[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR73.21] [Page 403-405] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION (CONTINUED) PART 73_PHYSICAL PROTECTION OF PLANTS AND MATERIALS--Table of Contents Sec. 73.21 Requirements for the protection of safeguards information. (a) General performance requirement. Each licensee who (1) possesses a formula quantity of strategic special nuclear material, or (2) is authorized to operate a nuclear power reactor, or (3) transports, or delivers to a carrier for transport, a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel, and each person who produces, receives, or acquires Safeguards Information shall ensure that Safeguards Information is protected against unauthorized disclosure. To meet this general performance requirement, licensees and persons subject to this section shall establish and maintain an information protection system that includes the measures specified in paragraphs (b) through (i) of this section. Information protection procedures employed by State and local police forces are deemed to meet these requirements. (b) Information to be protected. The specific types of information, documents, and reports that shall be protected are as follows: (1) Physical protection at fixed sites. Information not otherwise classified as Restricted Data or National Security Information relating to the protection of facilities that possess formula quantities of strategic special nuclear material, and power reactors. Specifically: (i) The composite physical security plan for the nuclear facility or site. (ii) Site specific drawings, diagrams, sketches, or maps that substantially represent the final design features of the physical protection system. (iii) Details of alarm system layouts showing location of intrusion detection devices, alarm assessment equipment, alarm system wiring, emergency power sources, and duress alarms. (iv) Written physical security orders and procedures for members of the security organization, duress codes, and patrol schedules. (v) Details of the on-site and off-site communications systems that are used for security purposes. (vi) Lock combinations and mechanical key design. (vii) Documents and other matter that contain lists or locations of certain safety-related equipment explicity identified in the documents as vital for purposes of physical protection, as contained in physical security plans, safeguards contingency plans, or plant specific safeguards analyses for production or utilization facilities. (viii) The composite safeguards contingency plan for the facility or site. (ix) Those portions of the facility guard qualification and training plan which disclose features of the physical security system or response procedures. (x) Response plans to specific threats detailing size, disposition, response times, and armament of responding forces. (xi) Size, armament, and disposition of on-site reserve forces. [[Page 404]] (xii) Size, identity, armament, and arrival times of off-site forces committed to respond to safeguards emergencies. (xiii) Information required by the Commission pursuant to 10 CFR 73.55 (c) (8) and (9). (2) Physical protection in transit. Information not otherwise classified as Restricted Data or National Security Information relative to the protection of shipments of formula quantities of strategic special nuclear material and spent fuel. Specifically: (i) The composite transportation physical security plan. (ii) Schedules and itineraries for specific shipments. (Routes and quantities for shipments of spent fuel are not withheld from public disclosure. Schedules for spent fuel shipments may be released 10 days after the last shipment of a current series.) (iii) Details of vehicle immobilization features, intrusion alarm devices, and communication systems. (iv) Arrangements with and capabilities of local police response forces, and locations of safe havens. (v) Details regarding limitations of radio-telephone communications. (vi) Procedures for response to safeguards emergencies. (3) Inspections, audits and evaluations. Information not otherwise classified as National Security Information or Restricted Data relating to safeguards inspections and reports. Specifically: (i) Portions of safeguards inspection reports, evaluations, audits, or investigations that contain details of a licensee's or applicant's physical security system or that disclose uncorrected defects, weaknesses, or vulnerabilities in the system. Information regarding defects, weaknesses or vulnerabilities may be released after corrections have been made. Reports of investigations may be released after the investigation has been completed, unless withheld pursuant to other authorities, e.g., the Freedom of Information Act (5 U.S.C. 552). (4) Correspondence. Portions of correspondence insofar as they contain Safeguards Information specifically defined in paragraphs (b)(1) through (b)(3) of this paragraph. (c) Access to Safeguards Information. (1) Except as the Commission may otherwise authorize, no person may have access to Safeguards Information unless the person has an established ``need to know'' for the information and is: (i) An employee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government. However, an individual to be authorized access to Safeguards Information by a nuclear power reactor applicant or licensee must undergo a Federal Bureau of Investigation criminal history check to the extent required by 10 CFR 73.57; (ii) A member of a duly authorized commmittee of the Congress; (iii) The Governor of a State or designated representatives; (iv) A representative of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA Safeguards Agreement who has been certified by the NRC; (v) A member of a state or local law enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies; or (vi) An individual to whom disclosure is ordered under Sec. 2.709(f) of this chapter. (2) Except as the Commission may otherwise authorize, no person may disclose Safeguards Information to any other person except as set forth in paragraph (c)(1) of this section. (d) Protection while in use or storage. (1) While in use, matter containing Safeguards Information shall be under the control of an authorized individual. (2) While unattended, Safeguards Information shall be stored in a locked security storage container. Knowledge of lock combinations protecting Safeguards Information shall be limited to a minimum number of personnel for operating purposes who have a ``need to know'' and are otherwise authorized access to Safeguards Information in accordance with the provisions of this section. (e) Preparation and marking of documents. Each document or other matter that contains Safeguards Information [[Page 405]] as defined in paragraph (b) in this section shall be marked ``Safeguards Information'' in a conspicuous manner to indicate the presence of protected information (portion marking is not required for the specific items of information set forth in paragraph Sec. 73.21(b) other than guard qualification and training plans and correspondence to and from the NRC). Documents and other matter containing Safeguards Information in the hands of contractors and agents of licensees that were produced more than one year prior to the effective date of this amendment need not be marked unless they are removed from storage containers for use. (f) Reproduction and destruction of matter containing Safeguards Information. (1) Safeguards Information may be reproduced to the minimum extent necessary consistent with need without permission of the originator. (2) Documents or other matter containing Safeguards Information may be destroyed by any method that assures complete destruction of the Safeguards Information they contain. (g) External transmission of documents and material. (1) Documents or other matter containing Safeguards Information, when transmitted outside an authorized place of use or storage, shall be packaged to preclude disclosure of the presence of protected information. (2) Safeguards Information may be transported by messenger-courier, United States first class, registered, express, or certified mail, or by any individual authorized access pursuant to Sec. 73.21(c). (3) Except under emergency or extraordinary conditions, Safeguards Information shall be transmitted only by protected telecommunications circuits (including facsimile) approved by the NRC. Physical security events required to be reported pursuant to Sec. 73.71 are considered to be extraordinary conditions. (h) Use of automatic data processing (ADP) systems. Safeguards Information may be processed or produced on an ADP system provided that the system is self-contained within the licensee's or his contractor's facility and requires the use of an entry code for access to stored information. Other systems may be used if approved for security by the NRC. (i) Removal from Safeguards Information category. Documents originally containing Safeguards Information shall be removed from the Safeguards Information category whenever the information no longer meets the criteria contained in this section. [46 FR 51724, Oct. 22, 1981, as amended at 54 FR 17704, Apr. 25, 1989; 59 FR 38899, Aug. 1, 1994; 69 FR 2281, Jan. 14, 2004]