63640 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

§ 30.21 Radioactive drug: Capsules

containing carbon-14 urea for ‘‘in vivo’’

diagnostic use for humans.

(a) Except as provided in paragraphs

(b) and (c) of this section, any person is

exempt from the requirements for a

license set forth in Section 81 of the Act

and from the regulations in this part and

part 35 of this chapter provided that

such person receives, possesses, uses,

transfers, owns, or acquires capsules

containing 37 kBq (1μ Ci) carbon-14

urea (allowing for nominal variation

that may occur during the

manufacturing process) each, for ‘‘in

vivo’’ diagnostic use for humans.

(b) Any person who desires to use the

capsules for research involving human

subjects shall apply for and receive a

specific license pursuant to part 35 of

this chapter.

(c) Any person who desires to

manufacture, prepare, process, produce,

package, repackage, or transfer for

commercial distribution such capsules

shall apply for and receive a specific

license pursuant to § 32.21 of this

chapter.

(d) Nothing in this section relieves

persons from complying with applicable

FDA, other Federal, and State

requirements governing receipt,

administration, and use of drugs.

PART 32—SPECIFIC DOMESTIC

LICENSES TO MANUFACTURE OR

TRANSFER CERTAIN ITEMS

CONTAINING BYPRODUCT MATERIAL

4. The authority citation for Part 32

continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat.

935, 948, 953, 954, as amended (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

5. In § 32.8, paragraph (b) is revised to

read as follows:

§ 32.8 Information collection

requirements: OMB approval.

* * * * *

(b) The approved information

collection requirements contained in

this part appear in §§ 32.11, 32.12,

32.14, 32.15, 32.16, 32.17, 32.18, 32.19,

32.20, 32.21, 32.21a, 32.22, 32.23, 32.25,

32.26, 32.27, 32.29, 32.51, 32.51a, 32.52,

32.53, 32.54, 32.55, 32.56, 32.57, 32.58,

32.61, 32.62, 32.71, 32.72, 32.74, and

32.210.

* * * * *

6. A new § 32.21 is added to read as

follows:

§ 32.21 Radioactive drug: Manufacture,

preparation, or transfer for commercial

distribution of capsules containing carbon14 urea each for ‘‘in vivo’’ diagnostic use

for humans to persons exempt from

licensing; Requirements for a license.

(a) An application for a specific

license to manufacture, prepare,

process, produce, package, repackage, or

transfer for commercial distribution

capsules containing 37 kBq (1μ Ci)

carbon-14 urea (allowing for nominal

variation that may occur during the

manufacturing process) each for ‘‘in

vivo’’ diagnostic use, to persons exempt

from licensing under § 30.21 of this

chapter or the equivalent regulations of

an Agreement State will be approved if:

(1) The applicant satisfies the general

requirements specified in § 30.33 of this

chapter, provided that the requirements

of § 30.33(a)(2) and (3) of this chapter do

not apply to an application for a license

to transfer byproduct material

manufactured, prepared, processed,

produced, packaged, or repackaged

pursuant to a license issued by an

Agreement State;

(2) The applicant meets the

requirements under § 32.72(a)(2) of this

part;

(3) The applicant provides evidence

that each capsule contains 37 kBq (1μ

Ci) carbon-14 urea (allowing for

nominal variation that may occur during

the manufacturing process);

(4) The carbon-14 urea is not

contained in any food, beverage,

cosmetic, drug (except as described in

this section) or other commodity

designed for ingestion or inhalation by,

or topical application to, a human being;

(5) The carbon-14 urea is in the form

of a capsule, identified as radioactive,

and to be used for its radioactive

properties, but is not incorporated into

any manufactured or assembled

commodity, product, or device intended

for commercial distribution; and

(6) The applicant submits copies of

prototype labels and brochures and the

NRC approves these labels and

brochures.

(b) Nothing in this section relieves the

licensee from complying with

applicable FDA, other Federal, and State

requirements governing drugs.

7. A new § 32.21a is added to read as

follows:

§ 32.21a Same: Conditions of license.

Each license issued under § 32.21 of

this part is subject to the following

conditions:

(a) The immediate container of the

capsule(s) must bear a durable, legible

label which:

(1) Identifies the radioisotope, the

physical and chemical form, the

quantity of radioactivity of each capsule

at a specific date; and

(2) Bears the words ‘‘Radioactive

Material.’’

(b) In addition to the labeling

information required by paragraph (a) of

this section, the label affixed to the

immediate container, or an

accompanying brochure also must:

(1) State that the contents are exempt

from NRC or Agreement State licensing

requirements; and

(2) Bear the words ‘‘Radioactive

Material. For ‘‘In Vivo’’ Diagnostic Use

Only. This Material Is Not To Be Used

for Research Involving Human Subjects

and Must Not Be Introduced into Foods,

Beverages, Cosmetics, or Other Drugs or

Medicinals, or into Products

Manufactured for Commercial

Distribution. This Material May Be

Disposed of in Ordinary Trash.’’

Dated at Rockville, Maryland, this 24th day

of November, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–31514 Filed 12–1–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 73

RIN 3150–AF53

Changes to Nuclear Power Plant

Security Requirements

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is revising its

regulations to delete certain security

requirements associated with an

internal threat. This action follows the

NRC’s reconsideration of nuclear power

plant physical security requirements to

identify those requirements that are

marginal to safety, redundant, or no

longer effective. This action will reduce

the regulatory burden on licensees

without compromising physical

protection against radiological sabotage

required for public health and safety.

EFFECTIVE DATE: January 16, 1998.

FOR FURTHER INFORMATION CONTACT: Dr.

Sandra Frattali, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

6261, e-mail sdf@nrc.gov.
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63641

SUPPLEMENTARY INFORMATION:

Background

On February 20, 1997, the NRC

published a proposed rule in the

Federal Register (62 FR 7721) that

would revise the NRC’s regulations

associated with an internal threat to

nuclear power plants that are contained

in 10 CFR part 73, ‘‘Physical Protection

of Plants and Materials.’’ The five

changes, which provide significant

relief to licensees without

compromising the physical security of

the plants, involve changes to—

1. Search requirements for on-duty

guards, § 73.55(d)(1);

2. Requirements for vehicle escort,

§ 73.55(d)(4);

3. Control of contractor employee

badges, § 73.55(d)(5);

4. Maintenance of access lists for each

vital area, § 73.55(d)(7)(i)(A); and

5. Key controls for vital areas,

§ 73.55(d)(8).

The Commission received 9 letters

commenting on the proposed rule. Eight

were from utilities and one was from an

industry group. Copies of the letters are

available for public inspection and

copying for a fee at the Commission’s

Public Document Room, located at 2120

L Street, NW (Lower Level),

Washington, DC.

Discussion

The public comments supported the

proposed rulemaking in general. Seven

of the nine commenters recommended

additional relief from the vehicle escort

provisions. One commenter

recommended additional relief from the

search requirements for armed guards.

Two commenters recommended

changes to the regulations without

support that were outside the scope of

this rulemaking.

For three of the changes in the

proposed rule, only the language that

had been changed was provided in the

proposed rule language. The language

that did not change in those paragraphs

was inadvertently omitted. This

language has been put back in the final

rule. The three paragraphs affected are:

search requirements for on-duty guards,

§ 73.55(d)(1); requirements for vehicle

escort, § 73.55(d)(4); and maintenance of

access lists for each vital area,

§ 73.55(d)(7)(i)(A).

The comments are discussed below.

Comment Resolution

1. Search Requirements for On-duty

Guards (§ 73.55(d)(1))

Under the current regulations, armed

security guards who leave the protected

area as part of their duties must be

searched for firearms, explosives, and

incendiary devices upon re-entry into

the protected area. Requiring a guard to

go through an explosives detector or

searching packages carried by the guard

protects against the introduction of

contraband. Because an armed guard

carries a weapon onsite, passage of the

guard through the metal detector, the

principal purpose of which is to detect

firearms, serves little purpose. The

guard has to either remove the weapon

while passing through the detector or be

subject to a hands on search. Either

approach makes little sense for the

guard who is authorized to carry a

weapon onsite. Further, removing and

handling the guard’s weapon could

present a safety risk to the guard and

other personnel. This rule will allow

armed security guards who are on duty

and have exited the protected area to

reenter the protected area without being

searched for firearms (by a metal

detector).

Comment. All commenters supported

this action. One commenter

recommended that the words ‘‘on

official business’’ be removed.

Response. The term ‘‘on official

business’’ has been replaced by the term

‘‘on duty.’’ The rationale given in the

proposed rule to eliminate the searches

would also apply when the guard

reenters the protected area at other

times, for example, after lunch where

the lunch area is outside the protected

area, as is the case at some facilities.

The meaning of ‘‘on duty’’ is not meant

to extend to ‘‘on call’’ or to personal

activities.

The amended rule allows armed

security guards who are on duty and

have exited the protected area to reenter

the protected area without being

searched for firearms (by a metal

detector). Note that the rule says

‘‘reenter.’’ This means that the guards

have been searched on their initial entry

into the protected area. Unarmed guards

and watchpersons will continue to meet

all search requirements. All guards will

continue to be searched for explosives

and incendiary devices because they are

not permitted to carry these devices into

the plant.

2. Requirements for Vehicle Escort

(§ 73.55(d)(4))

The present requirement that a

searched, licensee-owned vehicle

within the protected area must be

escorted by a member of the security

organization, even when the driver is

badged for unescorted access, does not

contribute significantly to the security

of the plant. Under the current

regulations, all vehicles must be

searched prior to entry into the

protected area except under emergency

conditions. Also under the current

regulations, all vehicles must be

escorted by a member of the security

organization while inside the protected

area except for ‘‘designated licensee

vehicles.’’ ‘‘Designated licensee

vehicles’’ are those vehicles that are

limited in their use to onsite plant

functions and remain in the protected

area except for operational,

maintenance, repair, security, and

emergency purposes. Under the current

requirement, all other vehicles that are

not ‘‘designated licensee vehicles’’ must

be escorted at all times while in the

protected area even when they are

driven by personnel with unescorted

access.

Comment. Seven commenters were

concerned that the proposed rule would

only allow a vehicle to be unescorted

when being operated by licensee

employees having unescorted access.

These commenters wanted this

extended to contractor employees who

are cleared for unescorted access as

well.

Response. This change has been

made. Since both licensee employees

and contractor employees are subject to

equivalent access authorization

programs, the level of trustworthiness is

deemed to be equivalent. There is no

compelling reason to distinguish

between the two. The amended rule

eliminates the requirement for escort of

licensee-owned or leased vehicles

entering the protected area for workrelated purposes provided these

vehicles are driven by personnel who

have unescorted access. This change

provides burden relief to licensees

without significantly increasing the

level of risk to the plant.

Comment. Five comments were made

that limiting unescorted vehicles to

those that were licensee-owned was

unduly restrictive, and wanted this

extended to licensee-owned or leased

vehicles. One commenter wanted it

further extended to contractor- or

vendor-owned or leased vehicles.

Response. The rule language was

changed to allow for licensee-leased

vehicles to be unescorted when driven

by personnel who have unescorted

access. The NRC staff recognizes that

licensees may lease rather than buy

vehicles. However, the staff believes

that this provision should not be

extended indiscriminately to contractor

or vendor vehicles because licensees

have no knowledge or control over how

contractor or vendor vehicles may be

used for purposes other than those for

which the licensee has contracted.
63642 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

3. Control of Contractor Employee

Badges (§ 73.55(d)(5))

Contractor employees with

unescorted access are required to return

their badges when leaving the protected

area. Current regulatory practice allows

licensee employees to leave the

protected area with their badges if

adequate safeguards are in place to

ensure that the proper use of the badge

is not compromised or that a system

such as biometrics is in place to ensure

that only the proper person uses the

badge for gaining access to the protected

area. Because contractors and licensees

are subject to the same programs

required for unescorted access, there is

no reason to employ more stringent

badge control requirements for

contractor employees.

This amended rulemaking allows

contractor employees to take their

badges offsite under the same

conditions as licensee employees.

Comment. All commenters supported

this provision.

Response. The final rule will be

published as proposed, with a sentence

added to ensure that the integrity of the

access controls are not adversely

affected.

Comment. One commenter wanted

the physical differentiation between

contractor and employee badges

eliminated.

Response. This comment provided no

reason for changing the current

requirement of having employee and

contractor badges distinguishable.

Further the staff has no reason to make

such a change. Because of this and the

fact that this comment is outside the

scope of this rulemaking this change is

not being made.

4. Maintenance of Access Lists for Each

Vital Area (§ 73.55(d)(7)(i)(A))

Maintaining separate access lists for

each vital area and reapproval of these

lists on a monthly basis is of marginal

value. At many sites, persons granted

access to one vital area also have access

to most or all vital areas. Licensees

presently derive little additional benefit

from maintaining discrete lists of

individuals allowed access to each

separate vital area in the facility. Also,

licensee managers or supervisors are

required to update the access lists at

least once every 31 days to add or delete

individuals from these lists as

appropriate. There is also a requirement

to reapprove the list every 31 days.

However, reapproval of all individuals

on the lists at least every 31 days, to

validate that the lists have been

maintained accurately is unnecessarily

burdensome.

This rulemaking replaces separate

access authorization lists for each vital

area of the facility with a single list of

all persons who have access to any vital

area. It also changes the requirement to

reapprove the list at least once every 31

days to quarterly. Reapproval consists of

a review to ensure that the list is current

and that only those individuals

requiring routine access to a vital area

are included. Because a manager or

supervisor must update the list,

conducting this comprehensive

reapproval every 31 days is of marginal

value.

Comment. All commenters supported

these provisions.

Response. The final rule will be

published as proposed.

The Commission desires to remind

licensees that they are responsible for

properly controlling access, and that the

changes to § 73.55(d)(7)(i)(A) do not

remove their responsibility to establish

procedures to ensure that persons no

longer needing unescorted access are

not granted such access.

5. Key Controls for Vital Areas

(§ 73.55(d)(8))

Under the current regulations,

licensees must change or rotate all keys,

locks, combinations, and related access

control devices at least once every

twelve months. The rule also requires

that these be changed whenever there is

a possibility they have been

compromised, or when an individual

with access to the keys, locks, or

combinations has been terminated for

reasons of trustworthiness, reliability, or

inadequate work performance.

Additionally requiring such change

every 12 months has been determined

by the NRC to be only marginal to

security.

This amended rule removes the

requirement for changing access control

devices at least every 12 months while

retaining the requirement to make

changes for cause, and when an access

control device has been, or there is a

suspicion that it may have been,

compromised.

Comment. One commenter requested

that the words ‘‘inadequate work

performance’’ in the rule language be

removed or defined.

Response. The NRC sees no need to

define ‘‘inadequate work performance’’

because the term characterizes many

factors and judgements involving

removal for cause. Further, the comment

is outside the scope of this rulemaking.

Regulatory Action

The final rule will be promulgated

with the changes made to the proposed

rule in response to the public

comments. Two of the public comments

were not accommodated because they

requested changes to the regulations

that were not put forward in the

proposed rule.

Environmental Impact: Categorical

Exclusion

The Commission has determined that

this final rule is the type of action

described as a categorical exclusion in

10 CFR 51.22(c)(3)(i). Therefore, neither

an environmental impact statement nor

an environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule amends information

collection requirements that are subject

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.). These

requirements were approved by the

Office of Management and Budget,

approval number 3150–0002.

Because the rule will reduce existing

information collection requirements, the

public burden for this collection of

information is expected to be decreased

by 100 hours per licensee. This

reduction includes the time required for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments on any

aspect of this collection of information,

including suggestions for further

reducing the burden, to the Information

and Records Management Branch (T–6

F33), U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, or by Internet electronic mail to

BJS1@NRC.Gov; and to the Desk Officer,

Office of information and Regulatory

Affairs, NEOB–10202, (3150–0002),

Office of Management and Budget,

Washington, DC 20503.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

Regulatory Analysis

A discussion of each of the five

changes in this final rule is provided

above in the supplementary information

section. The costs and benefits for each

of the changes in this rulemaking are as

follows.

1. Search Requirements for On-Duty

Guards (§ 73.55(d)(1))

The regulatory burden on licensees

will be reduced by eliminating

unnecessary weapon searches of guards

who are already allowed to carry a
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63643

weapon on site, which will result in

better utilization of licensee resources.

There will be no reduction in plant

security, and there is no reduction in

the total size of the security force.

Further, the potential safety risk to

personnel caused by removing and

handling a guard’s weapon will be

eliminated.

2. Requirements for Vehicle Escort

(§ 73.55(d)(4))

The regulatory burden on licensees

will be reduced by requiring fewer

vehicle escorts, which will allow

personnel to be utilized more effectively

or for other purposes. Resources could

be redirected to areas in which they will

be more cost effective. The decrease in

security will be marginal, because

unescorted access will be restricted to

vehicles owned or leased by the licensee

being driven by personnel with

unescorted access.

Assuming the number of such entries

of licensee owned or leased vehicles

driven by personnel having unescorted

access is 10 per day per site, the average

time needed for escort is 3 hours, and

the cost per hour for security personnel

is $30 (loaded), a rough estimate of the

potential savings per site per year is

about $330,000 (10 escorts/day/site ×

365 days/year × 3 hrs/escort × $30/hr).

With 75 sites, the savings to the

industry per year will be approximately

$24,000,000.

3. Control of Contractor Employee

Badges (§ 73.55(d)(5))

The regulatory burden on licensees

will be reduced by a more effective use

of security personnel, who will no

longer need to handle badges for

contractor personnel who have

unescorted access. There will be no

reduction in plant security because

adequate safeguards will be in place to

ensure that badges are properly used

and not compromised, and a system

such as biometrics is in place to ensure

that only the proper person uses the

badge to gain access to the protected

area.

Assuming that two security persons

per working shift change, 5 shifts per

day, one hour per shift are relieved from

the duties of controlling contractor

employee badges during an outage

lasting 3 months. Further, assuming that

the cost per hour for security personnel

is $30 (loaded), a rough estimate of the

potential savings per site per year is

about $27,000 (10 hours/day × 90 days/

year × $30 hr). With 75 sites, the savings

to the industry per year will be

approximately $2,000,000.

4. Maintenance of Access Lists for Each

Vital Area (§ 73.55(d)(7)(i)(A))

The regulatory burden on licensees

will be reduced because licensees will

have to keep only one access list for all

vital areas and reapprove it quarterly,

rather than keep individual access lists

for each vital area that must be

reapproved monthly.

Assuming that the time to reapprove

each of the individual lists is 1 hour per

month, that a combined list will take 1.5

hours per month, that the average

number of vital areas per site is 10, and

that the cost of a clerk including

overhead is $30 per hour (loaded), a

rough estimate of the potential savings

per site per year is about $3,400 [(1×10

vital areas/month × 12 months/yr-1.5×1

combined vital area/quarter × 4

quarters/yr) × $30/hr]. With 75 sites, the

savings to the industry per year will be

approximately $260,000.

5. Key Controls for Vital Areas

(§ 73.55(d)(8))

The regulatory burden on the

licensees will be reduced because fewer

resources will be needed to maintain the

system.

Assuming that, of approximately 60

locks that are changed each year under

the current requirement, half of them

were changed because an individual

was removed for cause or the lock may

have been compromised, 30 locks

remain in need of change. Assuming

that it takes a locksmith 10 hours to

change all 30 locks at a cost (loaded) of

$45 per hour, a rough estimate of the

potential savings per site per year is

about $450 (10 hrs/year × $45/hr). With

75 sites, the savings to the industry per

year will be approximately $34,000.

Regulatory Flexibility Certification

As required by the Regulatory

Flexibility Act as amended, 5 U.S.C.

605(b), the Commission certifies that

this final rule, if adopted, will not have

a significant economic impact on a

substantial number of small entities.

This final rule will affect only licensees

authorized to operate nuclear power

reactors. These licensees do not fall

within the scope of the definition of

‘‘small entities’’ set forth in the

Regulatory Flexibility Act, or the Small

Business Size Standards set out in

regulations issued by the Small

Business Administration Act, 13 CFR

part 121.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

major rule and has verified this

determination with the Office of

Information and Regulatory Affairs,

Office of Management and Budget.

Backfit Analysis

The Commission has determined that

the backfit rule, 10 CFR 50.109, does not

apply to this final amendment because

this amendment will not impose new

requirements on existing 10 CFR part 50

licensees. The changes to physical

security are voluntary and should the

licensee decide to implement this

amendment, will be a reduction in

burden to the licensee. Therefore, a

backfit analysis has not been prepared

for this amendment.

List of Subjects in 10 CFR Part 73

Criminal penalties, Hazardous

materials transportation, Export, Import,

Nuclear materials, Nuclear power plants

and reactors, Reporting and

recordkeeping requirements, Security

measures.

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954, as amended;

the Energy Reorganization Act of 1974,

as amended; and 5 U.S.C. 552 and 553;

the NRC is adopting the following

amendments to 10 CFR part 73.

PART 73—PHYSICAL PROTECTION OF

PLANTS AND MATERIALS

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 53, 161, 68 Stat. 930, 948,

as amended, sec. 147, 94 Stat. 780 (42 U.S.C.

2073, 2167, 2201); sec. 201, as amended, 204,

88 Stat. 1242, as amended, 1245, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841,

5844, 2297f).

Section 73.1 also issued under secs.

135, 141, Pub. L. 97–425, 96 Stat. 2232,

2241 (42 U.S.C. 10155, 10161). Section

73.37(f) also issued under sec. 301, Pub.

L. 96–295, 94 Stat. 789 (42 U.S.C. 5841

note). Section 73.57 is issued under sec.

606, Pub. L. 99–399, 100 Stat. 876 (42

U.S.C. 2169).

2. Section 73.55 is amended by

revising paragraphs (d)(1), (d)(4), (d)(5),

(d)(7)(i)(A), and (d)(8) to read as follows:

§ 73.55 Requirements for physical

protection of licensed activities in nuclear

power reactors against radiological

sabotage.

* * * * *

(d) * * *

(1) The licensee shall control all

points of personnel and vehicle access

into a protected area. Identification and

search of all individuals unless

otherwise provided in this section must

be made and authorization must be

checked at these points. The search
63644 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

function for detection of firearms,

explosives, and incendiary devices must

be accomplished through the use of both

firearms and explosive detection

equipment capable of detecting those

devices. The licensee shall subject all

persons except bona fide Federal, State,

and local law enforcement personnel on

official duty to these equipment

searches upon entry into a protected

area. Armed security guards who are on

duty and have exited the protected area

may reenter the protected area without

being searched for firearms. When the

licensee has cause to suspect that an

individual is attempting to introduce

firearms, explosives, or incendiary

devices into protected areas, the

licensee shall conduct a physical patdown search of that individual.

Whenever firearms or explosives

detection equipment at a portal is out of

service or not operating satisfactorily,

the licensee shall conduct a physical

pat-down search of all persons who

would otherwise have been subject to

equipment searches. The individual

responsible for the last access control

function (controlling admission to the

protected area) must be isolated within

a bullet-resisting structure as described

in paragraph (c)(6) of this section to

assure his or her ability to respond or

to summon assistance.

* * * * *

(4) All vehicles, except under

emergency conditions, must be searched

for items which could be used for

sabotage purposes prior to entry into the

protected area. Vehicle areas to be

searched must include the cab, engine

compartment, undercarriage, and cargo

area. All vehicles, except as indicated in

this paragraph, requiring entry into the

protected area must be escorted by a

member of the security organization

while within the protected area and, to

the extent practicable, must be off

loaded in the protected area at a specific

designated materials receiving area that

is not adjacent to a vital area. Escort is

not required for designated licensee

vehicles or licensee-owned or leased

vehicles entering the protected area and

driven by personnel having unescorted

access. Designated licensee vehicles

shall be limited in their use to onsite

plant functions and shall remain in the

protected area except for operational,

maintenance, repair, security and

emergency purposes. The licensee shall

exercise positive control over all such

designated vehicles to assure that they

are used only by authorized persons and

for authorized purposes.

(5)(i) A numbered picture badge

identification system must be used for

all individuals who are authorized

access to protected areas without escort.

An individual not employed by the

licensee but who requires frequent and

extended access to protected and vital

areas may be authorized access to such

areas without escort provided that he or

she displays a licensee-issued picture

badge upon entrance into the protected

area which indicates:

(A) Non-employee no escort required;

(B) Areas to which access is

authorized; and

(C) The period for which access has

been authorized.

(ii) Badges shall be displayed by all

individuals while inside the protected

area. Badges may be removed from the

protected area when measures are in

place to confirm the true identity and

authorization for access of the badge

holder upon entry into the protected

area.

* * * * *

(7) * * *

(i) * * *

(A) Establish a current authorization

access list for all vital areas. The access

list must be updated by the cognizant

licensee manager or supervisor at least

once every 31 days and must be

reapproved at least quarterly. The

licensee shall include on the access list

only individuals whose specific duties

require access to vital areas during

nonemergency conditions.

* * * * *

(8) All keys, locks, combinations, and

related access control devices used to

control access to protected areas and

vital areas must be controlled to reduce

the probability of compromise.

Whenever there is evidence or suspicion

that any key, lock, combination, or

related access control devices may have

been compromised, it must be changed

or rotated. The licensee shall issue keys,

locks, combinations and other access

control devices to protected areas and

vital areas only to persons granted

unescorted facility access. Whenever an

individual’s unescorted access is

revoked due to his or her lack of

trustworthiness, reliability, or

inadequate work performance, keys,

locks, combinations, and related access

control devices to which that person

had access, must be changed or rotated.

* * * * *

Dated at Rockville, Maryland, this 24th day

of November, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–31515 Filed 12–1–97; 8:45 am]

BILLING CODE 7590–01–P

FARM CREDIT ADMINISTRATION

12 CFR Part 614

RIN 3052–AB78

Loan Policies and Operations; Loan

Sales Relief

AGENCY: Farm Credit Administration.

ACTION: Direct final rule with

opportunity for comment.

SUMMARY: The Farm Credit

Administration (FCA), through the FCA

Board (Board), issues a direct final rule

amending its regulations relating to loan

sales into a secondary market. This

action conforms FCA regulations to

recent statutory amendments to the

Farm Credit Act of 1971, as amended,

(Act) made by sections 206 and 208 of

the Farm Credit System Reform Act of

1996 (1996 Act). These amendments

provide that loans designated by Farm

Credit System institutions for sale into

a secondary market are not subject to

minimum stock purchase or borrower

rights requirements.

DATES: If no significant adverse

comment is received on or before

January 2, 1998, these regulations shall

be effective upon the expiration of 30

days after publication in the Federal

Register during which either or both

Houses of Congress are in session.

Notice of the effective date will be

published in the Federal Register. If

significant adverse comment is received,

the FCA will publish a notice of

withdrawal of the regulations and

indicate how the Agency expects to

proceed with further rulemaking.

ADDRESSES: Comments may be

submitted via electronic mail to ‘‘regcomm@fca.gov’’ or facsimile

transmission to (703) 734–5784.

Comments also may be mailed or

delivered to Patricia W. DiMuzio,

Director, Regulation Development

Division, Office of Policy Development

and Risk Control, Farm Credit

Administration, 1501 Farm Credit Drive,

McLean, Virginia 22102–5090. Copies of

all communications received will be

available for review by interested parties

in the Office of Policy Development and

Risk Control, Farm Credit

Administration.

FOR FURTHER INFORMATION CONTACT:

John J. Hays, Policy Analyst, Regulation

Development Division, Office of

Policy Development and Risk Control,

(703) 883–4498, TDD (703) 883–4444;

or

William Larsen, Senior Attorney, Legal

Counsel Division, Office of General

Counsel, (703) 883–4020, TDD (703)

883–4444.