Packages other than hand-carried packages shall be searched at random intervals.

(3) A picture badge identification system shall be used for all individuals who are authorized access to protected areas without escort.

(4) Access to vital areas and material access areas shall be limited to individuals who are authorized access to vital equipment or special nuclear material and who require such access to perform their duties. Authorization for such individuals shall be provided by the issuance of specially coded numbered badges indicating vital areas and material access areas to which access is authorized. UnOccupied vital areas and material access areas shall be protected by an active intrusion alarm system.

(5) Individuals not employed by the licensee 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, each individual not employed by the licensee shall be required to register his name, date, time, purpose of visit, employment affiliation, citizenship, name and badge number of the escort, and name of the individual to be visited. Except for a driver of a delivery or service vehicle, an individual not employed by the licensee who requires frequent and extended access to a protected area or a vital area need not be escorted provided such individual is provided with a picture badge, which he must receive upon entrance into the protected area and which he must return each time he leaves the protected area, which indicates (i) nonemployee-no escort required, (ii) areas to which access is authorized, and (iii) the period for which access has been authorized.

(6) No vehicles used primarily for the conveyance of individuals shall be permitted within a protected area except under emergency conditions.

(7) Keys, locks, combinations, and related equipment shall be controlled to minimize the possibility of compromise and promptly changed whenever there is evidence that they have been compromised. Upon termination of employment of any employee, keys, locks, combinations, and related equipment to which that employee had access shall be changed.

(d) Detection aids. (1) All alarms required pursuant to this part shall annunciate in a continuously manned cen

tral alarm station located within the protected area and in at least one other continuously manned station, not necessarily within the protected area, such that a single act cannot remove the capability of calling for assistance or otherwise responding to an alarm. All alarms shall be self-checking and tamper indicating. The annunication of an alarm at the onsite central alarm station shall indicate the type of alarm (e.g., intrusion alarm, emergency exit alarm, etc.) and location. All intrusion alarms, emergency exit alarms, alarm systems, and line supervisory systems shall at minimum meet the performance and reliability levels indicated by GSA Interim Federal Specification W-A-00450 B (GSA-FSS).

(2) All emergency exits in each protected area and each vital area shall be alarmed.

(e) Communication requirements. (1) Each guard or watchman on duty shall be capable of maintaining continuous communication with an individual in a continuously manned central alarm station within the protected area, who shall be capable of calling for assistance from other guards and watchmen and from local law enforcement authorities.

(2) The alarm stations required by paragraph (d) (1) of this section shall have conventional telephone service for communication with the law enforcement authorities as described in paragraph (e) (1) of this section.

(3) To provide the capability of continuous communication, two-way radio voice communication shall be established in addition to conventional telephone service between local law enforcement authorities and the facility and shall terminate at the facility in a continuously manned central alarm station within the protected area.

(4) All communications equipment, including offsite equipment, shall remain operable from independent power sources in the event of loss of primary power.

(f) Testing and maintenance. Each licensee shall test and maintain intrusion alarms, emergency alarms, communications equipment, physical barriers, and other security related devices or equipment utilized pursuant to this section as follows:

(1) All alarms, communications equipment, physical barriers, and other security related devices or equipment shall be maintained in operable and effective condition.

(2) Each intrusion alarm shall be functionally tested for operability and required performance at the beginning and end of each interval during which it is used for security, but not less frequently than once every seven (7) days.

(3) Communications equipment shall be tested for operability and performance not less frequently than once at the beginning of each security personnel work shift.

(g) Response requirement. (1) The licensee shall establish liaison with local law enforcement authorities. In developing his physical security plan, the licensee shall take account of the probable size and response time of the local law enforcement authority assistance.

(2) Upon detection of abnormal presence or activity of persons or vehicles within an isolation zone, a protected area, a material access area or a vital area, or upon evidence of intrusion into a protected area, a material access area or a vital area, the facility security organization shall (i) determine whether or not a threat exists, (ii) assess the extent of the threat, if any, and (iii) take immediate measures to neutralize the threat, either by appropriate action by facility guards or by calling for assistance from local law enforcement authorities, or both.

(h) This section is effective March 6, 1974.

in

In addition to the applicable requirements of § 73.50, each licensee who pursuant to the regulations in Part 70 of this chapter possesses at any site or contiguous sites subject to control by the licensee uranium-235 (contained uranium enriched to 20 percent or more in the U-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) shall protect the special nuclear material from theft or diversion as follows:

(a) Access requirements. (1) Special nuclear material shall be stored or processed only in a material access area. No activities other than those which require access to special nuclear material or equipment employed in the process, use, or storage of special nuclear material,

shall be permitted within a material ac

cess area.

(2) Material access areas shall be located only within a protected area to which access is controlled.

(3) Special nuclear material not in process shall be stored in a vault equipped with an intrusion alarm or in a vault-type room, and each such vault or vault-type room shall be controlled as a separate material access area.

(4) Enriched uranium scrap in the form of small pieces, cutings, chips, solutions or in other forms which result from a manufacturing process, contained in 30-gallon or larger containers, with a uranium-235 content of less than 0.25 grams per liter, may be stored within a locked and separately fenced area which is within a larger protected area provided that the storage area is no closer than 25 feet to the perimeter of the protected area. The storage area when unoccupied shall be protected by a guard or watchman who shall patrol at intervals not exceeding 4 hours, or by intrusion alarms.

(5) Admittance to a material access area shall be under the control of authorized individuals and limited to individuals who require such access to perform their duties.

(6) Prior to entry into a material access area, packages shall be searched for devices such as firearms, explosives, incendiary devices, or counterfeit substitute items which could be used for theft or diversion of special nuclear material.

(7) Methods to observe individuals within material access areas to assure that special nuclear material is not diverted shall be provided and used on a continuing basis.

(b) Exit requirement. Each individual, package, and vehicle shall be searched for concealed special nuclear material before exiting from a material access area unless exit is into a contiguous material access area. The search may be carried out by a physical search or by use of equipment capable of detecting the presence of concealed special nuclear material.

(c) Detection aid requirement. Each unoccupied material access area shall be locked and protected by an intrusion alarm on active status. All emergency exits shall be continuously alarmed.

(d) Testing and maintenance. Each licensee shall test and maintain intrusion

alarms, physical barriers, and other devices utilized pursuant to the requirements of this section as follows:

(1) Intrusion alarms, physical barriers, and other devices used for material protection shall be maintained in operable condition.

(2) Each intrusion alarm shall be inspected and tested for operability and required functional performance at the beginning and end of each interval during which it is used for material protection, but not less frequently than once every seven (7) days.

(e) This section is effective March 6, 1974.

Each licensee subject to the provisions of §§ 73.30 through 73.36 and/or § 73.50 and/or § 73.60 shall keep the following records:

(a) Names and addresses of all individuals who have been designated as authorized individuals.

(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.

(c) A register of visitors, vendors, and other individuals not employed by the licensee recorded pursuant to § 73.50 (c) (5).

(d) A log indicating name, badge number, time of entry, reason for entry, and time of exit of all individuals granted access to a normally unoccupied vital

area.

(e) Documentation of all routine security tours and inspections, and of all tests, inspections, and maintenance performed on physical barriers, intrusion alarms, communications equipment, and other security related equipment used pursuant to the requirements of this part.

(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.

(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, names and addresses of the monitor and one alternate monitor at each transfer point, 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 §§ 73.30 through 73.36. Such information shall 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 shall also be recorded.

(h) Procedures for controlling access to protected areas and for controlling access to keys for locks used to protect special nuclear material.

§ 73.71 Reports of unaccounted for shipments, suspected theft, unlawful diversion, or industrial sabotage.

(a) Each licensee who conducts a trace investigation of a lost or unaccounted for shipment pursuant to § 73.36(f) shall immediately report to the Director of the appropriate Atomic Energy Commission Regulatory Operations Regional Office listed in Appendix A, by telephone, telegram, or teletype, the details and results of his trace investigation and shall file within a period of fifteen (15) days a written report to the Director of the appropriate Regulatory Operations Regional Office with a copy to the Director of Regulatory Operations, U.S. Atomic Energy Commission, Washington, D.C. 20545, setting forth the details and results of the trace investigation.

(b) Each licensee shall report immediately to the Director of the appropriate Atomic Energy Commission Regulatory Operations Regional Office listed in Appendix A, by telephone, telegram, or teletype, any incident in which an attempt has been made, or is believed to have been made, to commit a theft or unlawful diversion of special nuclear material which he is licensed to possess, or to commit an act of industrial sabotage against his plant. The initial report shall be followed within a period of fifteen (15) days by a written report submitted to the Director of the appropriate Regu

any provision of the Act or any regulation or order issued thereunder. A court order may be obtained for the payment of a civil penalty imposed pursuant to section 234 of the Act for violation of sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Act or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license issued thereunder, or for any violation for which a license may be revoked under section 186 of the Act. Any person who willfully violates any provision of the Act or any regulation or order issued thereunder may be guilty of a crime and upon conviction, may be punished by fine or imprisonment or both, as provided by law.

215-337-1150.

404-526-4503.

312-739-7711.

GENERAL PROVISIONS

§ 80.1 Scope of the part.

The_regulations in this part provide the rules of procedure to be followed by any person making application to the Atomic Energy Commission for the determination of a reasonable royalty fee, compensation or the grant of an award pursuant to sections 157 and 173 of the Atomic Energy Act of 1954, as amended (68 Stat. 947, 953), and section 1 of the Patent Act of July 19, 1952 (66 Stat. 806, 808); 35 U.S.C. 183, 188). [35 F.R. 11461, July 17, 1970]

(a) All terms used in the regulations in this part which are defined in the Atomic Energy Act shall have the defined meaning.

(b) "Board" means the Patent Compensation Board designated by the Commission pursuant to section 157a of the Atomic Energy Act of 1954, as amended, or any three or more members thereof sitting as a panel pursuant to § 80.8 of section 157 of chapter 13 of the act.

(c) "Application" shall mean the application provided for in §§ 80.10 to 80.12, inclusive.

(d) "Response" shall mean the document, to be filed by the Office of the General Counsel of the Commission, provided for in § 80.22.

(e) "Party," "petitioner," and "respondent" shall mean the applicant (personally or through his counsel) and the Office of the General Counsel of the Commission as the text may indicate. Each applicant shall be entitled to be represented by Counsel.

[13 F.R. 3457, June 24, 1948, as amended at 24 F.R. 2782, Apr. 10, 1959; 25 F.R. 7619, Aug. 11, 1960]

In any proceeding under the regulations in this part, the Commission may issue any general or specific order, directive, or further regulation which it determines to be appropriate pursuant to chapter 12 of the act to assure the common defense and security. [20 F.R. 3931, June 7, 1955] § 80.5 Amendment.

Nothing in this part shall limit the authority of the Commission to issue or amend its regulations in accordance with law.

§ 80.6 Records of Board.

The records of the Board in cases filled before it, including the application, the response, the transcript and any other portion of the record, shall be open to public inspection unless (a) the Board otherwise directs upon a determination that opening of the records to public inspection would be contrary to the public interest or, (b) opening of the records is not in accord with security regulations and requirements of the Commission. [18 F.R. 620, Jan. 29, 1953]