not otherwise specified, these records must be retained until the Commission terminates the facility license. (d)(l) Records which must be mai ntai ne.d pursuant to this part may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete.records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 40

(e) * (6) The updated FSAR shall be retained by the licensee until the Commission terminates their license.

68.

In Appendix R to Part 50, Section III, Specific Requirements, paragraph I.3.d is revised to read as follows: APPENDIX R -- FIRE PROTECTION PROGRAM FOR NUCLEAR POWER FACILITIES OPERATING PRIOR TO JANUARY 1, 1979 III. I.

3.

[7590-01]

d.

At 3-year intervals, a randomly selected unannounced drill must be critiqued by qualified individuals independent of the licensee's staff. A copy of the written report from these individuals must be available for NRC review and sha~l be retained as a record as specified in§ III.I.4 of this appendix. PART 60 - DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES

69.

The authority citation for Part 60 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). 41

[7590-01)

70.

Section 60.4 is revised to read as follows: § 60.4 Communications and records. (a) Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be addressed to the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, O.C. 20555. Communications, reports, and applications may be delivered in person at the Commission's offices at 1717 H Street NW., Washington 0.C., or 11555 Rockville Pike, Rockville, Maryland. (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required reten-tion period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

71.

In§ 60.71, the section heading and paragraph (b) are revised to read as follows: § 60.71 Records and reports. (b) Records of the receipt, handling, and disposition of radioactive waste at a geologic repository operations area shall contain sufficient information to provide a complete history of the movement of the waste from the shipper through all phases of storage and disposal. DOE shall retain these records in a manner that ensures their useability for future generations in accordance with* 60.5l(a)(2). 42

[7590-01]

72.

In§ 60.72, paragraph (a) is revised to read as follows: § 60.72 Construction records. (a) DOE shall maintain records of construction of the geologic repository operations area in a manner that ensures their useability for future generations in accordance with§ 60.5l(a)(2). PART 61 -- LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

73.

The authority citation for Part 61 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

74.

In§ 61.80 of Subpart G, paragraphs (c), (e) and (f) are revised to read as follows: Subpart G--Records, Reports, Tests, and Inspections § 61.80 Maintenance of records, reports, and transfers. (c) Records which must be maintained pursuant to this part may be the original or a reproduced copy or a microform if this reproduced copy or micro-form is capable of producing copy that is clear and legible at the end of the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 43

[7590-01] {e) Notwithstanding paragraphs {a) through {d) of this section, the licensee shall record the location and the quantity of radioactive wastes con-tained in the disposal site and transfer these records upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the State governor and other State, local, and Federal governmental agencies as designated by the Commission at the time of license termination. {f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date of disposal of the waste, the location in the disposal site, the condition of the waste packages as received, any discrepancies between materials listed on the manifest and those received, and any evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified in Department of Transportation and Commission regulations. The licensee shall briefly describe any repackaging operations of any of the waste packages included in the shipment, plus any other information required by the Commission as a license condition. The licensee shall retain these records until the Commission transfers or terminates the license that authorizes the activities described in this section. PART 70 -- DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

75.

The authority citation for Part 70 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended {42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended {42 U.S.C. 5841).

76.

In§ 70.22, paragraphs {g), (h), {i), (j), and {k) are revised to read as follows: 44

[7590-01] § 70.22 Contents of applications. (g)(l) Each application for a license that would authorize the transport .or delivery to a carrier for transport of special nuclear material in an amount .specified in§ 73.l(b)(2) of this chapter must include (i) a description of the plan for physical protection of special nuclear material in transit in accordance with§§ 73.20, 73.25, 73.26, 73.27, and 73.67(a), (e), and (g) for 10 kg or more of special nuclear material of low strategic significance, and§ ]3.70(g) of this chapter including, as appropriate, a plan for the selection, qualification, and training of armed escorts, or the specification and design of a specially designed truck or trailer, and (ii) a licensee safeguards contingency plan or response procedures, as appropriate, for dealing with threats, thefts, and radiological sabotage relating to the special nuclear mate-rial in transit. (2) Each application for such a license involving formula quantities of strategic special nuclear material must include the first four categories of information contained in the applicant's safeguards contingency plan. (The first four categories of information, as set forth in Appendix C to Part 73 of this chapter, are Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix. The fifth category of information, Procedures, does not have to be submitted for approval.) (3) The licensee shall retain this description of the plan for physical protection of special nuclear material in transit and the safeguards contin-gency plan or safeguards response procedures and each change to the plan or procedures as a record for a period of three years following the date on which the licensee last possessed the appropriate type and quantity of special nuclear material requiring this record under each license. (h)(l) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee uranium-235 (contained in uranium.enriched to 20 percent or more in the uranium-235 isotope), uranium-233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams= (grams contained U-235) + 2.5 (grams U-233 + grams plutonium), other than a license for 45

[7590-01] possession or use of this material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan, consisting of two parts. Part I must address vital equipment, vital areas, and isolation zones, and must demonstrate how the applicant plans to meet the requirements of§§ 73.20, 73.40, 73.45, 73.46, 73.50, 73.60, 73.70, and 73.71 of this chapter in the conduct of the activity to be licensed, including the identification and description of jobs as required by§ 11.ll(a) of this chapter. Part II must list tests, inspections, and other means to demonstrate compliance with such requirements. (2) The licensee shall retain a copy of this physical security plan and each change to the plan as a record for a period of three years following the date on which the licensee last_possessed the appropriate type and quantity of special nuclear material requiring this record under each license. (i) Each application for a license to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, or conversion of uranium hexafluoride must contain, in addition to the other information required by this section, plans for coping with emergencies. 3 The licensee shall retain a copy of these plans for coping with emergencies as records until the Commission terminates each license obtained by this application or any application for renewal of a license, and each change to the plan for three years after the date of change. (j)(l) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in the uranium-235 isotope), uranium-233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams= (grams contained U-235) + 2.5 (grams U-233 + grams plutonium) other than a license for possession or use of this material in the operation of a nuclear reactor licensed pursuant to Part 50 of this 3Emergency plans shall contain the elements that are listed in Section IV, 11Content of Emergency Plans, 11 of Appendix E to Part 50 of this chapter. 46

[7590-01] chapter, must include a licensee safeguards contingency plan for dealing with threats, thefts, and radiological sabotage, as defined in Part 73 of this chapter, relating to nuclear facilities licensed under Part 50 of this chapter or to the possession of special nuclear material licensed under this part. (2) Each application for such a license must include the first four cate-gories of information contained in the applicant's safeguards contingency plan. (The first four categories of information, as set forth in Appendix C to Part 73 of this chapter, are Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix.) The fifth category of information, Procedures, does not have to be submitted for approval. (3) The licensee shall retain a copy of this safeguards contingency plan as a record until the Commission terminates each license obtained by this application or any application for renewal of a license and retain each change to the plan as a record for three years after the date of the change. (k) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee special nuclear material of moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under§ 73.2 (x) and (y) of this chapter, other than a license for possession or use of this material in the operation of a nuclear power reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan that demonstrates how the applicant plans to meet the requirements of§ 73.67(d), (e), (f), and (g), as appropriate, of this chapter. The licensee shall retain a copy of this physical security plan as a record for the period during which the licensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license and each change to the plan for three years after the change.

77.

In§ 70.24, paragraph (a)(3) is revised to read as follows: § 70.24 Criticality accident requirements. (a)

• 47

(7590-01] (3) The licensee shall maintain emergency procedures for each area in which this licensed special nuclear material is handled, used, or stored to ensure that all personnel withdraw to an area of safety upon the sounding of the alarm.. These procedures must include the conduct of drills to familiarize personnel with the evacuation plan, plans and designation of responsible individuals for determining the cause of the alarm, and placement of radiation survey instruments in accessible locations for use in such an emergency. The licensee shall retain a copy of current procedures for each area as a record for as long as licensed special nuclear material is handled, used, or stored in the area. The licensee shall retain any superseded portion of the pro-cedures for three years after the portion is superseded.

78.

In§ 70.32, the introductory text of paragraph (c)(2) and paragraphs (d), (e), and (g) are revised to read as follows: § 70.32 Conditions of licenses. (c) * (2) The licensee shall maintain records of changes to the material control and accounting program made without prior Commission approval, for three years after they are superseded, and shall furnish to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the appropriate NRC Regional Office shown in Appendix A to Part 73 of this chapter, a report containing a description of each change within: 48

[7590-01] (d) The licensee shall make no change which would decrease the effective-ness of the plan for physical protection of special nuclear material in transit pre-pared pursuant to§ 70.22(g) or§ 73.20(c) of this chapter without the prior approval of the Commission. A licensee desiring to make such changes shall sub-mit an application for a change in the technical specifications incorporated in his or her license, if any, or for an amendment to the license pursuant to § 50.90 or§ 70.34 of this chapter, as appropriate. The licensee may make changes to the plan for physical protection of special nuclear material without prior Commission approval if these changes do not decrease the effectiveness of the plan. The licensee shall retain a copy of the plan as a record for the period during which the licensee possesses a formula quantity of special nuclear material requiring this record under each license and each change to the plan for three years from the effective date of the change. A report containing a description of each change must be furnished the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the appropriate NRC Regional Office shown in Appendix A to Part 73 of this chapter within two months after the change. (e) The licensee shall make no change which would decrease the effective-ness of a security plan prepared pursuant to§§ 70.22(h), 70.22(k), or 73.20(c) without the prior approval of the Commission. A licensee desiring to make such a change shall submit an application for an amendment to its license pursuant to§ 70.34. The licensee shall maintain records of changes to the plan made without prior Commission approval, for three years from the effective date of the change, and shall furnish to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the appropriate NRC Regional Office shown in Appendix A to Part 73 of this chapter, a report containing a description of each change within two months after the change is made. (g) The licensee shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C to Part 73 of this chapter for effecting the actions and decisions contained in the Responsibility Matrix of its safeguards contingency plan. The licensee shall retain a copy of the 49

[7590-01] safeguards contingency plan procedures as a record for the period during which the licensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license for which the procedures were developed and each change to the plan for three years from the effective date of the change. The licensee shall make no change that would decrease the safeguards effectiveness of the first four categories of information (Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix) contained in any licensee safeguards contingency plan prepared pursuant to §§ 70.22(9), 70.22(j), 73.30(9), or 73.40 of this chapter without the prior approval of the Commission. A licensee desiring to make such a change shall submit an application for an amendment to its license pursuant to§ 70.34. The licensee may make changes to the licensee safeguards contingency plan without prior Commission approval if the changes do not decrease the safeguards effec-tiveness of the plan. The licensee shall maintain each change to the plan made without prior approval as a record during the period for which possession of a formula quantity of special nuclear material is authorized under a license and retain the superseded material for three years from the effective date of the change and shall furnish a report containing a description of each change within 60 days after the change is made to the Regional Administrator of the appropriate NRC Regional Office specified in Appendix A to Part 73 of this chapter, with a copy to the Director of Nuclear Material Safety and Safeguards.

79.

In§ 70.42, paragraphs (d)(l), (2), (3), (4), and (5) are revised to read as follows: § 70.42 Transfer of special nuclear material. (d) * (1) The transferor may have in his or her possession, and read, a current copy of the transferee's specific license or registration certificate. The so

[7590-01] transferor shall retain a copy of each license or certificate for three years from the date that it was obtained. (2) The transferor may have in its possession a written certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and quantity of special nuclear material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date. The transferor shall retain the written certification as a record for three years from the date of receipt of the certification; (3) For emergency shipments the transferor may accept oral certification by the transferee that he or she is authorized by license or registration certificate to receive the type, form, and quantity of special nuclear material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date, provided that the oral certification is confirmed in writing within ten days. The transferor shall retain the written confirmation of the oral certification for three years from the date of receipt of the confirmation; (4) The transferor may obtain other sources of information compiled by a reporting service from official records of the Commission or the licensing agency of an Agreement State as to the identity of licensees and the scope and expiration dates of licenses and registrations. The transferor shall retain the compilation of information as a record for three years from the date that it was obtained; or (5) When none of the methods of verification described in paragraphs (d) (1) to (4) of this section are readily available or when a transferor desires to verify that information received by one of these methods is correct or up-to-date, the transferor may obtain and record confirm~tion from the Commission or the licensing agency of an Agreement State that the transferee is licensed to receive the special nuclear material. The transferor shall retain the record of confirmation for three years from the date the record is made.

80.

In§ 70.51, the paragraphs (b)(2), (3), (5), and (6), (c), the introductory text of (e)(l), (f)(2)(v), and (i)(l) are revised to read as follows: 51

[7590-01] § 70.51 Material balance, inventory, and records requirements. (b) * (2) Each record that is required by the regulations in this part or by license condition must be maintained and retained for the period specified by the appropriate regulation or license condition. If a retention period is not otherwise specified by regulation or license condition, the licensee shall retain the record until the Commission terminates each license that authorizes the activity that is subject to the recordkeeping requirement. (3) Each record of receipt, acquisition, or physical inventory of special nuclear material that must be maintained pursuant to paragraph (b)(l) of this section must be retained as long as the licensee retains possession of the material and for three years following transfer of such material. (5) Each record of transfer of special nuclear material to other persons must be retained by the licensee who transferred the material until the Commis-sion terminates the license authorizing the licensee's possession of the material. Each record required by paragraph (e)(l)(v) of this section must be retained for three years after it is made. (6) Each record of disposal of special nuclear material must be retained until the Commission terminates each license that authorizes the activity that is subject to the recordkeeping requirement. (c) Each licensee who is authorized to possess at any one time special nuclear material in a quantity exceeding one effective kilogram of special nuclear material shall establish, maintain, and follow written material control and accounting procedures that are sufficient to enable the licensee to account for the_ special nuclear material in the licensee's possession under license. The licensee shall retain these procedures until the Commission terminates the 52

[7590-01] license that authorizes possession of the material and retain any superseded portion of the procedures for three years after the portion is superseded. (e) * (1) Maintain procedures that include items listed in paragraphs (e)(l)(i), (ii), (iii), (iv), (v), (vi), and (vii) of this section and retain each record required in these paragraphs for three years after the record is made. (f) * (2) * (v) Documentation in compliance with the requirements of paragraphs (f)(2)(i), (ii), (iii), and (iv) of this section. Each record documenting compliance with these requirements must be retained for three years after it is made. (i)(l) Records which must be maintained pursuant to this part may be the original or a reproduced copy or microform if such reporduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 53

[7590-01]

81.

In§ 70.57, the introductory text of paragraph (b) and paragraphs (b)(2), (3), (4), (6), (7), the introductory text of (8), (11), and (12) are revised to read as follows: § 70.57 Measurement control program for special nuclear materials control and accounting. (b) In accordance with§ 70.58(f), each licensee who is authorized to possess at any one time and location strategic special nuclear material, or special nuclear material of moderate strategic significance, in a quantity exceeding one effective kilogram and to use such special nuclear material for activities other than those involved in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, those involved in a waste dis-posal operation, or as sealed sources, shall establish and maintain a measure-ment control program for special nuclear materials control and accounting measurements. Each program function must be identified and assigned in the licensee organization in accordance with§ 70.58(b)(2), and functional organizational relationships must be set forth in writing in accordance with § 70.58 (b)(3). The program must be described in a manual which contains the procedures, instructions, and forms prepared to meet the requirements of this paragraph, including procedures for the preparation, review, approval, 9 and prompt dissemination of any program modifications or changes. The licensee shall retain the current program as a record until the Commission terminates the license authorizing possession of the nuclear materials. The licensee's program shall include the following: (2) Provisions must be made for management reviews to determine the adequacy of the program and to assess the applicability of current procedures and for planned audits to verify conformance with all aspects of the program. These reviews and audits must be performed at intervals not to exceed 12 54

[7590-01] months. Audits and reviews must be performed by trained individuals independent of direct responsibility for the receipt, custody, utilization, measurement, measurement quality, and shipment of special nuclear material. The results of reviews and audits* must be recorded and reported to licensee management. The 1icensee shall retain each record of a review or an audit for three years after the record is made. (3) The licensee shall ensure that any person who contracts to perform materials control and accounting measurement services conforms with applicable requirements of paragraphs (b)(4) through (8) and (10) through (12) of this section. Conformance must include reporting by the contractor of sufficient error data to allow the licensee to calculate bias corrections and measurement limits of error. All statistical studies must be reported or references in the measurement report submitted to the licensee, who shall have access to the con-tractor1s supporting control data. The licensee shall perform reviews to determine the adequacy of the contractor1s program and audits to verify conformance with all aspects of the program. Reviews and audits must be performed at intervals not to exceed 12 months. The results of reviews and audits must be documented and reported to licensee management. The licensee shall retain the record of the results of the licensee review and audit of the contractor1s program for three years after the record is made. (4) In order to ensure that potential sources of sampling error are identified and that samples are representative, process and engineering tests must be performed using well characterized materials to establish or to verify the applicability of existing procedures for sampling special nuclear materials and for maintaining sample integrity during transport and storage. The licensee shall record the results of the above process and engineering tests and shall maintain those results as a record for as long as that sampling systems is in use and for three years following the last such use. The program must ensure that such procedures are maintained and followed, and that sampling is included in the procedures for estimating biases, limits for systematic errors, and random error variances. 55

[7590-01] (6) To ensure the adequacy of each measurement system with respect to process flows, sampling and measurement points, and nominal material compo-sitions, engineering analyses and evaluations must be made of the design, installation, preoperational tests, calibration, and the operation of each system. These analyses and evaluations must be repeated whenever a significant change is made in any component of a system. The licensee shall record the results of these analyses and evaluations and retain these records for three years after the life of the process or equipment. (7) Procedures and performance criteria must be established for the training, qualifying, and periodic requalifying of all personnel who perform sampling and measurements for materials control and accounting purposes. The licensee shall retain as a record the results of personnel qualification or requalification for three years after the record is made. (8) The program must generate current data on the performance of measur-ing processes, including, as appropriate, values for bias corrections and their uncertainties, random error variances, limits for systematic errors, and other parameters needed to establish the uncertainty of measurements pertaining to materials control and accounting. The program data must reflect the current process and measurement conditions existing at the time the control measurements are made. The licensee shall record this data and retain this record for three years after the record is made. Measurements which are not controlled by the program may not be used for materials control or for accounting proposes. The program must include: (ll)(i) The licensee shall establish and maintain a statistical control system, including control charts and formal statistical procedures, designed to monitor the quality of each type of program measurement. The licensee shall retain a copy of the current statistical control system as a record until the Commission terminates each license that authorizes possession of the material that the system affects and shall retain copies of such system documents for previous inventory periods as a record for three years after they are replaced. 56

[7590-01] (ii) Control chart limits must be established to be equivalent to levels of significance of 0.05 and 0.001. Whenever control data exceed the 0.05 con-trol limits, the licensee shall investigate the condition and take corrective action in a timely manner. The licensee shall record the results of these investigations and actions and retain each record for three years after the record is made. Whenever the control data exceed the 0.001 control limits, the measurement system that generated the data must not be used for material control and accounting purposes until the deficiency has been corrected and the system has been brought into control at the 0.05 control level. (12) The licensee shall provide a records system in which all data, infor-mation, reports, and documents generated by the measurement control program must be retained for three years. Records must include a summary of the error data utilized in the limit of error calulations performed for each material balance period. The records system must be organized for efficient retrieval of program information. Each reported result must be readily relatable to the original measurement data *and to all relevant measurement control information, including ,pertinent calibration data. Records must be available for NRC inspection.

82.. In § 70. 58, paragraphs (b)(3), (e), (f), (h), and (j) and the introductory text of paragraphs (i) and (k) are revised to read as follows:

§ 70.58 Fundamental nuclear material controls. (b) * (3) Material control and accounting functional and organizational relationships must be set forth in writing in job descriptions, organizational 1directives, instructions, procedure manuals, etc. This documentation must include position qualification requirements and definitio~s of authorities, responsibilities, and duties. Delegations of material control and accounting 57

[7590-01] responsibilities and authority must be in writing. The licensee shall retain this documentation as a record until the Commission terminates each license that authorizes the activity that is subject to retention of the documentation, and if any portion of the documentation is superseded, retain the superseded material for three years after each change. (e) A system must be established, maintained, and followed for the measurement of all special nuclear material received, produced, or transferred between MBAs, transferred from MBAs to ICAs, on inventory, or shipped, discarded, or otherwise removed from inventory and for the determination of the limit of error associated with each such measured:quantity except for plutonium-beryllium sources; samples that have been determined by other means to contain less than 10 grams U-235, U-233, or plutonium each; and reactor-irradiated fuels involved in research, development, and evaluation programs in facilities other than irradiated-fuel reprocessing plants. The system must be described in writing and provide for sufficient measurements to substantiate the quantities of element and isotope measured and the associated limits of error. The licensee shall record the required measurements and associated limits of error and shall retain any record associated with this system for three years after the record is made. (f) A program must be established, maintained, and followed pursuant to§ 70.57(b) for the continuing determination and control of the systematic and random errors of measurement processes at a level commensurate with the re-quirements of§ 70.51(e)(5). The licensee shall retain each completed record required by the program for three years after the record is made. (h) A system of storage and internal handling controls must be established, maintained, and followed to provide current knowledge of the identity, quantity, and location of all special nuclear material contained within a plant in discrete items and containers. The licensee shall include 58

[7590-01] procedures as specified in§ 70.51(e)(l) and retain any record associated with the procedures for six months after the record is made; (i) Procedures for special nuclear material scrap control must be estab-lished, maintained, and followed to limit the accumulation and the uncertainty of measurement of these materials on inventory. The licensee shall retain a copy of the current procedures as a record until the Commission terminates each license that authorizes the activity that is subject to the retention of pro-cedures and, if any portion of the procedures is superseded, retain the superseded portion for three years after each change. Such procedures must include: (j) Physical inventory procedures must be established, maintained, and followed so that special nuclear material balance and their measurement uncer-tainties can be determined on the basis of measurements in compliance with the material balance and inventory requirements and criteria specified in§ 70.51. The licensee shall retain a copy of the current procedures as a record until the Commission terminates each license that authorizes the activity that is subject to the retention of procedures and, if any portion of the procedures is superseded, retain the superseded portion for three years after each change. (k) A system of records and reports must be established, maintained, and followed that will provide information sufficient to locate special nuclear material and to close a measured material balance around each material balance area and the total plant, as specified in§ 70.51. As required by§ 70.51, the licensee shall retain the records associated with this system for three years after the records are made. This system must include: 59

[7590-01] PART 71 - PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

83.

The authority citation for Part 71 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

84.

In§ 71.1, the existing paragraph is designated (a), the section heading is revised, and a new paragraph (b) is added to read as follows: § 71.1 Communications and records. (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for pro-ducing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

85.

Section 71.91 is revised to read as follows: § 71.91 Records. (a) Each licensee shall maintain for a period of three years after ship-ment a record of each shipment of licensed material not exempt under§ 71.10, showing, where applicable: 60

[7590-01] (1) Identification of the packaging by model number; (2) Verification that there are no significant defects in the packaging, as shipped; (3) Volume and identification of coolant; (4) Type and quantity of licensed material in each package, and the total quantity of each shipment; (5) For each item of irradiated fissile material: (i) Identification by model number and/or serial number; (ii) Irradiation and decay history to the extent appropriate to demon-strate that its nuclear and thermal characteristics comply with license conditions; and (iii) Any abnormal or unusual condition relevant to radiation safety. (6) Date of the shipment; (7) For Fissile Class III and for Type B packages, any special controls exercised; (8) Name and address of the transferee; (9) Address to which the shipment was made; and (10) Results of the determinations required by§ 71.87 and by the condit-ions of the package approval. (b) The licensee shall make available to the Commission for inspection, upon reasonable notice, all records required by this part. Records are valid only if stamped, initialed, or signed and dated by authorized personnel or otherwise authenticated. (c) Each licensee shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by§ 71.85; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results monitoring work performance and materials analyses; and results of mainten-ance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability and the action taken in connection with any defic-iencies noted. The records must be retained for three years after the life of the packaging to which they apply. 61

[7590-01]

86.

In§ 71.97. paragraphs (c)(4), (e), and (f)(2) are revised to read as fol lows: § 71.97 Advance notification of shipment of nuclear waste. (c) * (4) The licensee shall retain a copy of the notification as a record for three years. (e) Revision notice. A licensee who finds that schedule information previously furnished to a governor or governor's designee in accordance with this section will not be met, shall telephone a responsible individual in the office of the governor ~f the State or of the governor's rlesignee and inform that individual of the extent of the delay beyond the schedule originally reported. The licensee shall maintain a record of the name of the individual contacted for three years. (f) * (2) The licensee-shall state in the notice that it is a cancellation and shall identify the advance notification which is being cancelled. The licensee sha 11 retain a copy of the notice as a record for three years.

87.

In§ 71.101, ~aragraph (b) is revised to read as follows: Subpart H-Quality Assurance § 71.101 Quality assurance requirements. 62

[7590-01] (b) Each licensee shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of§§ 71.101 through 71.137 of this subpart and satisfying any specific provisions that are applicable to the licensee 1s activities, including procurement of packaging. The licensee shall apply each of the applicable criteria in a graded approach, i.e., to an extent that is consistent with its importance to safety.

88.

In§ 71.105, paragraph (a) is revised to read as follows: § 71.105 Quality assurance program. (a) The licensee shall establish, at the earliest practicable time, "consistent with the schedule for accomplishing the activities, a quality assur-ance program that complies with the requirements of§§ 71.101 through 71.137 of this subpart. The licensee shall document the quality assurance program by written procedures or instructions and shall carry out the program in accordance with those procedures throughout the period during which packaging is used. The licensee shall identify the material and components to be covered by the quality assurance program, the major organizations participating in the program, and the designated functions of these organizations.

89.

Section 71.135 is revised to read as follows: § 71.135 Quality assurance records. The licensee shall maintain sufficient written records to describe the activities affecting quality. The records must include the instructions, pro-cedures, and drawings required by§ 71.111 to prescribe quality assurance acti-vities *and must include closely related specifications such as required quali-fications of personnel, procedures, and equipment. The records must include ,the instructions or procedures whch establish a records retention program that is consistent with applicable regulations and designates factors such as 63

[7590-01] duration, location, and assigned responsibility. The licensee shall retain these records for three years beyond the date when the licensee last engages in the activity for which the quality assurance program was developed. If any portion of the written procedures or instructions is superseded, the licensee shall retain the superseded material for three years after it is superseded. PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS

90.

The authority citation for Part 73 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

91.

In§ 73.24, paragraph (b)(l) is revised to read as follows: § 73.24 Prohibitions. (b) * (1) The licensee shall confirm and log the arrival at the final destina-tion of each individual shipment and retain the log for three years from the date of the last entry in the log. The licensee shall also schedule shipments to ensure that the total quantity for two or more shipments in transit at the same time does not equal or exceed the formula quantity, or

92.

In§ 73.26, paragraphs (c)(l)(ii) and (2), the introductory text of paragraph (d)(3), and paragraphs (d)(4) and (e)(l) are revised to read as follows: § 73.26 Transportation physical protection systems, subsystems, components, and procedures. 64

[7590-01] (c) (1) (ii) The shipment must be protected at all times within the geographical limits of the United States as provided in this section and§§ 73.25 and 73.27. The licensee shall retain each record required by these sections for three years after the close of period for which the licensee possesses the special nuclear material under each license authorizing the licensee to ship this mate-rial, and superseded material for three years after each change. (2) A licensee who exports a formula quantity of strategic special nuclear material shall comply with the requirements of this section and§§ 73.25 and 73.27, as applicable, up to the first point where the shipment is taken off the transport outside the United States. The licensee shall retain each record required by these sections for three years after the close of period for which the licensee possesses the special nuclear material under each license authoriz-ing the licensee to export this material, and superseded material for three years after each change. (d) (3) The licensee or the licensee's agen~ shall establish, maintain, and follow a written management system to provide for the development, revision, implementation, and enforcement of transportation physical protection procedures. The licensee or the agent shall retain as a record the current management system for three years after the close of period for which the licensee possesses the special nuclear material under the license for which the system was developed and, if any portion of the system is superseded, retain the superseded material for three years after each change. The system shall include: (4) Neither the licensee nor the licensee's agent shall permit an indivi-dual to act as an escort or other security organization member unless the individual has been trained, equipped, and qualified to perform each assigned 65

[7590-01] security job duty in accordance with Appendix B, of this part, "General Criteria for Security Personnel." Upon the request of an authorized repre-sentative of the Commission, the licensee or the agent shall demonstrate the ability of the physical security personnel to carry out their assigned duties and responsibilities. Armed escorts shall requalify in accordance with Appendix B to this part at least every 12 months. Each requalification must be documented. The licensee or the agent shall retain documentation of the initial qualification for the term of employment and of each requalification as a record for three years from the date of the requalification. (e) Contingency and Response Plans and Procedures. (1) The licensee or the licensee's agent shall establish, maintain, and follow a written safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to strategic special nuclear material in transit subject to the pro-visions of this section. This safeguards contingency plan must be in accordance with the criteria in Appendix C to this part, "Licensee Safeguards Contingency Plan. 11 The licensee or the agent shall retain the contingency plan as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the plan is used and superseded material for three years after each change.

93.

In§ 73.37, paragraphs (b)(2), (b)(5), and the introductory text of paragraph (b)(3) are revised to read as follows: § 73.37 Requirements for physical protection of irradiated reactor fuel in transit. (b)

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[7590-01] (2) Include and retain a copy of current procedures for coping with cir-cumstances that threaten deliberate damage to a spent fuel shipment and with other safeguards emergencies as a record for three years after the close of per- ~od for which the licensee possesses the special nuclear material under each license for which the procedures were developed and, if any portion of the proce-dures is superseded, retain the superseded material for three years after each change. (3) Include instructions for each escort and retain a copy of the current instructions as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license that author-izes the activity that requires the instruction and retain any superseded mate- 'rial for three years after each change.. The instructions must direct that, upon detection of the abnormal presence of unauthorized persons, vehicles, or vessels in the vicinity of a spent fuel shipment or upon detection of a deliberately induced situation that has the potential for damaging a spent fuel shipment, the escort will: (5) Provide for maintenance of a written log by the escorts and communi-cations center personnel for each spent fuel shipment, which will include information describing the shipment and significant events that occur during the shipment, and will be available for review by authorized NRC personnel for a period of at least three years following completion of the shipment.

94.

In§ 73.40, paragraphs (b), (c)(2), and (d) are revised to read as follows: § 73.40 Physical protection: General requirements at fixed sites. (b) Each licensee subject to the requirements of§§ 73.20, 73.45, 73.46, 73.50, 73.55, or§ 73.60 shall prepare a safeguards contingency plan in 67

[7590-01] accordance with the criteria set forth in Appendix C to this part. The licensee shall retain the current plan as a record until the Commission terminates the license for which the plan was developed and, if any portion of the plan is superseded, retain the superseded material for three years after each change. The safeguards contingency plan must include plans for dealing with threats, thefts, and radiological sabotage relating to nuclear facilities licensed under Part 50 or to the possession of special nuclear material licensed under Part 70 of this chapter. Each licensee subject to the requirements of this paragraph shall submit to the Commission for approval the first four categories of infor-mation contained in the safeguards contingency plan. (The first four cate-gories of information, as set forth in Appendix C to this part, are Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix. The fifth category of information, Procedures, does not have to be submitted for approval.) 1 The plan becomes effective and must be followed by the licensee 30 days after approval by the Commission. (c) * (2) Detailed procedures developed according to Appendix C to this part available at the licensee's site. The licensee shall retain a copy of the current procedures as a record until the Commission terminates the license for which the procedures were developed and, if any portion of the procedures is superseded, retain the superseded material for three years after each change, and (d) The licensee shall provide for the implementation, revision, and maintenance of this safeguards contingency plan. To this end, the licensee 1Licen~ees subject to§ 73.55 may modify their physical security plans to incor-porate contingency plan information specified in Appendix C to this part. A physical security plan that contains all the information required in both § 73.55 and Appendix C to Part 73 satisfies the requirement for a contingency plan. 68

[7590-01] shall provide for a review at least every twelve months of the safeguards contingency plan by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program. The review must include a review and audit of safeguards contingency procedures and practices, an audit of the security system testing and mainte-nance program, and a test of the safeguards system along with commitments established for response by local law enforcement authorities. The results of the review and audit, along with recommendations for improvements must be docu-mented, reported to the licensee's corporate and plant management, and kept available at the plant for inspection for a period of three years from the date of the review or audit.

95.

In§ 73.46, paragraphs (b)(3)(i), (b)(4), (d)(3), (d)(l0), (d)(13), (h)(l), and (h)(2) are revised to read as follows: § 73.46 Fixed site physical protection systems, subsystems, components, and procedures. (b) * (3) * (i) Written security procedures that document the structure of the secur-ity organization and detail the duties of guards, watchmen, and other individuals responsible for security. The licensee shall retain a copy of the current pro-cedures as a record until the Commission terminates the license for which they were developed and, if any portion of the procedures is superseded, retain the superseded material for three years after each change; (4) The licensee may not permit an individual to act as a guard, watchman, armed response person, or other member of the security organization unless the individual has been trained, equipped, and qualified to perform each assigned 69

[7590-01] security job duty in accordance with Appendix B to this part 11General Criteria for Security Personnel. 11 Upon the request of an authorized representative of the Commission, the licensee shall demonstrate the ability of the physical secu-rity personnel, whether licensee or contractor employees, to carry out their assigned duties and responsibilities. Each guard, watchman, armed response person, or other member of the security organization, whether a licensee or contractor employee, shall requalify in accordance with Appendix B to this part at least every 12 months. This requalification must be documented. The lic-ensee shall retain the documentation of each requalification as a record for three years after the requalification. (d) (3) The licensee shall establish and follow written procedures that will permit access control personnel to identify those vehicles that are authorized and those materials that are not authorized entry to protected, material access, and vital areas. The licensee shall retain a copy of the current procedures as a record until the Commission terminates each license for which the procedures were developed and, if any portion of the procedures is superseded, retain the superseded material for three years after each change. (10) Before exiting from a material access area, containers of contam-inated wastes must be drum scanned and tamper sealed by at least two individ-uals, working and recording their findings as a team, who do not have access to material processing and storage areas. The licensee shall retain the records of these findings for three years after the record is made. (13) Individuals not permitted by the licensee to enter protected areas without escort must be escorted by a watchman or other individual designated by the licensee while in a protected area and must be badged to indicate that an 70

[7590-01] escort is required. In addition, the individual shall be required to register his or her name, date, time, purpose of visit and employment affiliation, citi-zenship, and name of the individual to be visited in a log. The licensee shall retain each log as a record for three years after the last entry is made in the log. (h) * (1) The licensee shall have a safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the strategic special nuclear material and nuclear facilities subject to the provisions of this section. Safeguards contingency plans must be in accordance with the criteria in Appendix C to this part, 11 Licensee Safeguards Contingency Plans. 11 Contingency plans must include, but need not be limited to, the response requirements in paragraphs (h)(2) through (h)(5) of this section. The licensee shall retain a copy of the current safeguards contingency plan as a record until the Commission terminates the license and, if any portion of the plan is superseded, retain the superseded material for three years after each change. (2) The licensee shall establish and document response arrangements that have been made with local law enforcement authorities. The licensee shall retain documentation of the current arrangements as a record until the Commission terminates each license requiring the arrangements and, if any arrangement is superseded, retain the superseded material for three years after each change.

96.

In§ 73.50, paragraphs (a)(3) and (4), (c)(5), and (g)(l) and (2) are revised to read as follows: § 73.50 Requirements for physical protection of licensed activities. 71

[7590-01] (a) * (3) The licensee shall establish, maintain, and follow written security procedures that document the structure of the security organization and detail the duties of guards, watchmen, and other individuals responsible for security. The licensee shall retain a copy of the current procedures as a record until the Commission terminates each license for which the procedures were developed and, if any portion of the procedures is superseded, retain the superseded material for three years after each change. (4) The licensee may not permit an individual to act as a guard, watch-man, armed response person, or other member of the security organization unless the individual has been trained, equipped, and qualified to perform each assigned security job duty in accordance with Appendix B, 11General Criteria for Security Personnel, 11 to this part. Upon the request of an authorized represen-tative of the Commission, the licensee shall demonstrate the ability of the physical security personnel to carry out their assigned duties and responsibi-lities. Each guard, watchman, armed response person, and other member of the security organization shall requalify in accordance with Appendix B to this part at least every 12 months. This requalification must be documented. The licensee shall retain the documentation of each requalification as a record for three years after the requalification. (c) * (5) Individuals not employed by the licensee must be escorted by a watch-man, or other individual designated by the licensee, while in a protected area and must be badged to indicate that an escort is required. In addition, the licensee shall require that each individual not employed by the licensee register his or her name, date, time, purpose of visit, employment affiliation, citizen-ship, name and badge number of the escort, and name of the individual to be visited. The licensee shall retain the register of information for three years after the last.entry is made in the register. Except for a driver of a delivery or service vehicle, an individual not employed by the licensee who requires 72 I

[7590-01] frequent and extended access to a protected area or a vital area need not be escorted if the individual is provided with a picture badge, which the individ-ual must receive upon entrance into the protected area and return each time he or she leaves the protected area, that indicates (i) nonemployee-no escort required, (ii) areas to which access is authorized, and (iii) the period for which access has been authorized. (g) Response requirement. (1) The licensee shall have a safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the special nuclear material and nuclear facilities subject to the provisions of this section. Safeguards contingency plans must be in accordance with the criteria in Appendix C to this part, "Licensee Safeguards Contingency Plans." The licensee shall retain a copy of the plan and each change to the plan as a record until the Commission terminates each license for which the plan was developed and retain the superseded materials for three years after each change. (2) The licensee shall establish and document liaison with law enforcement authorities. The licensee shall retain the documentation of the current liaison as a record until the Commission terminates each license for which the liaison was developed and, if any portion of the liaison documen-tation is superseded, retain the superseded material for three years after each change.

97.

In§ 73.55, paragraphs (b)(l) and (3)(i) and (ii) and (4), (d)(G), and (h)(2) are revised to read as follows: § 73.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage. 73

[7590-01] (b) Physical Security Organization. (1) The licensee shall establish a security organization, including guards, to protect his facility against radio-logical sabotage. If a contract guard force is utilized for site security, the licensee's written agreement with the contractor that must be retained by the licensee as a record for the duration of the contract will clearly show that (i) the licensee is responsible to the Commission for maintaining safeguards in accordance with Commission regulations and the licensee's security plan, (ii) the NRC may inspect, copy, and take away copies of all reports and documents required to be kept by Commission regulations, orders, or applicable license conditions whether the reports and documents are kept by the licensee or the contractor, (iii) the requirement in paragraph (b)(4) of this section that the licensee demonstrate the ability of physical security personnel to perform their assigned duties and responsibilities, includes demonstration of the ability of the contractor's physical security personnel to perform their assigned duties and responsibilities in carrying out the provisions of the Security Plan and these regulations, and (iv) the contractor will not assign any personnel to the site who have not first been made aware of these responsibilities. (3) * (i) Written security procedures that document the structure of the security organization and detail the duties of guards, watchmen, and other individuals responsible for security. The licensee shall maintain a copy of the current procedures as a record until the Commission terminates each license for which the procedures were developed and, if any portion of the procedure is superseded, retain the superseded material for three years after each change. (ii) Provision for written approval of these procedures and any revisions to the procedures by the individual with overall responsibility for the security functions. The licensee shall retain each written approval as a record for three years from the date of the approval. (4)(i) The licensee may not permit an individual to act as a guard, watchman armed response person, or other member of the security organization unless the individual has been trained, equipped, and qualified to perform each assigned security job duty in accordance with Appendix B, "General Criteria for Security Personnel," to this part. Upon the request of an authorized representative 74

[7590-01] of the Commission, the licensee shall demonstrate the ability of the physical security personnel to carry out their assigned duties and responsibilities. Each guard, watchman, armed response person, and other member of the security organization shall requalify in accordance with Appendix B to this part at least every 12 months. This requalification must be documented. The licensee shall retain the documentation of each requalification as a record for three years after the requalification. (ii) Each licensee shall submit a training and qualifications plan out-lining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and qualified to ensure that these individuals meet the requirements of this paragraph. The licensee shall maintain a current copy of the training and qualifications plan as a record until the Commission terminates each license for which the plan was developed and, if any portion of the plan is superseded, retain the material that is superseded for three years after each change. The training and qualifications plan must include a schedule to show how all secu-rity personnel will be qualified two years after the submitted plan is approved. - The training and qualifications plan must be followed by the licensee 60 days after the submitted plan is approved by the NRC. (d) * (6) Individuals not authorized by the licensee to enter protected areas without escort shall be escorted by a watchman or other individual designated by the licensee while in a protected area and shall be badged to indicate that an escort is required. In addition, the licensee shall require that each individual register his or her*name, date, time, purpose of visit, employment affiliation, citizenship, and name of the individual to be visited. The licensee shall retain the register of information for three years after the last entry in the register. (h)

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[7590-01] (2) The licensee shall establish and document liaison with local law enforcement authorities. The licensee shall retain documentation of the current liaison as a record until the Commission terminates each license for which the liaison was developed and, if any portion of the liaison documenta-tion is superseded, retain the superseded material for three years after each change.

98.

In§ 73.67, the paragraphs (c)(l); (d)(ll); (e)(3)(iv), (e)(5), and (e)(6)(i), and the introductory text to (e)(4); (f)(4); and (g)(3)(i), (g)(4), and (g)(5)(i) are revised to read as follows: § 73.67 Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance. (c) * (1) Submit a security plan or an amended security plan describing how the licensee will comply with all the requirements of paragraphs (d), (e), (f), and (g) of this section, as appropriate, including schedules of implementation. The licensee shall retain a copy of the effective security plan as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the original plan was submitted. Copies of superseded material must be retained for three years after each change. (d)

• 76

[7590-01] (11) Establish and maintain written response procedures for dealing with threats of thefts or thefts of these materials. The licensee shall retain a copy of the response procedures as a record for the period during which the licensee possesses the appropriate type and quantity of special nulcear material requiring this record under each license for which the original procedures were developed and, for three years thereafter. Copies of superseded material must be retained for three years after each change. (e) * (3) * (iv) Establish and maintain written response procedures for dealing with threats of thefts or thefts of this material. The licensee shall retain a copy of the current response procedures as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the original procedures were developed and copies of superseded material must be retained for three years after each change. (4) Each licensee who arranges the physical protection of strategic special nuclear material in quantities of moderate strategic significance while in transit or who takes delivery of this material free on board (f.o.b.) the point at which it is delivered to a carrier for transport shall comply with the requirements of paragraphs (e)(l), (2), and (3) of this section. The licensee shall retain each record required by paragraphs (e)(l), (2), (3), and (4)(i) and (ii) of this section for three years after close of period licensee 77

[7590-01] possesses special nuclear material under each license that authorizes these licensee activities. Copies of superseded material must be retained for three years after each change. In addition, the licensee shall -- (5) Each licensee who exports special nuclear material of moderate stra-tegic significance shall comply with the requirements specified in paragraphs (c) and (e)(l), (3), and (4) of this section. The licensee shall retain each record required by these sections for three years after the close of period for which the licensee possesses the special nuclear material under each license that authorizes the licensee to export this material. Copies of superseded e material must be retained for three years after each change. (6) Each licensee who imports special nuclear material of moderate strategic significance shall -- (i) Comply with the requirements specified in paragraphs (c) and (e)(2), (3), and (4) of this section. The licensee shall retain each record required by these sections for three years after the close of period for which the li-censee possesses the special nuclear material under each license that authorizes the licensee to import this material. Copies of superseded material must be retained for three years after each change. (f) * (4) Establish and maintain response procedures for dealing with threats of thefts or thefts of this material. The licensee shall retain a copy of the current response procedures as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the procedures were established. Copies of superseded material must be ret~ined for three years after each change. 78

[7590-01] (g) * (3) * (i) Establish and maintain response procedures for dealing with threats or thefts of this material. The licens~e shall retain a copy of the current response procedures as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the procedures were established. Copies of superseded material must be retained for three years after each change. (4) Each licensee who exports special nuclear material of low strategic significance shall comply with the appropriate requirements specified in para-graphs (c) and (g)(l) and (3) of this section. The licensee shall retain each record required by these sections for three years after the close of period for which the licensee possesses the special nuclear material under each license that authorizes the licensee to export this material. Copies of superseded material must be retained for three years after each change. (5) * (i) Comply with the requirements specified in paragraphs (c) and (g)(2) and (3) of this section and retain each record required by these paragraphs for three years after the close of period for which the licensee possesses the special nuclear material under each license that authorizes the licensee to import this material. Copies of superseded material must be retained for three years after each change.

99.

Section 73.70 is revised to read as follows: 79

[7590-01] § 73.70 Records. Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall main-tain adequate safeguards against tampering with and loss of records. Each licensee subject to the provisions of§§ 73.20, 73.25, 73.26, 73.27, 73.45, 73.46, 73.55, or 73.60 shall keep the following records: (a) Names and addresses of all individuals who have been designated as authorized individuals. The licensee shall retain this record of currently designated authorized individuals for the period during which the licensee pos-sesses the appropriate type and quantity of special nuclear material requiring this record under each license that authorizes the activity that is subject to the recordkeeping requirement and, for three years thereafter. Copies of superseded material must be retained for three years after each change. (b) Names, addresses, and badge numbers of all individuals authorized to have access to vital equipment or special nuclear material, and the vital areas and material access areas to which authorization is granted. The licensee shall retain the record of individuals currently authorized this access for the period during which the licensee possesses the appropriate type and quan-tity of special nuclear material requiring this record under each license that authorizes the activity that is subject to the recordkeeping requirement and, for three years thereafter. Copies of superseded material must be retained for three years after each change. (c) A register of visitors, vendors, and other individuals not employed by the licensee pursuant to§§ 73.46(d)(l), 73.55(d)(6), or §73.60. The 80

[7590-01] licensee shall retain this register as a record for three years after the last entry is made in the register. (d) A log indicating name, badge number, time of entry, and time of exit of all individuals granted access to a vital area except those individuals entering or exiting the reactor control room. The licensee shall retain this log as a record for three years after the last entry is made in the log. (e) Documentation of all routine security tours and inspections, and of all tests, inspections, and maintenance performed on physical barriers, intru-sion alarms, communications equipment, and other security related equipment used pursuant to the requirements of this part. The licensee shall retain the documentation for these events for three years from the date of documenting each event. (f) A record at each onsite alarm annunciation location of each alarm, false alarm, alarm check, and tamper indication that identifies the type of alarm, location, alarm circuit, date, and time. In addition, details of response by facility guards and watchmen to each alarm, intrusion, or other security incident shall be recorded. The license shall retain each record for three years after the record is made. (g) Shipments of special nuclear material subject to the requirements of this part, including names of carriers, major roads to be used, flight numbers in the case of air shipments, dates and expected times of departure and arrival of shipments, verification of communication equipment on board the transfer vehicle, names of individuals who are to communicate with the transport vehicle, container seal descriptions and identification, and any other information to confirm the means utilized to comply with§§ 73.25, 73.26, and 73.27. This information must be recorded prior to shipment. Information obtained during the course of the shipment such as reports of all communications, change of shipping plan, including monitor changes, trace investigations, and others must also be recorded. The licensee shall retain each record about a shipment required by this paragraph (g) for three years after the record is made. 81

[7590-01] (h) Procedures for controlling access to protected areas and for control-ling access to keys for locks used to protect special nuclear material. The licensee shall retain a copy of the current procedures as a record until the Commission terminates each license for which the procedures were developed and, if any portion of the procedure is superseded, retain the superseded material for three years after each change. 100. In Appendix B to Part 73, Section I.C, E, and F and II.A, B, C, and E, and the introductory text to Section IV are revised to read as follows: APPENDIX B - GENERAL CRITERIA FOR SECURITY PERSONNEL Criteria I. C. Medical examinations and physical fitness qualifications--Guards, armed response personnel, armed escorts and other armed security force members shall be given a medical examination including a determination and written certification by a licensed physician that there are no medical contraindica-tions as disclosed by the medical examination to participation by the individ-ual in physical fitness tests. Subsequent to this medical examination, guards, armed response personnel, armed escorts and other armed security force members shall demonstrate physical fitness for assigned security job duties by perfor-ming a practical physical exercise program within a specific time period. The exercise program performance objectives shall be described in the licensee training and qualifications plan and shall consider job-related functions such as strenuous activity, physical exertion, levels of stress, and exposure to the elements as they pertain to each individual's assigned security job duties for both normal and emergency operations. The physical fitness qualification of each guard, armed response person, armed escort, and other security force member shall be documented and attested to by a licensee security supervisor. 82

[7590-01] The licensee shall retain this documentation as a record for three years from the date of each qualification. E. Physical requalification--At least every 12 months, central alarm station operators shall be required to meet the physical requirements of B.l.b of this section, and guards, armed response personnel, and armed escorts shall be required to meet the physical requirements of paragraphs B.1.b (1) and (2), and C of this section. The licensee shall document each individual's physical requalification and shall retain this documentation of requalification as a record for three years from the date of each requalification. F. Documentation--The results of suitability, physical, and mental qualifications data and test results must be documented by the licensee or the licensee's agent. The licensee or the agent shall retain this documentation as a record for three years from the date of obtaining and recording these results. II. Training and Qualifications. A. Training requirements--Each individual who requires training to per-form assigned security-related job tasks or job duties as identified in the licensee physical security or contingency plans shall, prior to assignment, be trained to perform these tasks and duties in accordance with the licensee or the licensee's agent's documented training and qualifications plan. The licensee or the agent shall maintain documentation of the current plan and retain this documentation of the plan as a record for three years after the close of period for which the licensee possesses the special nuclear material under each license for which the plan was developed and, if any portion of the plan is superseded, retain the material that is superseded for three years after each change. B. Qualification requirements--Each person who performs security-related job tasks or job duties required to implement the licensee physical security or 83

[7590-01] contingency plan shall, prior to being assigned to these tasks or duties, be qualified in accordance with the licensee's NRC-approved training and quali-fications plan. The qualifications of each individual must be documented and attested by a licensee security supervisor. The licensee shall retain this documentation of each individual's qualifications as a record for three years after the employee ends employment in the security-related capacity and for three years after the close of period for which the licensee possesses the special nuclear material under each license, and superseded material for three years after each change. C. Contract personnel--Contract personnel shall be trained, equipped, and qualified as appropriate to their assigned security-related job tasks or job duties, in accordance with sections II, III, IV, and V of this appendix. The qualifications of each individual must be documented and attested by a licensee security supervisor. The licensee shall retain this documentation of each individual's qualifications as a record for three years after the employee ends employment in the security-related capacity and for three years after the close of period for which the licensee possesses the special nuclear material under each license, and superseded material for three years after each change. E. Requalification--Security personnel shall be requalified at least every 12 months to perform assigned security-related job tasks and duties for both normal and contingency operations. Requalification shall be in accordance with the NRC-approved licensee training and qualifications plan. The results of requalification must be documented and attested by a licensee security super-visor. The licensee shall retain this documentation of each individual's requalification as a record for three years from the date of each requalification. IV. Weapons Qualification and Requalification Program. Qualification firing for the handgun and the ri.fle must be for daylight firing, and each individual shall perform night firing for familiarization with 84

[7590-01] assigned weapon(s). The results of weapons qualification and requalification must be documented by the licensee or the licensee's agent. Each individual shall be requalified at least every 12 months. The licensee shall retain this ~ocumentation of each qualification and requalification as a record for three years from the date of the qualification or requalification, as appropriate. PART 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL 101. The authority citation for Part 74 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). 102. In§ 74.31, the existing text of paragraph (d) is redesignated as (d)(l) and paragraph (d)(2) is added to read as follows: § 74.31 Nuclear material control and accounting for special nuclear material of low strategic significance. (d) Recordkeeping. (2) Records which must be maintained pursuant to this part may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. 85

[7590-01] The licensee shall maintain adequate safeguards against tampering with and loss of records. PART 75 - SAFEGUARDS ON NUCLEAR MATERIAL -- IMPLEMENTATION OF US/IAEA AGREEMENT 103. The authority citation for Part 75 is revised to read as follows: AUTHORITY: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(0)). 104. The heading for§ 75.6 is revised and a new paragraph (e) is added to read as follows: § 75.6 Maintenance of records and delivery of information, reports, and other communications. (e) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required reten-tion period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 86 7

[7590-01] 105. In § 75.12, l)aragrapns (b)(l) and (4) are revised to read as follows: § 75.12 Communication of infonnation to IAEA. (b)(l) A licen~ 111ily request that information of particular sensitivity, which it customarily nolds in confidence, not be transmitted physically to the IAEA. A licensee who makes such a request should, at the time the information is submitted, identify the pertinent document or part thereof and make a full statement of the *reasons supporting the request. The licensee shall retain a copy of the request and all documents related to the request as a record until the Commission tenninates tne license for each installation involved with the request or until the Commission* notifies the licensee that the licensee is no longer under the-agrff!Dent. Superseded material must be retained for three years after each change is made. (4) If a request is granted, the Commission will determine a location where the information will remain readily available for examination by the IAEA and will so inform the licensee. The licensee shall retain this information as a record until the*Connnission terminates the license for the installation involved with the*'.T-equest or until the Commission notifies the licensee that the licensee is no-longer under the agreement. Superseded material must be retained for thr-ee-years after each change is made. 106. In § 75.n, paTagTaph' (a) is revised to read as follows: § 75.21 General requirements. (a) Each licensee.who has been giveri notice by the Commission in writing that its install:ati~n-.bas been identified under the Agreement shall establish, 87

[7590-01] maintain, and follow written material accounting and control procedures. The licensee shall retain as a record current material accounting and control procedures until the Commission terminates the license for the installation involved with the request or until the Commission notifies the licensee that the licensee is no longer under the agreement. Superseded material must be retained for three years after each change is made. PART 95 - SECURITY FACILITY APPROVAL AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA 107. The authority citation for Part 95 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). 108. Section 95.11 is revised to read as follows: § 95.11 Specific exemptions. The Commission may, upon application of any interested party, grant an exemption from the requirements of Part 95. Exemptions will be granted only if they are authorized by law and will not constitute an undue risk to the common defense and security. The licensee shall retain the documentation related to the request, notification, and processing of an exemption for three years beyond the period covered by the exemption. 109. Section 95.13 is revised to read as follows: § 95.13 Maintenance of records. (a) Each licensee or organization granted security facility approval under this part shall maintain records prescribed within the part. These records are subject to review and inspection by NRC representatives during security surveys. 88

[7590-01] (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that they copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout.the required retention period. The record may also be stored in electronic media with the capability for pro-ducing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. 110. In§ 95.25, paragraphs (a)(3),.and (h) are revised to read as follows: § 95.25 Protection of national security information and restricted data in storage. (a) * (3) When protective personnel are used, physical checks of security con-tainers must be made as soon as possible after the close of each normal workday and at least once every eight hours thereafter during non-working hours. The licensee shall record the results of these checks and retain each record for three years after it is made. (h) Unattended security container found opened: In the event that an unattended security container housing classified matter is found unlocked, the custodian or an alternate shall be notified immediately. The container must be secured by protective personnel and the contents inventoried as soon as pos-s.i bl e but not later than the next workday. A report reflecting a 11 act ions taken must be submitted to the responsible Regional Office (see Appendix A, 10 CFR Part 73 for addresses) with an information copy to the NRC Division of 89

[7590-01] Security. The licensee shall retain records pertaining to these matters for three years after completion of final corrective action. § 95.33 [Amended] 111. Section 95. 33 is amended by changing 11one year" to "three years" in the last sentence. 112. In§ 95.37, paragraph (i) is revised to read as follows: § 95.37 Classification and preparation of documents. (i) Document which custodian believes is improperly classified or lacking appropriate classification markings. If a person receives a document which, in his or her opinion, is not properly classified, or does not have appropriate classification markings, he or she shall immediately notify the sender and sug-gest to the originator the classification which he believes to be appropriate. Whenever requested, this challenge of classification marking must be handled in a manner which will ensure the anonymity of the challenger. Pending final determination of proper classification, the document must be safeguarded in accordance with the procedures required for the highest classification in ques-tion. Where unauthorized disclosure may have occurred, a report in accordance with§ 95.57 of this part is required. These reports must be retained for three years after final corrective action has been taken. § 95.41 [Amended] 113.Section 95.41 is amended by changing 11two years" to "three years" in the last sentence. 114. Section 95.47 is revised to read as follows: 90

[7590-01] § 95.47 Destruction of matter containing national security information and/or restricted data. Documents containing National Security Information and/or Restricted Data may be destroyed by burning, pulping, or another method that ensures complete destruction of the information which they contain. The method of destruction must preclude recognition or reconstruction of the classified information. Any doubts on methods should be referred to the NRC Division of Security. If the document contains Secret National Security Information and/or Restricted Data a record of the subject or title, document number, if any, originator, its date of origination, its series designation and copy number, and the date of destruction must be signed by the person destroying the document and must be maintained in the office of the custodian at the time of destruction. These destruction records must be retained for three years after destruction. PART 110 - EXPORT AND IMPORT OF NUCLEAR FACILITIES AND MATERIALS 115. The authority citation for Part 110 continues to read as follows: AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). 116. In§ 110.53, paragraph (b) is revised to read as follows: § 110.53 United States address, records, and inspections. (b)(l) Each licensee shall maintain records concerning his exports or imports. The licensee shall retain these records for five years after each export or import except that byproduct material records must be retained for three years after each export or import. (2) Records which must be maintained pursuant to this part may be the original or a reproduced copy or microform if such reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by 91

[7590-01] Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. Dated at Rockville,Maryland, this.;day of md,i,1, 1988. For the Nucl~ory Commission. for Operations. 92

. a.,.. .,..,r~iJi:lf'J" ~ OCKET NUMBER PR *, 1-*!R / ~ ~~ ROPOSED RULE_ -4r/f.e,,,r-5:c_(!V (5~ F£ 414-4:z.) WASHINGTON PUBLIC POWER SUPPLY SYSTEI'm)cKETE0 I,.., P.O. Box 968

• 3000 George Washington Way
• Richland, Washington 99352 January 5, 1988 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Attention: Docketing and Service Branch

Subject:

PROPOSED RULE - RETENTION PERIODS FOR RECORDS "88 JAN 11 P2 :16 .OFF!CE OF SECt\\ttAHY OOCKfTING & SEflVICf BRANCH The Supply System has reviewed this proposed rulemaking and finds that, while the intent of the Commission to clarify and simplify the record retention requirements of its regulations is commendable, this proposed* rule does not entirely meet that goal in its present form. The lack of clearly drawn definitions for terms such as "legible" and "authenticated" is a defect in the rule as now proposed. With out definitions for terms such as these the proposed rule has the potential to create substantial confusion as licensees and the NRC staff attempt to determine what is or is not acceptable. The four specific uni form retention periods do not take into consideration ANI/MAELU Information Bulletin 80-lA. The Nuclear Liability Insurance Records identified in this bulletin are considered essential to claim evaluation, and as such, must be maintained (retained) for the life of the nuclear liability insurance policy, plus the subsequent 10 years. This apparent deviation will have to be resolved because it affects such a large volume of records. The Nuclear Information and Records Management Association Regulations Committee is currently working on this bulletin with ANI and other appropriate oversight committees. Additionally, we note that Item 66 of the proposed rule change, regarding Section 50.49(d) contains revised wording that would apparently make this section redundant with existing Section 50.49(j). In the "Supplementary Information" section of the proposed rule, the NRC has stated its intent to issue a Generic Letter which would provide guidance to

• licensees for revising their Technical Specifications to conform with the rule.

It is our understanding that formal Technical Specification amendments would not be required in order to accomplish this. In the event that formal amendments are required, we recommend that the NRC waive the normal fee requirement, as such a change would be required for the sole purpose of bringing the Technical specifications in line with the revised rule.

J. S. NUCI.E/*,P, r.'.i:GUI f-.10RY coMMlSSIO'N DOCK~T\\,':G f', (:-i".1:CF. SECTION o*,;:'.'.:.:' r::. -,;;,_ ;.:::ti<:[:iARY ?ostrn~*r'-: r-,:c :.., Copi.::, -., *,...., Add' I C _,:.

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Secretary of the Commission U.S. Nuclear Regulatory Commission PROPOSED RULE - RETENTION PERIODS FOR RECORDS Page Two Finally, we note that Regulatory Guide 10.1 has not been updated since October 1981 (revision 4). This is a relatively long period of time considering the continuing evolution of NRC record-keeping requirements. The importance of keeping adequate and appropriate records is a fact of life for most NRC licensees, especially utilities which own nuclear power plants. Record-keeping requirements are levied on utilities not only by NRC, but by State law, State regulators, and the Nuclear Insurance Industry. Any effort by NRC to clarify and simplify its requirements in this field is more than welcome. However, the absence of an up-to-date single source of reference for all NRC record-keeping requirements works against successful achievement of those goals. We would urge the Commmi ssi on to seriously consider con sol i dating its records requirements to a single location within the regulations. The advantages of this approach would include a reduced burden on NRC when updating or revising these requirements, el imi nation of redundancies and possible conflicting requirements, imp roved ability to compare and contrast NRC requirements among document types, state requirements and industry standards, and last but not least there would be a reduced burden on licensees when assessing the impact of proposed changes or attempting to implement existing requirements. Thank you very much for this opportunity to participate in the NRC I s rul emaki ng process. The Supply System supports the NRC in its efforts to clarify and simplify its record-keeping requirements. Should you have any questions regarding this matter please feel free to contact me. Very truly yours, ,;/<:__ /2..,,,,,__ .7"/ G. C. c:, Manager Regulatory Programs sek

Detroit Edison

8. Ralph Sylvia Group Vice President 6400 North Dixie Highway Newport, Michigan 48166 (313) 586-4150

~ JAN -5 P2 :47 The Secretary of the Commission

u. s. Nuclear Regulatory Commission Washington, D. c. 20555 Attention:

References:

Docketing and Service Branch 1} Fermi 2 NOC Docket No. 50-341 NOC License No. NPF-43 December 30, 1987 NIC-87-027 4 2} Proposed Rule on Retention Period for Records (Federal Register, Vol. 52 No. 208, dated C:Ctober 28, 1987}

Subject:

Detroit Edison's Cormnents on the Proposed Rule on The Retention Period for Records The Nuclear Regulatory Commission has proposed to amend its regulations to establish various retention periods for a variety of records (Reference 2}

• The proposed amendments were the results of a review of the NOC record keeping requirements to determine how long the required records should be retained. The proposals are intended to reduce the overall record keeping burden, establish a definite retention period for each record that is required to be maintained, and provide a uniform standard acceptable to the NRC for the condition of a record throughout each specified retention period. The proposed rule would amend regulations in nineteen parts of Title 10 to require that certain records in these parts be retained for specific periods.

With the exception of one six month retention period, uniform retention periods of three years, five years, ten years or the life of the component, activity, area or facility are proposed to signify the system for retaining NRC records. cut of these particular four periods, three coincide with the retention periods for quality assurance records and the fourth, coincides with the period of retention of records covered by Technical Specifications. Detroit Edison Company would like to make the following cornrrents on the proposed rule.

1. Amendments that affect 10CFR73. 55 and 73. 70 would require increasing retention periods for many records from one to three years. Retaining these records for an additional two years would

U. 5. NUCU:AR rU:C(fL_.\\-;-r:,,~y CO.",lt-AISS(O]SJ DOCKET:r<::: L ::,F,(/iC~' Sl\\:noN OFFi(:t:* r-.,;: 1 **,c:

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Secretary of the Commission December 30, 1987 N!C-87-0274 Page 2 not increase the effectiveness of the Physical Security Program, rather it would only burden the organizations by increasing the volume of many records by 300 percent. The following records fall into this category. o Requalification Records o Visitor Registers o Local Law Enforcement Agency Liaison Letters o Name and Addresses of Authorized Personnel o Access Control Logs o Routine Inspections and Tours o Alarm History Data

2. The proposed rule does not provide firm guidelines regarding which records may be required in the future to support plant life extension or re-licensing of nuclear power plants. Do these amendments take this into consideration?

3. It is not clear what is meant by a "reproduced copy"? Does the proposed rule eliminate optical disk or magnetic storage for life of plant records?

4. The proposed rule does not provide enough guidelines regarding what is meant by "capable of producing a clear copy". Does this mean capable of producing a clear copy of necessary information, and does this allow utilization of the "best available copy" concept?

5. The proposed rule does not provide clear guidelines regarding records retention for the update final safety analysis reports.

If you have any questions, please contact Mr. Girija Shukla at (313) 586-4270. cc: Mr. A. B. Davis Mr. E. G. Greenman Mr. w. G. Rogers Mr. R. s. Scott Mr. J. J. Stefano USNOC Region III

I \\ 123 Main Street Whit.e Plains, New York 10601 914 681.6240 DOCKET NUMBER ~lil PROPOSED RULE n,- 4, I I 6 f,,,_,t {8):Jl) {_ ~ Z. fF,i,4 l..f4z) 23 ~ DOCKETED usNRC ,. NewVorkPower ., Authori1y -g JAN -4 All :52 December 31, 1987 JPN-87-062 IPN-87-062 U. s. Nuclear Regulatory Commission Attn. Docketing and Service Branch Washington, D. c. 20555

Subject:

James A. FitzPatrick Nuclear Power Plant Docket No. 50-333 Indian Point 3 Nuclear Power Plant Docket No. 50-286 Comments on NRC Proposed Rule on Record Retention Periods for Records John C:. 1Bro1111s Executive Vice President Nuclear Generation

Reference:

1. FEDERAL REGISTER, Vol. 52, No. 208, dated October 28, 1987 regarding proposed Tule on retention periods for records (52 FR 41442).

Dear Sir:

The NRC published a proposed rule on recordkeeping requirements in Reference 1. The New York Power Authority has reviewed the new rule and detailed comments are included as Attachment 1. The recordkeeping requirements in Title 10 are among the most difficult portions of the Code of Federal Regulations (CFR) to fully comprehend. Spread throughout 10 CFR, the rule uses inconsistent terminology with retention periods that vary in insignificant ways for no apparent reason. A new rule to eliminate this complexity and improve consistency is certainly warranted. The recently proposed rule falls short of this goal. Despite its attempt to reduce the quantity of records that must be retained, actual reductions are unlikely. The rule does not recognize that microfilm is commonly used for archival record storage. For practical purposes, the destruction of one microfilm record is impossible. While retention periods may have been shortened, they are

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ineffectual in reducing the volume of microfilm records. The changes proposed do not improve the rule's comprehensibility. Retention requirements are still distributed throughout Title 10. Common requirements must be consolidated and standardized. Complex administrative controls are still necessary to implement the revised rule. Any benefits of reduced quantity are overshadowed by the administrative effort to implement them. Simply stated, it's easier to archive everything than to determine what should and should not be retained. The recently published proposed rule is a good first attempt to remedy some of the rule's problems. Despite these changes, the proposed changes are ineffective in reducing record volume and the rule remains inconsistent and complex. Should you or your staff have any questions concerning these comments, please contact Mr. J. A. Gray, Jr. of my staff. Very truly yours, t-~

• J n C. Brons Ee tive Vice President Nuclear Generation cc: u. s. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, Pennsylvania 19406 Mr. Harvey Abelson Project Directorate I-1 Division of Reactor Projects - I/II U. s. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethseda, Maryland 20014 Office of the Resident Inspector U. S. Nuclear Regulatory Commission P.O. Box 136 Lycoming, New York 13093.

cc: (cont'd) Mr. Joseph D. Neighbors, Sr. Project Manager Division of Reactor Projects I/II U. s. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethseda, Maryland 20014 Resident Inspector's Office Indian Point Unit 3 U. s. Nuclear Regulatory Commission P.O. Box 377 Buchanan, New York 10511

Attachment No. 1 to JPN-87-o62/IPN-87-o62 NEW YORK POWER AUTHORITY James A. FitzPatrick Nuclear Power Plant Indian Point 3 Nuclear Power Plant comments on Proposed Rule for Record Retention Periods as Published in 52 FR 41442, October 28, 1987

1. Reduced Record Quantity The records retention rule defines "trigger circumstances" for determining how. long any one record need be retained.

The Authority already maintains a large and diverse record collection in support of its two nuclear power plants. Designing, implementing, _and maintaining a system to accommodate the wide variety of trigger circumstances defined in the proposed rule would be complex and not cost effective. In some cases, these trigger circumstances are external events not evident from the record itself. For example, the "date final action is taken on the matter" may be determinable only after extensive research. The cost of research and the large quantity of records involved precludes anything but cursory research. Another example is 11 3 years after the information becomes superseded." A record with this type of retention schedule might be a treated as "life of plant" record because superseding material, in many cases, is not issued as a revision to the original report. The number of these "trigger circumstances" should be reduced and they should be standardized using more easily determined criteria. I Like the NRC and many other licensees, the Authority uses microfilm for archival record storage. Microfilming is low in cost and complies with record integrity requirements. Microfilm also provides an economical method for reducing the volume of records and record distribution. The proposed rule does not seem to consider this common practice. For all intents and purposes, individual microfilm records cannot be destroyed. Destruction is only practical when an entire sheet or roll can be destroyed. The alternative is to defer filming records until the "trigger circumstances" are defined (or occur) and then photograph records with a common destruction date on a single microfilm roll or sheet. This too is impractical. A record, current and active.today, could be superseded ten times during the next ten years - or, it might never be revised. Under the proposed rule, the retention period for many records could be as little as 3 years or as long as plant life. To assure compliance with the proposed rule, these records would be

treated as a plant lifetime record and the quantity would not be reduced.

2. Consistent Terminology Despite attempts to use consistent terminology in the proposed rule, terminology varies in several places.

The proposed rule's language regarding "superseded material" and "changes to plans" varies and should be made consistent throughout the multi-part rule. For example, section 70.22(g) (3) of the proposed rule establishes retention requirements for safeguards contingency plans "and each change to the plan." Section 73.26(e) (1) also establishes retention requirements for safeguards contingency plans but does not mention changes to the plan, instead referring to "superseded material."

3. Consolidate Common Requirements Requirements common to more than one type of record should be stated in only one part of the rule.

Other parts should refer to that "generic" part of the rule. For example, requirements regarding record _legibility ("Each record required by this part must be legible throughout the retention period *** ") should be stated in one part and referenced everywhere else. This change alone would significantly reduce the complexity of the rule.

4. Consistent Retention Schedules Although generic records are defined for more than one license type, retention requirements vary by license type.

The Authority is unsure if these variations are intentional. Consideration should be given to establishing one retention period for each type of record. For example, the retention period for safeguards contingency plans varies depending upon whether the special nuclear material is in transit or at a fixed location. (Appendix c to 10 CFR 73 defines the form and content of a safeguards contingency plan for both conditions.) Proposed 10 CFR 73.26(e) (1) specifies a retention period of "three years after close of period licensee possesses special nuclear material" for a safeguards contingency plan while 10 CFR 73.40(b) specifies that the plan be retained "until the Commission terminates the license."

5. Companion Publications The effectiveness of any changes to reduce the burden of recordkeeping will depend on the quality of the companion publications - Regulatory Guides and NUREGS.

These publications must consolidate essential elements of the final rule in a clear, useful form if the final rule is to actually reduce the recordkeeping burden. This is especially true for the records addressed in 10 CFR 50.7l(c).

6. Technical Specifications Supplementary information in the FEDERAL REGISTER notice stated that the proposed rule will "take precedence over and supersede any conflicting requirements in the technical specifications."

The notice also described plans to issue guidance on how to amend technical specifications to conform to the proposed rule. Record retention requirements do not belong in the technical specifications - technical specifications should be oriented towards assuring safe plant operation. The types of recordkeeping addressed in this rule are typically assigned to administrative rather than plant operations personnel. Plant operations personnel have prime responsibility for safe plant operation. Many recordkeeping requirements are common to all technical specifications. The Authority compared the record retention requirements in technical specifications for its two nuclear plants, and one other power reactor with the NRC's standard technical specifications for boiling water reactors. Approximately eighty-percent of the recordkeeping requirements in these four samples are very similar, if not identical. Record retention requirements common to power reactor technical specifications should be deleted and incorporated in any new proposed record retention rule. Any technical specification change to be applied to all power reactor licensees should also be incorporated into the NRC's Technical Specification Improvement Program.

Nuclear Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555

Dear Mr. Chilk:

• aa JAN -4 P 2 :40 OFFH:~ OF $[1,1,L fAt*. ':'

00CKE1 ING & SEi<VICL BRANC~ December 30, 1987 5200-87 -02 37 GPU Nuclear Corporation One Upper Pond Road Parsippany, New Jersey 07054 201-316-7000 TELEX 136-482 Writer's Direct Dial Number:

Subject:

Request for Comments on NRC Proposed Rule on the Retention Periods for Records The staff of GPU Nuclear Corporation herewith submits comments on the subject proposed rule. Comments were requested in a October 28, 1987 Federal Register notice (52 FR 41442). As a general comment, we concur with the NRC's intent to establish a standardized system for record retention but believe that there are two points that should be addressed. The proposed rule states that the Backfit Rule does not apply since the "proposed rule is purely administrative in nature." However, the proposed rule adds new record retention requirements to various sections of 10 CFR Part

50.

If the proposed rule is approved, licensees may have to revise the implementing procedures to reflect these new record retention requirements. Thus, GPU Nuclear believes that the NRC should re-evaluate the applicability of 10 CFR 50.109, "Backfitting," to this proposed rule. Pursuant to the above comment, if the rule is approved, the Commission should allow an appropriate period of time [e.g., at least six (6) months] from the time of approval to the effective date to allow licensees sufficient time to modify the relevant procedures and documents. JRT:RPJ:lt 5970f L __ _ _ Sincerely, t~t:-

Director, Licensing & Regulatory Affairs

\\cKnov!ledg<.!d by ci

J rd). I.".,

~ *11 *.. 1981 GPU Nuclear Corporation is a subsidiary of General Public Utilities Corporation

I

DOCKET NUMBER Dff Minf PROPO~ED RULE r, -4,_--l~l-e:f d;Z. ([j) [52 F£, 414~:z.). r::::, t)O(;_K£TE C! AirTransport Association 1!:!!:J oF AM BA~ 1709 New York AvenllJ NtlC 31 Pl :27 Washington, DC 20006-5206 Phone (202) 626-4000 .1 QfFIC~ Of s:rnt Af\\ 00Ct(El1NG & SEfWICf. 8RANCli December 29, 1987 The Secretary of the Commission Attn: Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

NRC Recordkeeping Requirements Retention Period NPRM Gentlemen: ATA members who responded to your request for comments expressed no objections to what is proposed. Sincerely, Vern w. Ballenger Assistant Vice President - Engineering & Maintenance

DOCKET NU 11 ER PRO O --4,J/ e,-6!<,{ij) LAW0FFICES ( 5'2 r-£ 4144:z, J DOC TH '1/ BISHOP, COOK, PURCELL & REYNOL". ' C I 1200 SEVENTEENTH STREET, N.W. WASHINGTON, D.C. 20036-3006 (202> 857-s000 "87 1EC 29 AlO 52 WRITER"S DIRECT DIAL ~Ei..nl: fAf., r _ tt I(; f TELEX: 440574 INTLAW UI t; * 'tELECOPIER: (202) 857*9946 December 28, 1987 Mr. Samuel J. Chilk Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch Subj: NRC Proposed Rule on Retention Periods for Licensee's NRC Records

Dear Mr. Chilk:

The following comments are submitted on behalf of Arkansas Power & Light Company, Consolidated Edison Company, Duke Power Company, Florida Power Corporation, Pacific Gas & Electric Company, System Energy Resources, Inc., TU Electric, and the Washington Public Power Supply System. On October 28, 1987, the Commission published a proposed rule that would amend NRC regulations in 10 C.F.R. Chapter 1 to establish a definite retention period for each record that an NRC licensee or license applicant is required to retain. 52 Fed. Reg. 41442. With one exception,1/ the proposed rule would establish four standard retention periods -- three years, five years, ten years, or the life of the relevant facility, activity, component, or area -- applicable to NRC records. These would supersede all existing retention periods currently set forth in NRC regulations and would, in a number of cases, impose specific retention periods where none currently exist. The rule would also specify a uniform standard for the condition of a record, requiring that any record, whether an original, a reproduced copy or a microfiche, be "legible throughout the retention period specified by each Commission regulation." 1/ 10 C.F.R. § 70.58(h) would contain a six-month retention period.

r

Mr. Samuel J. Chilk December 28, 1987 Page 2 We commend this effort to the extent that the Commission would clarify and simplify the record retention requirements with which NRC licensees and applicants must comply. The use of standard retention periods, recommended by the Nuclear Information and Records Management Association (NIRMA) on the basis of industry input, appear to be generally well conceived.l/ In particular, the Commission's proposal of a specific retention period (typically three years or the duration of the license) for 139 records that must now be retained indefinitely, plus four other reductions of retention periods by two years, will reduce the recordkeeping burden currently imposed upon NRC licensees and applicants. We therefore support this aspect of the amendment. However, we cannot support the Commission's proposal to increase the record retention period in some 53 instances. We recognize the Commission's position that the additional burden in this regard would be slight,}/ and its view that the increases will be offset by the contemplated decrease in the retention periods for 143 other records. The critical inquiry, however, is whether such increased retention periods are justified with respect to all of these 53 cases, regardless of how "slight" the Commission considers the resulting increase in licensee time and expense. We urge the NRC to review its initial determination in these instances, and reassess whether such an increased retention period is warranted in every one of these 53 cases. As proposed, the provisions of this rule would supersede any conflicting existing requirements found in licensees' technical specifications. The Commission proposes to distribute a generic letter that would provide guidance to NRC licensees in revising their technical speci f ications to conform with the rule. 52 Fed. Reg. 41442. It is our understanding that the Commission does not intend to require that licensees formally amend their tech specs in order to reflect new tech spec record retention periods. Such a requirement (viz., that formal tech spec amendment requests be filed on every docket) would entail unnecessary time, effort and ll Three of the uniform periods coincide with the retention periods for quality assurance records in 10 C.F.R. Parts 50 and 71; the fourth period coincides with the retention period for records covered by technical specifications. 52 Fed. Reg. 41442. 1/ In 41 cases the retention period would be increased by one year, in 10 cases it would be increased by two years, in one case it would be increased by two and a half years, and in one case it would be increased by three years. 52 Fed. Re g. 41443.

Mr. Samuel J. Chilk December 28, 1987 Page 3 expense on the part of NRC licensees as well as the NRC Staff. Rather, we understand that licensees will be able to comply with the rule simply by making "pen and ink" changes to their tech specs.!/ Assuming that the Commission proposes to use this simpler mechanism to effect the necessary tech spec changes, we support this aspect of the proposed rule. To preclude possible confusion on this point, we urge the Commission to clarify this matter in the Statement of Considerations to the final rule. With respect to the proposed "legibility" requirement, we believe the Commission should recognize that in some instances the originals of records may be only partially legible (for example, due to illegible handwriting) at the time they are received by a licensee's recordkeeping department. It may not be feasible (or necessary in order to satisfy NRC requirements) for the licensee's recordkeeping personnel to re-trace such records to their source and order that they be prepared again. Accordingly, we urge that the term "legibility" be defined in the final rule so as to clarify that a "best efforts" standard on the part of the licensee, taking into account the intended use of the record, will satisfy the "legibility" requirement. Finally, we do not read this proposed rule as taking any clear position on the acceptability of electronic storage of licensee records. As you may know, some NRC power reactor licensees are currently considering the use of this type of storage, either with or without hard copy backup. (Some licensees may already use computer storage.) The final rule should contain language clarifying that the use of electronic storage for maintaining licensee records will satisfy the NRC record retention requirement. Respe !/ NRC precedent for this procedure is found at 51 Fed. Reg. 40306 (Nov. 6, 1986), which sets forth revisions to 10 C.F.R. § 50.4.

DOCKET NUMBER R ~ PROPOSED RULE -4. II e-tL:-( -~~ {ff~ F~ 4 14-1-t} consumers Power POWERINli MICHlliAN"S l'ROliRESS General Offices: 1945 West Parnall Road, Jackson, Ml 49201 * (517) 788-1 December 22, 1987 Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing and Service Branch DOC. ETEP USNRC -r, IEC 29 AS:44 FtCE Ji-5 CRL T i. CKETING srnvtcf. BRAtCH CONSUMERS POWER COMPANY COMMENTS ON THE PROPOSED RULE - "RETENTION PERIODS FOR RECORDS" Kenneth W Berry Director Nuclear Liceming Consumers Power Company is pleased to offer the following comments on the proposed rule "Retention Periods for Records" as published in the Federal Register on October 28, 1987 (52 FR 41442). Based on a review of the proposed rule by knowledgeable individuals, Consumers Power Company agrees with the general i ntent and scope of the proposed rule to provide uniform standards for document retention periods. However based on our review, Consumers Power Company suggests t hat the following clarification and additional information be provided in the final rule:

1.

The final rule should make clear that the retention periods specified in the rule are minimum requirements. Individual licensees should be allowed to specify retention periods that exceed the minimum requirements specified by the rule based solely on the needs of the individual licensee.

2.

Because implementation of the final rule may require changes to a significant number of plant procedure and documents, other than the plant Technical Specifications, Consumers Power Company suggests that the final rule be published sufficiently in advance of the effective date of the final rule to allow the necessary changes to be made. OC1287-0031S-NL01 JAN 4 1988 car

~-------------- - Cof.' Add'.. 1 r

3.

Some individuals within Consumers Power Company, who have reviewed the proposed change, have expressed a concern that because of the large number of changes involved, and the fact that these changes are scattered through out 10 CFR, it is possible that a requirement for document retention could be overlooked. Therefore, Consumers Power Company suggests the addition, in the final rule, of a cross referenced list to the document retention requirements within the whole of 10 CFR. The cross reference should list the applicable Part and Section within 10 CFR and the retention requirement. The cross reference described above would provide all licensees with assurance that the applicable retention requirements are known and are reflected in the applicable licensee documents. ~~~- ('\\ -A Kenneth W Berry ~' Director, Nuclear Licensing CC Executive Vice President, Energy Supply OC1287-0031S-NL01 2

TROY B.CO NNER,JB, MARK J. WETTERHAHN ROBERT M. RADER N ILS N. N ICHOLS BERNHARD O. B ECHHOEFER O P COUNS EL PROPOSED RU LE -4, I I e,Td.. ~ DOCKET NUMBER _/_ (f) (5-tF/4 41442.). LAW O FFIC ES DOC: [TEO CONNER & WETTERHAHN, P.C. U RC 174 7 PENNSYLVAN I A AVENUE, N. W. WA S H INGTON, D.C. 2 0 006 -a7 CEC 28 P2 :20 D mb 28 1987 FFIC£ Of 5 ece er DOCKET I G SE <VICF ,2021 s33.3isoo B NCH CABLE ADDRESS: ATOMLAW Samuel J. Chilk, Secretary United States Nuclear Regulatory Commission Washington, D. C. 20555 Re: Proposed Rule Amending Recordkeeping Requirements, 52 Fed. Reg. 41442 (October 28, 1987)

Dear Mr. Chilk :

The NRC has proposed to amend its regulations regarding recordkeepi ng requirements to establish uniform and specific retention periods for each recordkeeping requirement. 5 2 Fed. Reg. 41 442 (October 28, 1987). On behalf of Gulf States Utilities, we offer the following comments. In general, we agree with this effort to reduce recordkeeping requirements. We believe, however, that the Commission ' s efforts can be enhanced by adopting, rather than postponing, a reduction in the c urrent lifetime recordkeeping requirements under 10 C. F. R. Part 20. The Commission has stat ed in its proposed rule that an amendment to Part 20 was excluded because its many record retention requirements are under revision in a separate rulemaking. In our view, the pendency of the Part 20 rulemaking, which covers more than two dozen disparate areas of substantive change, should not be a basis for delaying the specific reform being achieved for recordkeeping re-quirements in other regulations. As you are aware, the Part 20 rulemaking has been formally in progress for t wo years. 50 Fed. Reg. 51992 (December 20, 1985), republished, 51 Fed. Reg. 1092 (January 9, 1986). Our latest infor mation is that the NRC Staff does not intend to present the Commission with its latest version of the rule until late summer 1988 and the Commission will not take action until the fall. Therefore, even under the best of circumstances, at least another year will be unnecessarily lost. ckno11led~ed by card -.**. lr.rl!:?

I u s. N D /OS~ S/2 1-/n,

Samuel J. Chilk December 28, 1987 Page 2 We therefore strongly recommend that the proposed rules be amended to include the recordkeeping changes already proposed under Part 20 (51 Fed. Reg. at 1117) to provide immediate and uniform relief regarding recordkeeping requirements. The next area of reform should be to permit the utilization of electronic media as substitute for hard copy "records" as defined by the rules. As you are aware, this is a matter of considerable importance to nuclear utilities and has been one of the principal points raised by industry groups. State of the art technology in recordkeeping by electronic media is certainly far enough advanced at this stage to be practically applied and would result in considerable savings to the industry. It would also vastly enhance safe storage and prompt retrieval of information. To our knowledge, the main concerns raised about the use of electronic media have been authentication of documents and assurance against tampering. We believe that guidelines for sufficient safeguards could be established by the NRC to assure the integrity of the information. Utilities could be required to prepare detailed procedures to assure integrity of information stored on electronic media. Reliable methods for safe storage are well established. Banking, credit and other industries which utilize electronic media for recordkeeping simply could not survive if required to maintain hard copies on file. Certainly, the techniques adopted by these and other private or governmental entities could be successfully employed by the NRC. In conclusion, we are gratified by the action being taken by the Commission to reduce recordkeeping requirements and we believe that greater savings and efficiency can be achieved by incorporating within the proposed rule our suggestions for Part

20.

In a subsequent

phase, recordkeeping by electronic media should be permitted.

Mark J. Wetterhahn sdd

Florida Power CORPORATION December 22, 1987 3F1287-24 Mr. Sanuel J. Chilk Secretary of the camnission U.s. Nuclear Regulatoey Ccmnission ~, o.c. 20555 DOCKET NUMBER PR. **-,.~*, ;~ PROPOSED RULE -~ e. (jj C 52. t:=£ 4 !44;t.) OOC.:KE iE£.i USHRC T1 llC 28 Alt :14 OFF!C£ OF ~-£ Ci,t. : Ati Y DOCKETING & SEilVICf. BRANCH Attention: DocketinJ arrl Service Branch SUbject: Crystal River Unit 3 Docket No. 50-302 OperatinJ License No. DPR-72 camments on Proposed Rule on Retention Periods for Records

Dear Sir:

Florida Power Corporation (FFC) has :revieowed. the pi:q>oSE!d rule issued in 52FR41442 (Octd:>er 28, 1987), whidl -would amern regulations in nineteen parts of Title 10 to require that certain records in these parts be retained for specific periods. FFC takes this opp::>rbmity to provide conunents on the subject document:

1.

FFC believes the Ccmni.ssion shool.d state in the statenent of Considerations to the final rule that fonnal Technical Specification Amemments will not be required to :i.nplenent these chan;Jes. We urxierstarrl the staff interxis to allow "pen arrl ink" chan;Jes to cxmfonn the Tedmical Specifications to the new retention period requiremants, without the need for filinJ fonnal ainerrlmant requests. '!he final rule should make this point very clear. "Pen arrl ink" chan;Jes to licenses or Tedmical Specifications have been allowed previously. See Final Rule: cama.mication Procedures Ane'rlments, 51FR40303 (November 6, 1986). Post Office Box 219

• Crystal River, Florida 32629
• Telephone (904) 795-3802 A Florida Progress Company ~ckn f dg :1 tJy w.Jfd
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DO-.., T 0 r Or Do..... Pos!rna *k [), tc C Pits R Ad 'I C ~peck. (;,&, ~~,, r,

Deoeni)er 22, 1987 3Fl287-24

2.

FPC believes that the statement of Considerations for the final nll.e sha.ll.d discuss the applicability of 10CFR170 fees to the suJ:rnittal of Tedmical Specification changes. Since the changes are to be the result of NRC actions, the licensee should not be responsible for any part 170 fees incurred in the review of the Technical Specifications of other licensee plans which are suJ:rnitted for review urrler this nll.e. Please cx>ntact this office if you have any questions or conunents. Sincerely, {(2~ E.C. Sinp;on, Director Nuclear Operations Site SUWC,rt

Sec1e;ary of the Commission USNRC Washinqton, D. C. DOCKET NUMBER PR I RROPOS£D RUlf - *~-// tJ!d.@ (5'.2. Pi 4 /44.t Marvin.[. Lewis OtK(ii:C' USN C 17 IIC 23 Pl :47 OFFICt OF 5-~H 1 h 'f 00CM£1 ING 5EHVICF. BRANCl-t 7801 Roosevelt Boulevard#62 Phila., PA 19152 A Plense accept t:l,P-so commr:ffits, and, evise the P1*c,pc*=:ed Rule W,:*ncern1nq "Retention Periods fc11-Records" i:lpprc,p1-iately. The reduction of many retention of record requirements to three years invites cheating, criminal activity, and ignoring rules which are sot up to protect the public. Any criminal or thinking person knows that the problem with cheating, criminal activity, c,r any anti*-socail actic,n is that eventJally ypu will be caught. Here we have a win-win situation for the criminal. All you have to do is hide your misdeed for three years. Any 1d1ot could do that. NDt only ls tt1is an invitation for the crimin~l who might want to hide a diversion of Eource material for what ever purpDse: sale to third world medical facilities, divers1011 tor polilJcal or te11 u, 1stic purpo~es, or attempts to fake output to 1:han;:1e for 11ndeliv1::1ed prc,duct; but also an i11vitaticin tc, thost** wtrn erred hor,estJy.. lhis has ac:t11ally been the cas.e. Ii-radiation planb:; have spi l le*d product in N.,J. and -~ te.1mpte:-d to c:ovei up. If records need c,nJ y be kept fc,r three ~rs, they ~,ic,u]d have gc,tten aHay with the subterfuge. The lc,ser would have been the public as the spills would never have been cleaned up. (lfStJRC LicenE?e Ni:.. 29-20777-(>j OrdPr dated Sept. 4,1987.) The exact same situation has occurred with radium for decades. CNY times Oct. 4~ 1987 Paoe 42.) These problems have c,c:c:urr::Jd outside th:i.s c:c,untry alsc,. (Phil.a. Inquirer Oct. 18" 1987. Paqe 12A) Witho11t record, many of these spills and c.c11itt:lm'lnatic,ns ~'1ould never be found. Alec, these cc,ntam1nation!i:: have c,ccurrecl much after a 11censP. vJas granted c,r ceased. ltie Dcpr.'H t-mcmt of Energy 1.s gc,ing :intc, a byprc,d11cts irrad1at1c,n p1*cig,*3m. Pis mr:'.lny as 100 in-"'1dL:1hc,n facilities will opera~e in hJgh pop11lat1on centers. lheee facilities will contain 3,000,(h)O C't cq* mc,n:" of r*ad1ation seiL1rce.. T'he prc,babili"y and h:tstc,ry c:,f d1vel s:iuns is 1.c,ng. In Braz:i J the sc,urce material was div1->1 ted bec::ausi? it* 11 qlc1we:>d pretty." A 3 yca1* retentic,n pf:-.ric,d for l ccc rds \\JC**.1 ld nvj l;e di veffsi c,ns and e;:pc,sures c,f the pub 1 ic. M,;1r1y I hn ~.llll ~\\101 I, 11 irradic.~t1c:ir, t*acilith?s ~-Jill fail tc, i*cali-ze the dariqe1 !:::. lJn n *0d lr'll'..IE!l 1*etention periods. R~srz,sr:? =7~, c 2J 5 ~ 6E'~-i:1 579 Aeknowr a ed c, ra-. 1,1.,/),! lf'7 12-*20-8 7. T ,l-1

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(52-- ~,e 414,1£> DUKE POWER COMPANY ,,l../ P.O. BOX 33189 OOCK[i EC! OHARLOTTE, N.O. 28242 U~NRC HAL B. TUCKER VIOE PRESIDENT NUOLEAR PRODUCTION December 16, 1987 The Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION:

Dear Sir:

Docketing and Service Branch NRC Proposed Rule Retention Periods for Records Duke Power Company Comments W 1EC 23 P3~9 OFFICE vi" :E.Ci<L r r,. OOCKE1 ING,.._ $EfNIC:f. BRANCli TELEPHONE (704) 373-4331 In the Federal Register (52FR41442) dated October 28, 1987, the Nuclear Regulatory Commission published for comment a proposed rule to establish a definite retention period for each record that an NRC applicant or licensee for a materials or facility license is required to maintain. Duke Power recognizes the intent of the subject proposed rule is to establish a uniform standard for the retention of licensee records pursuant to numerous parts of Title 10. However, our review indicates that record retention pursuant to 10CFR 50. 54(p) (2) has not been ad-dressed in the proposed rule. It appears that 10CFR 50.54(p)(2) would be revised to the standardized three year period; it is now only two years. Very truly yours, Hal B. Tucker DM/232/jgc Acknowledged by card~~~~

3.

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{_ 5 ~ p!-£_; 4 /4A Z. "> - Telephone (617) 872-8100 -,, -;/ TWX 710-380-7619 YANKEE ATOMIC ELECTRIC COMPANY uou~fN~~u* FYC 87-026 GLA 87-186 (~ 1671 Worcester Road, Fra,Jlgh~ ~ ssfJaOAts 01701 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing and Service Branch Off IC£ Of St l,,,:L IJ..\\l"i ~ OOCKfT1NG & SERVIC:f' BRANCli December 23, 1987

Subject:

Proposed Rule on Retention Periods for Records (52FR41442)

Dear Sir:

Yankee Atomic Electric Company (YAEC) appreciates the opportunity to comment on the subject proposed rule on record retention. YAEC owns and operates a nuclear power plant in Rowe, Massachusetts. Our Nuclear Services Division also provides engineering and licensing services for other nuclear power plants in the Northeast, including Vermont Yankee, Maine Yankee, and Seabrook. We endorse the proposed changes to the record retention requirements of 10 CFR. The Commission's decision to explicitly state and use uniform retention periods will preclude licensees from storing records that in the past have been unnecessarily retained for long periods of time simply because the regulations were conflicting and/or unclear. We find that the retention periods of three years, five years, ten years, or duration of the facility have been appropriately applied to the various components, activities, and facilities of 10 CFR. We have learned that through discussions between the Nuclear Utility Backfitting and Reform Group (NUBARG) and the NRC staff, the NRC intends to allow "pen and ink" changes to conform the Technical Specifications to the new retention periods. In light of the fact that the Commission considers this rule change "purely administrative" in nature and intended the change to represent a reduction in requirements, we urge the Commission to explicitly state in the Statement of Considerations to the final rule that a Technical Specification amendment is not required, and "pen and ink" changes are acceptable. Thank you for the opportunity to comment. J'i;~ Donald w. Edwards Director of Industry Affairs DWE/jac 12/2.F/r?

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DOCKET NUMBER PR PROPOSED RULE ., 4rl-l..e,lu, * @ (52-Fi41../~,t.) - cw) n1RfflA Nuclear Information and Records Ma~~roent Assoc1at1on Inc. Cffi) 210 5th Avenue, New York, N.Y.10010 U')NRC' (212) 683-9221 December 17, 1987 -s7 Ile 21 P4 :22 To: THE SECRETARY OF THE COMMISSION U. S. NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 ATTENTION: DOCKET AND SERVICE BRANCH RE: PROPOSED RULE 11 RETENTION PERIODS FOR RECORDS 11 The Nuclear Information and Records Management Association (NIRMA) would like to thank the Commission for their considerable efforts in the development of the Proposed Rule on 11Retention Periods for Records. 11 NIRMA was pleased to be in a position to assist in the development of this rule. The adoption of this rule will finally standardize records retention across our industry. The NIRMA's Regulations Committee has taken this opportunity to review the Proposed Rule and has identified three areas where it was felt that some clarification or inclusion of additional date was needed:

1.

Records retention for the total Safety Analysis Report (SAR) is not obvious and needs to be addressed.

2.

The general statement, as it appears on the first page of the Proposed Rule dealing with Technical Specifications, "The Requirements in this rule take procedence over and supersedes any conflicting requirements presently in the Technical Specifications, 11 should be specifically addressed in Part 50.36, 11Technical Specifications 11 , and as appropriate, referenced in other 10CFR parts.

3.

The general statement being added to many of the 10CFR parts under 11Maintenance of Records" should be expanded to include the new electronic medias such as computerized records and optical disks, which have become an intricate part of our industries' records management systems. If NIRMA can be of any further assistance or if there is a need to discuss these recommendations, please let us know. Jeronimo Medeiros President Nuclear Information and Records Management Association N IRMA 870026 /Z-1d/f 7 "cknowledged by card.,*..-. I'

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ADVANCED NUCLEAR FUELS CORPORATION 2101 HORN RAPIDS ROAD, PO BOX 130, RICHLAND, WA 99352-0130 (509) 375-8100 TELEX: 15-2878 DOCKET NUMBER . -~* *.. ~~ RROPOSED RULE PR-4 I I ~Id. (i) {5,tF/44144-t) December 10, 1987 U.S. Nuclear Regulatory Commission Attention: Docketing and Service Branch Secretary of the Commission Washington, D.C. 20555 Gentlemen: COMMENTS ON PROPOSED RULE - RETENTION PERIODS FOR RECORDS We have reviewed the proposed rule entitled, "Retention Periods for Records," which was published in the Federal Register in Vol. 52, No. 208 on Wednesday, October 28, 1987. We have reviewed the proposed rule from the standpoint of our meeting the requirements of 10 CFR Parts 70, 71, 73, 74, 75 and 110 in operating our low-enriched uranium fuel fabrication plant. The changes to Parts 73 and 75 do not appear to affect our operation. Changes to Parts 70, 71, 73 and 110 do impact on our operation and are discussed next. The overall impact of the proposed changes to Parts 70, 71 and 110 is that three new recordkeeping requirements are established in paragraphs 70.24(a)(3), 70.42(d) and 71.135(a), and a net increase in retention time is established in paragraphs 70.32(c), 70.22(k), 71.91(a) and 110.53(b). The recordkeeping requirement created in paragraph 70.24(a)(3) to maintain copies of emergency procedures st ems naturally from the original regulation. Thus, the requirement to maintain copies of emergency procedures as long as SNM is handled in an area creates no additional burden. However, the requirement to maintain copies of all superseded portions for three years is an increased burden. Since approval by NRC or notice to NRC of changes to those emergency procedures is not required, we do not understand the precedent for the requirement to maintain copies of changed portions. We recommend that the last sentence of the proposed paragraph 70.24(a)(3) be deleted. The requirement created by the proposed changes to paragraph 70.42(d) for a formal recordkeeping and retention program also represents an additional burden. The existing regulation requires that the licensee verify that each receiver have a valid license (or equivalent authorization) for receipt of the type, form, and quantity of SNM being transferred. To achieve that end, the licensee needs to maintain only sufficient documentation and information to verify each shipment. Any recordkeeping and record retention requirements beyond that end are not necessary. AN AFFILIATE OF KRAFTV-.ERK UNION Q,cwu Acknowledged by car

IJ.S. NI.JC/ R r.t':JJ:/..~.~~y' (oN/.H~~, COCK[ ING ~ ';~"V!n ~ECTl')N OF '(E Cr ll ~ **~:~REP~i !JF,!--1,. I '.S!:"':*I Postmark Add'! C,

• Docketing and Service Branch December 10, 1987 Page 2 Consequently, we do not believe that a formal recordkeeping program is needed.

We recommend that the proposed changes to paragraph 70.42(d) be deleted. The need to maintain written records which furnish evidence of activities affecting quality was previously established in paragraph 71.135(a). However, the proposed changes to paragraph 71.135(a) would establish two new recordkeeping requirements. The first would be a requirement that quality assurance records be retained for three years beyond the date that a licensee last engages in the activity for which a quality assurance procedure was developed. The second new requirement would be the need to retain superseded portions of any written procedures for three years. We believe that records relating to quality should be retained only for the life of the package to which they apply. As a result, we recommend deleting the last two sentences in the proposed paragraph 71.135(a) and replacing them with the statement, "Records pertaining to quality must be retained for the life of the package to which they apply." We call your attention to the record retention periods altered by the proposed changes to paragraphs 7.32(c)(2), 70.22(k), 71.91(a) and 110.53(b). In one case, paragraph 70.32(c)(2), the retention period is reduced from five years to three years. In the other three cases, however, the retention time is increased from two years to three years. While we commend the one reduction from five years to three years, we do not know of a compelling reason for the three cases where the retention times are increased. Cur rent NRC inspect ion frequencies would indicate that retention periods of two years are more than sufficient. As a consequence, we recommend that the current two-year record retention periods for paragraphs 7.22(k), 71.91(a) and 110.53(b) be retained. Of additional concern are the proposed changes to §74.31. The proposed rule would change the substance and nature of the recordkeeping require-ments for §74.31. fhis section is the heart of the performance oriented safeguards criteria developed for the LEU Safeguards Reform Rule. This section includes paragraph 74.31(d) as the performance criterion for recordkeeping. This original performance criterion was used in the prepara-tion of our FNMC Plan which was submitted under paragraph 74.31(b). The recordkeeping requirements of our FNMC Plan were designed to demonstrate that the requirements of 74.31(c) are being met. They are more extensive and also more properly meet the original requirements of paragraph 74.31(d) than the proposed changes. We have been under our new approved Part 74 FNMC Plan since May of 1987. Dur reviewer was not aware of, nor have we heard from our inspectors of any recordkeeping problems which would necessitate changes to §74.31. In accordance with our practices, these organizations are included in the copy coverage of these comments. As a result of the above considerations, we urge that §74.31 not be changed and that original recordkeeping criterion currently stated in paragraph 74.31(d) be retained.

Docketing and Service Branch December 10, 1987 Page 3 Although the increase in the physical recordkeeping burden imposed by the proposed change is not in itself great, the combination of the requirements of any one government agency with the requirements of all other agencies, federal, State and local must be constantly challenged or it becomes unmanageable. We, therefore, encourage you to review your proposal with the goal of achieving a reduction in records of 30 percent. We appreciate this opportunity to participate in the rulemaking process. CWM:jrs cc: EW Brach (NRC - Washington, DC) t-0 Schuster (NRC - Walnut Creek) Sincerely, C. W. Malady, Manager Corporate Licensing

DOCKET NUMBER PROPOSED RULE _ WRIGHT STAlE C 52 F~ 41-44.t.,J Department of Environmental Health and Safety Wright State University Dayton, Ohio 45435 December 4, 1987 The Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: Docketing and Service Branch oou,5£ r i~ 3-2215 USNRC 1I1 rEC -9 P 1 :00 Re: Proposed Rule: Federal Register Vol. 52 No. 208 The concept of limiting the time for retention of records is certainly commendable. For our operation, the dominant period proposed for retention is "three years." Since we have not always had inspections within intervals of three years, I can envisage situations where it would be problematic for us and the inspector if certain records were destroyed shortly before an inspection. I am wondering, therefore, if it would not be more appropriate to designate a retention period of "three years or until the next inspection, whichever is longer." The destruction of records immediately after an inspection seems most appropriate to me. Sincerely yours, fj:;;d, Ph.D. Radiation Safety Officer ETA:mo

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41442 Proposed Rules 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. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 4, 11, 25, 30, 31, 32, 34, 35, 40, 50, 60, 81, 70, 71, 73, 74, 75, 95, and 110 Retention Perlocla tor Records &.Ml!~i ~uclear Regula-tory ~~1ss1on. ACTIOII: ~ rule. SU-ARY: The Nuclear Regulatory Commission (NRC) proposes to amend its regulations as a result of a review of Its recordkeeping requirements to establish *a definite retention period for each record that an NRC applicant or licensee for a tnaterials or facility license is required to maintain. The NRC did not review the requirements for need, as need is addressed' in the exiating regulations. The rule would also provide -a uniform standard acceptable to the NRCfer the condition of a record throuah~ch epecified retention period. 11.a propoeed rule is expected to reduce the\\WeraD NCOrdkeeping burden r NRC applicants and licensees by use uniform and specific retention periods or each recordkeeping requirement DATES: Submit comments by December 28, 1987. Comments received after this date will be considered if itis practical to do so, but assurance of consideration cannot be given except for those comments received before this date. ADDRESSES: Send comments to: The Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Copies of comments received may be examined et the NRC Public Document Room, 1717 H Street NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Brenda J. Shelton, Chief, Records Management Branch, Division of Information Support Services, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington. DC 20555, Telephone: 301-49M132. CJ\\ Th SUPPLEMENTARY INFORMATION: e Nuclear Regulatory Commission's (NRC) regulations require that applicants and licensees retain a variety of records for various periods of time. Licensees must also retain certain plans and procedures for routine operation and-emergency situations and file reports of certain occurrences and events. The NRC has reviewed its recordkeeping requirements to determine how long the required records should be retained. - This proposed rule reflects the results of this review. It amends text in.portions of Title 10, Chapter I, of the Code-of, Federal Regulations as codified on September 30, 1986. Part 20 was excepted; its many record retention requirements are proposed in ~-revision to Part 20 that was published for public comment in the Federal Register oa. December 20, 1985 (50 FR 51992) and republished on January 9, 1986 (-51 FR 1092). Codification of these amendments and amendments In certain published proposed rules will establish uniform retention periods for all NRC recordkeeping requirements. NRC also intends to conform record re.ten ti on requirements in future rules to the four uniform periods proposed in thia l'llle, The regulations sometimes specify that a record be retained for a specific period of time. These periods vary widely from one or two years to the 40-year life of a reactor license to the completion of decommissioning for some licenses. In other instances, they specify that a record be kept until the Commission authorizes its disposition, and in others, that it be retained indefinitely. Some parts of NRC regulations specify the condition of a record acceptable to the NRC throughout its required retention period; others do not. This proposed rule would amend.* regulations in nineteen perts of Title 10 to require that certain records in these parts be retained for specific periods. The rule would also provide for all parts of Title 10, Chapter I, the condition of a record acceptable to the NRC throughout the retention period. Regarding specific retention periods, with the exception of one six month retention period, at 10 CFR 70.SS(ht, uniform retention periods of three years, five years, ten years, or the life of the component, activity, area, or facility are proposed to simplify the system for retaining NRC records. These particular Federal Rejlstet_ Vol. 52. No. 208 WednelC!lly, October Z8. U87 four periods, although not ideal for every record retention requirement.

• t seem to be the best cboicea for NRC
• recorana1td1. Uniform periods were reco~ended to the NRC b_y the

. l'f uclear lnformatiGn and Records Management AHociationi NIRMA) based on the nuclear indusfry'siJlput to NIRMA. 'Rtreeof 'fo,mpeitods coinc:ide with'the. *

• on i,erioda 'for quality assurance--{QA) records in-Perts sp pd 71; the fourth coincides with the retdtlion. periods for recordnnch*u those covered by technical s_peciflciaf;ions.

With re8ard to teclmical speciftCBtiom,--the NRC recognizes that technical specifications for each nuclear power plant include record retention-

• requirements that may, in some,cases, differ from:those proposed in tais rule.

The requirem~n! in.th~ ~e tcik, - precedence over and supeqede any conflicting NMJW~ents.,pre~oUy in the techrucal specification,. Th~f~. ~e Office tlf Nuclear Reactor Regulation (NRR) intends to issue a generic letter that would provldeguidance to licensees for revialng their technical specification* to conform w1t1i tlie rule and would include model technical specifications to follow for-achieving this conformance. During the course of reviewing 10 CFlt 50.36. Technical Specifications," the staff found that Ibis section does-not clearly. reflect the diffelimce in recordk~ping and,eportiJII requirements for reado1'$ licensed under differenJ *sectiona of the regulations. Specifically, commercial and industrial facilitiea are licensed under § 50.21(b) or § 50.Z2 and have detailed notification and reportins requirements-delineated in § 50.72 and § 50.73, respectively. Therefore,.specific cross. references to I 50.72 and I 50.73 have been added to § 50.36 where appropriate. Facilities licensed under I 50.Zl(a) for medical therapy uses and facilities licensed under I 50.2t(c) for research and development activities do not have separ-ate sectioru1 dealing with notification and reporting. The reporting .requirementa on tbe automatic safety system and for theae types of reactors are contained wUhia.li0.36. Accordingly, language is beifft,added to § 50.36(c)(l}(ii)(A) to make-it conform with § 50.72(b)(Z){iiJ)-and § 50.73(a)(2)(v).

Federal Register / Vol. 52, No. 208. /.:Wednesda'y,'.:.Odober 28, 1987. /Proposed:Rules An effort has been made to use requirements forpersons:subject-to NRC. Application:of;Backfit:Ruw* 'f;!_,.:::.: consistent terminology with regard to regulations,.and the other-document will Th~'Comrilissl6r'l,hi~ :d~tlnnlriedtlili't - paperwork throughout this multicpart summarize the. record retention periods the backfit nile, lt'rCFR 50'.lOQ, dotisnof rule. For example, the term*"retain" for the recordkeeping requir~lllcmts

• applyto'ijte proP,osedrule.*Tllff_'* ::*,.****

~ conveys the idea of keeping secure or contained.in NRC.regulations. These prop* 08_ e._d*nM*isp*urely admini ... *.. *s.tra. liv.'eJn:'* intact and the term "m_a1'ntain" compan1'on d um* ents sho;Jd be use.f'*' oc w

• w mi.tore, and therefore doesnot*reiiulHri continuing to ;preserye and update, in:.

to an NRG applicant or.a 'liceh!Jee. the "mcidiffoa'tiori 6f "or.ifddition'to".. :0*,

• this case, a record. Consistency.of _

terminology and specificity.of.. Environmental Impact:Categorical liystem1rstructu~~.* ~coin~!J,*e'!J.ls;.or*:;*** ~=~i~~~:e:!~!~:q~;~J:~~i!~:n NRC Ex;:s:c has determined1hat this i:~~~:tii~i~if ~~~f~~~ ** applicant.or a licen~ee.in complyillg proposed regulation is.the:type oh.ction facility:_~ :>-::*~~~e:'1,0, qF!,_lc$,1omJ1f!1:-* :*,

• with these requireme.nts..

described in categorical-exclusions 10

• * :.,.,,,_' *": *-~s;, ;*. "'.'".°'. :.

The proposed changes in this rule CFR /il.Z2[c) (l)~nd (8).Therefo.re,

• -List of*-Subjectslitt-aO,CFll.Pad!iA,11.-"25;,:-
• result in an overall reduction.in the.

neither an enviionmentalimpact

• 30,,31, 82.cM.:35ti~1i0;,60,81.'7.lkD1~'Di :

kreecd~urc~t1po;nr;::b.ur~~d~er1!=:emuel~ts* 0

frh9~m

1a!~:

~~:=!~~1-fut;i:~~~=:!ti~ ;this 74:;~s:~cl_ ~. eei~~--**:,t_.. *

,:_:_:~,:.~_~.. t.;. ~, proposed regw.~Uon; requirements; ~:**'. proposing 139 specific retention periods, primarily three years or the life-of a Papel)Vork R~uctioo ActS~t.mnent For the.tea1Jone:eet:o.u.tin,ihe,.~.:!'>:I,:t, { license,.for records that now must.be

• .i.

preamble and under the authority.of the retained indefinitely*. This ma1'or This proposed rule amenurf;;*. ; *.' *. A

• En Ac f

54 -A-d

• information collection ~qwrements=that tomic *. ~~-* ~ t.:?. -1~. * ~s.ame~,.

duction, plus four o.ther reductions of are subJ'ect to the,Paperw_,_ o.".k.ll ... _e.* du. __ c_ tion th~.En~:Re<!i.'ganlz!l~on}\\~t ot11:9l..4; - tention p~riods by two years, offsets as amenaed: and 5 U;S.C. 553;,tlie'NRC

• e proposed,iricrease in retention.

Act of 1980 ( 44 U.S;C. 3501 *.et,a.1~g;J. - *. ii!. prop9sing*to :4~qpt:t)it.{ollowj,Ijg~ ;~"~,: - Periods.for 53 records: 41 cases by.one Requirements in eighteeq parl!'*iii~1uded . d. +;, 11 10.rm,-Parts:A 11..,. in this rule were assigned' ap,P1/2val - - a~~n men.., o. *..:..,~. -* --- * ""'; ~ i ~'!(

• year, 10 cases by.two'years,.1 c;ase by numbers by the Office of M~}gement _'

30, 31,:32, 34, 35, 40, 50,'60; &1,:.10; 71;.73; !:r~:;:a~:~ ::!!X~~r:t:;;.~ -1,case by anq Budget as.follows: ., _ ~ -~

• '74* '7p; ~~; ~rid:~w:: *. :; *::,,~-., '/'": L:;;; ? :.. -*-

understanding of c~nl industr-y Parf~150.0053; Paioftt.;..;;:J15~:.., PART 4-4.l,9~P,~R1f-11N~1$ff;J~,:,;;_;:,:*. practices,_ ttle'increases -~!I rete~ion-... : : P~r,t ~i~: P,~rt -~~7; - i=EOEHAllfi~ISTI;D,:CQM,._IOJ.1, - would qot i~p~e !lllY,a49jtit>na1:hiiden. Patt ~~7i31_~,l,~.:,,l:>4tl ~1.~; PflOG~t~!f.~ :: r-._. ~-. --c.:.f ~).tf;:~1t'. or.. could-\\>e4'eadily accoJlJrilodated-~:, *... Part 34---,'.,31so:@1* J;liirl 3~15CHJ010: within-curr_ent-em,ipinent_1l_e_n-rl_m *... ati_ons_.... *._-_P*ar--'-t,:.n:.'.'_.. ,"_f,",*.n*'_.*'.'.._'. "".* .. >.2*_~.*-.p_-,,~--.-'_-*,~.*,*.**.*-:_.1_1:1,_1* 001 ... _~.,* * **_ 1;,* - 1' Tlie authorl~*citation'f6rP.art'4',.-- " .... ~... .,..,....,,,,~inr,\\N \\.Ir,..,-..,~ con_*_:tin_*~ J ___ 1.~s.* Jo;.r_*, __ ~~-'.a_., '~.-.*_'.s.. ~.--~--o*_;; __ n... 11._*w.~_s:,_=:. **.*_;\\ __.**.. *_: __ ~:.::_-_*_.;.}~.:-".::; '* ;_.:: .* :.) and, lheref(!m,.woul~~Pr~e,nt.:Q.!>. -.Part~1.59i-01:2Z:;P.ir(&~~50--0135; _ -* --.. ~! apprecia:bleincrease tir'b!ll,'deµ; A_. . Part ~150,-0009; Part'11-.;;,m;o.-06oa:

• Authorlty:Sec:*161i'68:$tat.~~ug;.;v-,:.

paragraph describing the*fo~._..and Part 73,-,,315o.:-Ooo2* *pari 7~150-0123* * --amended {42 V;S.Q., 2201)::8.ec, 201, 88 *StaL con9ition-qta ~cord ac;ceptah,~e to,the . P~t 7M1~55; ~art 9Hj~7; 1242, as amended !.~,y~~;?;~H: 70* _j ' NRC for revtew is proposed for ten, -

• Part 110---3150--0036.

2* A new § 4.6 is add~d to read as parts. These paragraphs are CQmparable Thi

• c1.

l h ** b

• to similar_ rii-.'ov'isions currently.in. a.th.er spropose rue: as-een:.

follows: .>*>:*. --~*,*- submitted to the Office-of Management parts ohhe'!NRC regulations. * *

• d dg.

~ d l §4.6 MalntenanceotrecofdL*, ~, *.,--.~*--* an Bu et,or review an* approv.a, ~. Specifying clearly i.Ii. NRC regulations Each reco~ requir~<i'b~'~s~~-~usi' : -. ahat records to retain~ hpw !ong to. Regulatory Fl'.exil>ility Certificatfon - be legible thro1!8hout the *reterltum"., -, *,

• 91ain them, 8nd the 00nd1ti0n of a -

. Based,upon the information available period specified by:e~ch Coinirii~C?f

• record required for NRC inspection is

.at this stage-0f*the riilemaking regulafiort:*The recoro'rilay be'llie. *** --.. mutually beneficial to tl)e applicant or proceedin~fand in accordance with the original or a reproduced* ~opy or'i(* * ~- -*. licensee and to,the NRC. The Paperw.oi:k Regu'latory*.Fle_xibility Act of 1980;.5 rriicroform providei:fthaHhe ~y:or ; '"" ReductioriActof1980(44tJ.S;C.-3_50let

• ~
  • • ' th. *
• d'b" *
• U.S_ :c.:60_-'.5. (b. ), a*nd. 'NRC.Size*Standar.ds micro1oi:m isau enticate *_ y seq.) added impetus*to the NRC'.s. *.
• 0*--, - * * "l
• a* h th interest in the regulatory burden

. (50 FR50241)/the Commission hereby autliti~1¢~. *P;~btµlb_ le :anf*. t.dat -,~-~ :. ;;*,. certifi¢s.that, if promulgated, _this ru!e, micro1orm.is'P~Jla e*o pro ucmg a** - *, imposed on an applicant or a licen;ee

• will nof.liiive:a signilicalcifecofloinic.'*,

clear c:"opy*tlirou_ghou.tthe~uhi!d ' *. ~:c~rd!1;~::t:~::t~~t~~gitla,tions impactupon*ifsuoitantialmµriberof retentibnj:ieno~;. <.:. -*.'.*,*' ~-:,,: ~:*.: * ?(

• implementing the Paperwork Reduction.

small,.entities.,The_ propo.sed.rule.,would

• 3. Se~ti~~-4;3.2.ls1revt~d;t~,'l'~~i Q;::,,., *_

Act require that record retention amend p~rts of the NR,C regulations by - follows:~*.-,:>*...,. -*v*;"_j __ ~-- requirements imposed by Federal specifying a: period to retain eaqh regulation contain sp~cific retention required record. The ru1e is expected to § 4.32. *ec,inpila~ ~ _,: ~,:.;/~~,~:~- : i} periods. The NRC complies with the affect most facility and materials*. (a) Each reci~lei-it shall k-e~p;~oords, ~--

• Act'srequir.ement for-Office of..

licensees by reducing the re~atory and submiUo the responsibleNRC - ~ Management and* Budget (0MB) review burden of retaining records for an official timely;*compl~te. ~nd accuratJ:;:~,

l of the information *collection unnecessarily long*or indefin:ite period. -

compliance.cr:~ports,~Mhe-time~,:anp;!fl,,q. requirements-in each rulemaking. In Therefore, it is not expected to have:a. thefo.rmandconta~,,the--,infOl'lllatio~.-, * - ** ~l, addition, two documents on paperwork significanteconomic impact on any .that the.resp~~g~*:offitja.l~y ~,

• are being prepared for publication in-the licensee *. However, comments on.the..

determine to'benec~sar-y.to-,~11_a~leitbe1-*.- c NUREG-series:.one document will be expected economic-impact of this

• official to ascertilill-whether -the:. -

\\ based on Regulatory Guide 10.1, which

• proposed rule on any small entity are.

recipient has:,r:omplie'd\\9r'1s complying is a compilation of reporting welcome. with this 411.lbpart:.,,.,. "'" * --:.. - ~.. -*::, * /

41444 Federal Register/' Y,ol. 52, No.,208 / Wednesday,.October..2.8, :1001 /-.J>r9~ed,Rules (b) In the case of any program i:mder which a primary recipiei:it extends Federal financial assistance to any other recipient, the other recipient shall also submit necessary compliance reports to the primary recipient to enable the primary recipient to carry out its obligations under this subpart. * (c) The primary recipient shall retain each record of information needed to complete a compliance report pursuant to paragraph (a} of this section for three years or as long as the primary recipient .retains the status of priinary recipient as defined in § 4.3, whichever is shorter. *

4. In § 4.125, the introductory text of paragraph (d) is revised to read as follows:

§ 4.125 Preemployment mquir1eL (dJ Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected on separate fonns. The recipient shall retain each fomi as a record for three years from the date the applicant's employment ends, or, ifnot hired. from the date of application. Each form must be accorded confidentiality as a medical:iecord, except that:

• 5. 1n § 4.121, the introdactory text or paragraph (d) ia revised to read ea follows:

§ 4.127 Existing facllltles. (drTransitionplan. In the event that structural changes to facilities-me - necessary to meet the requirement of

• paragraph (a) of this section. a recipient shall develop a transition plan setting forth the steps necessary to complete the changes. The plan is to be developed with the assistance of interested*

persons, including handicapped persons, or organizations representing handi-capped persons, and the plan is to meet with the approval of the NRC.The recipient shall retain a copy of the transition plan as a record until any structural change to a facility is complete. A copy of the transition plan is to be made available for public inspection. At a minimum, the plan is to: PART 11-CRITEAIA AND PROCEDURES FOR DETERMJNING ELIGIBILITY FOR ACCESS TO OR CONTROL OYER SPECIAL NUCLEAR MATERIAL

6. The authority citation for Part 11 continues to read as follows:

Authority: Sec. ~61.118 Stat. 1MB, as . amended (42. U.S.C. 2201 ); Sec:. 201, 88 StaL 1242. as amended (42 u.s.c. 5841}._ § 11.9 [Amended]

7. Section 11.9 is amended by changing "two* years"-to *'"three years" in the last *sentence>

• 8. A new § tUO is added to read *as*

follows: § 11.10 Mantet1ance of recanle. Each record required by thispart must be JegibJe throughout the retention period specified by each Commission regulation. The record maybe the original m a reproduced copy or a microfonn provided that the.copy or microform is authenticated by authorized personnel and that t,li~ :*~. microform is capable of producbig' a clear copy throughout the reqoired retention period.

9. In § 11.13, paragraph (b} is ievised to read as follows: *

§ 11.13 Special ~-tor transportation. ' [b) Each licensee who, 365 4ayi afh!r Commission approval of the ameiufed.. _. security plan submitted in a,ccordance with § 1.1.11(aJ. transports or delivers to a carrierfor transport special nuclear material subject to the p~ysical

• protection requirements of l 73.20. 73.25, 73:2fl, or 73.27 of this chapter shall copfirm and record prior to shipment the name and special nuclear ~terial access authorization number of all individuals identified in paragraph (aJ of this section assigned to the shipment.

The 1icensee shall retain this record.for three years after the last shipmen-t.is made. However, the licensee need not confirm and record the -apecial nuclear material acce&s authorization number in the case of any individual for whom an application has been submitted and-is pending before the NRC in accordance with paragraph (a} of this section. PART25-ACCESS-AUTHORIZATION FOR UCENSEE PERSONNEL

10. The authority citation for Part 25 continues to read as follows:

Aut1)ority: Sec. 161, 88 Stat. 948, 11s amended (42 U.S.C. 2201); Sec. 201, 88 Still 1242, as amended(42 U.S.C. 5841). § 25.11 [Amended]

11. Section § 2~.11.is:amimded:by...

changing "two years" to "~e years" in the last s~tence *.

12. In 25.13, the existing text is designated paragraph,{a)and a.new

• paragraph,(b) is added-to.read as
• follows:

'§ 25.13, -,ftecordsmmtenancl-* . (blBach,recoid reqriked by lhir part must be *legible*t~out the retention period.specifiedby,each-Commission regulation.-:The recordmay be the original or a reproduced copy or a . microform proVidethltirt the,copy-or

• microformis authentica~ by * *

. authorizedpersonriel sild 1hat the microfurm"is capable of producing a

• clearoopy~thrtmghoottherequired retention period; -

. ;;:: ~ ~-~; '.-*. §25.23_:~J is:-1n-l***~~1ext is amendedfti; changing.. one~ to, "three yean'"tii'the fomihsentence. -,~ '* - -"l,.:: !-~-::.:*:_.' -. ' ' § 2s.as -[Amendeidl H:*1n.oJ*25,35; the last sentence of the existing (ext is amended ey changing two yem" to ~ree years;" PART 30-RULES OF GENERAL APPLICA&aUTY TO DOIIESTIC. LICENSING OF BYPRODUCl' MATERIAL

15. The amhotity citation for Part 30 coritinues*toreadasfolloivs:

-

• Autnorilr. Sec. 181.*118 Stat..9111. as amended (4Z U.S.C.1.2111J; Sec:. 201, 88 Stat.

.12C2, uamended 14ZU.S.C. 58tl).: -16. In §.30.34.cparagraphJg}.is revised to read as followa: § 30.34 Terms ancr comltio,. otllceNn.- {g} Each licensee preparmg technetium-99m radiophamiaceuticals from molybdeoum-99/technetium-99m generators shall test the generator eluates for molybdenum-99 breakthrough in accordance with § 35.14(bJ{4} (i) through (ivJ of this chapter. The licensee shall record the results of.each test and retain each - record for three years after the record is made.

17. Inf 30.51, paragraph (c) is removed, paragraph (d} is redesignated (c}, and paragrapha (a) and (b} are revised to read as follows:

§ 30.51. Record&. (a} Each person who receives byproduct material pursuant to a license issued pursuant to lhe resula~ons in.lbis . part and_ Part>> 31 through 35 of this chapterccaball_keep.recprds showing lhe receipt. trimsfer,"ariddisposal ohuch*

• bypr,oc,luct,mat~l as~llows:

. (t} Dielicenaeitahall retain-each recmd,of;receipt;of byproduct material. as,long*as.the materialis possessed and

i.: Federal Register / Vol. 52, No. _208 / Wednesday, October 28, 1987 / ~opqsed Rules 41445 for three years following transfer or

• disposal of the material.

(2) The licensee who transferred the material shall retain each record'of transfer for three years,after each transfer unless a spec;ifi.c-requirement in another part of the-regulations in. this chapter dictates otherwise. (3) The licensee who disposed of the material shall retain each record of disposal-of byproduct.material-until the Commission terminates each license,

• . that*au.thorizes disposal of the material.
• [b) The licensee shall retain each
• record that is required by the.

regulations in this part and Parts 31 through 35 of this chapter or by license condition for the period specified by the appropriate regulation or license condition. If a retention period is not otherwise specified by regulation or license condition, the record* must be retainectuntil the,Commission *. terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

• PART 31-GENERAL DOMESTIC LICENSES FOR BYPRODUCT.

MATERIAL

• • • 18."l'be:authoritycifation for Part 31 continues.*foread asfollows:..
• Authority: *sec. 161, 68 staf. 948. as*.. -. *

-* *_ **amended (42 u.s.c. 220i):,~,ffiY88'*.Staff~

• 1242, es* amended (42 U.$.G.,5641k *. :*,

1i,...In § 31.5, paragraph {c)(4) is-::,

• revised:to read as follows:*,

. 31.5: C~~ln measuring/~~gl~ ~- . cpntr~Hlng ~ev1ces.2. **

• paragraph (c)(2} of this section must be retained for three years after the next required tes\\ of the on-off mechanism and indicator is performed or until the sealed source is transferred or disposed of._.,

. *. (iii) Each record that is i:equired by paragraph (c)(3) of this section must be retained for three years from the date of the recorded event or until the device is transferred or disposed of.. 20; A new § 3-1.12 is added to read as follows: § 31.12 Maintenance of record& . Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the originaJ or a reproduced copy or a microform provided Qiat the copy or. microform is authenticated by

• _.

. authorized personnel and that the* microforni is capable of producing a clear copy throughout therequirea. retention period. . PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR* TRANSFER CERTAIN ITEMS. CONTAINING BYPRODUCT MATERIAL. -21. The authority citation-for Part 32

• continues.to read as follows-:
• Authonly:"Sec;:161; 68 Stat, 948; as:***,':

-. amended{~tU,S.C,*2201); ~c.~1 !13-Stat. 1242.asiamended (42 U.S.C. 5841).

• 22; A:riew;§ 32.3 is added to read aii

" ' follows: § 32.3. Mafntenance of records... Each record required by this.part must. (c}." * ~-... be-legible throughout the retention _ (4l,Shall:m~intainre.cord!!,,i;}lowing;~ . period specified by each CQmmission complian.c(l.with the,requir.ementa of regula,tion. The record may be the paragraphs [cl(2).and (c)(3) q(.iµ49,.... original or~ re.produced copy or a section. The records must sho.w the.,, microfonp.prcivided that the _copy 01:. resulta oftests,.-The.*,re~~r.ds r;dso.-ptust :, :.

• microform '.is. authenticated by
• show the, c;lates of pQrfomutnce:a(;-and,;

authorized-personnel anc;l that the .the: name_s_ of:PeJsons p_erforming.:,, :.,... -;:* miarofonn ia capable of.producing a testin.g;.instaij.ing. s~icil;1g; and *. 1.. *-: ,i 'Cleal"topy'througnout*the required re~oving froni'thtfm~t~lati!)tl*: * -,.;. 0 :-,.,:,.

• *retentiqn:period; radioacfure.llllated~nd'\\'!l~ sh!elding.~r-

.. contaftunent;'Fhe ee:shaUretain _PARl' 3~~*c~NSES FOR . these records.as i

i.o/,-, '..,,* *,.. - -:*,. RADIQ,9~APH,Y A_N.D: RADIATION

<, (i),Eaah,record:~a,test'to:ri~k:age,,cpf:.. ~SAFETY:~QUIR~ME~. FOR , radioactive-materiill't*equired by.

• RA~O.GR~PHJC OPERA 1'.'IO~S

,.parag~ap_h:(p)l2} 9(J,hi,~.se9tifln,mus.t be -... ** 23; The authority citation for Part 34'

• -i:etainedfor-three,y~a~ afteli'Jhe-next- **

continues to read as fo!lows: . :required leak'tesfis pedonned* or u.ntil. Authority: Sec. 161, 68 Stat 948, as. the sealed source is transferred or,. d d f

• amended {42u.s;c;2201J: Sec. 201/88Stat.

is pose o *. 1242, as amended (42 U.S.C. -5841). ' (ii} Each record ofa test of the on-off

• 24. A new § 34.4 is added to read as mechanism anc\\ indicator. required by..

follows:

• Persons*possesslng byproduct materi11l in 1

devic!lS under the general license in §. ;n.5 before Januarr 15, 1975, ~ay continµe to pos~ess. use, or_ transfer that material ih accordance with the _requirements of§ 31.5 in effect' on January 14, 1975. . § 34.4.Maintenance ot.records..

• Each record re.quire_d* by this, patt..must be legible throughout the re~ntiorr period specified by each Commission regulation.. The record may be the original or a reproduced copy or a.

microform provided that the copy or microform is authenticated by authorized personnel and that the* microform is capable ofproducing*a clear copy throughout the required retention period. § 34.24 [Amended] 25;-Section 34.24 is amended by changing "two years" to "three years" in the nextto last sentence.

26. In § 34,25, paragraph (c) is revised to read as follows:

§ 34.25 Leak testing, repair, tagging. opening, modification, and replacement of sealed source& (c) The leak test must be capable of detecting the presence of 0.005 microcurie* of removable contamination on,tlie sealed-source. An acceptable-leak test for sealed*sources-in-the. possession of a radiography licensee. would,be to.test at*the nearest accessible: point to the sealed-source storage posiJion, or other appropriate meaiiuring point, by a.proced,ure to be approved pui:suant to 34.J,.l(f). E!!,ch. . recqrdof leaktes.t.result_s mustbe.kept in units,ofsmicto&uries or disintegrations per ~iriµte,(gtt~l and r~taiqeq for *.

• inspectio~ by-the.Commission for three years after it is made.

t:-:- § 34.26 (Amended]

27. Section 34.26 is amended by changfog "two years" to "three years" iii the last sentence.

28. hi:'§ 34.27, the introductory textis revised to read *as follows:,

§ 34.2'7 Utilization logs. Each licensee shall maintain current logs, which shall be kept *available for three years from the date ofthe recorded event, for inspection by the Commission, atthe address specified in the lfcense, showing (or each sealed *

• source the following infor1!1ation:

29. In§ 34.28, paragraph (b)'iii revised to read as follows: *

§ 34.28. Inspection and maintenance of radiographic.exposure devices, storage containers, and source changers. (b).The licensee shall conduct a . programforinspection and maintenance

• of radiographic exposure devices, storage containers, and source changers at intervals rfot:to exceed three 0months

. or prior to. the, first use thereafter to.- . ensure proper functioning of components important to safety. The

41446 licensee shall retain records of these inspections and maintenance "for three

• years.

30. In § 34.29, paragraph {c) is revised to read as follows:

§ 34.29 Permanent radiographic Installations. (c) The alarm system shall be tested at intervals not to exceed three months or prior to the first U&e thereafter of the source in the installation. The licensee shall retain records of these tests for three years.

31. In § 34.32, the introductory text is revised to read as follaws:

§ 34.32 Operating and emergency procedures. The licensee shall retain a copy of current operating and emergency procedures as a record until the A Commission terminates the license that authorizes the activity for which the procedures were developed and, if 1;uperseded, retain the superseded ma terialfor three years after each change. These procedures shall include instructions in at least the following:

32. In I 34.33. paragrapha*(b) and1e}

are revise<lto read*adollowa: § 34.33. PersOMel_ ~ . (b).PQcket*dosimi-?ters inuli(be'rl!ad..*. and exposures recorded 'daily:The -* licensee shall retain each record otthese expos~ for three yeari:afterthe' record itr:made. (e) Re;orts received from ll)eEm.. - A badge or TLD proceslior.ml!Stbe. _. : v._,. 'W' retained for inspection* imb1 the *_* * -** Commission terniinates eacb.licenae that authorizes the activity that is - subject to the recordkeepmg r~qtiirement PART 35-IIIEDrcAL USE OF BYPRODUCT MATERIAL

33. The authority citation.:forPart:S5 continues to read as follows:.

Authority: Sec. 161, 68 Stat. NJ, u amended (42 U.S.C. 2201); 11ec. 201, 88 Stat. , 1242, ea amended.4'2 U.S.C. 5Ml}.

34. A new § 35;5 is *addedtorimd :as '

follows: § 35.5 lllalntenance ot,~ * -. Bach record required by 1hia part Dl1ISt be 1egible throughout the retention - . period specified by each CommiasiOD

• regulation. The reoonl may,he:lhe original or a *reproduced copy-or-a microform provided that ihe.:copy-or microform1s* ~Utlteriti.eat~d by authorized perj()ruiel-and'tbat the mjcr6forin. is cap*aJ>le 'of producing a -

clear copy throughout.the.required refontiori period. § 35.27 {Amended) 35 *. Se&tion 35.27, paragraph,(c) is amended by changing "two years" to "tbree*,years."-- § 35.29 _ [Ame~dl.

36. Section 35.29, paragraph (b) is

• amended by changing Oltwo years" to "three years."*

§ 35.33 [Amecnded]

37. -Sectiorf35.33, paragraph f c} is

• amended to *insert the-number for tmt * *,

footnoted-NRG fonn *in the-'fH!Cffllil **:=, : sentence to read "Fonn NRC 473. *, - * § 35.50 (Amended]

38. Section 3s.so. paragraph:Ielis.

amended by changing '"two yeani" to_ "three years." § 35.51 [Amended] 39_. Se~titm:$.Sl,/pitragaph*{dJ* intr~9.ey; ~tjs ~e11ded by_ - changing "two years" to *~three years:" §35.53 '[ArnendecU .*.* _,, :_-* i.j!' -...4o. Section.35.53. p~ifc,hi):J. iritr.oducimy textis;amendecf}Jy-,1,,:--,:,

~iigfug t'wojeant~-to ~reej,eiffl$.'"* *

-~ -.41; Section.35.5~. paragraph {i) is

• amended-by changing-UVo years" to "1hree years."

. §U:,O -,(Amended] -42. S~t:tion 35:70; paragraph '(b] is amended by-changing '!two years" to "three -years." -.. § 35M tAmencted1. . *43~ Sect1~~s.ao. paragraph {f} is amended by changing "two years" to "three years." § 35.92 tAIMndad)

44. Section 35.92; paragraph.(b) is

. amended.by 'Changing "two years~"to '\\three years; § 35.204 * [Amended]

45. Section 35.2<M;*paffl81'8Ph { c} is amended-by~ ~ttwo:years~\\ta

.thre!i! years.".

§35.3:tO. (~ended]

- 46.,Section95310.*JJaragr.apJr{b] is*, amended by.changingt'twoyean~ to "three years." § 35.315 *'[AmendedJ *;* -

47. Section as4is. pa~{a}(1} is amended by.cbanging .two*years*~-to. -..

_"three_years.". -.. **-. I f :JS.404 (Anll!rMledJ

48. 'Section 35.~. :garagraph '{b] is -

amended by cha~ ;"'two years" to "three years."

• ___ *_-:
• __, "',

J35.~. (Amended)~. 49.Section*as.*

paragraph*[d}i~

emendeo by ¢h~.. M(iyears" to "threeyears~:: ~~,, §~~-~:{b},is-amendecrby:cl)#~rtwo years" to:. "three years;..,_. __ *",,'.>..,:' :* § asiAiff,~~) . -s1;Section 35.415,-i,~ph.(a}(4} is -amended by'.Changing ~two years'\\ to "three.years." § 35.610 TAmendedJ

52. Section 35.610, paragraph (c}-is amended by changing"two years" to "thfee~" :;c. *, ::.- ;..

§ 35.615 [Amended]

53. Section.35J315, paragra_ph {d}(4}is

. amended-by:i::1$Dging:'1wq,years" lo "three years;' *- .*: l_ Jl~~,::!.l,.:.;""7..;:~... § 35.636 "[Amended] . 56;'Section:35:~-is "*

• amended *l,y chimging'.. twoyears" to "three years."

PART 40-DOIIESTtC UCENSING OF. -SOURCE IIAT£RfAL

57. The authority citation foIPart 40 continues to read as follo~ -

Aldbod1y: Sec. 181. lE StaL 918, as amended (42 U.S.C. 22.01): Sec. lm.88StaL. 1242. as amended (42 u.s.c,*~,).

58. In i 40.26, paragraph {c)(Z) 13 revised to read as folk>>v.s;

-.§ 40.26 Generarflcl!nse forpoSSNSJoa-and s~*at:brPl*aduet*,daterial antellnedin.

• tlmparl.

-"{cJ.. _-,!!-**,. -. *--:,... -{2J'The~tation of daily *. .inspections' m:tiiiltitgs or waste retention systems and'lhe.immedia*te notif1Cation of the,e

• RCTegkJnal,office as'inmcatedm*.

ndixD-1olOCFR.. Part 1.0.okhi~.;or Jbe:Diiectm,

... !!f :;::, ~... :. r..,MU!\\.,~~~dlll!:;lc~~~~'~*~-* , "~~, 1~~;,. . *~;::;.4S..~l:.!..~!1... *t.:~~,-..::.:,;,Z->:z.s;r~.3...... ~_t;--,_;g:;"'._.,;,.;&e.,.,_.** Y-.,_,;.:,,1,.._ *.,: 1,.*.:-*, -*-,..,_,,- -,-1;,.*:--.* -----*--*- q, ***

• _,,,,___.-i<-..7~.~ -'-=*._,_. 4:: *,.,._... ~ **,.

..* _, ____..,_,._~ -- -, '". --- --~------ ---- ~-=-,.

_4U41t--,-~-----Federat:1tegisteic.L.V.ritcsz;~rJa1;io~;,~~~dh~s'd~:t~;9c~o~~~.. vzj!;~1J!~7:i"kfFt~jJ{i~d!~tffife:~~m:;.~~'.",~""¥~"-'- thlf lj~nsee shall riotify the C~mmission *- -(BJ Llfu'.itifui c~i~1, seltfngs. for fuel... " liee~se~i~h;j( ~~~iii;~~~i!~t~iJL, as*required by § 50.72 and submit a. -- reprocelisirigj,limtl! areS:etlings for". -.with_ prep~r~ny~l,-,fJJ.f~~.se~~~~i::::*c'<, Licensee Even*t Report to the autont_atic:~1~11]1 or i:n;oia~tiv.-e,!fevi<::es._ Report for;a_p?J'lQ!l:~.,~8:}':~~or.!h;.:,;,~~,i,:,;, Commission as required by § 50.73.

• related~to tndsejiariabl~~:having

- *,, _ - follm,'-'.i~&:i~s'¥111~,,;9f~e,rgw~~ F,~;i.;_,,~,.. -. _. [!3) Safety limits for fuel reprocessing -significant ilafety.n,.netiQI)!!. Where a

• event~ ~~)ch :do..nQ! :~9uif.f;l0B:,°"1iP1m~e.e; ':,

plants are those bounds within which limiting control'settii:ig_is!specified for a .Event R,.ep9rtiJbg.J~c~J!SI;!~ IJ~~lt,r~tl!!J:!,.,,,*_;, -- the process variables must be v~tjable on ~hi!=~h,0;,safety limit llas each record as_rngui~d.l,,.y:ll.l.e l~G.h!!i~~_l.; _ *', maintained for,Jdequa te control of the beeQ pla_ced,Jhe se\\tjng m~t:be,so. . specifica,yons.:: -.-_, :_~:_, ":.. :.:": 1-: * -_.,-,., -i:

• r::, h<:.,.. __ *;_

operation and that must not be clio_sen th~t prptei:;fi.ye ~c.tion;_'..ei~er _:

• • ., !, c*.* * :.

.exceeded in order to protect the auipn:iatic pr._~ffµµ_aJi)~1J:9o/1:.e~_t the. --.

• '{7};W.ritteniReports.~Liceilsees,for.

int!?grity of the physicaJ system that.is _.ab~~ 8J!~ion i;,~9~~11!~f~Y,.limi_t-nucle.~.po.weNetiGtor.silicensediuider,., desig1,1_ed to.guard agai~sUhe - is !?:l!;C~i:~e.d.~I~,;¥,ng.-9pp~ationiJ~~-,-,,. - §.5_0.21fb}:iQdd-50i22,~this;part,ifhall{:;;,>: ***-,'. _ uncontrolle<l release of radio-activ,jty. If __. auio~~9,f alarm Of pr.ote~>>ye;:~1ce_s ---* - sµbmit wtitteitreporls*to(the,-*:<, f;~:*t,,;-;::i :;:_:,; -,i,;, any aafeWlimit for a Juel reprocessj_ng '-* do.*m>tfaji9J!gp1a_s*r~AA.iJ'~~.~~~,Hq~nsee

• commissinnJil;l:tGOOhiatfce,w.ilh;,tm.13: <.,;,;, ;,.

,plant is exceeded, -cor.rectiye.action... _,, shall take appr~_ptjate.action tQ.-,... -_ :of this - ** *, *** ~-- ts nescmbed,iJi,i:--J*.-,.i,/*- must be taken as stated iri the technical - ~a~\\isinjfui*varia~~~s_:~~~-ili~ *. __ -~- parll * *.,_ __ antfit~)(2J-of:this;,~_,,_-r,~; - specification or the affected part of the hmitmg control-settmg V_!ilu.es an~ to.,, section. For ~ll~licenseeSi,the*.~ :-,-, 2-,,,, n -:,,-. 0 process, or the entire process if required, repair pr.q,mp,tly ;!h~ ~'-~C).m_~,ti9.,qeyicesw

• Ci:>1nmission-1nay require'.Special
• must be shut down, unless this action to shut down.th_e,l:l~l}pt1:i:hp,1!\\t'9,{it~~-' ;,~*-,*:* ~~P-9,~,!!;'l'l.P:~~l~b;-,,---: ; _, "',: *-

WQ:Uldfur._ther reduce the margin of process-anc;tlfi:e;<<iu,f!llJ,t:t~,c~flJ1!9~*r::,'.',\\:i** -.

• r-*-- _,,.. ---,, _.

safety. The licensee s)lall notify the the entire.pf;Oce.!ls for~~_tdriof-.\\., -,'> ' * *

• *;,64 In*§ 50 36a *
• h l J(1i:*

Commission, review the matter, and - automalic.dev.ices;'tneJicensee.s_ hall,,-: - --:.,. *.* d't--~'. "1* '-~!;818.1'~P-~,:t,,.} 5 -reVISe O n:au--as 101 OWS: record.the-results' of the.review, notify,the.CoD;lll}ISSlOn.,r,ev1ewJthe-0 '. -~-. :-* ** * -

• -c* ;*:

including the cause of the condition and matter, and* recort(t!ie ie~of. the'. -*. -- § 50.36a Techn~I speclficat~ on the basis for corrective action taken to review, includi~g.i~f ¢"a.ua.e:.o,#J~-.-:. -. :., effluents from nucle_ar po_werieactors. * * -- precludecrecurrence. If a portion of the condition and the basis/~~~~i~te _ -- - *.-(a).., __ * * -.., -process,or the ent\\re process has been aption taken to p~clude;i:~,cµn-e,m:e. The---_ ("1:) Tbat'operating procedures*~ shutdown,-operation must not be licensee, s9~U.re~in tpe~cc:ird.of~h~.

• • ,develope~:purs1,1antJa_.§.SO~(~tl!?r,~0 -

- resumed.until authorized by the -:re11~lts. of;eflch ~:yieW un.,t!'.tp~,~,,r: -,i *. :_;,, 0, _ contr.q_l o( efflui!nts,l>e es~11pp~Jl.e.d:;s,ni\\~1), :. Gonimission: *The;license*e-11halh*etain- - . Gonu.n.I~sion°-termmates.the ~teens~ for: * }-,fol~owed~n.d'th'l.__t~q~iplq~!lt_:;maf~*J.1!.d:i1tj -: :;~r;;i;~J::;~::1~::~~,~-:*_:~~tJ~:o/nt/1i~ii;}~t';¥/~t~~~-';}: __ ::~~~1:t~J~1w;~J;~ttfl?1;s: __.: ,_. l1ce9s.eJQrJrur.plant,. -: ' ' -f --. :--:** :*,!;~,.,-%, umMns-J;~i,~t19ns-for-~P.~~!iwi,11re:the1,'.' :'fhe'l1_c~11~1l~ B~all*re!~mf9i~9pe~~!l!~Mi'.t'i*' *,. ",;~~~i~"ii,l,Pt~~~tt;t**~~-~J

• _ thoseti,11!ibl1?s ~ay1~.s~ffi2ant~f~~;/
• fac1b~.\\When a limiting condt!Jon-f.or: _ *. -__ f:CVISifn1#~-~J>~¢.urei'.~~~-)~*!/':"'{ :"*_ >,

-* functions; Where a limiting safely,., -*-__ ,*--: operation of.a,nuclear reac.tor ~ not;met., ye~.fr_q~.the,,d,t~,jt w.~s-~]le~~d8s4:' -.,':: ~ : ,syste:rp setting is*:specified:for.;a:variable: ;; ' the licensee shall shut down.the ~a~tor : -.. -;* -*,,,,*,.*:*: < *..: ', '.,.,,~ :-_*\\ '.;;'.:::;f,i,t;/{'. '\\ :, * ',,

• on':w.}ji~h*a safety limit,~as been;placed,- *,orfoU6~:antremedial-'fic~ori'P,!!@.litted- * *
• 65. ln § 50.~ par83l'aj>}{(~J~ii'.t~'yille4i~: _:, ); :

the s'-ti~ must:~ so ch;osen:~~t. -, ~,; : : bY,~,1~~}~aJ~p,etificatt~P~ ¥l1l~~ihe * :. *to-read as fe>l,lttw~:1 -- ~- '/;)F':?>~: _

• _

_ auto~at1c prot~cbv~ ~(?,~IO~,-Wtllp~rrect:- c_m1d}~g11_can p~;~et.Wb~naJmutipg ', ; -

- * *, <. --:, ~ -~.t:;-;,{;::~;:~--: ---

-~ the* almormal situation before a safety._, :t condiUon fo1:J1peration ohny pro.cess -

• § 50-48. f'!re prptecli°'!- ~-_-*, t._,:,1----, " "-~,/; _,_

'limit is exqeeded. If, during qpera~oil'; it, ~- 1itej>,in~the.,system oh.fuel reprQCeSS~ '* '.(a} Each operati~:~nicle'at'.,p'owef"'"' *,: :*: -_'" \\

• is determined that_ 1he ~utomil:ti_c* safety: * plant-iii"~ot met/the *licensee,shall shut --*_ --- plant mu~t ~av~ a -~~rote~_mJ!J~n,.:,;:'., _"-'.
• _ system does no_t fuhction*as required',
• ; d<>wn that0part--0f 'the operation-or-. --

- that sati_sfies Criterion *3 of Appendix A:.:.

• the licensee. shall.take aPPrO_J)riate-

-_ foll9w any.'relJ!Eldial actio~ permitted by to this part, :fhis ~ proteCtiE!,ri,pfon

• i -1,,.,- ;

action, which may include shutting the techni~l s]iedfications untilJhe. ..must desciib.e the-overall fue:m9te.cli~.t1 down the reactor_:. The*Uc~ns_ee shall. :': conditio~,:~~i1:be m~t. In.the_case of~ ._. programJor.,the facility, idel)tify)µf ;/*:(:_ notify the Commission, review the ,.-, nuclear~actornotlicensedunder.. _.. *variouspositions,-withm,thelioensee:S* -,-, -* matter,,and record :the r-esults of the* - ;.§:*50~i(bfor. § :5022 of-this:part_:or fuel,.-

• organization thatare---responsible-fot-ath.e-*-., _ -

_ -review, including the-cause _of the _..... 0 :repr~ssiBg plant; the--lioensee:ehalL'" - -. program,-state--the authoriti_es-.tbatate:*>;-, '. -* condition and the basis for corr-ective notify-the £ommiBsion,:teview the -- delegatea*tQ each of.these positions,to '* * .action taken topreclude recurrence; l'he .,matter.-and-,record the 0results*of the - implement-those~ponsibilities,,cand -

• licensee shall retain the record of the re-

_ review, including the cause of-the -. -: - outline the-plans.for-fire.protectiondire -- suits of each review.until the condition-and :the basis for corrective detection and suppression.capal>_ility. * - Commission terminates the license for . actii:m'taken to preclude recurrence. The and limitation-of fire damage. *The plan the reactor except for nuclear power

• licensee shall retain the record of the must also-describe -specifidea:~s -

reactors licensed under§ 50.21(b) or results of each review until the necessary to implement the*prograin - § 50.22 of this part. For these reactors, Commission terminates the license for.* described above,*such ali adminis~ative the licensee shall notify the Commission the nuclear reactor-or the-fuel

• .: controls-and.persoruiel..regu1ren1ents:for as required by§ 50;72 and submit a reprocessingplant.In*the:case of, -- _,,

-, firepreventio_~_'"an~ man~al fir~,_ -,-, ~- Licensee Event Report to the nuclear:power-reactors licensed under suppresstonrlicti:v.ities,,automatic.and -* Commission as required by§ 50.73. § so.21(b) er§'S0.22, the*licen~ee shall' - _ manua~,o~,iiri\\ect~'.de.tectf~n,and~.. Licensees in these cases shall retain the notify flie* Commlssion if reqmred by suppress10~ sptems. and the.means.to

• records of the review for a period of

§ 50.72 and. ~hall submit 1Hicensee *

• limit fire d~~ge.to structures, systems, three years following issuance of a Event Report to*theCommission as*

or components unportani to safety.so Licensee Event Report. required by § 50.73. In this case, _ that the capability to safely shut down

._.,_ "' ~ ---

• ** * *Uce1uie,~jl~}Lf

..,~~~

• effecttv~~~f,.:

.. ~- . :. e au. .~* '... ~sfutltqf~ ee-,.'.".',. as erui~e<L *cfonilii~-to-me continues to.read;as fhllows;:*-..... a

• • r~~~#~,i~tet_,. _

,,,_, ;~ii~'.*.

• st~~'!s:9{!f~ti:m~f~~~-.: ;:?;:*_. ~'..,. a* meAui:ide:

thod~.{~~~.5c: __ c.1~.~-*f: ~- .*_1:~~"

• * *. *.*.,..,.,;;,o-**:** -,. *... ** -=~1

. \\,.i,, :.'.,, :".,... *.,. reqwre111~te,of.~ cµx.J(t~cdii_s P.~- ......,..., =.......,00~..... .. -~ as:,Ifi_ *.§:*_p_0.49,-_ thl?:in@a.*'_* _ ~-;';.;~;cif~t o_: f:' T!ie. re_~EJ~_. *:~~}i_c_ J~~- -.'cMJ ...?-_f-~ ~l_: * *_ 1242i all iimelided:'t421l:S:..C. 58111}~ : *..*. ',. *'

• *............ ~.
• r.cui* lice

~ cha t

*n;*Secti~rieo:4tifr~ed to"rea.d as

"*******-r~'.*i--~**.*.~~:

• ,,, * * * *.C~)tl'Hl!'.~~pl~t-m-~~~~!,..
• researtjl:mactor::otluet' *

~~nse1:t** and appbcationidiled under them::. *

• Pt.e~~:.~J~t*?f.e!e~_~t' _eqµi~ent

- shamretam a reqoJ.if/

• shoajr.U,~ ~IISf!~~eJ~irecioi:.of'

~. *,im~anf.lo.:-sa~.et;,Y,~iJ*oy-this,*. *_.

• th *** *. * * * ** **, *1an°"** ilmM-i-~imR:

Nircl~,.. 'Nrater~ijfaiuf,"Safegirards,'-.

PART~1....;a.teENSING, *

• REQUIREMENTS FOR 1.AND
• DISPOSAL OF RADIOACT~VE WASTE**.*

7~. The'authority.citaticm* for Part 61 continues to :read as follows:. Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242,_as amended (42 U.S.C.. 5841).

75. In § Qtao of Subpax:t G, paragraphs

( e) and,lf) are revised to rea9 as follows: Subpart:G:.-ffecords, Reports, Tests, a.!"d ~~spections § e1;ao, Maintenance of records,'reporta; . ancr,ransfers. PART 70-DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

76. The authority citation for.Part 70 continues*to read as follows:.

Authority: Sec.161. 68 Stat. 948, 88 amended (42 U.S.C. 2201); Sec. 201, 88 Stat. 1242. 88 amended*(42 U.S.C. 5841).

77. In 70;22, paragraphs (g), (h); (i), {j),

and (k) are revised to read as follows:

41452 (1) The transferor.may.have in his or her,possession, and read, a.current copy_ _* of the tranaferee'.s specific license or registratimi certificate. The transferor . shallretain a.cppy of each license or . certificate for three years from the date that it was obtained. (2) The transferor may have iri its possession a written certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and

• quantity of special nuclear material to l;>e transferred, specifying the license or registration certificate number, issuing agency, and expiration date. The transferor shall Tetain the written

. certification as a record for three years from the date ofreceipt of the certification; (3) For emergency shipments the transferor may accept oral certification by1he transferee that he or she is authorized by license or registration certificate to receive the type, form, and quantity of special nuclear material to* be tran~ferred, specifying the license or registration certificate number, issuing agency, l!,Ild expiration. date, provided

• that the oral certification is confirmed in writi~ within ten days: The transferor shall*-retainjbe_-wrltten confirmation of the oral.certification for three years

. from the. d~te a( re_cejpt ofthe confirmation; -.(4) Thelrimsfero!~Y obtal!t other sources*or information *compiled by a reporting" s~ fn:nn "9fficiial records of the:Commission or the*Jicenjring ~gency of a'irAgreement'Stat1fasto the identity or"li~ensees and*tlie scopeia~d *. * * -_ expiration dates oflicimses and regi'.~tions. The tniµ&feror shall retain the compilation of hiforµmtion 88 8 record for three years from* the* date that it was obtained;-or *. (5) When none of the me_thods of verification desciibed in paragraphs-{d) (1) to (4) of this.section are readily available or when a transferor desires 'to verify that information received by one of these methods is correct or up-to-date, the transferor may obtain and record confirmation *from the Commission or the licensing agency of an Agreement State that the transferee is licensed to receive the special nuclear material. The transferor shall retain the record of confirmation for three years

• from the date the record is.made.

81. In_§ 70.51, paragraphs (bl(2), (3),

(5), and (6), (c), thejntroductory text of (e)(1), and(Q(2){v)-.are revised to read as follows: § 70.51 "Material balance, Inventory, and records requirements.* (b) * * * (2) Each record that is required by the reconld~enting-compliance'with.

• regulations in,tJiiii part or,by*license.

these'.reqmremenis niust:be ~~inetl'!or

• condition mtist-be maintained and thre.e years after-itis.made.

,~ * *

• retainecHoi--thepe!!iodspecified by the

< ~/_:~./ _'*

0 ,:_,-;.:'.;'. **':,' :".,~<;::. appropriate."iegwafion*;or-li~

• _ -*.,sz; ;bt::f~-57,::~ introductQI11'l~i<(of condition. If a retention period.is not pariigraph'(bJ an<i,par~graphir(l:0.(2), 131,

. otherwise specified by regulation or (4), (6),_(7'J, (8},,.(1~). and!12Jarti:revised -, license condition,:the:licensetMJhall . to read a& :follows:. retain:the.reccirchmtilthe:Commissfon - terminates each license*that authorizes §_.71l57-;-~ control protrramfor the activity that is subjecMo the special,.._.. matertala control and ** -recordkeeping requirement.. . a~,,c: -_,_, (3) Each record ofreceipt.acquisitiom -:-.~ 0f ::,_,:-~;~- * ~": :: ~: or physical inventory of special nuclear (bJ:ln1'tco~~"-with § i0:58(f}, each materiallhat must be maintained, 'licerUiee1w)ijiJi'0anlhbrized'to:poil.sess*at Pursuant to*paragraph..fb)(1)~fihis

• ~ -Bny--*: *

<Johlititmstrategic' section must be retain~~-~ l~ng,as the. ~"'rilln mat~a[ or ~icial : ** . licensee retains :po~q~ ~~,;Uie, :c: *:. _, ,nuclearmatenit of mo~rate:sfrirtegic. ' materialand for th.ree yea'8j~~k,,significan&!Tuta-quantity ei~ing:o~e transfer ofsuch material.:.. ~ : -.,,,, : '".'" ',effective Jdloimmfflld to-.u~e:such'. * ' * --* - ::.:. ~*-~,::?.. cspeciirlmiclearmaterial-lor'activitfes *.

• (5) &ch recordiof~f~t:cir;~~I Iatliedhan those,invb}ved fii the,~-- --

nuclear material to otber,pel'.!IOJJS must operatimi" of a nuclear reactor li'cerised be retained by the Jicerisee w,ho: a'i>timiiiiit to Pal,150 orµiis chapter/those transferred the material-until the involveq.iit a waste aisposal,qp,!?ration;

• Commission ter.minates,Jhe,Jic:emie* *
• ofas:sealed sources, shall establish and authorizing the licensee's possession-of Iriahitain a:measurement control_......

the material Each record req.d.by - program ~or)pecial riuclearnialerials: paragraph;{ e)(l)(v) of1bia section.shall control 'and accounfu)g measurements.-. be retained for:tbree years;after itis.. Each PI'C?~~1uri<<itir>Ii,nnist;_be : *,.. " m(~eEach reconl:of disJiosafhi"~pecial ~de:~:1n~!~!°Jt:~e~~-:.. nuclear material must be.retliined*,until {fo:ss{bj(2), and'fwiciii~iial_ ~ 1:' ~ the Commission terminates-each license . organizational rel~ti,O:~~hi~s'~~i(ti~-.s!!t_ thal:authorizes;the activJty thaUs: lorth in-writing in.act:01;danc~ ~th * *

• SubJ*ec_i to-*the recordkeepino_---,_r.a

§ 7'.0,SB(b)(a)._The program)nust b_e --o descn*1.:..:..1..... a*:m--an""*',.,::.:u-which*contains . requi~menl, *_ ,-_ ~<...-,.. tn:u UJ ,.w

• ,.(c:}Each licensee who.is:authorize_d to the procedures; mstmdit>ns,""andfonns :
• possess at any,one_time spe,cialnuclear pr.e~ed ~~Uh~.~q~m~ts,.<Qf;.-
• material in a. qu!lDtity,exceedins,one.:
• this paragraph, including procedalure~ for.

effective kilogram of special nufilear _ - the preparation.review, 11-ppr~v,.and material ehall~tablish,maintain, and . pro~t diss~~ti.OJl,Of~~,P~~jqp-follow written material controhmd modific:ations,o, ~~si'fbe_li~!! accounting procedµres tha_t.are: shl;lll retain the :eurrentprograJI! as.a.,. sufficient to enable the licensee*to record until fhe Cominission:tehriinate's account for the special nuclearnwteria:l

. the 1icense authorizing po~es,~ion 0£ the.

in the licensee's possession under. nuclear materials. The licensee'.s, '. -... license. The licensee shall retain-these progr~ lll!_allinclude the ~ollo~ _. __ procedures until the Commission -*.

• * *., ~.

terminates the license that authorizes (Z) Provisions must be made for,. *

• posses11ion of the material and retain management,reviews.to determine*the.. -.

any superseded portion of the adequacy of"the program and to,assess procedures (or three years after the the applicabiuty of currentprocedures portion is superseded.. and for planned audits to verify.. conformance with all aspects of the

(e) * *

• program. !fhese*reviews mid audits ~ust (1) Maintain procedures,th~include be performed at intervals noUo exceed items listed in paragraphs (e)(l) (i), -:{ii),

12 months. Audits,and reviews-must be - (iii), (iv), (v), (vi), and (vii) ofthissection performed by trained:individuals -.. : and retain each.record required.in these indepeniientofdirectrespoµsibilitylor paragraphs for three yearnuter 1he the receipt, *custody. utilization, *.. record *is ma~..

• • . *.. :" * -- ** * * -* -*measurement; measurement-quality, ~d
• -shipment,of..lij,ecialnuc)earmaterial.
• ff) * * * *
• The resulttt<<Jbeviews and audits must (2) * **
• be r~~i'A..tln!ported*toJicensee:

(v) Documentation in oompliance'with management;\\theiicensee sh.all ret~in the requirements of paragraplur.(f)(2) {i), each recordi>T:areview or an audiHor --cu); (iii); -and {iv)-of this'.8ehtien; Bach'* ---*-,--three years aft~i-*the.record-is made. * *

• .. -;(;i}=The licensee shall e~sure thllt any training, qualifying, and periodic of the error data utilized.in the limit of
• perlion who contracts to perform.

requalifying of all personnel who error calulations perfornieiffor each:

• u:,;aterials-control.a~~accounting perform sampling and measurements for material balance period:.The records, measurement s_ervi,'

j,,o.~~orms..with

• materials control and accounting systemmust"beorgariized-f11r:efficient
• applieable require. *... 1iJf paragraphs purposes. the licensee shall retain as a retrieval of program inforritation.*Each 0(hl[4l through (8) ~utJ191thro~h* (;t2J; record the results of per~onnel.
• repor~d i'esuttniust be readily*relatable
• .
• oHhis sectiQn*. C<?nf~FA.~~-must, ;

qualification*or requalificationfor three to the ongimibneasurement data and to

• * ;inclu.de reporting by;,lli'e.~oontractor Qf years after the record is made.

all relevant measurement control *

• .sufficient error dabnO:allow *the.,;.:.

• (8)Theprograni must generate current information,: inchiding pertinent licenseeJo.calculate bias corrections data.on the performance of measuring calibration data~ Records mtiiit be

... :" aitq;meas~ment limits of error,;All:.. * , processes, including, as appropriate; *

• available for~inspection/ -
• :.. * ~ " statistical.stuijies must 'be,reppit~~*!>r
• values-for bias-corrections-and their:

~* :::,......, 1

, - r,ef~_rences in the measurement.report uncertainties, random*error variances,

• ea. In§ 70.58; pa~agrilphs (o)(3}.'(e);

- -,,,llubmitted to the liceri11ee, wlid shall-... limits for systematic errors, and qther* * (f), (h), and U) -and' the introductory text . -,.ha:ve* access to the contractor's.. '. *. ** . 'parameters needed to establish the of pliragt!lphs (i)

• imd (~J are-re;vised t(!
• :- :. ~u'pporting. control da_ta. The licensee uncertainty of measurements pertaining read'BS'follows:'
• shall perform reviews fo determiiie:the to materials control and accounting. The adequacy of the contractor's program*

program data must reflect the current § 70.58 Fundamental nUClear material. aiul'iiudits' to verify conforma11ce with process-and measurement conditions controlS. * .all q9-pects of the program.1:{eview~ and existing at the time the control . alldii!fmus_t,be performed atintervals measurements-are.made. The*licensee (bj *.. * *. ,r*, -... . not to*e:icceed.1Z months: The results of shall record this data and retain this.* . (3.);Material,co.ntrol and.accounting .,re,.,Jews and audits*must betdocujilented record for three years after the record is functional-and organizationat. -.,,,

• *.. ::and:reported to licensee maJJagement.

made. Me~utements which are not'

• relationships must.be setfort,hin writing
• * *.- The *licensee* shall retain the record-of-controlled by the program'. may nor be in job de11criptieris, organ~atioi:lal
  • .th.tt-r.esiiltil:ofthelfoenseereview.and used for materials control odor *.

directi'i(~ instfuctioRS, pro&edure~. * . 'aµdit-ofthe*corttractor1s program for.. accounting proposes.. The program shall manuals, ett:.,l'his documentation-must. . three years'after the' reqord*J& made.

• include:

. incb1de' pQsition. qualification.;~,... :. . s".. (4).~ Qrdeno ensure thatpotential

• requirementssand defmitions di:-,..

.:.,o:J!Ou'roe!~f:~ampling,errQrlJie i~e~tified:.. (11)(t).'Fh., licensee shali-estabiish and autho~~es,..responsi~ilitie11, a!\\d_duties.

• ..,.,,,,1:1iµl.~l~~l~~:~res~tatiye,;:-

. maintam *,statisttoal coptrol-&ystemf. *. Delegations of_~aterial contJ:81.'ands- *,, 0**Pf<l~f;!_IJ.,~~~e~~-~~t~-~s{ti_e

• mclu~ ~ontrol chat1s,and format*0 _

accounting*re.sp(.lnsibilities.ao'altt::,::. ~;:* '. .. ~ -:. PB~:~~ welJ* cJ4tr~t_enzei.t**~ :. ~ - - stiltisffcaJ.'prdcooures, designecpo. ~. iauthority-,iilust~wri~!lli~~ J? & t(J,J~l!6Jimi,Qf.. ~V~tjfy,thW'"

• nionitodhe q~ualih,-of'eacli type 'of'*'-~

liceoik!e:ahalUeurin,thlai-do~i1.0iento.tiQn *

• t.(of'exis.r....

duri!i.for:

• *, '* *.-~3.*

. aaa:ree_* *.ord.i'untit:t,he;GoJDinida~!;~-;,;,:. ft.;.,., *. ---"~-""!5 _program.measurement. Tlie licensee ...... ~~,.:._, __ '* -,,,~-C1~l~iicl :_.... ff!nal11'.!ff.4"c:,

• shalrt"efain' a ccipy' of'tlie curieri~..

. termmatea:-eacb licensa-tliatiruuwnK3.* " -*~ \\f?f~,,~~1rm.,'~limp~~mt¢gpff~~- -:~ atati&ticah:ontrohysteiil*a1r~Hecorct-.' the,activify,thatis aubject.tal~tention'.of ... *:-t!r.a~sp~~~a11d storage.:'.Oie;li.n~ns~;;r*

• • untit:thtf Coininission tennihates each.* -

the dof:wmmtQtion.~aadJf..MY!IJQ~on:of ..,,.sfia!f#c~rd:lh~ ~aj~lt~"~f':th'~!i~!e\\{: -... licenscHhat.aqthorizes possessiott of the the documentation!ia.,su~ede'd. retain . ::~p~ess~~n~ ~llee~*t~s~.:~~,~all:... -material that the system affects and... thasupersededmateriaH9rJhtee:y.ears *

• i- ~~-m,a~n~tho_se res~ all!~,rerf!fi for'as sfaall~tain*copies of; such* system.
• a:ftet each' change.

.,, ro~1a~:tliat;sampl~*sr~~,Jlllf*l,Jn'USe. documents;for,previousinventory s

• • -~

'.< i, ;::.;.. ;,,:;. . : _aru:l!fo_r three-1.ears.,fo~o~ theJ,s~. :*.. p_erlods~:a*:record for, three,years. after ( e) A systeni mwit be: established;-, *

• suc~~use;;'l',h' pragragi n.1l:Jsl_.cin,s~}f.i,at 1hey,4r~rep_laced>..,

maintained; arld:foHowed'for:.the:,i-l * * .*... :* s~cli_,pl'.Qce~w:e~ are*m~*~a~~~ct ~~**: **'. {iilCont,Qt chart limits.must be measurement. of all speciahiu,alear-<-, '

• ~!fowed: and, that*aa~p~mg*f.s:~o~ilaf:d:.

. ~at~bUs:l.l,eci,to be equivalent to levela of material received. producedlort *.,.* . *.. * *~ 1!1~-p~ures ~ol'.'es~~~*~1,,i:i~*:-, . signif,i~~of0:05 and 0.001'. Whenever transferted'between MBAsdi-iuisferred * ,... * ** :.

• lnru~s*fo.~ systematic erro.rs; ~nd:rapdom conb.'Ofela ttxceed the o.05 *control from MBAs to ICAs, on inveritbry; ore.'

i::*7ii.ii~;t*~.:;.tir:~:!f!~!§* *.5;f':£§i~*.

• .** * ~ * ~ceii'llo"'s/

~ , * ' -~- d f in'

h. c:ord:J thr

• quantity,except\\for.pluto~um;bi:,r,yl~i~

!{ii!;~~' ~J:}dili~tS~" ~~!lii=ik*. ~-, _ *

• ottliif igni.installa
• '.,?*:"'*,,\\, ' *
• system !}t~tgeneratedthe data, must not plutoniwn
• each: *arid reactor,,irradiated.

,.,~,-.,~p~~~l{Opjl.tt~ta.Jcalioraticin. *andlhe * !:Je,used for materiaLco.nlr9l-and* :* *, fuels involved in research;:development,

• . operatjon_oJ e11ch' systi:,riL Tlitise....*.'.

a~owiting PUFP0Ses, a.ntiLthe*d~ficiency - and evaluation progra~s in facilitlett'. , ~aly~e8 anjfevaluatio~* mllSt*be'- h~~ been correctiid and the system has

• other thanirradiated-fuel reproces~ing

. ** * *-~~itfecL.wAA~eve~.a~riN:hange.. been bropgbt.int<> *con.~lat the-0;05 plants-. The system mustbe*desar.ibed in ...*. : it)t;tade.'in;iny:compqrientph.1Jy&tem: co~le.vel.. *.. - ::..,_. *,.. writing and provide for sufficient : .. nieJiGep.se~.\\shalt~idj~~n.,isrilts,of-(1.2fthe: licensee shall provide' a. * * . measurements to substantiate; the* tlfeile apalys.es ~d e~lu~li~Qs' arid.... records. syste~ in which all data,, quantities ofelement-and isotope ., ret~in these;recoi<Ji{fqr:tlw.e;Y.eara.aftet. ** information, i;f!ports, and documents measured and the associated::limits.of *.

• _ ;t.lie.. lif~ol~e:prq6'1jS,Q,F:~tµpme~t..

generate~ 0by the measQJ"ement _control error. The.licensee shall relil;lrd ther. i ~-: '\\li)i~,ced.~ala~~~,perfo~~e*,._. __,,,. program;\\.lllllSt,be*retained for three.. . required measureinents.and'lstiociated.

J;rl~~--ust'be;e_sta~l!s~*for-tha,,,. *..

Y,aJs;_Records must include.a summary* limits:of error.and shall retain*any,._ -,... ~ ,r,.. *** ~ '*

record associated-with this*system for three years after the record is made. three years after*the reco'rds are made. This system shall include:: -~ -.- _ (5} For eaclf.item,of m-adialeil fissile materiat: *'*""*,***:'~--=-~. *- (f) Aprogram must be established, maintained, and followed pursuant to § 70.57(b} for the continuing determination and control of the systematic and random errors of measurement processes at a level commensurate with.the requirements of § 70.51(e)(5}. The licensee shall retain each completed record required by the program for three years after the record is made. . (i) Ide~lifi~titfn1iymoo~liiumber _ 84.*Jn § 70.60, paragraphla,) hicrevised and/or serial_'numti¢r:**>: -**. -~ *

• to read as follows:
• "(iirIITHdiation an1J'decay*history*to *: *

§ 70.60 Wel~ng--~~'----.... the extent appropriate to demons~rat~:, -* ...._..,._.. _----=- that its niiclearand*thermal sealed sources. . characteristi~:comply-with license . (a} A licensee m~y perform well-

• conditions;.and
• logging operatio~s with a sealed:source

. * (iii) Any a~_ormal 0 ~ unusual. - __ only after the-licensee executes,a condition*:relevant*toradµttion safety. written agreement with thecwell owner (B) Date ~th~*~hipment;*** or operator \\llat. within thir,ty (30) days (7) Fo~ Fissne Glass III antl fo_ r Type _B _ after a well-logging source bas '.~en l, classified -as,irretrievable, the following packages_, :*~-WJW~t(:ial contro !I -~ (h}-A system of storage and internal reqw_*rements w __ ill be _implemente. __ d_. The exercised; *.,,~- ~: handling controls must be established, Ni] Na : tr ~ ' licensee sna_ll retain thiswritteo._ _ l" - Ql

• maintained, and followed to provide tra_n_sfer_ e_ e agreement,as a record_for thr~e,ye.mi

,. ~- *

• current knowledge of the identity, after cornpletipn of th~ ;\\!~~ggivg _,

J~l Ad~¢:)~ki/1iich the shjpme:nt quantity, and location of all special operations that 81'.8 t~e.s~bj~ct:~~e.- r.{~.m~~iiji(4f:; ~: * '.._.,.:.' :.,'- nuclear md aterial ~ontainedd witht i? a agreement. . _ 7:,;;":c:<,*,_ *.,

• {~O}R.es~lt.s pfilie det.::_rm.~ations.

plant in iscrete items an con amers. .. :~-, _.. *.,_c,,~.'. _ *;_.-,. regwJ'.~.by.§'1'1.87..and,uy~.ua:.. The iicensee,shall include procedures as ,con_qijip~:of:thll. ~~ge.approyal. specified in § 70.51{e)(1} and retain any PART 71-J>ACKAGlNG,A'1{0~/ _ (~ftlie:llcensee shall make-~vailable record associated with the procedures TRANSPORTATION OF'.RAblOACTIVE to-:theCommission,for:inspection,.upon for six months after the record is made; MATERIAL re~*sonab1enoti~alh-ecords required*. (i) Procedures for special nuclear by ilijspwi.Records.shall.be,considered material scrap control must be

65. The authority citation'tot:Part7t

• validoru.y if stamped, initialed, or established, maintained, and followed to continues to read as follows:

si~ed.and_.dated-.by authorize~ limit the,accumulation and the Authority: Sec. 161, 88 Stat.:~Jtil -. personnel.or.otllerw!se auth,enticated. uncertainty of measurement of these amended {42 U,S;C.:2201}; Sec. 3Jl. llS SlaL ( c) F.al_:)I. ~nsee fil.!clll, piailitain *. _ materials on inventory. The licensee 1242. as amended,142 U.:SC.'.5841). *

• _

sufficient--wrilten-reci>J:ds,to ;furnish - shall retaina,copy of.the cunent 86:'tnl'lU;-:the exisfiitg:P~ is. __. evidence,ol~,quaf~ty 1>Tpadtagis:ig., _ _ procedures as e reoord--uritil the designated {a)and thesecti.tmheading - Thenlcords.. to.be maintainedinclude CommissiOD -terminates each license is revised ;and a rtew paragraph (.hl'is _ resnits.of :~.;delemunati~:regajroo,*by that authorizes tbe,sctivity,,thaUs added1o-read.,asJolfows: 7.i~~,design..fabricalion,aiul~bly subject to the reteiltimi of procedures ' cc:* ~ -*-. 'ieconls;,. records; results ohevi~WSfi~nsp~&li~

• -and, :ffany portion of the:procedures 1s

§ 71.-1, -~ and- - -- -- *

• _-- tests;:aruhiudits;'rei;uits 'of-111oni1oi-ing-0f

, superseded;-ret-ain:thesupeiseded. -.- -; * :.. 0>.. ** -. * <*., - work performance and materials.. por:tio1i"tfor three years,after:e.ach {b) &ch-~~ requireti":b_y_ this ;part

• analyses; -and-results of maintenance.,

chan~Such procedures.most include: must.be legible,througbout t_he retention modification, and repair. Inspection,*

• s:

.period specified;by-eacb Commission** - test;and:auoit-recol'ds must identify the (j) Pijy.sical inventory procedures must regulation. The recordmay_be:the

• Jnspect~rordata*TeCOrder, the type of be established, maintained, and

__ -original-0r.,a reproduced ~.PY or 8 ,.-obserMa-tion;: the-results; the. _.. followed so that apecial:nuclear.material ---microform,provided_ thtt_t,tne:copy :4>r. a*c<:eptability,"amUhe action'1aken,in balance and their-measurement microformu :authenticated by connectiori--wiih any:deficiencies-nol~ uncertainties can be.determined on the authorized.personnel and that-the The records;must be retained for.the life* basis of measurements in compliance microform is capable of producing a * -- of the packaging to which.they apl)ly with.ihe materialbalance and inventory* clear-copy throughout the required and three years thereafter.. requirements and criteria.specified in retention period. BS. In§ 71_97, paragraphs (c)(4), {e}, * § 70.51. The licensee shall retain 8 copy il7: Section *-71.91° is revised to read as and (f)(i)are.revised.to *rea_ d as foHows: of the current procedures as a record follows: until the Commission terminates :each § 71.97 Advance notificaUon of shipment license that.authorizes the activity that § 7.1:.91 Records. of nu~ar waste. is subject to the retention of procedures (a) Each-licensee shall-maintain for a and, if any portion of-the procedures is period of three years after:shipment_ a superseded, retain the.superseded. record of each shipment of licensed . portionfortbree yeai:s after each material riot exempt under'§ 71.10, _ change. - showing,.:wbere applicable: * (k) A system of records and reports 111) Identification -of.the.packaging by. must be established, maintained, and model number; followed that will provide -information (2) Verification-that th~_are no - -** - sufficient to locate.special nuclear significant defects in,the packaging,'as -- -material and to close a measured shipped; material balance around each material (3) Volume and identification of balance area and the.total plant, as - coolant; specified in UD.51 *. Auequired by. {4}Type.81ld.. quantityofticensed * * §-:7o.si.. theJicenseeshall~taiD.the._- material.in,eachpackage:, amUhe.iotal- - records associated*with this.system for*. Quantity of each shipment;. -(c} * * *

• * (4) The licensee'Shaltretain-a copy-of

.the:nolificationas-a reGord for.~ years. - - *,1e):Be11isi~.nr,tioe. A licensee who . finds:thahcbedule-information- - previously~isl,led:to a:govemor or govem()r'11~in -accordance with this-sec.tion;.Willliiot* be met. shall, ' tel~p}toue-aF~sible*~-th~: -_ office*¢~:of,the:-State.:n~of.

• the g~or~~**and-:inform that

, individuat-Gf;fhe extent:'of;the delay, include the instructfomJ:IJF'procedures beyond* the.scbedule:drigiimlijr reported. whiclt establish a records r.etenfion The licensee,slimfmainHlbriatrecord: of* program that is.consistent' with the nameofth3~,a:imacted.for applicabl~regulations and designates three J~l'\\I'-".* *,:,: ** ;'ifi~i"" * ** .

• factors.such as duration, location, and tfJ * ~ *" : :. '."".. '-0~,;:,;J'.;L:*- *.*
• assigned responsibility The licensee (2l The-licensee*31111Uii*,~ the-*

shall retain these records for three years n.otice that it<isa,cancelliltf1ll);ami shall: beyond the. date when the licensee last identify*tlie.advanee notification which

• engages iD the activity fol! which the is beb>g:eallileiled,,The:licensae shall quality nsunmce programwaa retai11,a_copy oi the now:eas,,e riecord, -

developed. If: any* portion of tlm written for thr~y~.* procedures or instructions is

89. In f1M01-. paragrapti (b} is superseded. tlle*licensee shall retain*the*

revflied to read ml'follow:sr **.

• superseded material for three yoors after

~,.,.. Subpart.H-Quaffty~Asammce § 1t101,* auanti aswrai:ice reqt,Irements. . it is superseded. PART 73-PHVSJCAL PROTECTIOH:OF Pl.ANTS AND MATERIALS

92. The authority citation for Part 73.

contin~sro.readas follows~ -Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); Sec. 201, 88.Stat. 1242. as amended (42 U.S.C. 5841). 93: Iri § 73.24. paragraph (b}{i) js revised to*read as follows: § 73.24. Pnihibltion& (bl,** * **...,.. (t):1.'lie* lii:enseiishatJ,corifirm arnJ;Jrig: ' the ari-ivat* if;the' fmal':destmati'on ot* . each'individnal'"shipmmitsand:remm& log for three-years from the* datirnf'tfle-... last entry.*in the log. The licensee.mmU - also schedule shipmentslo ensure that the total'quautily.c~.two, Gl'moi"e . shipmenta;iir. transit-atithe,.same*tim~ does noJ. ~qu.al or e~ce~q the forJim~. quantity, or ' ' ' ' ' - ' ' ' ' '.. * ' ' .~...... ~.--- 94; In §.7~-~Jhe,inlI'.oductory text to paragr<(lphs.{b){3T and(c){ll are revised* to re~d,~s~~o~" § 73.25 P~c:e caprabilltlesfor phpieaf protection at strategic: speclaJ nuclaaunatertaHn tnmslL (1} Detect attempts' to gain unauthorized entry or introduce* unauthorized material!J into transports by deceit using the following subsystems and subfunctions. The licensee shall retain a copy of the current procedures.required.in paragraphs ( c)(l) (i} and {ii) of this-section as a record.foF three years after close* of period licensee possesses special nuclear material under each license for which, the procedures were developed amt if any portion of the procedores. is superseded, retain the superseded material' for three years after each change. 95'. In § 73.26, paragraphs {c} (1){ii} and (2),-theintroductory text of paragraph {d}(St, amfparagraphs (dff 4} a~d (e){1Jare-revis~-to*read as follow~ § 73.2& l"ransportatJQ@llfsk:al protection syst~ms..a,Ullls~-camponents.*md* pracedur.es.. (c)***,.* ,fl};--* 1t{"11r...

i.

:*

(ii)?The shipinerit'shall be pr~at all times within the.geographical'lnmits, of the United States as provicfed!~.this. secµeri ao~U 221i~d tu~:1ilt\\!) *., licens~ ~ ~elf(;hrec;ord,,a* '. ' required byJ~~~~.,tht:e8i,,.*. years after.~l&ieu.see,,,, *. p0$~~e&8petjal 11udeat! ~ uri~e11 eac.h, ~~e,aut}iarizing th~- ' license_e.ti),sJiip,~m~~IL,,. superseded' ll}af~ij)e~~ ~II* each chang~, (2).A licensee whO'.exports a formula quantity of strategic special nuclear-* material shall comply.with the requirements of this section and §§,~3,25-and 73.27, as, applicable. up* to, the ftrst

• point where. the shipment i& taken off the transport outside the United States..

The licensee shaU retain each*record required by these sections for*three years after close of period licensee-possesses special nuclear material under each license authorizing the. licensee to export this materi~. ~q.. superseded material for'tliroo years after each change. (d) * * * (3) The licenseeor*the-licensee*s agent shall establish, maintain,* and folfowa-written management.system to provide for the development, revision, implementation, and enfon:;ement of transportation physical, proteetfon.. : procedures. . The licensee or-tire agent shallretailr as a record the cunentma1111gem2nt' _. system for-three: yeal'!f aft<< t!lOStfof-period licensee possessesc~ieF nuclear. meteriahmdertlia lieensefor

• 4',1:456 : * -Jfede~-:,iui~e_r'J/.,-'Mc)~.. Jn,; c;~,{~Ql' ~ffiW.AQJ.1J;'!Jdiji1 ;.l.qtjtob~t,:*,1Jl\\~7J~~9@it!~~..:; : _:,;., -~-;~_";)

c;o~~i~~Y

fihe ;;:t::vi~l~~~:;::~~-: t1i1th-ili~:;;!:~::::~~hd!:i:::r:::. ~~~~~::i;::.:::!.~!~,~tl,~;t;;

retain the superseded material for three and, if any,portion of-,the-pr.o.cedutes *is Respo~bililyiMtdriXi!-The'fifth.*category'.

• years after each change. The system.

superseded, retain the superseded.

• ofinformaiion;1Jrdcedures;ddessnot* *.i; shall include:

material for,three*years after each. i . have to'oe'mibrnittedfor*appro\\\\all-l 1* ** *':I: . change. The plan sliall 'becoine effective arid Be (4) Neither the licensee nor the . (3)-lnclude*instructions..for,each escort followedfbytne'lice"nsee*30-'dllys,aJter ' licensee's agent shall permit an and retain a.copy of.the,aurrent approvat:byitliif:Comriitssion/ **, *' ** *,_;,,- individual to act as an escort or.other instructions*as a-i'ecordlor,three years* (cf:*.,~*','""*,,;::;:;;*=*** security organization member unless the after close ofperiod:licensee,possesses

• (2) Detailed'procediires-developed-, :. *.,.*

individual has been trained, equipped, special nuclear material,under.eaq_h .. accotdingcto:AppEiri'dbr:C to this-part-*** and qualified to perform each assigned license that authorizes.the.activity:that available at-the litiensee's site;-*The' * *,: security job duty in accordance with

• requires-the instruction imdre'tairi,any
• licensee;~tf i~tai,n_:.a"p9py,0Hhe * *.,\\,

Appendix B, of this part, "General superseded material for three.,years-after

• current,pro~,d.~~~s:1u:~~or-d ~til-t~e;;,-

Criteria for Security Personnel." Upon each change. Theinstructions.-must,. : Commissi *- ** ** inatesthe license for the request of an authorized direct that.-upondetecticm-orthe whioli uresitwere;aev~lopedi;;;::- _

• representative of the Commission,- the

abnormal presence of unauthox:ized.. * :- :andi.

ion-of the,procedlire.s is'.. licensee-or the agent shall.demonstrate persoils,Vehicl¢s;or-\\'~ssel11tfn:(fie ;*f,t.'i.:. -sup'***. .,. Jlli'ithif.sq~ffkiiied;;-'. ': . the ability. of the physical security vicinity of a spenlfi!e'J1/4iijipmen~J>i u~ ;- material{odh.re~ y~rs' after each_, personnelto carry out their assigned detection of a deliberately:-i~d,µi:;ed_.. '.. *. **. *change;'Gttff;;;U:5 ~,,. i'"' :..:;"", :. '.,.:.. '.~ -,~-* duties and responsibilities. Armed situati~n that has the ~,o,t~riti~,~Wf.-,., '.. :, -!<

• .* - ;*-.,_.*.,;_,: *;:_ c::...,-,..

1.. _;

escorts shall requalify in accordance damaging a spent fuel shipm~nt, th~ .. :. (dfl'h~ifo~~~e~'llhall prt>viddotthe with Appendix B to this part at least escort ~ill: '"**.:, * "' ' - ~/'\\". __. implemeil'.tatioq,,t,evi~ipn;*and *--* _*. *. *

• every 12 months. Each requalification maintnatice ofthis saf~guara&'_

must be documented. The licensee or the (5) Provide for maintirianca:Qf ~

• contingency plan. To '.tliili end,0the
• agent shall retain documenta tiori of the written log by the escQrtif~_n,f -,1, -~ *.,.*

licensee-shaltprovide.for a.review at

• initial qualification for the.term Qf communicationlj centerpersomiel fur

-least every twelve)ii9riths*.ofthe * * *' employment and of each requaHfication

• each spent fuel shipme~t,.~l:tifl}i:,will_:,*--.. safeguards_.cor).tiryj~y;iila11-hy 1:.: _:*-,

as a.record for three years from the date _include information d_escribing the *.

• individuals-lnd~P,~l)~e11Hifbptli".iiecµri:!,f.. -

of the requlllification. shipment and significant events that..*: . program'ma.µ,ageineiit-a*ndJ>,ersonnel' ~'; ' occur during the shipment,-and.will be: whb'have dirept re,i>6tfs1bility~foi (e)-Contingency and Response-Plans available {or xevi~w:by,au,hpri~d1WC.: i:nq>lemeril~tio!i;~f~~,.,i_ecµpty~p~gra.111. . and Procedures.,fl) The. licerjsee:()r the personneUcir:a perioa ofat ~ea~t:tbree *,. '" : :The t'eview.itha}J]n.ql1ln~:,a,J~~~w. 11nc('. -licensee's ag~nt,shall.-establi~*. *. *. : :.

• yeaiifoUowirig*.coiiipleJi<>n 0£:iheT _: ;;,.:.,, *. :audirofsa{-eguard~iiijfigent:y *:* } "} : *

  r::~:::::::~:~!:ro~~~~i;~ :,,!htm.~~ */\\~;\\i.'.;i~;:t:/~*rl.f :*: : ; : *

'.: * --~;=~=:=ii~1::!t;!!:L :.

• with,.threats, thefts,and:radi:olo'gi'oal', ;' : ' 97. In i1a'40,.paragr~ph:li tbk(t1){2)/ 0 -;i prog~~~-a_iid~H~\\qf:tlW*'!~~g_t1~ipij//*: *;.

sabotage related to strategic spei::iiil,. '

• and (cl) are ~vised,t_o-ri!ad:1tsifolJows: :.
• s~te~,alo~1~~~o~~~Js,,,,,;'-:c,,i,c./i':'

nuclear material in transit subjectio*th_, e . *,.c-,,,. r,>: *:,, ;:,~; .,estabhshed fqrr,~po~J>yJoc.ahla~r r, pro~sions of this section. This § 73:40

• Physical protection: 'General enforcen:iefi.tauthoritie~; :The._.r~J~ts pf.

saf~ards contingency plan,inustbe in.

• requirements 111 fixed SHea.
• the re_view an? *audit, -alq~ !'!* > :,

accordance with the,criteriain reco.mme11_d,ations,f9r_tmpro.v~ine~t!I'... Appendix C to this part,.'.'Llcen1:1e~:._ *"*-. '(b) Eachlicensee subjecn9'the. shall be documenteg.~.P1>l'.!edJ0Jbe... Safeguards ContingencY:,Plan." The,.

• requireinertts of§§ 1:t20; '13.45; 73.46; licensee's.porpora~e and plant,, <:; * -,, -*

licensee or the agent shall retain lhe 73.50, 73.55, or§ 73.60 shali prepare a management, and kept available'l}t*the.i contingency. plan as a:record f~r-three 'safeguards contingency plan:an*:.

• plant,for i11speption:for,_i!. period,.of three. :

years after close of period licensee

• accordance with the criteriasefforth in year:s fti>m.th11.date of1he revi~w:*or **

possesses special nuclear mate'rilil Appendix C to:this part The licensee. audit.** under eachli9ense for:whic~,the plan is shaH*retain the current plan as a record *

• 98.111 :§ 73,~,paragraphs (b)(a)(i),

used and superseded matenal for three* until the Commission terminates the (b)(4), (d)(~),:{d)(lO), ld)(lS), (h}{lkand.. years after each change. license for which th~ plan was -* _ (h)(2) are revised to r-ea_ d*as follows:. developed and, U any portion of the plan

• 96. 1n § 73.37, paragraphs (b)(2), (b )(5),..
• is superseded, retain the superseded
• § 7U6 Fix~ site p~y.icai pr,teQtion *_..., *
• and the introducto~. text of 'pa_ ragra_ ph, _ inaterial for three years after each.. **

systems; subsyst~s,.cornponenta,:and cli_ ange. *The safeguards_*,conting' en_ cy* proc_ edur'es: . (b)(3) are revised to read as follo~s;..

• plan *shall include plansfor deaiing with * *

§ 73.37 Requirements for.physical .. threats, thefts; andi.ndustriil:l sabotage:*

• fl>f * "'*
• protection oflrradlated reactor fuel In relating to -nuclear facilities licensed ** *' * * **.. {3)' * ~.*... f : ** **:' **

transit. under Part 50 or-to the possession-of * . *(i) Written'sectirlty prbcedures*tliat' special nuclear material licensed.tinder document the structure of the security (b) * *

• Part 70 of this chapter. Each licensee organization and detail the duties of_

(2) Include and retain a copy of subject to the requirements of this* current procedures for coping with paragraph sball,submit*to the circumstances that threaten deliberate CommissiOJ!*for approval the fi~t four damage to a spent.fuel shipment and categories of information contained-fa with other safeguards emergencies as a the safeguards contingency plan; (The record for three years after close of first four categories of information, as period licensee possesses special set forth in Appendix C to this part, are 1 Licensee~ :liJ1bjiict to §°73,55 may inoiiify their. physical seciinijfiiliins to incorporate* contingericy

• plan informtttio,if~pecified in Appendix C to this part, A p~fa@ifiecurity plan that contains all:lhe informatioil;reqilfiid'in*both § 73.55 and App_endix*

. C to.Part 73 seli~fies*-the requirement for a contingency plan. *

"t]f r '-* ti/._

• l. I' I I
  • l'edenr't~ t _Volt *sz Not. 20& t. Wednesday/ Octobe *~. lW1 1 *~cHmfei guards. wa~men.,and*otherindividuaJs-or otherindividualdesignated by*the responsible. for securitJ{, Thelimmaee lieensee while in a protected area-and:

shelhetain:*,~PY of-the,.vUl'JeBt0.,,.. shall be badged to indicate that-an procedures. as, a-l'eGGl'd~Lthe,, escort is required. In addition, the Commissiori-terminatea'Jbe license for indi:vidualshall be required. to register . which they were develQjJ~~- and,.ifany

• his.or*ber name, date,.time. purpose of port!on oJ the proced~~*yt. ~fer.seded.

visit and employment affiliation; retam th'e superseded'~!ert'alfor. tfiree citizenship, and name of the individual years after each change;- and: to be. visited in a log. The licensee shall retain each log as a record for three-( 4} '11ie*licensee shall ru;>t-permit.an* years after the last-entry is made in the individual to act a:s a guard., watGbman. log. *. armed response perso.n. or other member of tfle secwi.tll'. organi2atfon (hJ " "

• unless the indi:vfduaJ:haa. been trafu.ecL.

equipped. and qualified fa p~rform each (1) The licensee shall haw a assigned security job duty in accordance safeguards contingency plan for dealing with Appendix B fo this part "General.*. with threats, thefts, and radiological Criteria for Security l'ei'sonnel:" Upon.

• sabotage related to the strategic special thee reque~t of an autlu>riz~d-.. __. '..
• nuclear material and nuclear facilities representative orthe Commissfon,.the subject to the provisions of this section.

-licensee shall demo_nstrate the ability of* Safeguards contingency plans must~ lli-the physical security p_ersonnel, whether accordance with the criteria in. licensee or contractor employees, to Appendix C fo this Part. "Licensee carry~ttheirassigneddutm$a~d... Safeguards Contingency Plans."

• ./

responsibilitiesi. ~c& guard; :wat-an.. Contingency plans must incfnde, but armed;respoJJBe.person.,Ol"other need not be limited to, the response, member of the secm:ity,argmmation. requirements-hi pal'llgi'aphs-lh)(2)'

• whether-a liceilseeor-oontl'actor *
• through (h){5J of thi'l'.I section. The *
• e~,lihall.reqtialify-inaa::oraance licensee shall retain a C?PY of'the **

with.AppeiitfutB..to.. t.ma,pmtaUeast: current safeguards con~~ncy p~~n as. superseded material for three yean after each change. . (~) Thelicemree shall nor-permit an* md1vidual to act as a guard, watchman

• armed response person, or other member of the security organization unless the individual has been trained, equipped, and qualified to perfonn each assigned security job duty in accordance with Appendix B, "General Criteria for Security Personnel," to this part. Upon the request. of aa authorized representative of the Commission. the licensee shall demomtrate the ability of the physical liecuritypersonnel tocarry out their assigned duties and responail>ilitie&. *Each guard, watchman.

armed response. person. and other member-of the security ~nimtion shall requalify in acoordance with Appendix Bi ta, this part at least every 12 months. This requalification must be* documented. The licensee shall retain the,docwnentation of each requallftcation as. a re-cord for three years after the requalification. * * (c) *.,. *-. if ev~tt:montha. Thia.~

• a~*unfiltheComnumon *.
• shall he aocumente1t l'he-clicemee:iba1t-~--.. ti,mninates* the license-and, if any..,. _.

. retain.the-doGWBelltlition,of:eacli ; *.,, *-: -.. porfiinr-ef. tfut.ptan* is supersede-cf, retai~,. .requalification as a* reoord:fi;t three-.;,,.

• the superse_ded ihlrterial f!>!._three years.

(5)"fndi'vidnals not employed*ljy the'. licensee must be escorted by a **-* watchman, or other individual.. 2* designated by the licensee, whilein a protected11ma*and must* be badged t<r

• iridieattflhatan,esoort is requited. IA.

years after the requalificatfoii.

• after each change.

(21 The licensee shall establish and ( dl:- ~

• c'>.

.... ' : ',,_ ' ~ :. ;*

document response aIT.angements that f3},The licensee*shall.estalt~~-and.. have been made with]ocaJlaw,. follow w,i:itten,e~a that;w.ill,. *

• enforcemeat authorities. The licensee permit :access*c.ontrol~nnetto :

shall retain documentation of the identify those veliicles tliat.lll'~;.... current ~angements as a record until authorized and those materials that are the,Commission terminates each license not authorized* entry te-pretec'ted.. ' requiring ihe arrangements and, ifany.. material aecesi, anlfvitaTaren:,Tfie *-**,* . arrangemeDt is supersedecL retain the licemree stialfretain a ~opy,-of~: "::'.,,.~ superseded materialfor three years after current procedures as *a record uritiT;tlie *.. each change.. Commission terminates eachlicense for. which the procedures were developed,- *.

99. In §: 73.50. paragraphs. fa) (3} and and, if any portiorr of the;prooeduresist, (4).;(c}tlij.._;and (g): (1) and (2), are revised superseded\\,ietaui the*~~cl-,

0 "'n:'*, "' to read as follows: ma teriaEJdrthree ~tei<.-eactt,.-. * --~,: ' ?hang;** ' ;.. i: _.,. : ':_;.Jtt.~Jii; '*... !f!!:1~:~~'t~~::sa~°Jv'::::ca1. (10}'.Before*exitingl

• • • teiiafi, access<atea, conmmei-9,

,, - hmiiitated ( a J *. *

• wastes,shaB-he drumscaiinetJ'.amf.:- *.

(3)The licensee shall establish, tamper sealed by at least.two'--::**'.. maintain. and*follow written security individuals~ working and-~ng,their-procedures that document the-structure findings, as,aJeam, ~-do:nol'ftB'Ye of the security orwmization and detail .:access. to mat:erial'pt'.O<;essirtg:.antli '* *

• the duties-of guards,.watchmen, and

. stora~!1reas. The-license&-sliaD retain othedndividuals responsible for the records ~ these.flhcfmgs frir*thtee-. security. The licensee shall retain a copy years after tluf~4i1fmaqe.... of theit:urrent*procedures.as a*record.

• untihheCommission*terminates,each

. (13},IndividuahrnoJfpe=rttedifJt~e *. * -' lieense'for which the,procedures-Wl1N liceriseir,tfJ;eeter.'pmfecte,ci':a~,wifboiit developed; and,, it any*portion of. the

• escort shall:ba-mccme~byai.watchman.. procedures:issupers'eded.-~tain*t&e-
• addition, tlie licensee* shalt require that
• . each, iddividual m:ft' employed by the,
• licenseeregister his _!Jr lte'l' name. date, time. purpose of visit, employment affiliation. citizenship, name and ba'dge number of the escort, and name of the individual to be vfstted; The licensee shall retain the register ofinfonnation

for three years after'the last ~

is made in the register. Except for*a drivel' of a delivery or service vehicle, ari individual not employed by the licensee who requires frequent and extended access to a protected area oi: ir:vitatarea need not be escorted if the individual is provided with a picture badge. which the individual must receive upon en trance into the protected area and return each time he or she leave~ the protected area, that indicates~- (i) Nonemployee-no escort required, (ii) Areas to which access is authorized, and (iii) The period for which access ha11

• been authorized.

(g) Response requirement: [1) The licensee shall have a safeguards contingency phm for dealing with *

• threats; thefts, and' industrial sabotage:
• related to-the specialnm:learinlifuriaF:

and nuclear faciiities subject to the ' * *

• provisiom1 of this section. Safeguaidif,--

contingency plans must be ii:i :, *, ; * -* *

• accordance with the criteria iil Appendix C to this part;,;Licensee Safeguards Contingency Plans." The.

licensee shall retaip. a copy of the plan and each change to-the plan as a record until the Commission terminates each license for which the plan was developed and retain the superseded materials for three years after each change. (2) The licensee shall establish and document liaison with law enforcement authorities. The licensee shall retain the doc.umentation of the current liaison as a record until the Commission terminates each license for which the liaison was developed and, if any portion of the liaison documentation is superseded; retain the superseded material for three years after each change. 100. In§ 73.55, paragraphs (b)(1) and (3) (i) and (ii) and (4), (dl(6), and (h)(2) are revised to read as follows:* § 73.55 Requirements for physical protectlon*of licensed activities In nuclear. power reactors against radiological sabotage. beeri,made awar1fi>Uhese., :,;O'.,*;,'

• .. planiis:.app11<>ve'atllh~tta:inirtg,aitd,)*:-~s;+

responsibilities;*,,. ;,,: *.. C :* tjualifications;plaitl.ntllift::be1,li,1towetlsliy*0*

• ** * * * * ***'*.. *.. *.* * * :J "<'.:.. ' :, :.
• the licensee1J01iayt;il:ftl!Mhei-subrtiittedr11:

(3)* *'!.*.

• * *:'* '.'..,., *.* -'"'.,_> F plan1s apprdve'd'bflhf!:lNRe,- ;?,f,'C)'*:~~.;-.(;~('

(i) Written* secilritj p~i~diires that,:

• ~,,,:.,,a.,,'::,.,-1.:f '""'>> :;,a'tot'~:.-7t**;,*-,, -.,*+,,*.... :" *** :J docunient the stri.u:tl.U'e* of tlie'secutity

{ell,.,:,,..,;,,;j;:,. L::1£i~;Jf,"( :,. : *:***"*: *:-c j;c ;*t.~!.

• organfaa tion *and oetai11he'dritieli* of

'(6).liiilrt1a"' al e,,6tiii:tiib'ti~~d :b* -"tbe ' guards, Wil tchrnen, ano ;~tliefirioi~du~ls.. li<iJhs"lie'lci *~ijfitNroYfcfea.arffe~s, !ithout, responsible,for security; TneJicensee ' escort ~h~lLJiti *es~qrteal;>y.a wa ti::hman shall maintain a copf ofthe*Clirren:F or oth~findivi!fu_!i~4.E!f!.i@~teq.by*the. procedures a:s a record untilithe*/ * '. liceris'efjfilll in'.a"'* otijcJed area 'and

• Commission terminates each license *ror shiili'-&e'ha"'*'"etPtifr t1ftli~tan '

i¥JtJ§1~~I::* 1r...*:~i~ir (HJ Pro,isfpnfor ~~U~n;l\\Pm~iilqt,.:_.indt:Qi' .. ' e-,jit~'efu'~e- < . these procenures andanfie~Jjft,iff.t:11:f:' 11haff'fitaiit~_,~;-1fh_'~o'fiieViifffiforin_.,'ation. *_

• thereto by 'ihe* individilal:>Vitif:-ov~fijf;:*:'; fotthree yit;Jtftet:the'1it"st 'entry in the*

responsibility forth~'.s~~il#1Y;(un~tjoris.~:

• ,<*t

,~, The licensee shall retain *each.wiiffen... :. ~e~!t~t:;,_:_:'.;,'=' *, *. ~i- *: i,- -;, < *. * -:... *:,.... approval as a record.for thre.e-yea'ii::.;: ~* .,<:!~:,,..., *

• ,.:.~ **, *.

from the date of,the a;pprov~l:. :*.:.,:c:* ~., * ~~]fii;J~ense~:;h~lf~~t~lish:and (4)(i) The licerisee.shall,ri.~fp"ijrinit~

• docimient1iaison.with'.lot:aMaw..

individual to act as a\\guaia,)v,13.tcbjpan* enforcement.authorities.-'fhe:licensee armed response pers.~ri;,or'.other *.,,:;.,.'.: -~ shall reiain :documeniation of the.:

• member of the secuijty.orgiuii~ation : *.

. unless the individual.haii,been*trafried, *.. current liaiJQn:as.a:irecord until the equipped, and qualif.i¢ii_'topeif~rm~ach. _ Cominissiim!lerinfnates eaol'.Flieensefor *.. assigned. sec;:~ity,1oh.dq(y]n"accorcfance which:tludiais,pn::.l\\'&8 develpped~~pd, if : with AppendixB, "General Cnteria for,,... !lllY porlio1tof.-t}J,eiliaisqn.cfocume~tation ':

• I * * *l.
• u i~_:Superseded.,.i:etamJhe;~~rseded....

(b).n'hy:si*ca/Se*c*;.,.1*tyri..,.0*n1*zati*o**;., *(l) SecurityPersonn_*_e ;'.'.to.,... is.~~rt:, po_n --~... *

• ,r.i.:""'

h . -r. u,._ * :'""a h

• f -
  • ~"' *, 0
• d.r-

~a,teria1,or~!lli.-'\\:fl~te~r&IJ-.:ter,e~c :' -*- The Iice1,1see shallestab_ lish*a.-security... :,* t e.reguest.o anauuion~e *st-:::,:..-:-,.* :,,,. --,.:

h. -

representative Of the Coinmission,,Jlie _;. **c ange,.c: :> J,\\:;;:::'.~:i'?~' :B " -.:*~:*.,: organization, -includir,.g guards, to * *.. licen_see sha_ 11 del!lons. tra. te __ th, e a.,b1_li_*,; t,y* of . *. *,i,":' ~.-:,,;;;,_~'..,;; *.:. ;. protect.his facility ag!lirist r!l_djqlogical. sabotage. lf*ij. contraofguard:{qrce,is,

• the.phY;sica! _s_ecii,ry_ty P.~rtcm~!t,t t# '~~-rcy... * : 101., In §. 73!6~, pa'.fagi:'aphs ( c,{~);:(d)
• 1*

d.r

• th** 1**

out their:ass,oned,d_ uties*and* * * ::::,.,,:

• (~) an_ dI1iMe. ){3)(hr),,{e)(5),,and (e)(6) uh 1ze..,or site seCUl'l

__ "'.,' *_e 1cense. *es.*-,:*

• 6-responsib_ ilities. Ea_c

.. li_*g* uar_. d. *, w_.~tc.. h.. m. ari,

• introcWct.

__ ory" *. texFand_ i(e).(6J){i), :~xi<l*the wri((~n agreement :WiUi!the,contracito.r*. that~ust be retained by~the licenseesas. armed resporise*perlic:n~;'anq ~thef. introducto__cyJextfo'-{e1f4):':{f)f~J:*and. a rec&rd for the duration of.the contract._, member ofthe security organization_ (g)(3)(i),'{g){4Pand,(gJ(5){i}iuie:revised to

• ll cl l

h shall requalify in accordnnce'with. * : read as follows:. wi :eary*s ow that: AppendixB:iothispartat_:least'every*1z*

• .-*,:,i..

(i) The licensee is responsib. ie*fo.tlie * § 73 67 Ucensee fixed site and ln*translt months --(fhis requalification sh'all be Commission for maintaining-safeguards requlreme"!~'.fP.!' ~~ phy~~P'9t~~ of_ d 'th documented* The licen*see"ShallTetain _ special nu* clear mate'"'AI of m""_.. erate and** in accor ance w1 -Commission

• oa uu the documentation of each low stiate_g**,1c--s_' tgn_ lflciance:*' -. **.*..

regulations and thelicensee'.s security requalification as a record for three i - * ** *0

plan,

'y"ears after the requalification.

• • * -. : ~* c; *

-(ii) The NRC may inspect, copy, and .{ii).Each licen.seeshall submit a* (c) *.*~ *

• take away copies of all reports arid.' * **
• training and qualifications,plan outlining (1) Submit;a,security plan or.an.

. documents required to be kept by the processes by which guards, amended ~ecurity plan,describing how. Commission regulations, orders; or _ :watchmen, armed response pe~sons, and the licensee,wilkomply with all the applicable license conditions whether

• other members of the security '.

requirements Qfparagr~phs (d),Je), (f}, - -* such reports and documents are kept by*.. organization will be selected, trained, and {g) ofthis section, as appropi:iate,. the licensee or the contractor,* equipped, tested, and qualified to ensure includi~-schedules of,impleµum_tation.. (iii)The.requirementiri paragraph that these individuals meet the The licen11ee.sha0 reta.ilHt-OQpy.ofthe (b)(4) of this section that the licensee

• requirements of this paragrapb.,The.

effective,secµri_\\y,plan.as a record for

• demonstrate the ability of physical,

licensee shall maintain a current copy of three y.ears after ~Jo:;e, qf.perjodJicensee,;

• security personnel to perform their the training and qualifications plan *as a. possesses spec;ial. n,uclearmate_riaL. : *.

assigned duties and responsibilities/

• record until the Comniission terminates
• under each license.foi:.:whiah tlie original includes demonstration of the ability of each license for which the plan was*

plan was in~bmitted. ~pies of. the contractor's physical security developed arid, if any'.J)ortion bf the plan superseded*x.riaterial shall be t:etained personnel to perform their assigned is superseded, retain the material that is.. for. three.~~i1/4~ter* each cha1,1ge. duties and responsibilities in carrying superseded for three,y.ears afterejich *

• * * - *,/,.~{(J~.... ",:~,,,.'",*,:.., *. * '

out the provisions of the Security Plan charige. The training and.qualifications * -: {d) * ** '~.!'.:~* and these regulations, and plan must inc~U:de a sc.hed~Je:to show *.: -*_ IS,lp~v~~~*~!nt~ih a 'written * * (iv) The contractorwill riot assign any_ how all-secur1ty.personne1 wiltbe'.,,*.. **...

• conµ<olle~'io~ogi.ng:amHopk,system:to**

personnel,to the.site.who have not first qualified two years after the'submitfed.,

• Id'entify,-at\\iNfmit,access'tothe * '

0 *' * *

./,. * '.

controlled,at:eesS,area9-fo,amm,rizedi-.. The licensee-shall retairrem:h-record individuals.. 'fhe;-licensee.-iJDall retain ca,. required by these sections for_three

• record,otthe effeefive;sysfem*for*tli.e *.. * *. years after close of period licensee perimhfuringiwhi.eli,,~1i~e¢..,.*:. * * :****

-possesses special nuclear material possesses-the approp~ei_fypeimd-under each license that authorizes the quantify of specitff*n~t'materiat

• liceesee to export this material. Copies reqmring* this,recordtun'gi!rj~athclie~e*.

of superseded.material shall be retained for whm'the' origfnaJ'ijstein'was,** * * * *for.three years after.each change *.

• developed-, im1ffor*tnree:yem:*. *..

{6} Each. licensee who imports special the~after.:Copies'ofsupersedf!d** *. . nuclear material of moderate strategic ma tenet *shallbe: retairiedfor three significance: shall-yeamfteteaclt clrange; * (i) Comply. with the requirements specified in paragraphs (ct-and (e) (2), (1:t)'Estaf>lisnan,tQ:iairit~in_ written (3), and {4}*of this section, The licensee'

• response*procedures:Jor-dealingwith.

shall retain each record required by threara*of*thefts or thefts of these. these sections for three years after close materials. The licensee,shiil[retafu a of period licensee possesses special' . cop.y of'the re.sponse~procedures' as a. nuclear material under each license that record for tJie penrur: during.wbi,;:hJhe

• authorizes the licensee to import this
• lic.ensee possesses *tli~. appr.qprjata type

. material Copies of superseded material amf qµantity_ of special nucumr material shall be retained for three years after requiring this.reco.rd:rindei:*each: license.. each change. for w.Iiicli. the..originalpr-0Gelfure$~were deveu;,pedanctlorthrea.yeers; (f}' ** *

• therea.fi.er.cCc>pies-~(aup~..

(4) Establish and maintain response ,material,.aball-~ _re~J~ tiµ-ee,. procedures for dealing with threat~.of' -~1,a:s-1r __ :_-~-;,:_.~ __ '._:G_:.~~,:~::~::2~_-_:_r_.*-.-_-_:_:_,_:~,,._:_: -* ~~:::gsr;~~~~io1ai~e--~ -. cment-response. prooedui:ea~s a: record, (iv) Eatabµsh. and.ma~,._wntt.ea. for three years after close: of period re&P.~~dw:.ea*for.de~:~v.ith-., Iice~,possesses special nuclear threat&.~,~*-~:~~.of~c,,:*.',****

• materiaLunder each.license for which material The.1u:ens~=retain, a:,

the.pl'.~~nre!> were established.., Copies i::oi!~: ofJhe cmenf ~~Jpr~s, ofsnperseded material: shall be retained. as a record for three, years after.:.CiJ*of *. for threecye8l'S after each, change~ period:licensee possess~ speGiar: . (gl,...._

• nuh~l~)~,~~~!11,:~~!:~aGii!~~-eJ~

(3) * *-." ~ev~jfo~'i?2:l~~~f~l;f~~~~:it -.. ~=~r~~!1:i~:=~: . ~~?!~~=!:~:-~:-.!,'... :::1::y.~f~~~1:tH!:i~::hall procemll'.es.as.a.recordfor tli.reeyears {M,&wh..Jicensee,wJio ~~the after close of period licensee possesses,* physical.pf.9~~-ofstrategi¢-special, special nuclear material undei;.each nucleai::uu.i~:Jn=q!,l&ntities 0£.,,,..,, license for.whichc,the: procedures Wen! moderata.strategic:significance-,l\\diile iii. established. Copies of superseded transit,or~wllp,t~eQ,delivery,oflhi&i',.t*' _ materiahhall:-be retained for three* materiatfree: oo board {l.o.b.)-:the;tfOint,):;: yelH"S' after, each change. at.which itis*delivered to-a caaier;fbr;._.,.,

• transport'shall coinplywithtlie *

(4)-Eacli_.l!ceilse~ who exports special requirements of paragraphs,{-e )'f l-};;(Z};-~t* ** nuclear ma teiial of low stral:egic

• and*(3);<Jf thislsktiom-'~~~-s!ta!f: *significance-shall comply with the retain each-record req~J,f:l;~-r~t*<"" * *., ' appropriate -requirements specified in-paragraphs {el flf,i{2W

... ~'(i)r.and paragraphs ( c) and {g) {1 land {3} of this (ii) of fhia.sectimirfori

'* -faftm-~--

section. The-licensee shall-retain each .. _ cl~se*of~-Ji~~~,,:.., ::.* recoahequired:by* these:seciions for "-. speciat:nuclem-* inateriafliiitdeteaclt. three-. y*rs-after close-of: period licensee* license that ~~thestf.'licensee: -* possesees special nucleal'*material activities.. Copies,of~ed,material under-each ficense that authorizes the shalLbe retaine1Horthreeyeats-.fter-* * *

• licensee to export this materiat Copies
• eack-c}lange:dlNlddiffim..ttie,,licensee-
• of superse~d material shaa be retained shall-***~,._.,.,.:, * ** *.-~:!"-;;_;..,,. *., **.
• c:**

for three years after eaehchange. .,; __._.*-.*.*:.~ :*',.;.*... ~:.-;i.;r.'*:~<.;ii,::~,.-- (5}\\ *_*-~- *, (5) R~t:hlicensee°wlfu exporls spei:iar (i) Comply*with:therequirements. nuclear material ofmridenife' strategi<t

• specified in paragrapb,s,(c} and (g} (2) *
• significance shalfcmripffwitt#.tfiif.,, *
• and (SJ of.this.section and retain eacli,*. * *

-requirem:ents:spe:cified*ur paragraplis ( c).

• reconfrequired by, these paragraphs fOl' **
• and (e}(l}. {3}; and,(4:)ofthiii section',':*-

threeyears*aftercloseofperiocMicensee* poss~sses special nuclear muteriaf *

• under each license that authorizes the licensee to import this material. Copies of superseded material shall-*be,retained for three years after each change.

102. Section 73.70 is revised to read as follows~ § 73. 70 Records. Each record required by this part must be-legible throughout the retention period specified-by each Commission regulation. The record may be the original or a reproduced copy or a

• microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy thraughout the required retentiwi period. Each licensee subject to the provisions of §.§. 73.20, 73.25, 73.26.,

73.27, 73.45,:7.'3.46, 7-3.55, or 73.60 shall keep the following records: [al Name_s and-addresses of all iqdividuals who have been desi~aled as.authorized imfividuals. The lic,ensee *

• shall retain tfiiiJ;~ of curre~.. '
• designated author.ized.individuaftfur.

the-period during which the licensee

• possesses the appropriate type aii_d qmurtity of spmaI *nuclear materfal requiring this re~ µnd'er ea,ch license that authorizes the activity. that is'..

subject to the recordkeeping. requirement and. farthree:jears thereafter; Copies-ofsuper.seat!lf

• material shall-be retained.for<tliree*

years after each i:hange. :_ * - * [hJ-Names, addresses; ariiflmdge numbers of all individuals authorized ft> have* access to vital equipment or special nuclear material, and the-vital areas and material access areas to which authorization is granted. The licensee shall retain the record of individuals currently authorized this access for tire-period during which.the licensee possesses the appropriate. type and quantity of special nuclear material requiring this record under each license that authorizes the activity that is subject to the recordkeeping requirement and, for three years thereafter. Copies of superseded material shall be retained for three years after each-change. {c) A register of visitors, vendors. and other individuals not employed by the licensee pursuant to § 73.46{d}{1). § 73.55(d){6). or § 73.60. The licensee shall retain, this register as a* record for three years after the last entry is made in the register. (dJA tog indicating name, badge, number, time of entry, reason fofentry; *

• and-time of exit of alHndividuals* *
• granted access to a normalfy-uaaecupfud.

vital are~. The licensee 11haU iieb!,in this, Appendix -8..,...(;eneral Crlterla Jor,; *... _...,plan:is,,_1J1Pf!J'!!lt.<J.J!l!i:n~Jn!>>.at-ialJhatc'8)-:

• log as. a record for-three years after the -.

Security Personnel s~P.e~c!,!l:~-~JY!!,~-!~ft.~!*E!~.ltCAAD8e;,: las_t entry is made in the log. . *:,:,-:,,.,*.0,:. ~---O.,*Qyli.li!i¢atlp~,~gim:e~n,t&-:,;~pbc;:::.*'*:. {e) Documentation of.all *routine--

• * **. '" *'* *i :-,

. per_son,i~~if.9.r;ms. *. ~_

• .~}Y;:r,,lal,id jQl> *,: *-,:

security tours and inspections; and of all Criteria

• la!lks~r,:iu_u4Iµ~:w;q~~:~~iinpl~~~~~!!i,
• tests, inspections, and maintenance I. * * " *,

lice11se.!l Ph.Y.>>\\citl,s13~ty.o~ <;opting~nqy '* *'.,-,,

• pla~ ~halL;,p.p!>r ~i;Hj~!l8'.~~~ignec:l:to Jh!!se *....

performed on physical ba.rriei.:s,

c. Physical fitness qualifi!)lliitinsC.:Sub]ecC.

task1i or ties,:be qualifi~dJn.accordance.. intrusion alarms, communications

• 10 a medical examination conducteii within *
• with ibe'll~n~t!.ii~ ~C:aifuroved -~amfug* :...

equipment, and other security related the preceding 30 days an..d*to a determination and ciu'al.i.~isi.Jl_S.P,,~_a,n:_*: Tlie,qu~lifications of equipment used pursuantto* the and written:certification by a-licensed* ' d f h' Th 1* phys1*c1*an that there are no me"d1*ca* l._.

• _each irldi1-:i..:~'.Jlll.l.'.l~ docµment~and *,,

requirements o t 1s part.

• e 1censee d" --* 1*
• Conlral.ndi'cati*ons to-p*a"'i'ci'pa*ti*on*b_,.,_:.*L-*

atteste_ oy a* 1ceµliee l!,!!cunw,supemsor,*. -.. shall retain the documentation for these ...,_ 1

• h u * * *., hi.* d individual as j:l_isclosed by-the 'Dledical-:-

me icensee Ii a retain.I s ocumentation,.,. events for three years fr9m the:date of examination, g~arda, anned:respprui!l.-

• ofei,is;li,._'

.Qt1,liJ!ijf1!µ9~ _a11,arecor(~. do(D~e;~:;de=~~aec~e:~site" alarm ~=:~:~~t~:h;::1n:e:~sf~~~~si~~d ._* ~;:~~ ~~;1>&it~:!tic#iy _'.:.

• annunciation location of each alarm, security job duties by performing a 'practical

.and for* sf~f.period.. ;* * *. .false alarm, alarm check; and'tamper physical exercise program withi_n ii ~_peciijc... --lice_nlii; ...... clear l!l~t~rla:l _**. indication that identifies the type of tiine pe!iod, Th~ ex~rci&JP~~§i;_:-;,'.::/::{~*-::;'. ,undet-, -.~,-..,.,~~~d~j~wienlll:. _ alarm, location; alarm circ.uit, date, and performance:ob1ectivesmustbe des'ciffied lli'-'-.,for, .1 Jifteieiicli'change.-* ----* **. ** *. *

• time: In addition, details of response by the licensee tr~ining ana.:quaii~c~ti~~:P~lin/* -~*-?1f~@~citp~t¥~~el~nntra~tpersoiui~l '*

facility guards and watchmen.to each. and must consider such 10bsrelated*~.ctio~: 111iaU1!1draiiied, equ1ppediand qualifled:as.. alarm, intrusion, of other security. as strenuous activity, physi~l ex¢rti_on, : '. '." '*. aifpropnatido th'eir' BSSign(!d security-related incident shall be recorded. The license levels of stre~s, 8nd ex~o~ to ~e ele_ments* job;11iiijcs:'or'job* duties, in acci>riiance with shall retain each_ record f_or-three y* e_ ars . as th~y ~ertam ~o each*md1vt_dual s.asSigned.. sections n.-m; IV, andV-of'this*apperidix... security Job duties.for both normal,and*, * **: * : *.....*h

• 1**.fi

t. *

-* *. f'

• c1..* indi:'"'d. **1*.. :,,t b*. * *
• f h

d ' d ..,. tc'-::,,---,_*.**

• equal lC8 1ons,o *eacu VI ua *muo
• e**

a ter t_ e recor 1s ma e,,. emergency \\Jperahons.-The pnyS!C!!_Uiµies,s..

• d

. e11*. d d'b.,.. r *. * (g) Shipments of sp!Jcial nuclear qualification of each gu1frd. anne9-ie,ptjµiie:

• ocu~ent an. alteete. Y a meneee material subject to th!J_ requirements of person, and armed -escort iriu~t l>e.:.* :.

.. se~unty supe1!1!or. 11ie lic~nst:9 _sh~l~ -re\\a1n this part, including names-0f."c1;1rriers, documented and attested by a licensee

• this ~oc~entat10n of ea.ch ~ndlVldual s mai* or roads to be used,.tlight_.nunibe_rs security supervisor. The lioei:isee shall-ret_ain.. quahfic~o~ ae a recor~ for -~rel! yefil,'8 ilfter, this documentation as a *record"for lhree... *

.the.ernp1oyee:i.mds-.f!~ployinent"itfthe *' -** in th!l case of air.shipine_p.ts, ~ates.and years from the date of each qualificatio~.. securify'-re.latea,capaiiity aridlor"tlire~i"yelini *, expected times of depart_ure.and.arriva_l

• after close-'ofpeiiod'licensei{posseiltieil --;" ':..

ohhipinen ts, v.erifica ti~n;of.... *. :*. -.. '£. 'Physical :requalification-AHeli$t every*~ epeoial *niii:lear fuaferlal :under each license;. communication equip.menton board the. 12 months, central.alarm station operatoi;s **

• .and srip~rseded'ntaterial Tor tliree'years after
• transfer vehicle, nam.e~o{in.dividu~ls..
• shall be required to:meet*the,physiC!ll-,
• each --change. *'. -*

who are to communicate;with.tli"e. ;.... * ::. requirements <ifB;1.b of this section; and..

• ;;::;*.--~- *.* ;... -:.:
• trantiport vehicle, ~9n1ajn~r;,s_~~f,/; :.:.- *.* *. guards, armed response personnel, and :
• it:Ri;ci_~ii_iific~_tj4r{~~ifrftypersunnel:. * :

descr_ipµons and identific;ati~.ni. aµd any. *. armed espo~ sh!'-11.be required to mettt.the sha:Ube requalified at least'e'very*12*monthii *. otheHnforma tion to confirm-th~,.IJleans;*.

• physi~al re_quireme11-ts of paragraphsJJ,1.b {1)

..i',.

• d. -,. *....it*.-..

,**, * *a.,.0--b-;..c,* *ik. *. aliq [2), arid C of this.section: 'fhe licensee to pei,onn 8sstsne !~C!ll*~:l'.e,~ti! l.. tas it

• utiliZ!ld to comply with-.§.§ 73.25,.73;26,.
• sliiill document each individual's phy~ical arid -duties* for'both nonmil ana *corttingency..

and ~.27. This information must be *

• requiilificatlori arid shall retain this.. * * :
• operations. Requalification sha1l'be in'* * *,: * *
• recorded prior to.ship~ent. information documentation of-requalification 88'8 record.. accordance with the NRG-approved licensee obtained during*the cour11e:*pf.:the for:three years from the date of each...

trainitig*and qualifications plan: 1'he:relitllts,** _shipment such as:reports of :all requ1dification... of requalifioation,inust be documented "lll'tti *.-.

• communications,-change-of shipping F. Documentation-The results,of.. *.

attested by a licensee *aecurity-ilupervisor. *

• plan, including monitor :c_hangesttrace * **

suitability, physical, and-meritaI * *.. The licensee sha:ll*retain this documentation

• investigations, and others-must a:lso be: _ qualifications data and test results;must be
• of each iildividlial!srequalification,aaa:

recorded. The licensee shall--retaiit-each :* documented by the licensee.or thll-licensee'.s recordfor"threeyears-fromthe dateof.-each* _. record about a-shipment reg* uired by this *. _agent. The.licensee or tbe agenfshall'ret11in requalificatio1L this documentation as a record for three paragraph (g) for"three yeafs*afterthe years from the date:of obtaining iinci'" record is made. recording these results: * {h) Procedures for controlling access. to protected areas and for controlling

• access to keys for locks used to protecf special nuclear material. The Iicense*e shall retain a copy of the current procedures as a record llntil"the Commission terminates each licenseJor

- which the procedures *were developed and, if any portion of tlie procedure is superseded, retain the superseded material for three years after each change. 103. In Appendix B t.o_ Part 73, Secti~n

1. C,,-E;-and.F and:Xl. A, B. C,-,and E,and the-mtroductOl'Y, t-ext to,Section.IV,are.

revised*to*read.. as tolloww...,.,; _;.,,_

11. Training and Qualifications A. Training*requirements-Each*individual who requires training to perform assigned security-related job tasks or job duties as- * **

identified in the licensee physical security.or . contingency. plans shall, prior:to* assignment... be trained to perform-these tasks and duties in a*ccordance with the licensee -or the

• licensee's agent'.s*docume~ted training an!!..

qualifications 'plan. The licensee or the ag1mt shail maintain documentation. of the cur,r#t.. "plan and retain this docuinimfation*m ~~-- 'plan as a record for three years after'close,6f*

• period licensee possesses ilpeciahmiclear *-' * *
• material undei: each license fonvhich the*.

-- plan was developed an_d, if any portion*:t>f.the.*: IV..Weapo1111 Qualification and. RequalificationProgram,.. Qualification firing for the*handgun and the

• rifle must,be-for*daylight firing, and each.

individuaLshaUperformnight firing for* familiarizatiqnwith,assigned weapon(s). The. results of,,weapons. qualification and

• requalification."mustbe documented:by,the,

licensee. or the licensee's. agent.. :Each. indiyidu!tl !'hall be requalified at leasJ.l!vecy..1, 12 months. The licensee shall retain thi8 -.. d<>qume_JJ.Jetipq.,of.ea~h qualific&tion.and requalific_a.U,~~-:a. re_cordJor* three.y,llrs *

• from. Ul.e.A~W:~}Ji~.-ci1M,1lification ~r *,..,
• requelifi't)}!tf~i!-~-IW~Pliale,...,....,.,.,.-,.

t:t"?!--{(i~i~iff"{,.1;*- ~-

-~-

~-

PART 74..;;;MATERIAL CONTROt.*ANEi--. ACCOUNTING OF SPECIAL NtlCLEAFi MATERIAL ,.;,_\\;*:.:

• --4~.~h!..': t'.-

104. The authority cita.. oo.n:fQr l!ar-t 74

• contimies to read as foil-iws:'._\\,

power of detecting a.discrepancy of a quantify of tiranium~235 established by NRC on a site-specific basis. The licensee shall record the results of each physical inventory and retain this record for thr-ee. years after the record is made. Authority: Sec, 161, 68 Stal~ 948. :as The licensee shall also record the source amended-:(42 U.S.C; 2201); Sec;,201;*.eaStat * -data for resolving any inventory 1242. 88 amended (42 U.S'.C, 5841): ' difference and retain this record for 105. In § 74.31, the introductory text of three years after the required 60-day paragraph (a) and*paragraph's (c) (1); (2), (5), reporting date;. (6); (7),and'(8) and paragraph ld}-are revised (6) Maintain current knowledge of' to read as.follows: -* items when the sum of-the time of * § 74;31

• Nuclear:materlal control and -

existence.of an item, the time to make a accounting for special nuclear material of record of.the item, and the time low strategic significance. necessary to locate the item exceeds 14 (a).General performance ~bjectives. days. Store* and handle, or subsequeiltly . Each Ucensee *who is authorized to measure, items in a mariner so that possess anii use more tlt.~n one effective

• unauthorized removals of substantial l<ilogram ofsp_ecial nucleiti'- material of.

quantities of material from items wiO be § 75,&: Maintenance of'records and delivery oflnformatlon, reports, and other

• communications.

f e) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the - original or a reproduced copy or a microform provided that the copy or

• microform is authenticated by authorized perso11nel and that the microforn:i is capable of producing a clear copy throughout the required retention period:

108. In§ 75.12, paragraphs (b) (1) and (4} are revised to read as follows: § 75.12 Communication of Information to IAEA. fow stratllgfo significa~c~,.,xc,~ding'. detected. Exempted are.. itepis -

• seale~ simrces, lliany'site or.contiguous individually containing less than 500 (b)(1) A licensee may request that site:s,!lul:;jecJ tO.C(?ntrolby, the licensee, grams of U23 1> up to a total.of 50 information of particular sensitivity,.

other.than a p~oduction or Qtiliz~tion _ kilograms of U235, solutions with a which it customarily holds in facility licensed Pfil'.SUSI).Jto Part 50 of concentration of less thari 5 grams of confidence, not beitransmitted this*.r;:hjipt,e*r, or operatltih!I fuvoived in - U235 per liter, and items of waste* physically to tlie-lAEA. A licensee who . wast~ "clfspos~l. !lhall implement arid *

• destined for burial or inclnera ti oil *. The. _ makes,suc:h a r:eqµest should, at the time

_ mainfa4(a Co!'nimssi<ln~approv~li.

• licensee shall record evidence of its

. *the iriformatioii ts submitted, identify -. materi~l c.ontrQI arid,accounting_ system current knowledge of these items and*.. the pertinent document or part thereof -

• thilf Will~chieve-thefol.owing _-**.. *. *:
• retain this record for three.years after.

and.make a*full statement of thereirs.ons.

• objectiye's; Thidiceniiee';shall retain:the -*

the record is made; supportingJhe reque~t The liceii~IF : r;:urrent, ConimlssiiJiJ-llppto'veif eys~~ * * - (7} R~olve; on -a shipinent; tj.asi~, a11d i.. shall ret~ii! _ii copy.of the request an~ all.

• until-~*Coriimillsion teriniilateii e1Hih when required to satisfyJ>art 7~ of this *
• documents related to the requesf as a, -

1icensfiJo pi'>$~ss ~~ ma~rial;-:. (, ; : chapter,,on a hatch basis, shipper/:.. record un~i(the'. CQqimis11ion terminates.* ir* __.:. *,.. - -**: *--,*f_, __ _.;_..... ::,._;,,; * ~ "_ *. re~h,eidiffereiices that exc~d bot)i:. the litiinse':f()r:eachitistailation 'irivolve~ (J. *iy*. *. *-* :-- ,_-*-. -,., ~ ~0 :;

• twice the* combined measurement with thEi requ~st.or*untilthe Coriu'nission,

-,.. *_cc1*1 E: t**.':*b.-1~.;.i,,r'd:-*;,~.::-\\::& :~.t'd1 '-'r i~ ~,* -.:. - standard errqrfor tha~ !hip111entimd 500 - n'otifit/~ the lic'en~ee that the licerisee~S : . S 8 lzm, OCWDc1u,,.an m-.... am,.

• ,, f"Ttt3~*""1:::' ""Iii'"

-* *'h-'l) ....-.:...1' ,*.,_ -.---.**.-;_.,... h*.,.]i:,,'*"*:-,*'..,-,. gr_aiqfl"O u:- ~:u1e, ce11se~8 a rel,"UC,u:: r,uilon,gerun.",d~r'.theagreenient,and**.,

• *8 "m11~~.~?1ll!!~!.~~t.~b-:.,,:

..: -'*_*fr,,~~!~8 1

• . :
• these excessive shipp'_ er~re,:eiver * --~**:,.,* :.,,

c1ear'O'.Y:era, '"'"p_ons1 w;~:ior ma,ena . ' supers~ded material*shaU*be*retaliied'. .*,.,. *1ro'*" 1.. d .,..,.iJ;,.t-i.,. i:*.c.:- ~~;..;: --.. d1f_fe. rences andret-am this record. for ,ro*r.three*.y-_ears after.each,change-i*s,-* "-, * '()On,. an *aCCOw, Dg:*1w1Cu,~11t ,' I'

• mdep*enderu:e from rod. ti * *.

three ~ar_s afte~ the record 1,s.n1ade, and made...,. _., ;

• _ : _ -P:

uc, C?n * *

(8}'~depenqently assess ~e...

• _

, respons~~~t!es,~paratton:orkeY:., - - effecti-veness*ofthe material colifr.ol and* .. respon_S1b1J~ti~~* an_d:ade~uate review:;..

• accounting-il:ystem at least every 24 **,

  (4} IC:a requ~st is.granted; the-' *, _.. -.

aqd-use.of. ~Q.b~l-maten~l, cc:intro~ an<l*_. mont)::ls,:and !}ocuriierit management's Commission will determine a location *

• accounti~ p~ced~&:-Tne_ h~en"-ee acti'on.'on*.prior assesllnierit-'.

where the information will 'remain, shaU.retam this doc~mentati~n of_th.e recommendations'. The licensee shall . readily avall1;1bJe for exaininationJiy'.the. c~~:-~na~eJDfnl.s.~cture:until~e. - retain tlris ciocuriieiitatiori of'.,

• IAEA an,d will so inform.the licensee.

c;ouwussl<<?n term11;1a!es,eaplt:license,~:;:; man~gi?~@n_j's;a'cti6n JS a'_~co~ for*'... The licensee shall retain this. possess.this. m11tenal,. .. c'. three*years.'after tlie record:iil made*. information as a_record until the (2)*Estabbsh and mamtain:a

• -, *(d}_Ea*, h:1** *-.- -
• h ll

-d* - Comipission terminates the license for

• ,* *,. * * *,* *rii * "ite *
• hr fi'"'. ~** '*~t -.*

. C. ICensee 8 a mamtam an , th ' m:lel asureti~t. ! ;~.-r.. m.*~Jl<;;.. -'.. _-~~ti:~~~'-,

-r~_.tam.** *

.. reciirds"as reqnired.by*p'arag'rapb the installation involved witli e . a q:aan ~es* lll'Ulema_,,,.,w-.a.,.w..... ng. ',; ;.. '."*::*- requesfor until the Comniission*notifies =.. * *.. * 'b.-, *....a* -

• * *-;;.~11:~<L,,* -1* " -
• ( c) oftbis section unless 8 longer the l1'censee that* the 11*censee* 1*s *n: o '*
• recocus are* &Seu on'-mt:ta~~va ues. -

Th,-,6..... *li-*Jt. * * - -~*-..... _ - retenhont1meisrequiredbyPart75of e-censee-lJ a *re ra"* h'* h longer under the agreement, and

• deseriptlofr.-tif'the1-0 '*

~1netif

• 1 ls c -~p!e~.,,*.

superseded.material shall be retained .. s~tem imtil'meOomdlr . -_:Jh:ates' -* PART 7~SAFEGUAFIDS ON* -* for three years.after each. cb.arige is. '. -.

,!~~ ~cens: to p:s~~~!*:~Wm~i~rial; ' :'

r~a:::r.~:~:!AJ'nis/rAEA ~ade~ -(~}:lJnles~ oth~~ise required.-to, - AGREl:18ENT i09. I~ § 75.21, paragraph (a) is _ satisfy Part _75 of this:.chapter.'perfortn a l06; Th_ e* autbority* ci_tation for Part 75 revised to read as follows:

• physical inventory at: le~.st every 12:..

months and, within 60.:days affer:the,, . continues1o read as follows: starfor.the 'inventory, reconcile ~nd..

• Authority; Sec..161; 68 Stat. 948. as....

-,:adjust the. book:fn'veniory to*dt~ res~ts amended (42 u.s.c. 2201}; Sec.. 201, 88 Stat. .,of. tliii pliysicaHttyelltory;*an~re'solve or 124Z as 11mended (42 u.s.c. 5841)...

rep9.rt',!l~ iriabillty to:r,f~olvej.a,;iy-':

0~<,- _; 101.. 'J1i<<} heading'.for l 75,6 "is revised 'inventbey difference whfclf is. rejected **

• . and a new paragraph ( e)js :added to,.
• 'by1f stafisticahest thai has-a 90 percent
• read &.!I follows:.

§ 7S.21 General requirements; (a) Each licensee who has.been given riotice.liy.the Commission in writing that . its installation has been identified llllder . the Agreement shall establish, maintain: and foUow written material accounting and control. procedures. The licensee.}}