ML20041A380
| ML20041A380 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1982 |
| From: | Donoghue D, Scott R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML20041A374 | List: |
| References | |
| NUDOCS 8202220061 | |
| Download: ML20041A380 (25) | |
Text
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f' REQUEST FOR OMB REVIEW (Underth9 Paperwcrx R: duction Act and Executive Order 12291) imocrtant - Aead instructions (SF-83A) tefore complet:ng this Office of infermatien and Aegulatory Affairs fctm sam.t tne recurrea num er of copies of SF-83.together Cffice ct Management anc Sudget with tne material for wnich review is reouested to.
Washington. D C. 20503 1 Decartment/ Agency and Bureaus Cffice originating request
- 3. Namets) and te!ephone tsum0erf s) cf person (s) wno can test answer cuestions regarding reauest U.S. Nuclear Regulatory Commission Pat Woolley (301) 492-8137 2.ti-cigit AgencyiBureau numcer (fsrstpart of 11 c; git Treasury
- 4. 3-Qigit functronal ccce toast part of 11-c;g:t Treasury Acccunt Acccunt No }
No.)
.3_ _.l. 0._
.2._
_0._ _0.
_2 l_.
fu i ht;e ct information Conectson or Ruiemaning C. is :his a rutemaring suomisston uncer bect:cn 3504tn1 at P L.96-511 ? (Checx one)
- g No (Section 3507 suornission) 10 CFR 71, Amendment (71.5) 2; Yes.NPRM. Exoected cate of oucocat on:
- 6. A ls any information collection treportmg orrecorakeeping) 3; Yes.tsnat rute. Encected cate of oco:ication:
envcived? (Check one)
E!fective cate.
- 0. At wnat phase of rulemaking is tnis submission made?
g Yes and oroposat is attacneo for review
! Check one) 2 C ves Out crc =csaiis net attactied - saio to cuestion O 3: No - sop to ouestion 0 1 C Not acokcacie B Are the rescondents primaraly educatscnalagencies or 2 C Malor rute. at NPRM stage
- nS!ItJfrons oris the purpose relatedlO federaleducation 3 C Magor Fral rufe tc* which no NPQM was ouOhst'eQ dro7 tams 7 4 C Major Crnal rule af ter pubhcation cf NPAM C yes Q No S C Nenmajct rule. at NPAM stage EM Nontrator rule. at Faal stage COMPLETE SHADED PORTION IF INFORM ATION COLLECTION P1tOPOSAL IS ATTACHED
- 7. Current ter formerl CMB Number
- 8. Requested
- 12. Agency report form number (s) 3150-0008 N/A Expiration Cate
- 13. Are respondents only Feceral agencies ?
Jun d a, 1983
. luna 2n. lor 1 C Yes
')O No
- 9. is procosec information collection listed in
- 14. Type of request (Check one) the irformation ccliection budget?
IX Yes No 1 C orehr inary p'an
- 10. hiit tn s proposea information coGection 2 C new inct previously acorcved or esoires more tr'an 6 montns cause the agency to exceed its information agol cerection budget aliowance? (If yes. attach C Yes g No
- X% revision
~
amenament request from agency head) a C extens:cn laciastmet~t to urcen cmp t i Numcer of reco;t forms submitted for accroval 5 C extension <no enan;ej NIA 6 C '*' n " *"" ' '*
- C"* * "'*" 6 * *" '* s '
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- 16. Classification of Change in Burden (explain in supporting statement 1 m o...e size of l
4 toDf aurant
- s. -o.. '
15s000 No of mesponses No of Eecort:ng M0urs Cost to the Puche l
e s.,ne s. o.
15,000
- a. in inventory 2 JRR i 137.201 3
c Est meted nueneer et
- b. As proposed T.5.288 l 137:_953 I3 ru n neeniso.
scoro=eeoerseerv ar 15,000
- c. oifference te-a) 17.288 8
50 l
sneoerts aanwavy ev eac.!
Explanation of difference hncicate as many as appfy) l varies Adjustments e to..aau ire.coms varies I+
[5 o Correction-error
'd>* "c " " c '
- e. Correction-reestimate -
r cs t-r citimeico ave <aw numee, omeues
- f. Change in use d3 varies Program changes
- g. Esteeveo toia&ou's ev annust euroea na H
50 i-5 l
- g. lncrease r e seveer f.rea d e = '5" 50
- h. cecrease i_
l_ s i
Standard Form 83 rAev 3-311 l
ror Use Beginning 4,1/81 l
8202220061 820209 l
PDR ORQ EUSOMBPDR
2 4
i7 Abstract-NisCS and Uses (50 worcs or(155)
NRC is amending its 10 CFR 71 regulations to require advance notification to Stat;s for transport of nuclear waste.
18 Petatec report form (s) (give OMB numoer(s). tRCN!se.
- 20. Catalog of Feceral Comest:c Assistance Program Numcer intemal agency report form numoer(s) or symbotts))
N/A C Yes nNo 10 CFR 73 (3150-0002) i21. Smanusiness or organintion 19 Tyce of affected pubhc /Chedas manyas apply) 22 Type of activity of affected cuclic-inc;cate 3-cigit Star'darc Industr:ai C!assification (SiCl coce(s) All (uo to 101 -if over 1X: incivscuals or nouseholds
- 10. check Multicie er 2 C state orlocalgovernments 3 C tarms l
A C cusinesses or otherinstitutions (exceot farms) l
_.4_ _8 3__
23 Brief descnction of affected puotic le C. "retas! grocery stores."" State education agencies.' ~househotos on 50 targest SMSA s")
ERC 1icensges 2a Furpose iChecx as many as apoly. Ilmore than one. indicate l26. Coliecticn metnod (Check a s mans a s apply)
Drecommant by an 2srerrskI t X)(mad self acministered t
application for benefits l
2 C ctner self-administerec 1
2 program evaluation 3 0 teleononeinterview 3 C general purpose statistics j
4 C personarinterview 4XX regulatory or compliance SC recorcneecing reouirement.
5 C crogram planning or management i
Aegwred retention ceriod.
years 3 C researen 6 C other-describe:
25 : easency of Use 27 Collection agent (Check one)
C Nonrecurring t X requesting CecartmentJAgency Recurring /chec# as many as sooty) 2 C otaler Federal Department / Agency
- )(X on occasion 6C semiannuaHy 3 C private contractor 3 C weemly TC annua 4y 4 C recordkeeping requirement 4 C montnly 8C bienrtiaily 5 C otner-desence:
5 C quartert/
3C otner-describe.
2S Authcrity 'or agency for informatron collection or
- 30. Do you promise ccnficential ty?
rutemak:qg-incicate statute.requiation judicial cecree.
1 (if yes. erolain Oasis forpleage
't PL 96-295 l
,n suppert,ng statement )
C Yes XX No ER Act of 54
,31. Will tne preocsed information conection create a new cr AE Act of 74 t
become part of an existing Privacy Act syste n of reccres?
29 Aesconcent's obligation to reply (Check as many as acolyl (If yes attach Feceral Register notice or proccsec craft of.
1 O votar'tary notice.)
C Yes XX No 2 C recuired to cbtain or retain benefit p
2XX mancatory-cite statute. not CFR (attach cooy cf information collection or rufemaking s 17 Enn statutory authority)
COMPLETE ITEMS 33 THRU 35 ONLY IF RULEMAKING SUBMISSION 33 Compnance costs to the public 34 is there a regulatory impact
- 35. ls there a statutory or Jtscicial analysis attached?
deachne affecting issuance?
I C Yes C No C Yes. Enter date-s l
C No CERTIFIC ATIOh dY AUTHORIZED OFFICI ALS SUBMITTING REQUEST-We certif y tnat the informatien coilection or ruemaong submittec for rsview is necessary fer the proper performance of the agency s funct'ons. that the croocsal represents the minimum Ductic curden aac Feceral ccst consistent with reet and is consistent with aconcable CMB and agency policy directives S gnature and titie of ape'ecaG Pcucy cFrcaL FC4 %E*4cv
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I
J SUPPORTING STATEMENT FOR Advance Notification to States of Transport of Nuclear Waste (10 CFR 71) 1.
Justification (1) This information requirement is mandated by the Congress in Sec. 301(a) of P.L.96-295 the Nuclear Regulatory Commission Appropriation / Authorization Act of 1980. Sec. 301(a) reads as follows:
"The Nuclear Regulatory Commission, within 90 days of enactment of this Act, shall promulgate regulations providing for timely notification to the Governor of any State prior to the transport of nuclear waste, including spent nuclear fuel, to, through, or across the boundaries of such State. Such notification requirement shall not apply to nuclear waste in such quantities and of such types as the Comission specifically determines do not pose a potentially significant hazard to the health and safety of the public."
(ii) Sec. 301(a) directs that the information be given to the governors of statesasdefinedinSec.301(b). Sec. 301(b) reads as follows:
"As used in this section, the term " State" includes the several States of the Union, the District of Columbia, the Comonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands."
NRC amended its regulations to comply with the Congressional Mandate as follows: 10CFR71.5(a)requireseachlice.tseetogiveadvancenotification j
to the governor of a State or the governor's designee for the transport of nuclear wastes to, through, or across the boundary of the state.
10 CFR 71.5(b) defines the parameters of the advance notification. The notification must be in writing, must contain the name, address, and i
telephone number of the shipper, carrier, and receiver of the nuclear i
waste shipment; a description of the nuclear waste, the point of origin of the shipment, the seven-day period during which departure of the shipment is expected to occur, and the seven-day period during which arrival of the shipment at State boundaries is estimated to occur; the destination of the shipment and the seven-day period during which arrival of the shipment is estimated to occur, and a point of contact with a telephone number for current shipment information.
10 CFR 71.5(b) further requires licensees to retain a copy of the notificati~
as a record for one year.
4 10 CFR 71.5(c) requires licensees to telephone changes to the schedule information provided under 71.5(b) to a responsible individual in the governor's or governor's designee office. The licensee is required to maintain a record of the name of the individual contacted for one year.
71.5(d)(1) requires each licensee who cancels a nuclear waste shipment for which advance notification has been made to send a cancellation notice to each governor or governor's designee previously notified and to the Director of the appropriate NRC Regional Office.
71.5(d)(2) requires that the cancellation notice identify the advance notification being cancelled and that the cancellation notice be retained as a record for one year.
The information required for prenotification differs little from that required by D0T for shipping papers.
(The rule asks for the same description of the waste shipped at D0T by referencing 49 CFR 55172.202 and 172.203(d). Additional information includes estimated departure and arrival periods at state boundaries and destination and identification of the point of contact, including the contact's telephone number.
Except for estimating the schedule for departure and arrival periods, the information is that needed for D0T shipping papers (and, in some cases, state reporting requirements).
How and for what purposes the governors of states may direct that this infor-mation be used is left to their discretion.
(Presumably any actions that they would take would be directed to the enhancement of transportation safety on a state or local level.)
(iii) There is presently no national requirement of prenotification to states of nuclear waste transportation, although some states have such requirements.
The Department of Transportation has considered such a requirement for radioactive material transportation in a recent rulemaking (46 FR 5298) but has not imple-mented such a requirement because of the Congressional mandate to NRC.
2.
Description of Survey Plan There are about 15,000 respondents affected by this regulation.
It is estimated that 200 shipments will be made annually, with each probably from a different licensee.
3.
Tabulation and Publication Plans None
t I -
4.
Time Schedule for Data Collection and Publication (i) NA. Licensees will provide reports as the regulation becomes effective.
There is no termination date since such reports arc required under regulations mandated by the Congress in Sec. 301(a) of PL 96-295.
(ii) Publication is not planned. Reports are made directly to the states by licensees. However, the addressee list for governors or their designees to receive these reports will be published in updated form in the Federal Register. Appropriate addresses and designees will be requested from governors by the NRC Office of State Programs.
5.
Consultations Outside Agency (i) Proposed rule was issued for public comment. Sixty-two responses were received. Comment letters received from public, industry, states, federal agencies, and local governments are available in the NRC Public Document Room under docket numbers 45 FR 81058 and 45 ?R 81060. See also attached Federal Register notice of final rule for discussion of comments received.
6.
Estimation of Respondent Reporting Burden It is estimated that 200 shipments will be made annually,1 each by 200 different licensees. Based on past experience with the type information requested, it is estimated that 30 minutes per response is necessary to comply,
with the requirements. The total estimated annual burden is 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br />.
7.
Sensitive Questions NA. Questions of a sensitive nature are not included.
8.
Estimate of Cost _tc Federal Government The estimated annual cost to the Government for regulation development and implementation is $12,500.
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(7590-01]
NUCLEAR PiGULATORY COMMISSION 10 CFR PART 71 Advance Notification to States of Transportation of Certain Types of Nuclear Waste AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final Rule.
SUMMARY
- The Commission is amending its regulations to implement a federal statute which requires the NRC to promulgate regulations pro-viding for timely notification to the governor of any state prior to transport of certain types of nuclear waste, including spent fuel, to, through, or across the boundary of that state.
This notification provides the governor advance information, not otherwise available to the governor, related to nuclear waste transportation in his state.
Shipment of spent fuel is covered under a separate amendment to the Commission's regulations on the physical protection of plants and materials since information regarding these shipments contains sensitive safeguards data which must be protected.
EFFECTIVE DATE:
(Insertdate180daysafterpublicationintheFederal Register)
FOR FURTHER INFORMATION CONTACT: John P. Roberts, Office of Nuclear Mta-rial Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washinr.cn, 0.C. 20555 (Telephone:
301-427-4205).
1 l
s l
SUPPLEMENTARY INFORMATION:
Background
Section 301(a) of Public Law 96-295 requires the Nuclear Regulatory Comission to
" promulgate regulations providing for timely notification to the Governor of any State prior to the transport of nuclear wasta, including spent nuclear fuel, to, through, or across the boundaries of such State. Such notification requirement shall not apply to nuclear waste in such quantities and of such types as the Comission specifically determines do not pose a potentially significant hazard to the health and safety of the public."
On December 9,1980, the NRC published a Federal Register notice (45 FR 81058) inviting public coments on a proposed rule providing for advance notificati.on to governors of states of the transportation of nuclear waste. The 90-day coment period expired March 9,1981.
Copies of the proposed rule with a request for coments were also sent to state governors. The final rule is essentially the same as the proposed rule except that its scope has been restricted to cover only large quantity (defined in $71.4(f) as exceeding Type 3 radioactivity limits) shipments of radioactive waste and spent fuel not covered under advance notification provisions of 10 CFR Part 73.
The Rule The Comission and the U.S. Department of Trsnsportation (00T) have established packaging standards for packages for various quantities of radioactive material to provide for adequate safety of the public.
There 2
1 are two basic categories of packages, Type A and Type B.
Type A packages must be designed to withstand the rigors of normal transport but are not designed to withstand transport accidents. Therefore, the quantities and types of radioactive material which may be transported in Type A packages are limited so that, if material release occurs in an accident, no significant hazard to public health and safety would result. Type B packages, which contain larger quantities of radioactive material, are designed to withstand both the normal conditions of transport and speci-fied accident conditions. While limits are set for Type B quantities of radioactive materials, there are no quantity limits for radioactive material per se in Type B containers. Accordingly, quantities larger than Type B, designated large quantities, may also be transported in Type B containers. However, regulatory requirements, which set limits on such factors as weight, volume, decay heat generation, and criticality control, place practical restrictions on the contents of Type B containers.
The NRC has recently affirmed the adequacy with respect to safety of existing 10 CFR Part 71 in its Withdrawal of Advance Notice of Rulemaking,
" Radioactive Material Packaging and Transportation by Air," (46 FR 21619, April 13,1981).
In reaching this conclusion, it cited NUREG-0170, the Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes, wnicn, after considering the types and quantities of materials shipped in Type A and Type B and large quantity packaging, l
states that the potential risk of transportation is small.
Radioactive material snigments, including spent fuel shipments, were considered in NUREG-0170 and are subject to the NRC regulations in 10 CFR Part 71 which the Commission found to be adequate with respect to l
transportation safety. However, the Congress in Section 301(a) of Public
{
3
Law 96-295 has specifically required prenoti.fication for spent fuel shipments.
Thus, while Congress leaves to the Commission's judgment, on the basis of potential significant-hazard to public health and safety, which types of nuclear waste may be excluded from prenotification, it has also made it clear that at least one type of material, spent fuel, is not to be excluded.
Shipments of spent fuel are almost all large quantity (defined in$71.41(f)asexceedingTypeBradioactivitylimits) shipments. A1!::sst all spent fuel shipments will.contain in excess of 100 grams mass of spent fuel and will be covered under the amendment to 10 CFR Part 73.
At the present time, all large quantity shipments of radioactive waste, excluding spent fuel, are of low level waste.
In the future, should reprocessing of power reactor spent fuel resume, shipments of solidified high level waste would be expected to occur.
Such shipments would be expected to be in large quantities, and the characteristics of such high level waste would be similar, in terms of radioactivity and heat load, to spent fuel.
After reviewing the data on radioactive waste shipments which is currently available, the Commission has determined that its conclusion on the adequacy of existing 10 CFR Part 71 with respect to the safety of radioactive material transportation should be reaffirmed.
It also has determined that, in accordance with the intent of Congress in Section 301 of Puclic Law 96-295, for shipments of radioactive waste which include large quantities of radioactive waste and spent fuel required to be shipced in Type B packaging, prenotification shall be required.
Shipments of all other types of radioactive materials do not pose a potentially significant hazard to the public health safety, and such types of materials are excluded from shipment prenotification requirements.
4
2 The NRC also recognizes that, while the term "large quantity" may
~
be eliminated as a result of proposed rulemaking to revise regulations for the transportation of radioactive material to make them compatible withthoseoftheInternationalAtomicEnergyAgency("Packagingof Radioactive Material for Transportation and Transportation of Radioactive Material Under Certain Conditions, Compatibility with IAEA Regulations,"
44 FR 4823'4, at 48236, August 17,1979), this revision will address types and quantities of radioactive materials presently covered under these regulations so that no purpose would be served at this time in attempting in this rulemaking to separately redefine the term "large quantity" for advance notification.
In ac:ordance with the intent of Congress and consistent with the Commission's determination that shipments of radioactive waste do not pose a potentially significant hazard to the health and safety of the public, the Commission is amending its regulations in 10 CFR Part 71 to require NRC licensees to notify state governors in advance of all large quantity shipments of radioactive waste and of spent fuel not covered under the amendment to 10 CFR Part 73 (generally 100 grams mass or less) required to be shipped in Type B packaging.
Advance notification requirements for spent fuel shipments in excess of 100 grams mass are being addressed by the Commission in a separate rulemaking action in 10 CFR Part 73 for safeguards purposes.
A companion notice covering this action is published elsewhere in this issue of the Federal Recister. Shipments of large quantities (defined in i71.4(f) as exceeding Type 8 radioactivity limits) of radioactive waste, including spent fuel not subject to 10 CFR Part 73 (approximately 100 grams mass or less) are covered in this amendment to 10 CFR Part 71.
5
The amendment to 10 CFR Part 71 will require licensees to supply the following information:
the name, address, and telephone aumoer of the shipper, carrier and receiver of the shipment, a description of the material to be transported, point of origin, estimated period of departure, estimated periods of arrival at state boundaries, the destination of the shipment, the estimated period of arrival, and a point of contact for current shipment information. This information would be provided by -
mail postmarked at least seven days or delivered by messenger at least four days in advance of the estimated period of departure, to the offices of the governors of affected states or their designees. A new information requirement contained in a recent 00T rulemaking (" Radioactive Materials; Routing and Driver Training Requirements," 46 FR 5298, January 19, 1981) may lessen the imoact of this amencment since shippers are on notice that they may need to develop procedures for reporting to 00T and can arrange to extend this effort to include NRC. The 00T Final Rule " Radioactive Materials; Routing and Driver Training Requirements,"
would require that route plans for large quantity shipments be submitted to the 00T Materials Transportation Bureau (49 CFR 173.22(c) 46 FR 5298 at 5316, January 19, 1981).
This final rule, unlike the 00T Final Rule (46 FR 5298), affects 1
(
only NRC licensees, resulting, at the outset, in a situation where i
l governors will not receive notification concerning a fraction of the total number of shipments, since some shipments of interest will be made by Agreement State licensees. This situation was anticipated, as noted in the additional views of several representatives (opposed to the requirement of Section 301) appearing at page 37 of H. Rept.96-194, Part 2 (June 29, 1979):
6
"Further, the NRC currently licenses possession of radioactive materialsinonly25[now24] states. Under agreements between the NRC and the remaining states, those states would also have to imolement regulations under this amencment."
The Coments NRC received 62 letters containing more than 300 comments on the-proposed rule. Comments were received from these entities as follows:
state governors or state agencies......... 21 individuals from public sector............
19 nuclear industrj..........................
18 federal agenci es..........................
3 citymayor.................................J Total:
62 commentors The comments covered three general categories:
(1)thescopeof the rule, (2) its impacts and (3) administrative considerations.
1.
Scoce of the Rule a.
Contents of oackages subject to orenotification requirement i
l Coments received ranged frem favoring inclusion of almost all radioactive wastes for prenotification to not promulgating ar.y amendment at all.
l Initially, the NRC contemplated that all waste required to be snipped in Type 3 packaging should be included.
Type B packaging designs are 7
required to be accident resistant because Type B quantities of radioactive wastes are potentially a more significant hazard to the public health and safety if they are not adequately contained.
However, NRC regulatory requirements for Type 3 packaging have been found to be adequate. As has been noted herein, the NRC has recently affirmed the adequacy with respect to safety of Type B packaging in a withdrawal of Advance Notice of Rulemaking, " Radioactive Material; Packaging and Transportation by<
Air" (46 FR 21619, April 13,1981).
In reaching this conclusion, it cited NUREG-0170, the Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes, which, after considering the types and quantities of materials shipped in Type A and Type B and large quantity packaging states that the potential risk of transporta-tion is small. Upon further consideration and review of the currently available data on radioactive waste shipments, the Commission has determined that shipments of radioactive waste do not pose a potentially significant hazard to the health and safety of the public. However, Congress has spc.:ifically required prenotification of shipments of spent fuel, which are almost always large quantity shipments, for prenotification.
Accordingly, the Commission is amending the regulations in 10 CFR Part 71 to require NRC licensees to notify state governors or their designees in advance of all large quantity shipments of radioactive waste and of spent fuel not covered under the amencment to 10 CFR Part 73 required to be in Type B packaging.
In the opinion of the Commission, this amendment is consistent with the intent of Congress which specifically included spent fuel, almost always shipped in large quantities, in the prenotification provisions of Section 301(a) of Public Law 96-295, but also authorized the Ccamission to determine whicn types of radioactive waste may be excluded from prenotification requirements.
8
a The NRC also believes that the varying concerns of the states can best be addressed by limiting NRC prenotification requirements to large quantity shipments of radioactive waste, including spent fuel.
In its recent June 8,1981 meeting, the State Planning Council on Radioactive Waste Management endorsed prenotification of high-level or large quantity shipments of radioactive materials, including spent fuel.
Finally, after consideration of comments, the NRC believes that -
inclusion of all shipments of Type B packaged waste is likely to cause an unwielcy paper management problem and reduce the utility of the notification system.
For this reason the NRC determines that limiting advance notification to large quantity shipments will significantly reduce an undue administrative burden of notification on states and shippers.
The number of shipments expected under this more restricted rule is a few hundred annually and will more likely be less than one percent of the 24,000 Type B shipments per year previously estimated in the pNposed rule.
b.
Emergency creoaredness concerns These issues are already being addressed outside this rulemaking l
action and therefore do not require further discussion at this time.
As the Commissica noted on April 13, 1981 in its Withdrawal of Advance Notice of Rulemaking (46 FR 21619),
"In another separate action, the NRC, in cooperation with the Federal Emergency Management Agency and other federal agencies is currently developing guidance material to be used by state agencies in developing emergency response plans for transportation accidents involving radioactive material."
l 9
l i
s c.
State and local authority Since the advance notification rule is solely informational and does l
not in any way preempt existing state or local authorit7with respect to regulation of transportation of radioactive materials, the concerns raised on the impact of the rule on state and local authority, particularly on the issue' of preemption, are not germane. With respect to concerns over the failure to include Agreement State licensees under prenotification i
requirements, Congress did not choose to amend the Atomic Energy Act of 1954, as amended, to subject Agreement State licensees to this requirement.
However, NRC plans to work with Agreement States to make regulations equivalent to this rule a matter of compatibility.
2.
Imoacts Concern was expressed over the potential impacts that the proposed amendment could have on the public health and on the safety of radioactive materials shipping.
Such comment varied considerably because of widely differing views of commenters as to the present dangers to the public of radioactive wasta shipping and whether a greater degree of regulation would enhance or diminish public safety.
Concern was also expressed over potential problems for shipping accruing from the imolementation of the proposed amendment. Potential problems raised included additional radiation exposure to the public, impeding efficient shipping, the financial and administrative burden of reporting on shippers, carriers, state agencies, and safeguards.
In general, these comments indicated concern that the impact of the amendment was negative. However, with respect to safeguards, inclusion of all Type 3 shipments under proposed 573.37(f) was also advocated. A third area of concern was that NRC 10 i
O.,
regulations be coordinated with the Department of Transportation.
This concern was generally directed toward the prospect of alleviating the administrative burden resulting from federal regulations on shipping.
The NRC has already addressed the issue of shipment safety in determining what types of wastes should be excluded from prenotification.
In accordance with the provisions of Section 301 (a) of Public Law 96-295 only shipments of large quantities of radioactive waste, including spent fuel, required to be shipped in Type B packaging are subject to the prenotification requirement. Under existing transportation regulations, such shipments are placarded and information on them is not restricted from the public. Moreover, this regulation does not preemot existing state and local authority over transportation. The NRC has therefore concluded that requiring prenotification for large quantity shipments of spent fuel and radioactive waste will have negligible negative impacts on public health and safety and efficient shipping.
The Commission also believes that the exclusion from the prenotifi-cation requirement of all radioactive waste shipments except large quantities required to be shipped in Type B packaging, including spent fuel not covered under the amendment on advance notification to 10 CFR Part 73, will significantly reduce the financial and administrative burden on statas, carriers, and shippers of such notification.
Based on estimates contained in NUREG-0170, the Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes, in 1985 shipments of Type 3 wastes are expected to number 24,000 while large quantity shipments are only expected to numcer, at most, a few hundred annually and more probably less than one percent of the 24,000 Type 3 waste shipments.
I 11
i.
With respect to coordination with the Department of Transportation, 00T announced in the preamble to its final rule on " Radioactive Materials; Routing and'01iver Training Requirements" (46 FR 5298, January 19,1981)
- that, "In order to prevent a possibly severe inconsistency between NRC and 00T transportation requirements, the 00T will have to wait at least until final rules are issued for NRC licensees before undertaking a rulemaking proceeding to consider specific prenotification requirements for other types of large quantity shipments."
3.
Administrative Considerations A number of changes which were suggested or raised for consideration in comments may be categorized as administrative in nature. These included:
inclusion of route information, use of generic reporting, creation of a federal clearing-house for notification, designation of a state agency addressee for notification receipt other than the office of the governor, restrictions on notification information to be suoplied, clearer definition of carrier and licensee responsibilities, requesting state acknowledgement of notification before a shipment could enter a state, additional documentation requirements related to notification, and changes in the period required prior to shipment.
With one exception, notification to a governor's designee, which will serve to facilitate state response, these ccaments have not been adopted in this rule. Three of these comments, inclusion of route information, use of generic reporting, and the creation of a federal clearinghouse for reporting information were suostantially resolved in 12
0.
the recent 00T rulemaking on " Radioactive Materials; Routing and Driver Training Requirements" (46 FR 5298, January 19,1981), the preamble to this final 00T rule states in part,
~
"Also a provision is added to 5173.22(c) to require shippers of a large quantity package of radioactive materials to file a copy of the route plan prepared for that shipment within 90 days following the shipment with 00T.
The Department intends to consolidate the information contained in the route plans and supply it to interested parties."
This effort by 00T to obtain post-shipment information is likely to provide greater accuracy in such reporting, and any NRC efforts would be largely duplicative.
The Commission believes that proposals on restricting information to be supplied in reporting would be confusing and burdensome.
Provision for some state governors to decline to receive prenotification would also be a burden to licensees. Governors are not required to take any action on prenatifications received and are free to dispose of them since they will not contain protected information that Part 73 prenotifications will.
Provision for receipt of partial information, which was also suggested, would result in increased papenork since, for a single shipment, different amounts of infomation would be required for different states and militate against use of a standard reporting form. As already noted, summary information is expected to be available from 00T as a result of its highway routing rule.
In addition, NRC staff plans to forward to 00T advance l
notifications received for DOT's data base. Another restriction sa gested, l
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requiring a state to reapply periodically for continued receipt of notification, does not comport with congressional intent in Section 301 of Public t.aw 96-295.
The text of 571.Sa makes it clear that responsibility for advance notificationofashipmentofnuclearwasta,asdefinedin571.4(r), rests with the licensee, i.e., the shipper, not the carrier'.
Requiring shippers to await state acknowledgement of notifications would likely impede interstate shipping and could burden interstate commerce by effectively excluding shipments from states which did not choose to establish means of promptly acknowledging such' notifications. With regard to suggestions that would require additional documentation from licensees, such as, for example, requiring licensees to document telephoned notification changes by letter, the NRC concludes that the additional burden on industry and states is not worth such effort. No change has been made in the period of time within which advance notification of a shipment must be given.
A shorter period would tend to reduce the effectiveness of notification by mail and a longer period does not seem necessary. Basing the period on arrival at individual state boundaries rather than shipment departure would result in multiple and differing notifications for a single shipment which would require additional effort and possibly contribute to confusion i
in reporting.
ENVIRONMENTAL IMPACT STATEMENT
,Inaccordancewith10CFR51.5(d)(3),anenvironmentalimcactstatement, negative declaration, or environmental impact appraisal need not be 14
prepared in connectior, with this rulemaking action because the amendments
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are nonsubstantive a.3d insignificant from the standpoint of environmental impact.
PAPERWORK STATEMENT The Nuclear Regulatory Commission has submitted this rule to the.
Office of Management and Budget for such review as may be appropriate under the Paperwork Reduction Act, P.L.96-511.
The SF-83, " Request for Clearanci," Supporting Statement, and other related documentation sub-
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mitted to CMB have been placed in the NRC Public Document Room at 1717 H Street NW., Washington, DC 20555 for inspection and copying for a fee.
After careful consideration of the ccmments on the proposed rule, the Commission, for the reasons set out in the preamble and pursuant to the Atcaic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, Section 301 of Public Law 96-295 (94 Stat. 789-790),
and Sections 552 and 553 of title 5 of the United States Code, has adopted the following amendments to 10 CFR Part 71 which are published as a docu-ment subject to codification.
PART 71 - PACXAGING OF RADI0 ACTIVE MATERIAL FOR TRANSPORT AND TRANSPORTATION OF RADI0 ACTIVE MATERIAL UNDER CERTAIN CONDITIONS 1.
In the table of contents for 10 CFR Part 71, the portion of Subpart A which precedes the center heading " Exemptions" is revised to read as follows:
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Subpart A - General Provisions Sec.
71.1 Purpose.
71.2 Scope.
71.3 Requirement for license.
1.4 Definitions.
71.5 Transportation of licensed material.
ADVANCE NOTIFICATION TO STATES OF TRANSPORT OF NUCLEAR WASTE 71.5a Transport of nuclear waste--Advance notification requirement 71.5b Advance notification of shipment of nuclear waste; Revision notice; Cancellation notice.
EXEMPTIONS n
a x
s 2.
The au ?arity for 10 CFR Part 71 is revised to read as follows:
Authority:
Secs. 53, 57, 62, 63, 81, 161b, i and o, 182, 183, Pub. L.83-703, 68 Stat. 930, 932, 933, 935, 948, 949, 950, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201(b), (i) and (o), 2232 and 2233),
Secs. 201, 202, and 206, Pub. L.93-438, 88 Stat. 1242 as amended, 1244, and 1246 (42 U.S.C. 5841, S842 and 5846).
For the purposes of Sec. 223, Pub. L.83-703, 68 Stat. 958, as amended (42 U.S.C. 2273), 5571.61-71.63 issued under Sec. 161o, 68 Stat. 950 as amended (42 U.S.C. 2201(o)). Secs. 71.4(r) and (s), 71.5a and 71.5b also issued under Sec. 301, Pub. L.96-295, 94 Stat. 789-790.
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3.
In i71.4, new paragraphs (r) and (s) are added to read as follows:
571.4 Definitions nsxxs (r) " Nuclear waste" as used in 5571.Sa-71.5b means (1) Any lar'ge quantity of source, byproduct, or special nuclear material required by this part to be in Type 8 packaging while transported to, through, or across state boundaries to a disposal site, or to a collection point for transport to a disposal site, or (2) Any large quantity of irradiated fuel required by this part to be in Type B packaging while transported to, through, or across state boundaries irrespective of destination if the quantity of irradiated fuel is less than that subject to advance notification requirements of 10 CFR Part 73.
(s) " State" as used in 5571.Sa-71.5b means the several States of the Union, the Oistrict of Columoia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Isicnds, and the Commonwealth of the Northern Mariana Islands.
4 Imediately following 571.5, a new centerhead and new 5571.5a and 71.5b are added to read as follows:
Advance Notification to States of Transport of Nuclear Waste 8'1.Sa Transport of Nuclear Waste--Advance Notification Requirement.
Prior to the transport of any nuclear waste outside of the confines of the licensee's plant or other place of use or storage, or prior to 17
the delivery of any nuclear waste to a carrier for transport, each licensee shall comply with the procedures in $71.5b for advance notification to the governor of a state or the governor's designee for the transport of nuclear waste to, through, or across the boundary of the state.
$71.5b Advance Notification of Shipment of Nuclear Waste; Revision Notice; Cancellation Notice.
(a)Where,when,andhowadvancenotificationmustbesent. The 4
notification required by 971.Sa must be made in writing to the office of each appropriate governor or governor's designee and to the Director of the appropriate Nuclear Regulatory Co'amission Inspection and Enforcement Regional Office listed in Appendix A of Part 73 of this chapter. A notification delivered by mail must be postmarked at least seven days
, before the beginning of the seven-day period during which departure of the shipment is estimated to occur. A notification delivered by messenger must reach the office of the governor or of the governor's designee at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur. A list of the mailing addresses of the governors and governor's designees is available upon request from the Director, Office of Stata Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. A copy of the notification shall be retained by the licensee as a record for one year.
(b) Information to be furnished in advance notification of shionent.
Each advance notification of shipment of nuclear waste must contain the l
following information:
(1)Thename, address,andtelephonenumoeroftheshipper, carrier, and receiver of the nuclear waste shipment.
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(2) A description of the nuclear waste contained in the shipment as required by the regulations of the U.S. Department of Transportation in 49 CFR 55172.202 and 172.203(d).
(3) The point of origin of the shipment, and the seven-day period during which departure of the shipment is estimated to occur; (4) The seven-day period during which arrival of the shipment at state boundaries is estimated to occur; (5) The destination of the shipment, and the seven-day period during which arrival of the shipment,is estimated to occur; and (6) A point of contact with a telechone number for current shipment-information.
(c) Revision Notice. A licensee who finds that schedule information l
previously furnished to a governor or governor's designee in accordance l
l with 571.5b(b) will not be met, shall telephone a responsible individual in the office of the governor of the state or of the governor's designee and inform that individual of the extent of the delay relative to the schedule originally reported in writing under the provisions of $71.5b(b).
The licensee shall maintain a record of the name of the individual con-tacted for one year.
(d) Cancellation notice.
(1) Each licensee who cancels a nuclear waste shipment for which advance notification has been sent as required by 571.Sa shall send l
a cancellation notice to the governor of each state or the governor's designee previously notified' and to the Director of the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional l
Office listed in Appendix A of Part 73 of this chapter.
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(2) The notice shall state that it is a cancellation and shall identify the advance notification which is being cancelled. A copy of the notice shall be retained by the licensee as a record for one year.
Dated at Washington, D.C. this day of
, 1981.
For the U.S. Nuclear Regulatory Commission.
samuei J. Gn1iA, Secretary of the Commission I
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