ML19290E784
| ML19290E784 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19290E782 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8003170024 | |
| Download: ML19290E784 (5) | |
Text
NUCLEAR REGULATORY COMMISSION
[10 CFR Part 73]
Physical Protection of In-Transit Special Nuclear Material of Moderate Strategic Significance AGENCY:
U.S. Nuclear Regulatory Commission L
ACTION:
Proposed Rule
SUMMARY
On January 14, 1980, the Nuclear Regulatory Commission (NRC) published in the Federal Register (45 FR 2657) proposed amendments to 10 CFR Part 73 to allow the NRC to delay the shipments of certain cuanti-ties of Special Nuclear Material (SNM) of moderate strategic significance.
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The NRC is republishing these proposed Emendments to explain how the scheduling control for preventing concurrent shipment of two or more quantities of SNM of moderate strategic significance totalling more than a formula amount will be implemented and to include additional requirements in subparagraphs (i), (ii) and (iii) of 10 CFR 73.67(e)(6).
The comment
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period has also been extended.
DATES:
Comments due on or before March 24, 1980.
ADDRESSES: Written comments or suggestions for consideration in connec-tion with the proposed amendments should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
Copies of comments received i
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may be examined at the Commission's Public Document Room at 1717 H Street, NW., Washington, D.C.
FOR FURTHER INFORMATION CONTACT:
Mr. C. K. Nulsen, Office of Nuclear iJ Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 (Phone 301-427-4181).
[s SUPPLEMENTARY INFORMATION:
The Commission has been concerned that possi-ble theft of concurrent shipments of SNM of moderate strategic signif-(
icance could result in the accumulation by an adversary of a formula quantity of SSNM.
In the Physical Protection Upgrade Rule [44 FR 68184
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November 28, 1979], the Commission prohibits the coincident transport by a single licensee of two or more shipments of SNM of moderate strate.gic significance if in the aggregate the series amounts to a formula quantity h
I of SSNM.
The NRC now proposes an amendment that would allow the NRC to delay the dispatching of one or more shipments of SNM of moderate strategic l
significance by two or more licensees whenever it appears a formula quan-tity of SSNM would be enroute at the same time.
Implementation of this E
amendment would (1) help to.ssure that a formula quantity of SSNM could not be lost or stolen while in transit, and (2) provide the NRC with the capability of preventing the loss of additional material to an adversary before an accounting of a lost shipment has been made.
The NRC intends to institute the following procedures to~ implement p.
this proposed amendment.
.A licensee shipper of an amount of SNM of I
moderate strategic significance is required by 10 CFR 973.72 to notify the appropriate NRC Inspection and Enforcement (IE) Regional Office by
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both mail and telephone at least seven (7) days in advance of any shipment i
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of SNM of moderate strategic significance.
IE Headquarters will in turn notify the Division of Safeguards, Office of Nuclear Material Safety and Safeguards (NMSS), of scheduled shipments of SNM of moderate strategic significance.
Division of Safeguards staff will call the licensee to determine the actual start and end times and dates of the shipment and will, no later than two days prior to the forecast shipment date, deter-mine it a formula quantity or more will be enroute at the same time and will recommend to the Director, Division of Safeguards whether to delay any shipment of SNM of moderate strategic significance.
According to proposed g73.67(e)(6)(ii), confirmation of the receipt of the SNM at its destination will be made by the receiver or the shipper, if the receiver is not a licensee, and the Commission will be notified.
If the Director determines to delay a shipment of SNM of moderate strategic significance, NRC will then notify the affected licensee of the delay by both telephone and telegraph.
Decisions for delaying a shipment will be based on the following:
(1) Total time needed to complete the shipment, (2) the impact of a schedule delay on the use of the SNM at the delivery site, (3) expected F
routing, (4) relationship of the material to the national defense or to other essential programs, and (5) whether a licensee might volunteer to delay shipment.
Under the rule, advance approval of shipments ir, not required, the burden is on NRC to order the delay of a shipment if appro-priate.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that adoption of the 4
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F following amendment to Title 10, Chapter I, Code of Federal Regulations, Part 73 is contemplated.
S73.67 [ Amended]
1.
New subparagraphs (i), (ii) and (iii) are added to g73.67(e)(6) of 10 CFR Part 73 to read as follows:
i (e) In-Transit Requirements for Special Nuclear Material of Moderate Strategic Significance.
(6)
If, after receiving advance notice of shipment of special nuclear material pursuant to S73.72 of this Part, it appears to the Commission
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that two or more shipments of special nuclear material of moderate strate-gic significance, constituting in the aggregate an amount equal to or greater than a formula quantity of strategic special nuclear material, may be en route at the same time, the Commissi~on may order one or more I
of the shippers to delay shipment according to the following procedures:
(i) The shipper shall provide to the Commission, upon request, additional information regarding a proposed shipment pertinent to the decision on whether to delay such shipment.
(ii) The receiver,or the shipper if the receiver is not a licensee, i
shall confirm receipt and integrity of a given shipment and notify the Director of the appropriate Nuclear Regulatory Commission inspection and Er'" cement Regional Office listed in Appendix A by telephone no later than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after receipt.
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(iii)
The Commission shall notify the affected shippers no later than two days before the scheduled shipment date that a given shipment is to be delayed.
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(Secs. 53, 161i, 1610, Pub. L.83-703, 68. Stat. 930, 949, 950, as
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amended (42 U.S.C. 2073, 2201))
I Qd E
Dated at Washington, D.C. this ll_"
day of February 1980.
a lgulatory Commission.
For he Nuclear e V
Samuel
. Cn11k '
]
Secretary of e Commission i
e P
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