5. SHIPMENTS BY U.S. WATERS This chapter provides guidance on the U.S. Nuclear Regulatory Commission (NRC) requirements specific to physical protection of spent nuclear fuel (SNF) shipments that travel on U.S. waters. Requirements discussed in this chapter are in addition to and not a substitute for requirements listed elsewhere in this NUREG that are applicable to physical protection of all SNF shipments regardless of the mode of transport (road, rail or water). For the purposes of these requirements, U.S. waters are considered to extend 3 nautical miles from U.S. land territory, with the exception of small offshore islets. U.S. land territory includes the 48 contiguous States, Alaska, the eight largest islands of Hawaii, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the three major islands of the U.S. Virgin Islands. Security of sea shipments between 3 and 12 nautical miles out is the responsibility of the U.S. Coast Guard, which also publishes detailed security requirements pertaining to U.S. ports (Subchapter H, “Maritime Security” to Chapter I of 33 CFR). Information identified in 10 CFR 73.37(e)(4) shall be protected against unauthorized disclosure as specified in 10 CFR 73.21, “Protection of Safeguards Information: Performance Requirements,” and 10 CFR 73.22, “Protection of Safeguards Information: Specific Requirements.” 5.1. Protection of Waterborne Shipments The purpose of the requirements in 10 CFR 73.37(e) is to ensure that the licensee has provided a capability for immediate, active protection of a waterborne shipment of SNF against theft, loss, diversion, or radiological sabotage while the shipment vessel is docked at a U.S. port, and for exports and imports, from the time the import enters the 3-mile zone until it arrives at a U.S. port, and from the time the export departs a U.S. port until it leaves the 3-mile zone. The licensee is to achieve this objective by ensuring that personnel who are on duty on or near the shipment vessel have the capability to delay or impede such acts and to request assistance promptly from local law enforcement agency (LLEA) response forces. The requirements in 10 CFR 73.37(e) are applicable at any U.S. port through which the shipment may pass. If a U.S. port is used during a transport, the licensee shall coordinate with the U.S. Coast Guard and local port authorities to ensure that all parties are appropriately informed of the material being received at the port and to ensure that the physical protection requirements of 10 CFR 73.37, “Requirements for Physical Protection of Irradiated Reactor Fuel in Transit,” are complied with during port operations. In addition to the provisions of 10 CFR 73.37(b), a shipment vessel, while docked at a U.S. port, must meet either of the following escort requirements: • 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 the points of access to the SNF shipment, if it is located in an enclosed cargo compartment • a member of an LLEA, 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 or the points of access to the SNF shipment, if it is located in an enclosed cargo compartment Section 73.37(e)(2) requires as permitted by law, that each armed escort carry a minimum of two weapons. Each weapon should provide separate and distinct response capabilities (e.g., a
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