[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: 10CFR73.37]



[Page 414-417]

 

                            TITLE 10--ENERGY

 

          CHAPTER I--NUCLEAR REGULATORY COMMISSION (CONTINUED)

 

PART 73_PHYSICAL PROTECTION OF PLANTS AND MATERIALS--Table of Contents

 

Sec. 73.37  Requirements for physical protection of irradiated reactor 

fuel in transit.



    (a) Performance objectives. (1) Each licensee who transports, or 

delivers to a carrier for transport, in a single shipment, a quantity of 

irradiated reactor fuel in excess of 100 grams in net weight of 

irradiated fuel, exclusive of cladding or other structural or packaging 

material, which has a total external radiation dose rate in excess of 

100 rems per hour at a distance of 3 feet from any accessible surface 

without intervening shielding, shall establish and maintain, or make 

arrangements for, and assure the proper implementation of, a physical 

protection system for shipments of such material that will achieve the 

following objectives:

    (i) Minimize the possibilities for radiological sabotage of spent 

fuel shipments, especially within heavily populated areas; and

    (ii) Facilitate the location and recovery of spent fuel shipments 

that may have come under the control of unauthorized persons.

    (2) To achieve these objectives, the physical protection shall:

    (i) Provide for early detection and assessment of attempts to gain 

unauthorized access to, or control over, spent fuel shipments;

    (ii) Provide for notification to the appropriate response forces of 

any spent fuel shipment sabotage attempts; and

    (iii) Impede attempts at radiological sabotage or spent fuel 

shipments within heavily populated areas, or attempts to illicitly move 

such shipments into heavily populated areas, until response forces 

arrive.

    (b) General requirements. To achieve the performance objectives of 

paragraph (a) of this section, a physical protection system established 

and maintained, or arranged for, by the licensee shall:

    (1) Provide for notification of the Nuclear Regulatory Commission in 

advance of each shipment, in accordance with Sec. 73.72 of this part.

    (2) Include and retain a copy of current procedures for coping with 

circumstances that threaten deliberate damage to a spent fuel shipment 

and with other safeguards emergencies 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 developed and, 

if any portion of the procedures is superseded, retain the



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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 authorizes the activity that requires the 

instruction and retain any superseded material 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:

    (i) Determine whether or not a threat exists;

    (ii) Assess the extent of the threat, if any;

    (iii) Inform local law enforcement agencies of the threat and 

request assistance; and

    (iv) Implement the procedures developed in accordance with paragraph 

(b)(2) of this section.

    (4) Include a communications center at a designated location, which 

will be staffed continuously by at least one individual who will monitor 

the progress of the spent fuel shipment and will notify the appropriate 

agencies in the event a safeguards emergency should arise.

    (5) Provide for maintenance of a written log by the escorts and 

communications 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.

    (6) Provide that arrangements have been made with local law 

enforcement agencies along the routes of road and rail shipments, and at 

U.S. ports where vessels carrying spent fuel shipments are docked, for 

their response to an emergency or a call for assistance.

    (7) Provide for advance approval by the NRC of the routes used for 

road and rail shipments of spent fuel, and of any U.S. ports where 

vessels carrying spent fuel shipments are scheduled to stop.

    (8) Provide that shipments are planned so that scheduled 

intermediate stops are avoided to the extent practicable.

    (9) Provide that at least one escort maintains visual surveillance 

of the shipment during periods when the shipment vehicle is stopped, or 

the shipment vessel is docked.

    (10) Provide that escorts (other than members of local law 

enforcement agencies, or ship's officers serving as unarmed escorts) 

have successfully completed the training required by appendix D of this 

part.

    (11) Provide that shipment escorts make calls to the communications 

center at least every 2 hours to advise of the status of the shipment 

for road and rail shipments, and for sea shipments while shipment 

vessels are docked at U.S. ports.

    (c) Shipments by road. In addition to the provisions of paragraph 

(b), the physical protection system for any portion of a spent fuel 

shipment that is by road shall provide that:

    (1) A transport vehicle within a heavily populated area is:

    (i) Occupied by at least two individuals, one of whom serves as 

escort, and escorted by an armed member of the local law enforcement 

agency in a mobile unit of such agency; or

    (ii) Led by a separate vehicle occupied by at least one armed 

escort, and trailed by a third vehicle occupied by at least one armed 

escort.

    (2) A transport vehicle not within any heavily populated area is:

    (i) Occupied by at least one driver and one other individual who 

serves as escort; or

    (ii) Occupied by a driver and escorted by a separate vehicle 

occupied by at least two escorts; or

    (iii) Escorted as set forth in paragraph (c)(1) of this section.

    (3) Escorts have the capability of communicating with the 

communications center, local law enforcement agencies, and one another, 

through the use of:

    (i) A citizens band (CB) radio available in the transport vehicle 

and in each escort vehicle;

    (ii) A radiotelephone or other NRC-approved equivalent means of two-

way voice communications available in the



[[Page 416]]



transport vehicle or in an escort vehicle committed to travel the entire 

route; and

    (iii) Citizens band (CB) radio and normal local law enforcement 

agency radio communications in any local law enforcement agency mobile 

units used for escort purposes.

    (4) The transport is equipped with NRC-approved features that permit 

immobilization of the cab or cargo-carrying portion of the vehicle.

    (5) The transport vehicle driver has been familiarized with, and is 

capable of implementing, transport vehicle immobilization, 

communications, and other security procedures.

    (d) Shipments by rail. In addition to the provisions of paragraph 

(b), the physical protection system for any portion of a spent fuel 

shipment that is by rail shall provide that:

    (1) A shipment car within a heavily populated area is accompanied by 

two armed escorts (who may be members of a local law enforcement 

agency), at least one of whom is stationed at a location on the train 

that will permit observation of the shipment car while in motion.

    (2) A shipment car not within any heavily populated area is 

accompanied by at least one escort stationed at a location on the train 

that will permit observation of the shipment car while in motion.

    (3) Escorts have the capability of communicating with the 

communications center and local law enforcement agencies through the use 

of a radiotelephone, or other NRC-approved equivalent means of two-way 

voice communications, which shall be available on the train.

    (e) Shipments by sea. In addition to the provisions of paragraph 

(b), the physical protection system for any portion of a spent fuel 

shipment that is by sea shall provide that:

    (1) A shipment vessel, while docked at a U.S. port within a heavily 

populated area, is protected by:

    (i) Two armed escorts stationed on board the shipment vessel, or 

stationed on the dock at a location that will permit observation of the 

shipment vessel; or

    (ii) A member of a local law enforcement agency, equipped with 

normal LLEA radio communications, who is stationed on board the shipment 

vessel, or on the dock at a location that will permit observation of the 

shipment vessel.

    (2) A shipment vessel, while within U.S. territorial waters, or 

while docked at a U.S. port not within a heavily populated area, is 

accompanied by an escort, who may be an officer of the shipment vessel's 

crew, who will assure that the shipment is unloaded only as authorized 

by the licensee.

    (3) Escorts have the capability of communicating with the 

communications center and local law enforcement agencies through the use 

of a radiotelephone, or other NRC-approved equivalent means of two-way 

voice communications.

    (f) Prior to the transport of spent fuel within or through a state a 

licensee subject to this section shall notify the governor or the 

governor's designee. The licensee shall comply with the following 

criteria in regard to a notification:

    (1) The notification must be in writing and sent to the office of 

each appropriate governor or the governor's designee. A notification 

delivered by mail must be postmarked at least 7 days before transport of 

a shipment within or through the state. A notification delivered by 

messenger must reach the office of the governor or the governor's 

designee at least 4 days before transport of a shipment within or 

through the state. A list of the mailing addresses of governors and 

governors' designees is available upon request from the Director, Office 

of Public Affairs, U.S. Nuclear Regulatory Commission, Washington, DC 

20555.

    (2) The notification must include the following information:

    (i) The name, address, and telephone number of the shipper, carrier 

and receiver.

    (ii) A description of the shipment as specified by the Department of 

Transportation in 49 CFR Sec. 172.202 and Sec. 172.203(d).

    (iii) A listing of the routes to be used within the state.



[[Page 417]]



    (iv) A statement that the information described below in Sec. 

73.37(f)(3) is required by NRC regulations to be protected in accordance 

with the requirements of Sec. 73.21.

    (3) The licensee shall provide the following information on a 

separate enclosure to the written notification:

    (i) The estimated date and time of departure from the point of 

origin of the shipment.

    (ii) The estimated date and time of entry into the governor's state.

    (iii) For the case of a single shipment whose schedule is not 

related to the schedule of any subsequent shipment, a statement that 

schedule information must be protected in accordance with the provisions 

of Sec. 73.21 until at least 10 days after the shipment has entered or 

originated within the state.

    (iv) For the case of a shipment in a series of shipments whose 

schedules are related, a statement that schedule information must be 

protected in accordance with the provisions of Sec. 73.21 until 10 days 

after the last shipment in the series has entered or originated within 

the state and an estimate of the date on which the last shipment in the 

series will enter or originate within the state.

    (4) A licensee shall notify by telephone or other means a 

responsible individual in the office of the governor or in the office of 

the governor's designee of any schedule change that differs by more than 

6 hours from the schedule information previously furnished in accordance 

with Sec. 73.37(f)(3), and shall inform that individual of the number 

of hours of advance or delay relative to the written schedule 

information previously furnished.

    (g) State officials, state employees, and other individuals, whether 

or not licensees of the Commission, who receive schedule information of 

the kind specified in Sec. 73.37(f)(3) shall protect that information 

against unauthorized disclosure as specified in Sec. 73.21.



[45 FR 37408, June 3, 1980, as amended at 47 FR 603, Jan. 6, 1982; 52 FR 

31613, Aug. 21, 1987; 53 FR 19257, May 27, 1988; 60 FR 24552, May 9, 

1995]



             Physical Protection Requirements at Fixed Sites