may need to contract armed escorts. This requirement does not pre-empt existing Federal or State statutes or regulations on the use of weapons and use of deadly force. As required by Section 73.37(b)(1)(i), each licensee shall ensure that each armed escort is instructed in the use of force sufficient to counter the force directed at that individual, including the use of deadly force when the armed escort has a reasonable belief that it is necessary in self-defense or in the defense of others, or any other circumstances, as authorized by applicable Federal and State laws. This requirement does not apply to members of LLEAs performing escort duties. The licensee should evaluate the State requirements for armed escorts moving firearms from State to State in accordance with 10 CFR 73.37(b)(1). All armed escorts, with the exception of LLEA personnel, must comply with and be trained in the appropriate State rules governing the use of firearms. In addition, as permitted by law, each armed escort shall be equipped with a minimum of two weapons. The NRC recommends that each weapon provide separate and distinct response capabilities (e.g., a handgun and a rifle or shotgun). This requirement does not apply to LLEA personnel performing escort duties. Section 73.37(b)(3)(vii), requires that armed escorts for road, rail, or waterborne shipments of SNF successfully complete the training required by Appendix D, “Physical Protection of Irradiated Reactor Fuel in Transit, Training Program Subject Schedule,” to 10 CFR Part 73, including the equivalent of the weapons training and qualifications program required of guards, as described in Sections III and IV of Appendix B, “General Criteria for Security Personnel,” to Part 73. These training and qualification requirements do not apply to LLEA personnel or ship’s officers serving as unarmed escorts. Appendix D contains a list of subjects the course should cover. The detailed material taught under each subject heading should be adapted to the particular modes of transportation used for the shipment that the armed escort will be assigned to protect. The licensee may adjust the length of the course depending on the background and the experience of the individuals selected to be armed escorts. The licensee should be prepared to demonstrate the efficacy of the training program to comply with the NRC inspection and enforcement program. One way to accomplish this is to maintain records of the licensee’s evaluations (written tests, field tests, or observation of performance) of the trainees’ progress in the instruction program and any remedial training required. Training for the armed escorts also should address the need for the escorts to anticipate making unplanned detours so that the shipment may keep moving without interruption. The shipment should not be stopped solely for the purpose of making new LLEA contacts or communicating with the movement control center. In some situations, however, stops may be unavoidable. In these cases, the shipment should proceed to the nearest available safe haven before making the stop. LLEA personnel serving as escorts are considered to be adequately trained to carry out the escort duties they are expected to perform and are not required to undergo the training specifically required for private armed escorts. However, a member of an LLEA should be briefed on the shipment procedures as necessary to perform the escort functions. Section 73.37(b)(3)(vii) requires shipment escorts to provide notifications to the movement control center at random intervals, not to exceed 2 hours, to advise of the status of road and rail shipments while in motion, and at regular intervals not to exceed 30 minutes when the shipment
18
Made with FlippingBook - Online Brochure Maker