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.

Proposed Rules Federal Register

51378 

Vol. 73, No. 171 

Wednesday, September 3, 2008 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AI31 

[NRC–2008–0458] 

Criminal Penalties; Unauthorized 

Introduction of Weapons 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its regulations to authorize the 

imposition of Federal criminal penalties 

on those who, without authorization, 

introduce weapons or explosives into 

specified classes of facilities and 

installations subject to the regulatory 

authority of the NRC. This action is 

necessary to implement section 229, 

‘‘Trespass on Commission 

Installations,’’ of the Atomic Energy Act 

of 1954, as amended. 

DATES: Submit comments on the 

proposed rule October 20, 2008. 

Comments received after this date will 

be considered if it is practical to do so, 

but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the number RIN3150– 

AI31 in the subject line of your 

comments. Comments on this 

rulemaking submitted in writing or in 

electronic form will be made available 

to the public in their entirety on the 

Federal Government’s rulemaking Web 

site, http://www.regulations.gov. 

Personal information, such as name, 

address, telephone, e-mail address, etc., 

will not be removed from your 

submission. 

E-mail comments to: Comments may 

be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov; search Docket ID 

NRC–2008–0458. 

Mail Comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff. 

Hand-deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

on Federal workdays. (Telephone 301– 

415–1101) 

Publicly available documents related 

to this rulemaking, including all public 

comments received, may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. For more information, 

contact the NRC PDR Reference staff at 

1–800–397–4209, 301–415–4737, or by 

e-mail to PDR.Resource@nrc.gov. 

Documents created or received at the 

NRC after November 1, 1999, are 

available electronically at the NRC’s 

Public Electronic Reading Room on the 

Internet at http://www.nrc.gov/readingrm.html. From this site, the public can 

gain entry into the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. If you do not have access to 

ADAMS or if there are any problems in 

accessing the documents located in 

ADAMS, contact the NRC PDR 

Reference staff at 1–800–415–4209, 301– 

415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James E. Adler, Office of the General 

Counsel, telephone 301–415–1656, 

e-mail: james.adler@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Proposed Rule 

III. Plain Language 

IV. Voluntary Consensus Standard 

V. Finding of No Significant Environmental 

Impact: Environmental Assessment 

VI. Paperwork Reduction Act Statement 

VII. Regulatory Analysis 

VIII. Regulatory Flexibility Certification 

IX. Backfit Analysis 

X. Agreement State Compatibility 

I. Background 

Section 654 of the Energy Policy Act 

of 2005, Unauthorized Introduction of 

Dangerous Weapons, amended section 

229 of the Atomic Energy Act to 

authorize the NRC to issue regulations 

that make it a Federal crime to bring, 

without authorization, weapons or 

explosives into facilities designated by 

the Commission. This proposed rule 

would implement that legislative 

provision. 

In 1956, Congress added section 229 

to the Atomic Energy Act. That section 

made it a crime to bring weapons or 

explosives, without authorization, into 

facilities owned by the Atomic Energy 

Commission. With the enactment of the 

Energy Reorganization Act in 1974, this 

provision covered facilities now owned 

or occupied by the Department of 

Energy as well as the buildings 

occupied by the NRC. Section 229 did 

not extend to facilities regulated by the 

NRC. Over the years, there were 

incidents where individuals were 

successful in bringing weapons into 

NRC-regulated facilities without 

authorization. Fortunately, the 

individuals were not terrorists or others 

with malevolent intent and no damage 

was done. In such circumstances, the 

Commission had the ability to take 

action against its licensee for violation 

of security requirements, but could not 

refer the matter to the Department of 

Justice for criminal prosecution of the 

individual; any criminal sanctions had 

to be sought by the State under State 

law. Beginning in the late 1980s, the 

Commission submitted legislative 

proposals to Congress requesting that 

Congress enact legislation that would 

make it a Federal crime to bring 

weapons or explosives, without 

authorization, into NRC-designated 

facilities. 

Congress enacted the requested 

legislation in section 654 of the Energy 

Policy Act of 2005, amending section 

229 of the Atomic Energy Act of 1954, 

as amended (42 U.S.C. 2278a.) (the 

Atomic Energy Act). This section 

authorizes the Commission to: 

Issue regulations relating to the entry upon 

or carrying, transporting, or otherwise 

introducing or causing to be introduced any 

dangerous weapon, explosive, or other 

dangerous instrument or material likely to 

produce substantial injury or damage to 

person or property, into or upon any facility, 

installation, or real property subject to the 

jurisdiction, administration, in the custody of 

the Commission, or subject to the licensing 

authority of the Commission or certification 

by the Commission under this Act or any 

other Act. 

Section 229 also requires that ‘‘every 

such regulation of the Commission shall 

be posted conspicuously at the location 

involved.’’ 


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II. Discussion 

The NRC is proposing to amend 10 

CFR 73.81, Criminal penalties and to 

add 10 CFR 73.75, Posting to implement 

section 654 of the Energy Policy Act of 

2005. Under the proposed regulations, 

the unauthorized willful introduction of 

any dangerous weapon, explosive or any 

other dangerous instrument or material 

likely to produce substantial injury or 

damage to persons or property upon the 

facilities or installations subject to 

sections 236a.(1) or (4) of the Atomic 

Energy Act would be subject to the 

criminal penalties set forth in section 

229 of the Atomic Energy Act. The 

Commission here is primarily 

concerned with dangers posed by the 

unauthorized introduction of weapons 

or explosives when nuclear material and 

radioactive material are present. By 

listing these facilities in section 236 of 

the Atomic Energy Act, Congress has 

recognized the potential danger that 

could result from sabotage to them; 

consequently, the NRC believes it 

prudent to also make the unauthorized 

introduction of weapons or explosives 

into or upon these facilities a Federal 

crime. The covered facilities include: (1) 

Production and utilization facilities; and 

(2) uranium enrichment, uranium 

conversion and fuel fabrication 

facilities. The proposed rule also covers 

some of the facilities listed in section 

236a.(2). Specifically, this proposed rule 

would apply to high-level waste storage 

and disposal facilities and independent 

spent fuel storage installations. The 

remaining waste facilities and 

installations listed in section 236a.(2) 

that are subject to Agreement State 

jurisdiction may be covered in a future 

rulemaking. For other classes of 

licensees, the unauthorized introduction 

of weapons or explosives would 

continue to be governed, absent other 

Federal legislation, by State law. 

The NRC also chose the facilities 

listed in § 73.81(c)(1) because the 

unauthorized introduction of a weapon 

or explosive into these facilities poses 

the greatest health and safety risk and 

because the NRC already pervasively 

regulates these facilities. Other 

facilities—such as hospitals—that 

contain radioactive materials are not as 

extensively regulated by the NRC. In 

order to apply § 73.81 to these other 

facilities, the NRC would need to 

interact with Agreement States and 

other State and federal regulators to 

further assess the need for application of 

§ 73.81 to such classes of facilities and 

to determine the proper placement of 

the required notices and the best way to 

implement this regulation. The NRC 

welcomes public comments on whether 

the NRC should expand this regulation 

to cover hospitals and other classes of 

facilities licensed to possess radioactive 

materials that are in the National Source 

Tracking System. 

Whoever willfully introduces, 

without authorization, weapons or 

explosives into or upon any installation 

or facility listed in § 73.81(c)(1) that is 

enclosed by a fence, wall, floor, roof, or 

other barrier would be guilty of a 

misdemeanor, and upon conviction, 

could be punished by a fine not to 

exceed $5,000, or imprisonment for not 

more than one year, or both, as set forth 

in section 229c. of the Atomic Energy 

Act. Whoever willfully introduces, 

without authorization, weapons or 

explosives into or upon any other 

installation or facility listed in 

§ 73.81(c)(1) would be, upon conviction, 

punishable by a fine of not more than 

$1,000, as set forth in section 229b. of 

the Atomic Energy Act. This proposed 

rule does not interfere with State 

prosecution of these crimes under State 

law, but it does allow the Federal 

Bureau of Investigation to investigate 

and the Department of Justice to 

prosecute in addition to, or instead of, 

the State Government. 

At this time, the NRC does not 

propose including the following 

facilities or materials even though they 

are listed in section 236 of the Atomic 

Energy Act: 

• Subsection a.(3) covering any 

nuclear fuel for a utilization facility 

licensed under this Act, or any spent 

fuel from such a facility. Section 229 of 

the Atomic Energy Act specifically 

applies to ‘‘facilities and installations,’’ 

while this subsection applies to 

‘‘nuclear fuel’’ and ‘‘spent nuclear fuel.’’ 

Fuel is neither a facility nor installation; 

therefore, section 229, by its terms, is 

not applicable to this subsection. 

• Subsection a.(5) covering any 

‘‘production, utilization, waste storage, 

waste treatment, waste disposal, 

uranium enrichment, uranium 

conversion, or nuclear fuel fabrication 

facility’’ during construction of the 

facility, if the destruction or damage 

caused or attempted to be caused could 

adversely affect public health and safety 

during operation of the facility. In this 

proposed rule, the Commission is 

primarily concerned with dangers posed 

by the unauthorized introduction of 

weapons or explosives into facilities 

when nuclear material is present. 

Therefore, the proposed § 73.81(c) 

would apply only to those facilities 

designated in § 73.81(c)(1) upon the 

receipt of nuclear material. However, if 

an unauthorized introduction of a 

weapon or explosive results in sabotage 

covered by section 236 before the 

receipt of nuclear material, this would 

already constitute a Federal crime. 

• Subsection a.(6) covering any 

‘‘primary or backup facility from which 

a radiological emergency preparedness 

alert or warning system is activated.’’ 

These facilities do not contain nuclear 

material or contain the controls needed 

to operate a facility. 

• Subsection a.(7) pertaining to other 

materials or property that the 

Commission designates by order or 

regulation. The Commission proposes 

excluding this section because the 

rulemaking implementing this 

subsection of section 236 has not 

commenced. The Commission may 

revisit this decision after the rulemaking 

implementing the Energy Policy Act of 

2005 revisions to section 236 is 

complete. 

This proposed regulation would not 

impose any burden on States. The only 

burden the proposed regulation would 

impose on licensees is the statutorilymandated requirement that signs 

containing the quoted text in proposed 

§ 73.75 be posted conspicuously at each 

of the listed facilities. The NRC 

proposes that these signs be posted at all 

points of entry to the protected area, or 

if the facility or installation does not 

have a protected area, at the personnel 

and vehicle entrances to each building 

that contains nuclear material or 

radioactive material. The signs may 

include other prohibitions already 

posted at the point of entry. The 

unauthorized introduction of weapons 

or explosives within the area marked by 

the signs would constitute a Federal 

crime. In other words, the introduction 

of weapons or explosives, without 

authorization, into or upon the 

protected area or if no protected area 

into or upon a building containing 

nuclear material would be a Federal 

crime. For purposes of this proposed 

section, ‘‘without authorization’’ means 

not authorized as part of one’s official 

duties to carry weapons or explosives. 

Under this proposed definition, the 

introduction of weapons by security 

guards, peace officers or military 

personnel into the protected area or a 

building where the sign is posted as part 

of their official duties would be 

‘‘authorized’’ and these individuals 

would not be subject to criminal 

sanctions. 

The terms ‘‘dangerous weapons,’’ 

‘‘dangerous instrument or material,’’ 

and ‘‘explosives’’ are not defined in the 

statute that these proposed regulations 

would implement. There is no 

consensus definition in state or federal 

statutes or judicial decisions for these 

terms. The NRC is soliciting comments 

on whether the NRC should define these 


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51380 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 

terms in the final rule or in a regulatory 

guidance document, and if they are 

defined, what the definitions should be. 

The NRC recognizes that by placing 

the signs at the entrance to the protected 

area or if no protected area at the 

entrance to buildings containing nuclear 

material or radioactive material means 

that it would not be a Federal crime 

(under this proposed regulation) to 

merely stand beyond the area where the 

sign is posted with an unauthorized 

weapon or explosive. However, if 

anyone attacks the protected area or 

building where the sign is posted, he or 

she would be in violation of this 

proposed regulation because the firing 

of a bullet, explosive or other projectile 

into or upon the protected area or 

building where the sign is posted would 

constitute an unauthorized introduction 

of a dangerous instrument. 

The signs should be easily readable 

day and night by both pedestrian and 

vehicular traffic. The NRC proposes a 

90-day implementation period for this 

requirement to allow licensees enough 

time to acquire the appropriate signs. 

The NRC welcomes any comments on 

the sufficiency of this implementation 

period, on the feasibility of adding this 

notice at each entrance to the protected 

area or if no protected area at every 

entrance to buildings containing nuclear 

material, and on whether there is a more 

effective place to post the signs. 

Further, the NRC is proposing that 

this be a performance-based regulation 

that states the signs should be ‘‘easily 

readable day and night.’’ The NRC is 

soliciting comments on whether the 

regulation should be written more 

specifically; for example, whether the 

regulation should specify a certain font 

size and color as well as lighting 

requirements or incorporate a consensus 

technical standard such as the 

Americans with Disabilities Act signage 

standard. 

This proposed rule should not require 

any changes to licensee security 

procedures. Under § 73.71(b)(1) and 

paragraph I(d) of appendix G to part 73, 

licensees are required to report within 

one hour, followed by a written report 

within 60 days, ‘‘the actual or attempted 

introduction of contraband into a 

protected area, material access area, 

vital area, or transport.’’ For purposes of 

this proposed rule, weapons, explosives 

or other dangerous instruments that are 

introduced without authorization would 

be ‘‘contraband.’’ 

III. Plain Language 

The Presidential memorandum dated 

June 1, 1998, entitled ‘‘Plain Language 

in Government Writing’’ directed that 

the Government’s writing be in plain 

language. This memorandum was 

published on June 10, 1998 (63 FR 

31883). The NRC requests comments on 

the proposed rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the address listed under the 

ADDRESSES caption of the preamble. 

IV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless 

using such a standard is inconsistent 

with applicable law or is otherwise 

impractical. In this proposed rule, the 

NRC is proposing criminal penalties for 

the unauthorized introduction of 

weapons or explosives into or upon 

certain facilities and installations 

subject to the regulatory authority of the 

NRC. This action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

V. Finding of No Significant 

Environmental Impact: Environmental 

Assessment 

The Commission has determined 

under the National Environmental 

Policy Act of 1969, as amended, and the 

Commission’s regulations in subpart A 

of 10 CFR part 51, that this rule, if 

adopted, would not be a major Federal 

action significantly affecting the quality 

of the human environment and, 

therefore, an environmental impact 

statement is not required. The basis for 

this determination is as follows: 

The Need for the Proposed Action 

This proposed action is needed to 

implement section 229 of the Atomic 

Energy Act. In section 654 of the Energy 

Policy Act of 2005, Congress amended 

section 229 of the Atomic Energy Act, 

authorizing the NRC to issue regulations 

making it a Federal crime to, without 

authorization, introduce weapons or 

explosives into specified classes of 

facilities and installations subject to the 

regulatory authority of the NRC. Section 

229 was also amended to require that 

each such regulation be posted 

conspicuously at the location involved. 

Environmental Impacts of the Proposed 

Action 

The NRC has completed its evaluation 

of the proposed rule and concludes that 

it will not cause any significant 

environmental impact. The only action 

required by the proposed rule is the 

requirement in § 73.75 that licensees 

place a notice at each entrance to the 

protected area or if the facility or 

installation does not have a protected 

area at each entrance to a building that 

contains nuclear material or radioactive 

material. Licensees already post notices 

at the entrances to facilities, and this 

proposed rule allows licensees to 

combine the notice required in § 73.75 

with these other notices. Therefore, the 

NRC has concluded that there will be 

little to no environmental impact of 

creating and posting an additional 

notice. Accordingly, the NRC concludes 

that there will be no significant 

environmental impacts associated with 

this proposed action. 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered not 

promulgating this rule (the ‘‘no-action’’ 

alternative). This would result in 

leaving unfulfilled the Congressional 

authorization the NRC had sought. 

Moreover, because implementation of 

the proposed rule would not result in 

environmental impacts, the no-action 

alternative would not reduce the 

environmental impacts. 

Accordingly, the Commission 

determined in this environmental 

assessment that there will be no 

significant offsite impact to the public 

from this action. However, the 

Commission is soliciting public 

comments on any aspect of the 

environmental assessment. These 

comments may be submitted to the NRC 

as indicated under the ADDRESSES

heading. 

VI. Paperwork Reduction Act 

Statement 

This proposed rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). The posting requirements 

contained in this proposed rule are not 

included in the definition of 

information collection because the 

public disclosure information was 

originally supplied by the Federal 

Government to the recipient for the 

purpose of disclosure to the public. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

VII. Regulatory Analysis 

A regulatory analysis has not been 

prepared for this regulation. Congress 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Proposed Rules 51381 

authorized the NRC to implement by 

regulation section 654 of the Energy 

Policy Act of 2005, which establishes as 

a Federal crime the unauthorized 

introduction of weapons or explosives 

into NRC-designated facilities. The 

Atomic Energy Act requires that signs 

be conspicuously posted warning 

facility entrants of the criminal 

prohibition. The only costs associated 

with implementing the proposed rule 

are the costs to procure, post and 

maintain these signs. The Commission 

has considered the economic 

implications of this proposed rule, and 

has determined that there are limited 

costs associated with implementation. 

VIII. Regulatory Flexibility 

Certification 

As required by the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 605(b), 

the Commission certifies that this 

proposed rule, if promulgated, would 

not have a significant economic impact 

upon a substantial number of small 

entities. 

IX. Backfit Analysis 

The NRC has determined that a 

backfit rule, 10 CFR 50.109, 70.76, 

72.62, 76.76, does not apply to this 

proposed rule and that a backfit analysis 

is not required. The backfit analysis is 

not required because the only actions 

required by the proposed rule would be 

the procuring and posting of signs. The 

posting of such signs is required by 

section 229a.(2) of the AEA and does 

not involve the exercise of agency 

discretion and, in any event, does not 

require the modification of or additions 

to systems, structures, components, or 

design of a facility or the design 

approval or manufacturing license for a 

facility, or the procedures or 

organization required to design, 

construct, or operate a facility. 

X. Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ 

regulations. The NRC program elements 

in this category are those that relate 

directly to areas of regulation reserved 

to the NRC by the Atomic Energy Act of 

1954, as amended (AEA), or the 

provisions of Title 10 of the Code of 

Federal Regulations. Although an 

Agreement State may not adopt program 

elements reserved to NRC, it may wish 

to inform its licensees of certain 

requirements via a mechanism that is 

consistent with the particular State’s 

administrative procedure laws but does 

not confer regulatory authority on the 

State. 

List of Subjects in 10 CFR Part 73 

Criminal penalties, Export, Hazardous 

materials transportation, 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, the NRC 

is proposing to adopt the following 

amendments to 10 CFR part 73. 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

1. The authority citation for part 73 

continues to read as follows: 

Authority: Secs. 53, 161, 149, 68 Stat. 930, 

948, as amended, sec. 147, 94 Stat. 780 (42 

U.S.C. 2073, 2167, 2169, 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); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Public Law 109–58, 119 

Stat. 594 (2005). 

Section 73.1 also issued under secs. 135, 

141, Public Law 97–425, 96 Stat. 2232, 2241 

(42 U.S.C., 10155, 10161). Section 73.37(f) 

also issued under sec. 301, Public Law 96– 

295, 94 Stat. 789 (42 U.S.C. 5841 note). 

Section 73.57 is issued under sec. 606, Public 

Law 99–399, 100 Stat. 876 (42 U.S.C. 2169). 

2. Section 73.75 is added to read as 

follows: 

§ 73.75 Posting. 

Licensees or certificate holders 

operating facilities subject to the 

requirements of § 73.81(c) shall 

conspicuously post notices at every 

vehicle and pedestrian entrance to the 

protected area or, if a facility or 

installation does not have a protected 

area, at the personnel and vehicle 

entrances to each building containing 

nuclear material or radioactive material. 

Such notices must state: ‘‘The willful 

unauthorized introduction of any 

dangerous weapon, explosive, or other 

dangerous instrument or material likely 

to produce substantial injury or damage 

to persons or property into or upon 

these premises is a Federal crime. (42 

U.S.C. 2278a.)’’ Every such notice must 

be easily readable day and night by both 

pedestrian and vehicular traffic entering 

the facility or installation. These notices 

may be combined with other notices. 

3. In § 73.81, paragraph (b) is revised, 

and paragraph (c) is added, to read as 

follows: 

§ 73.81 Criminal penalties. 

* * * * * 

(b) The regulations in part 73 that are 

not issued under sections 161b, 161i, or 

161o for the purposes of section 223 are 

as follows: §§ 73.1, 73.2, 73.3, 73.4, 73.5, 

73.6, 73.8, 73.25, 73.45, 73.75, 73.80, 

and 73.81. 

(c)(1) Any individual who, without 

authorization, willfully carries, 

transports, or otherwise introduces or 

causes to be introduced any dangerous 

weapon, explosive, or other dangerous 

instrument or material likely to produce 

substantial injury or damage to persons 

or property into or upon any of the 

following facilities or installations 

licensed or certified by the NRC shall be 

subject to the criminal penalties set 

forth in section 229 of the Act: 

(i) Production or utilization facilities; 

(ii) High-level waste storage or 

disposal facilities and independent 

spent fuel storage installations; or 

(iii) Uranium enrichment, uranium 

conversion, or nuclear fuel fabrication 

facilities. 

(2) Licensees or certificate holders 

operating facilities described in 

paragraph (c)(1) of this section must 

follow the posting requirements in 

§ 73.75. 

(3) As used in this section: 

(i) ‘‘Without authorization’’ means not 

authorized as part of one’s official 

duties to carry weapons or explosives; 

(ii) ‘‘Introduce’’ means to transport or 

discharge a weapon, explosive or other 

dangerous instrument past the notice 

posted pursuant to § 73.75. 

(4) For all facilities or installations 

described in paragraph (c)(1) of this 

section that do not possess nuclear 

material or radioactive material as of 

[insert effective date of final rule], this 

provision shall take effect upon receipt 

of nuclear material at the applicable 

facility or installation. 

Dated at Rockville, Maryland, this 25th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E8–20365 Filed 9–2–08; 8:45 am] 

BILLING CODE 7590–01–P 


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