ML19305D562
| ML19305D562 | |
| Person / Time | |
|---|---|
| Issue date: | 03/25/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Edlow S EDLOW INTERNATIONAL CO. |
| References | |
| FRN-45FR15936, RULE-PR-70 NUDOCS 8004150224 | |
| Download: ML19305D562 (2) | |
Text
. - _ _ - - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _
-O pa ae%q fo UNITED STATES
['
3 q ' (g NUCLEAR REGULATORY COMMISSION
.: E WASHINGTON, D. C. 20S55 e *-
G.
.y2
% ' %.'4 /
MAR 2 '51980 Mr. Samuel Edlow Chairman Edlow International 1100 17th Street. NW - Suite 404 Washington, DC 20036
Dear Mr. Edlow:
On March 12, 1980 the Commission published in the Federal Reedster a proposed rule (copy enclosed) that would issue a general license to carriers of ir-radiated special nuclear material. This rule has been under development for t
consideration by the Commission since physical protection requirements were established on June 15. 1979, for irradiated reactor fuel in transit.
A 60-day public coment period has been provided for the proposed rule. After the close of the comment period on May 12, 1980, comments received will be analyzed and a final version of the rule will be developed by the NRC staff.
We anticipate that an effective rule will be forwarded to the Commission for their consideration soon after the coment period ends.
I am providing you with the details of this rulemaking action because of your June 29,1979, petition to the Commission on the same subject. The final version of the proposed rule may meet the intent of your petition.
If you have any questions about the subject, please let me know.
Sincerely, Rob'er B. Minogue, Directo Office of Standards Development
Enclosure:
As, stated l
t I
800.4150224
g bNM l-1593G in mem Proposed Rules r.&ua x#ter
. Vol. 45. No. 50 Wednesday, htarch 12, 1980 This scetion of the FEDERAL REGISTER storage incident to transport.This practices and procedures presently contains notices to the public of the provided the NRC with a legal basis (in submitted to on a voluntary basis by proposed issuance of ru!cs and the absence of a specific license or other mest carriers and other persons.The regu!at'orm The purpose of tnese notices formal means) for inspecting shipments proposed amendment would not require is to gwo miterested persons an of formula quantitles of SSNh1in-transit. the filing of applications with the nSn Prior to issuance of the effccijve Commission or the issuing oflicens,es to to the a opton of o final amendments, inspections were particular persons by the Commission.
rutos' submitted to on a voluntasy basis on the The promulgation of the amendment
- ~~~ ~ ~
~
part of the carricrs, would not result in any activity that NUCLEAR REGULATOitY On June 15,1979, effective affects the environment. Accordingly.
- COMMISSION amendments to 10 CFR Part 73 (173.37) the Commission has determined under were published (44 FR 31400) that the National Environmental Policy Act, 10 CITt Part 70 prescribed requirements for the physical the Council of Environmental Quality protection of irradiated reactor fuel in guidelines, and the criteria of 10 CFR Domestic Licensing of SpecialI;uc! car transit. In their present form, because of Part 51, that neither an environmental fl.aterial; General Licenso the exemption of10 CFR 70.12. these impact statement nor environmental Requirements for Any Person Who regulations do not subject to direct impact appraisal to support a nagative Posse sses irraente:I Special fluclear regulation carriers and other persons declaration for the prcposed amendment Material (Slim)In-Tranat who possess (actually or constructively) to 10 CFR Part 70 is required.
ACENCY:U.S. Nuclear Rcgvlatory irradiated reactor fuct for the purpose of Pursuant to the Atoraic Fnergy Act of Co.nmission.
transport or storage incident to 1951, as amended, the Energy ACTION: Proposed rule.
transport.This creates the same Reorganization Act of 1074. as amended, and sections 552 and 553 of title 5 of the situation of the shipment ofirradiated GUW.!ARY:The NRC is considering fuel as existed for the shipment of United States Code, notice is hereby amending its regulations to h: sue a strategic spedal nuclear material prior given that adoption of the following general hcense to any person wh to the removal of the licens!n.
amendments to Title 10. Chapter 1. Code possesses irradiated reactor fuelin-exemption for carriers of that matnial of Federal Regulatiens Part 70 is transit. Under the general license, a (44 FR 26850). That is, the NIiG haa no contemplated.
person who possesscs irradiated reactor legal basis for inspecting the bradiated fuelin-transit would be sulicct to reactor fuel shipments in.tr aarit to certain requirements in 5 ) 73.37 and verify compliance with Section 73.37. In 73.71 cf 10 CFR Part 73. This action order to provide a level of contml over would provide a level of direct control irradiated fuel shipments co'nparable to and direct inspection authority over that provided over formula quantitics of irradiated reactor fuel shipments SSNht in-transit, the Commission is comparable to that now provided over considering amending its regulations to formula quantitics of strategic special grant a generallicense to any person nuclear material (SSNht) in-transit.
who possesses (actually or DATES: Comments must be received on constructively) irradiated reactor fuel or before hiay 12.1901 during trantport. The generallicense FOR FURTHER INFORMATION CONTACT:
would pertcin only to the carriaga or Dr. Willard D. Brown. Acting Chief.
storage in-transit of irradiated fuel Safeguurds Standards Branch. Division subject to lo CFR 73.37.
of Siting,llealth and Safeguards Appropriate paragraphs of i 70.20a Standards. Office of Standards are being revised to issue a general Development. U.S. Nucicar Regulatory license to any person who possesses i
Commi sfon. Washington. D.C. 20535 (actually or constructively) irradiated 301-443-5007.
reactor fuelin. transit.The scope of the SUPPttMENTARY INFORMATION:On hiay generallicense cranted under the 8.1071 effective amendments to to CFR proposed ameWnt would be limited Part 70 were published. 41 FR Oc850, that to posacssion o-dv and would be romcs ed the licensing exemption and effective during t' e courne of a tranted a general l!conse app'ying to shipment.Th
, ndn. at wcu!d not Carricis and Ghcr persons who have affect the em
'v ra sias and Dctual or constructive possession other r crat t t
<riN12%ho (cmis*ructive passession is a form of transpcrt 01'
< + 3 y,1 miclear
!q d powhon of rnatcrialin a material subject to..
't.
t 319.
Ih'pn ent that dos not require oriual A! A. IM.mdant Wuuid nw q'y to 1' - J w d in b "ii n:M D m:
'd',
ntJ. Nt i. sM:"aents
- in a formn ta utty with th
') ( onlu ! ont 'en nat er i,y Intra otocr ena) ui fo:n% quane.cf d.ennons ia a ta:esca contiy.The SSMI for the parpose of tran:, port or
'pw;m.a! n nendnut would codify
_.