ML20041A389

Request for OMB Review & Supporting Statement Re 10CFR73 Amend.Estimated Respondent Burden Is 1,350-h

ML20041A389
Person / Time
Issue date:	02/08/1982
From:	Donoghue D, Scott R NRC OFFICE OF ADMINISTRATION (ADM)
To:
Shared Package
ML20041A384	List: ML20041A383 ML20041A389
References
NUDOCS 8202220071
Download: ML20041A389 (25)

Text

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. REQUEST FOR OMB REVIEW (Undst the Papstwcrx Reduction Act and Executive Orcer 12291)

'moortant - Pead instructions (SF-83 Al before comoleting this Office of fnfermation and Fegu:stcry Aff airs Icem Sucm t the recuired numcer of ccp.es of SF-83.togetner Ctfsce of Management ano Buaget vtn tre thaterial for wh'en review is recuested to:

Washington.O C 20503

1. Decartmente Agency and Sureau/Cttice originat:ng request

3. Nameis) and teieonone numteris) of perscnts) wno can best ansner questions regarding recuest LS. Nuclear Regulatory Corrrnission Pat Wnn11av (an1) aoNR117

2. 6-ongst AgencyiBureau numcer ttsrstpart ot 11-dsgst Treasury

4. 3-cigit tunctionai coce llast part ot : 1-dqt ireasury Account Account ?Jo )

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7__ _S C. Is inis a rulemamny suom>ssica unoer Section 350ani 01 6 7 t e of In'ormat.cn Coslection or Rutemarung n

l FL.96-511 ? (Check one)

-)C No(Section 3507 sucwssien) 10 CFR 73 Amendment (73.37) 2C ves. NoAM. Excected cate of cuoscaticm

6. A !s anyinformation coIIection (reporting or recorcheeping) 3 C Yes. fmal rule. Escectea cate ct ouencat on.

molved ? (Check one)

Effectsve cate D. At anat phase of rulemaking is this submission mace?

'M Yes anc orcocsal is attached for rewew ck one) 2 C ves but crocosa'is not attacrea - skio *o question D.

3 C No - soo to question O-1.2 Not acchcac!e 8 Are tne resconcents pnmarily educatsonalagencies or 2C Masor rule at NPAM stase

,nst:tutions oris the purpose related to Federal education 3 C Manorcinnt ru;e *or wmen no NP AM was cues:sned crcgrams 7 4 C Va;or Final ru e af ter ouDucation of NPAM

~; Yes R No S C Nonmalcr rule.at NPAM stage

')d(Nonmaior rule. at Final stage COMPLETE SH ADED PORTION IFINFORM ATION COLLECTION P8tOPOSALIS ATTACHE 3

7. Current ior fctmer) CMS Numcer

' 8. Requested

12. Agency report form numcer(s)

Expiraticn Date Expiration Date

13. Are rescondents only Federal agencies?

May 31, 1983 May 31. 1983 O Yes E No

9. Is crocosed information colfection listed in

14. Type of recuest (Chec= onel the information collection budget?

% Yes G No 1 C DM*' nan plan 10 Willthis prcocsed information collection 2 C new hotcrewows4 aooroved or encireo mcreinan 6 raonms cause the agercy to exceed its information a90) collection t:udget allowance? (if yes. attach C Yes

1 No 3 X reosion smenament request from agency head.)

4 0 estensnan taciustn~eet to buraen cnty)

It Number of recort forms suomitted for approval 5 C extension (no enan;ei N/A 8 C " $ t * * l'""' 8 "'""' 8 "'" 5 '

15.

t 6. C assification of Change in Burden (e;rolain in supporting statement /

e ACoros met. san cf a,em a um '

364 Ne of Aesconses No of Recorr:rg Hours Cost to the P Mc ese.o<n-e+

364

a. in inventory 364 i 48.917

!5 334 l 49s592 i5 e Esn=eted numbe' o, b As proposed moono.ms or 364 c Difference (b-a)

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675 5

r cero. oers e.r r.*'

s %corts ereuew.ac.

Expianation of difference (indicate as many as acoly) rescoscenttur m 25I var es Adjustments

' [$'d *,"3c, '[37" d Cerrection-error 2

p 5$

varies e Correction-reestimate.

1 C5 l 6 stem,i.o evereq.

f. Change in use i

il ji 5 varies!

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j Program changes g Est1metad totet Sou*s ot annvet burosa m l

9. Increase l*

675 l* 5 o c.iv.e' 675

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h. Cecrease 5

Standarc Form 63, Aev J-a t !

For use Geginemg o t e 91 8202220071 820209 PDR ORG EUSOMB PDR

17. A0stract-Nsecs and Usss ISO words orless)

NRC is amending its 10 CFR 73 regulation to require advance notification to Statts for transport of nuclear waste 1 a s iaiac recort forms) ;tve C?.f 9 cumcerts). IRCMs/.

20 Catalog cf Federal OcmesLc Assistance Prc;'am Number e

anternal agency rep (ort form numcerts) or syr': Col (s))

N/A 10 CFR 71.5 3150-0008)

21. Small cusmes s or organization C Yes XXNo to Type of affected cuenc (Cneca as many as acory) 22.Tyce of actmty et affected pubhc-incicate 2-? git Standard industnal Classification (SIC) cocets) (uo to 106 - i over i

12 incivicuals or hcusenolds to, Check C Multiple or C All 2 C state orloc al governments 3 farms 4 C busmesses cr otner mstitutions (except farms) l

_4_8_3_

23 Brief cescnotson of aftectea puolic le g.."retailgrocery stores "" State education agenctes.' "housencias in 50 fargest St/SA s")

NRC licensees 22 %rpose (Check as many as accty. It more tnan one. unaicate

26 Conection method (Chece as many as apoly)

reccmmant ay an astersski 1t mani sent-aammistereo

• C acchcation ter tenef:ts l

20 other self-acmmistered

C crogram evaluation 3C teleonone mterview 3 2 generat purocse statistics 4C persona! interview 2XX regulatory or ccmchance 5C recorckeecmq recuirement.

5 C preg am clanning er management l

Aecurred retention period:

years 6 2 researcn 6 C other-descrice:

25 crecuenc', of Use (27 Col!ection agent (Cr'eck cne) 1 C Norrecurnng 1 % recLestmg Cecartment/ Agency Recu r ng <caece as many as acc'y) 4 2 O cther Fede'al Department Agency 2 % on occasion 6C semiannually l

3 C private contractor 3 C weewly TC annuahy 4 C reccrdkeepmg recu:rement 4 C monthly 8C bienn:aily 5 C other-descrice.

5 C ;uarte*

9C other-descrice:

23.htner:ty for awrc'/ or informatten co!!ection or l30 Do you promise confidentiality ?

f rulemammg-indicate statute regulatien >udicial decree.

l (if yes. ers!am 0 asis forpredge etc. ER Act of 54 PL 96-295

.n succorting statement i C ves X t.o AE Act of 74

3 ' "h ' #

• S '8 * ' "' * * ' " C "***'0"C^*"**

become part of an edstmg Privacy Act sfstem of recorcs -

23 Resocncent's cohgation to repty (Checn as many as apply) 1 (If yes. attacn Feceral Register notice or procosed draf t at t O vclu tary I

notice l C Yes XX No e

2 recuirec to cetam or reta n eenefit

32. Cost to Feceral Government of

)C( mancatcry-cite statute.not CFR lattaen copy of information collection or ruiemak.ng s_1.L000 statutcry autnerity)

COMPLETE ITEMS 43 THRU 35 ONLY IF RULEM AKING SUBMISSION 33 Comchance costs to the public

. 34 Is tnere a regulatory impact

35. is there a statutory crjudicial analysis attacned?

deadline aff ectmg issuance ?

s l

C Yes C No C Yes. Enter date l

l C No CERTIFIC ATION SY AUTHORIZED OFFICI ALS SUBMITTING REQUEST-We certify that the information collect cn or ruiemaa mg suomitted for rerew is necessary for tne crecer ce'formance of the agency s f unctions. that the preocsal represents the m'mr%m puche Durcen and Cederal 00st censistent eth need anc is consistent witn aconcable CMB and agency policy directives Signature and fitte et appew.G ocucy crr:c a6 Fca GENcv i3 ATE SUBU r*:9G CF5 C. AL i c4*E l

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l R. Medheh SeeftC / h

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Daniel J. Donoghue s

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SUPPORTING STATEMENT FOR Advance Notification to States of Transport of Nuclear Waste (10 CFR 73) 1.

Justification (i) This information requirement 's mandated by the Congress in Sec. 301(a) of P.L.96-295 the Nuclear Regulatory Comission Appropriation / Authorization Act of 1980. Sec. 301(a) reads as follows:

"The Nuclear Regulatory Comission, 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 states as defined in Sec. 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 Comanwealth 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:

73.37(f)(1) requires the notificationto be in writing and sent to the office of each appropriate governor or governor's designee.

73.37(f)(2) requires that the notification include the name, address, and telephone number of the shipper, carrier and receiver; a description of the shipment, a listing of the miles to be used within the state and a statement that the information required in 73.37(f)(3) is required by NRC regulations to be protected in accordance with the requirements of 10 CFR 73.21.

73.37(f)(3)(1)(ii)(iii) and (iv) require the licensee to provide, as a separate enclosure to the written notification, the estimated date and time of departure from the point of origin of the shipment, the estimated date and time of entry into the governor's state, for single shipments with schedules unrelated to

the schedule of subsequent shipment, a statement that the schedule information must be protected in accordance with 73.21 until at least 10 days after the shipment has entered or originated within the state, and for a shipment in a series of shipments, a statement that the schedule information must be protected in accordance with 73.21 until 10 days after the last shipment in the series has entered or originated within the state and an estimate of the date on which the last shipment in the series will enter or originate within the state.

73.37(f)(4) requires the licensee to notify by telephone or other means a responsible individual in the governor's or governor's designee's office of any schedule change that differs by more than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> from the schedule provided at the pre-notification stage and shall inform that individua' vf the number of hours of advance or delay.

The information required for prenotification differs little from that required by the Department of Transportation for shipping papers.

(The rule asks for the same description of the waste shipped as DOT by referencing 49 CFR 55172.202 and172.203(d). Additional information includes estimated departure and arrival periods at state boundaries and destination, identification of shipper, carrier, and receiver, and listing of route to be used.

How and for what purposes the governors of states may dir'ect 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 100 licensees who could be affected by this regulation. It is estimated that 270 shipments will be made during 1982 from about 20 licensues.

3.

Tabulation and Publication Plans None 4.

Time Schedule for Data Collection and Publication (i) NA. Licensees will provide reports as the regulation becomes effectiva.

There is no termination date since such reports are 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 Reaister. Appropriate addresses and designees will be requested from governors by the NRC Office of State Programs.

5.

Consultations Outside Agency (1) Proposed rule was issued for public comment. Sixty 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 number 45 FR 81058. See also attached Federal Register notice of final rule for discussion of comments received.

6.

Estimation of Respondent Reporting Burden It is estimated that 270 shipments will be made annually, by 20 different licensees. On the basis of estimates of reporting time solicited from licensees, and on the basis of our own estimates, we expect that typical reporting 'ime to support one shipment will be 5 staff hours. The typical annual reporting burden for 270 shipments is therefore, expected to be 1350 hours0.0156 days <br />0.375 hours <br />0.00223 weeks <br />5.13675e-4 months <br /> annually distributed among about 20 licensees.

Reporting time will, of course, vary with the number of states to be notified, the number of schedule adjustments that must be acconnodated, and the level of experience of the licensee in carrying out the reporting requirement. When all of these factors are unfavorable, we expect the reporting time for each shipment to rise to about 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br />.

7.

Sensitive Questions NA. Questions of a sensitive nature are not included.

8.

Estimate of Cost to Federal Government The estimated annual cost to the Government for regulation development and implementation is $18,000.

[7590-01]

NUCLEAR REGULATORY COMISSION 10JFRPart73 Advance Notification to Governors Concerning Shipments of Irradiated Reactor Fuel AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final Rule.

SUMARY: The Connission is amending its regulations to implement a federal statute which requires the NRC to promulgate regulations regarding notification to state governors of the transport of spent fuel through a state. This noti-fication will provide the governor advance information, not otherwise available tc the governor, related to spent fuel transportation in his state. Shipment of certain other foms of nuclear waste is covered under a separate amendment to the Conurission's regulation 10 CFR Part 71. Separate amendment:s are.needed because information regarding spent fuel shipments contains sensitive safeguards data which must be protected. The information-pertaining to the other waste shipments is not sensitive.

EFFECTIVE DATE: (Insert date 180 days after publication in the Federal Register).

ADDRESS: The connents received may be examined at the NRC public Document Room at 1717 H Street, N. W., Washington, D. C.

FOR FURTHER INFORMATION CONTACT: TomR. Allen,RegulatoktImprovementsBranch, Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory 1

1

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Commission, Washington, D.C. 20555 (Telephone:

301-427-4181).

SUPPLEMENTARY INFORMATION Background, Section 301(a) of Public Law 96-295 states:

"The Nuclear Regulatory Commission, within 90 days of enactment of this Act, shall prons! gate 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 bound-aries of such State. Such notification requirements shall not apply to nuclear waste in such quantities and of such types as the Corarission specifically determines do not pose a potentially signficant hazard to the health and safety of the public."

'On December 9,1980, the NRC published a Federal Register notice (45 FR 81060) inviting public consents on a proposed rule providing for advance notification to governors of states of the transportation of spent fuel. The 90-day consent period exof red March 9,1981. Copies of the proposed rule, with a request for consents, were also sent to state governors. The final rule is essentially the same as the proposed rule except that it has been modified to.sermiit notification of a governor's designee (rather than the governor).

I The Ruie The amendment to 10 CFR Part 73 will require licensees to supply the following information:

the name, address, and telephone numoer of the shipper, carrier and receiver of the shipment, a description of the material to be transported, point 2

of origin, estimated date and time of departure, estimated date and time of arrival at state boundaries, and a description of the shipment route to be used within the state. 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 date of departure, to the offices of the governors (or governors' designees) of affected states. Any person receiving schedule infonnation would be required to protect it against unauthorized disclosure. The information protection measures are set forth in 173.21 of 10 CFR Par' 73 and are the subject of a separate rulemaking notice (46 FR 51714, October 22, 1981).

Schedule information would be downgraded a short time after cogletion of the shipment, so that protection need not be continued. The state official would we renotified in the event of schecule changes in exces of six hours.

The Comments l

NRC received 60 letters containing more than 350 comments on the proposed rule.

Comments were received from these entities as follows:

state governors or state agenci es............... 24 indivi dual s from publi c sector.................. 23 nu c l e a r i n du stry................................. 9 fe de ra l a genci es................................

3 ci ty ma y o r....................................... J Total:

50 connentors Some of these connents resulted in minor changes to the rule or in changes in the way the NRC will administer the rule. These comments relate to three general groupings.

3 1

, The first such group of comments resulted in modification of the rule. A number of cossnents requested that the regulation be modified to require advance notifi-cations be sent to a state official designated by the governor, rather than being sent to the governor himself. The Commission has decided that notification of a governor's designee has significant information handling and information protection advantages. Accordingly, the final rule has been modified to provide for notifi-cation of a governor's designee.

One comment requested that the advance notification information include the telephone number of.the shipper and receiver. This suggestion is being adopted because during times of emergencies it would allow quick access to additional technical information about a shipment at insignificant additional cost. For completeness, the rule modification has been expanded to include the telephone number of the carrier.

A final comment requested that the regulation make clear that renotification can be done routinely by telephone. Paragraph 573.37(f1(4) in the regulation has been modified to make this point clear.

In addition to the revisions resulting frem public comment revisions were also made to singlify the information protection provisions of 573.37(f)(3) and to clarify that they apply to intrastate shipments as well as to interstate shipments.

l l

The second such group of comments made suggestions that were adopted but did not result in modification of the rule. Rather, these suggestions will be carried out by the NRC in the administration of the rule.

l One comment in this group stressed the importance of a governor's right to decline to receive notifications and suggested that the regulations make this 4

right explicit, while opposing coments insisted that a goveraar should not be given the option of declining to receive the notifications. The Comission continues to believe that in view of the information protection requirements of 173.21, a governor should have the option to decline to receive advance notifi-cation information relevant to spent fuel shipments. If requested by a governor, the NRC will remove that governor's name from the list of governors to be notified.

One of these coments suggested that the notification should be made to a single contact within each state, and that localities within the state that need the infomation would obtain it from that contact. Another suggested that the NRC should make available to licensees a list of the responsible persons in each s* ate to be notified in the event of a change of schedule. The Comission has decided that it is consistent with the intent of Congress that notifications should be made to a single designated individual within each state who is to receive notifications and renotifications. The NRC will make available a list of these

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indivi dual s.

One coment requested that the list of governors to receive advance notifications should include the executives of certain Pacific Island territories and the U.S. Secretarf of Interior (for shipments that would stop over at these Pacific Island territories). This suggestion is consistent with the language of the statute, which includes territories as states. The list of governors will be so modified.

l One coment requested that a standardized advance notification fem be used.

The NRC adopted the suggestion and will issue a suggested format as a guidance document.

l i

6

The Commission also received coments which were evaluated but not adopted.

Some of these were in the form of suggestions, while others provided information for consideration. Some dealt with matters beyond the scope of this regulatory action or with matters beyond the authority of the Commission. These consents are discussed below:

1.

Scone of the Rule Several comments made suggestions concerned with the scope of the rule.

These suggestions were rejected because they would modify the scope of the rule in ways that are inconsistent with NRC understanding of law or inconsistent with the aims of this particular rulemaking.

a.

Acolication to other than NRC licensees or to non-radioactive materials One comment suggested that the nJ1e should apply to all transporters of radioactive fuel, rather than being lidited to NRC licensees. Another connent exoressed concern that the rule would be unjustifiably extended to include vast numbers of shipments of nonradioactive wasta. These coments were rejected because the NRC has no authority to apply the rule to persons other than NRC licensees, b.

Promulgation of the rule by 00T, rather than NRC One comment contended that the DOT, rather than the NRC, should promulgate the rule. However, since Congress specifically directed the NRC to issue the rule, 00T has not undertaken the promulgation of such a rule.

c.

Emeroency resoonse and other state actions Some connents requested that the NRC identify state' actions needed for i

optimum utilization of the information and provide more information on emergency response. Apart from information protection rules, which was 6

recuired by Public Law 96-295, the NRC does not regulate state use of advance notification infonnation. Accordingly, it would be inappropriate to incorporate advice concerning state use of notification infonnation in a regulation. Although emergency response by states is a timely and important subject, these issues are already being addressed outside this rulemaking action, and therefore do not require further discussion here.

As the Commission noted on April 13, 1981 in its withdrawal of advance notice of rulemaking (4 FR 21619):

"In another separate action, the NRC in cooperat. ion 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 radio-active material. "

d.

State and local authority A group of consnents pointed out differences between the proposed rule and existing state laws and asked whether the rule would preengt the existing state laws. In that regard, local regulations that call for the advance disclosure of spent fuel shipment schedule information could be affected by new NRC requirements for the protectica of such schedule infonnation.

In accordance with a separate rulemaking, NRC licensees as well as any other person who has advance schedule infonnation will be prohibited from furnish-ing it to any local official other than a member of a local enforcement authority that is responsible fer responding to requests for assistance during safeguards emergencies (see 173.21(c) in 4 FR 51718, October 22, 1981). It should be noted that the protection provisions of 173.21(c) do l

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l l

not acoly to any of the other information provided to governors or the designees in accordance with this regulation.

Other comments requested that the rule provide for advance notification of citizens along spent fuel shipment routes. The NRC has not adopted this suggestion because it is beyond the scope of P.L.96-295, and because a 1ccal official could obtain such information from his state governor's office as appropriate.

e.

Routing Some coments suggested that the rule require that shipments be routed on interstate highways and that the NRC consult with state police before approving a route. The issue of whether to route shipments only on intarstates is ou* aide the scope of the advance notification rule. Routing of spent fuel shipments is covered in 10 CFR 173.37 and in DOT regulation 49 CFR 173 and 177.

However, it should be noted that the NRC encourages the use of interstate highways and, routinely consults with state police before approving a route.

2.

Imoacts l

Some comments contended that the rule was unsupported and would be burdensome and ineffective. Congress has decided that, rather than being burdensome and ineffective, advance notification to states is beneficial because it enables states of contribute to the security, safety, and ease of transport of shipments. Therefore, Congrars directed the NRC to issue requirements for its licensees to carry out advance notification.

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3.

Administrative Conunents in this group generally requested clarification of how vaMous details of the rule would be interpreted and administered or set forth alternatives to the measures proposed. The specific conuments are discussed below.

[

a.

Waterborne and airborne shipments One comunent asked how the rule will apply to waterborne and airborne shipmen **. Notifications for waterborne shipments would be guen as for highway shipments. There are no airborne shipments of spent fuel.

b.

Shicoer-carMer division of responsibility Some conur.onts asked whether the shipper or the carrier is intended to be responsible for notification under vaMous conditions. Generally two licensees, a shipper and a carrier, are involved in each spent fuel shipment.

Both are responsible for physical protection, including advance notification.

As a practical matter, division of responsibility for carrying out the physical protection requirements is a subject of agreement between the shipper and the carMer.

1 1

c.

Series shioments One coment requested claMfication concerning the way in which series of shipments are related with respect to protection of schedule infor-l mation. Shipments in a series are related in the sense that knowledge of the schedule details of one shipment in the series cculd aid in predicting the schedule of subsequent shipments in the series. For this reason, schedule information protection is required until after the last shipment in a seM es is completed.

I tg

^

d.

Documentation to demonstrate comoliance One consent asked what documentation a licensee must maintain to demonstrate conoliance with the regulation. The Comunission has decided that maintenance of a recordkeeping system by licensees is not required at this time. For its inspections the NRC will rely on a sampling process wherein NRC records concerning the details of notification will be checked against state records for the same shipment.

e.

Notification lead times Some comments inquired about the basis for the pnsposed lead times for notifications, suggested various alternative lead times, and asked whether there are circumstances under wi.ich a shipment could be made with less than four days advance notification. The notification lead times are selected to offer a reasonable comprendse between the needs for (1) timely advance notification, (2) ' avoidance of unnecessarily long periods for protection of schedule information, and (3) avoidance of unnecessary numbers of renotifi-cations

ensuing from schedule changes. NRC regulations in 10 CFR Part 73 provide for the granting of exceptions to the provisions of Part 73, including the provision for four-day notification lead time, but there must be good cause for the exception to be granted.

f.

Confimation of receiot of notification One consent suggested that, prior to entering a state with a snipment, if censees obtain confirmation from the state that notification has been received. The suggestion was not adopted because it could lead to signi-ficant delays of shipments en route and thereby weaken safeguards of the shipments.

10

g.

Use of reoistered or certified mail One connent suggested that notifications be sent only by certified or registered mail to enure delivery. The suggestion was not adopted because NRC analysis showed insignificant benefit.

h.

Clearinghouse for notifications One comment suggested that the NRC establish a Federal clearinghouse or i

other centrali:ed unit to transmit notifications to states. The suggestion was not adopted because it is not necessary to the nctification process, it would be costly, and it could cause notification delays.

i. Notification through mutual acreement Cne conne.t suggested that notifications be carried out througn mutual agreement between licensee and state, rather than having the details

~

specified by the NRC in a regulation. The suggestion was rejected because notifications would likely be nonuniform from state to state and would be difficult for the NRC to enforce.

j. Schedule tolerance Several connents suggested various alternatives to the proposed + 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> schedule tolerance be considered. The 3 6 hour6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> tolerance was retained because it appears to be a reasonable compromise between (1) the need for carriers to be allowed to have significant flexibility in schedules for long distance shipments and (2) the need for schedule accuracy in order to assure that states have the opportunity to contribute to the security and safety of transport of shipments.

11

k, Relevant state law Some coseents contended that the NRC should have evaluated all of the relevant advance notification rules now in force in several of the states.

The NRC staff reviewed a number but not all of the state advance notifica-tion laws and consulted with representatives of some states that have operational advance notification laws. Some provisions of the proposed rule were adopted from state laws.

1.

General rather than specific notifications Some coaments suggested that states need only general information (routes, number of shipments using that route, typical quantity of :naterial in a shipment, etc.) rather than shipment specific information. The suggestion was rejected because states will have a greater range of alternatives to contribute to the security, safety, and ease of transport of spent fuel shipments if the notifications are in aavance and are shipment specific.

4.

Information erotection Numerous coments were concerned with the information protection. provisions l

l in the proposed rule, under which shipment schecule informaticn would be r= quired to be protected.

i Concerns surrounding the basis for protection of infortnation, and the ways in which such information should be handled, are addressed in a secarate l

rulemaking (see 10 CFR 173.21, 46 FR 51718, October 22,1981).

l l

l l

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l

After careful consideration of these comments, the Conurission has adopted the amendment in final fom.

ENVIRONMENTAL IW ACT STATD(NT In accordance with 10 CFR 151.5(d)(3), an environmental igact statement, negative declaration, or environmental igact appraisal need not be prepared,in connection with this rulemaking action because the amendments are nonsub-stantive and insignificant from. the standpoint of environmental impact.

PAPERWORK STATOENT The Nuclear Regulatory Ccnurission 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 Clearance," Supporting Statement, and other related documentation submitted to OMB have been placed in the NRC Public Document Room at 1717 H Street, N.W., Washington, D.C. 20555 for inspection and copying for a fee.

Pursuant to the Atomic 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 Section 552 and 553 of title 5 of the United States Code, the following amendments to 10 CFR Part 73 are published as a document subject to codification.

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PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1.

The authority citation for Part 73 is revised to read as follows:

AUTHORITY: Secs. 53,147,161b,1611,1610, Pub. L.85-703, 68 Stats. 930, 9a8-950, as amended, Pub. L.85-507, 72 Stat. 327, Pub. L.88-489, Stat.

602, Pub. L.93-377, 88 Stats. 475, Pub. L.96-295, 94 Stat. 780' (42 U.S.C. 2073, 2201, 2167); Sec. 201, Pub. L. 93.438, 88 Stat. 1242, 1243, as amended, Pub. L.

94-79, 89 Stat. 413 (42 U.S.C. 5841). For the pu noses of Sec. 223, 68 Stat. 958, as amended, 42 U.S.C. 2273, 73.37(g) and 173.55 are issued under Sec.161b, 68 Stat. 948, as' amended, 42 U.S.C. 2201(b); 1573.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are (sued under Sec.1611, 68 Stat. 949, as amended, 42 U.S.C. 2201(i); and ii73.20(c)(1), 73.24(b)(i),

73.26(b)(3),(h)(6), (t )(6) and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d),

73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B) and (h), 73.55(h)(2), and (4)(iii)(B), 73.70, 73.71 and 73.72 are issued under Sec. 1610, 68 Stat. 950, as amended, 42 U.S.C. 2201(0). Paragraph 73.37(f) also is issued under Section 301 Pub. L.96-295, 94 Stat. 290.

2.

Section 73.37 is amended by adding paragraphs (f) and (g) te read as follows:

173.37 tecuirements for physical protection of irradiated reactor fuel l

in transit.

(

(f) Prior to the transport of spent fuel within or through a state a licensee subject to this section shall notify the 14 l

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governor.or the governor's designee. The licensee shall cogly with the following criteria in regard to a notification:

(1) The notification must be in writing and sent to the office of each appropriate governor or the governor's designee.

A notification delivered by mail' must be postmarked at least 7 days before transport of a shipment within or through the state. A notification delivered by messenger must reach the office of the governor or the governor's designee at least 4 days before transport of a shipment within or through the state.

A list of the mailing addresses of governors and governors' designees is available upon request from the Director, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

(2) The notification must include the following information:

(i) The name, address, and telephone number of the shipper, carrier and receiver, j

(ii) A description of the shipment as specified by the Department of Transportation in 49 CFR 5172.202 and 3172.203(d).

(iii) A listing of the routes to be used within the stata.

(iv) A statement that the information described below in 373.37(f)(3) is required by NRC regulations to be protected in accordance with the reautrements of 573.21.

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(3) The licensee shall provide the following infomation on a separate enclosure to the written notification:

(i) The estimated date and time of departure from the point of origin of the shipment.

(ii) The estimated date and time of entry into the governor's state.

(iii) For the case of a single shipment whose schedule is not related to the schedule of any subsequent shipment, a statement that schedule infomation must be protected in accordance with the prov'isions of 173.21 until at least 10 days after the shipment has entered or originated within the state.

Hv) For the case of a shipment in a series of shipments whose schedules are related, a statement that schedule information must be protected in accordance with the provisions of 173.21 until 10 days after the last shipment in the series has entered or originated within the state and an estimate of the date on which the last shipment in the series will enter or orginate within the state.

(4) A ifcensee shall notify by telephone or other means a responsible individual in the office of the governor or in the office of the governor's designee of any schedule change that differs by more than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> from the schedule inforation previously furnished in accordance with 173.37(f)(3), and shall infom that individual of the number of hours of advance or delay relative to the written. schedule inforsation previously furnished.

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(g) State officials, state employees, and other individuals, whether or not licensees of the Commission, who receive schedule information of the kind specified in 373.37(f)(3) shall protect that information against unauthorized disclosure as specified in 73.21.

Dated at Washington, D.C. this day of 1981.

For the U.S. Nuclear Regulatory Commission Samuel J. Chilk Secretary of the Commission l

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NRC. ADOPTS REGULATIONS FOR NOTIFICATION OF GOVERNORS ON NUCLEAR WASTE SHIPMENTS The Nuclear Regulatory Commission is changing its regulations to require licensees to notify governors in advance when shipments of spent nuclear fuel or potentially ha:ardous nuclear wastes will be passing through their states.

The revisions to the regulations implement Section 301 of Public Law 96-295, under which Congress required the NRC to " 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." The law indica:es that the notification requirements should not apply to nuclear wastes of amounts and types that the Commission determines do not present a potentially significant ha:ard to :he public health and safety.

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Proposed regulations were published in the Federal l

Register on December 9,1980, for public comment.

For spent fuel shipments, the final rule is essentially the same as the one proposed, except that licensees are required to provide notification of shipments to the governor's designes--

rather than the governor--if the governor so desires.

The I

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amendments on this subject are contained in Part 73 of the Commission's regulations.

After consideration of the public comments received on the proposed regulation for notification of governors on potentially ha:ardous nuclear wastes, other than spent fuel, the Commission has decided to change the scope of the rule i

so as to cover only large quantities of nuclear waste, as defined in the Commission's regulations.

As proposed, the amendments to Part 71 of the Commission's regulations would have required advance notification of governors for approximately 24,000 radioactive waste ship-ments per year.

After consideration of the comments received, the NRC believes that inclusion of all these shipments is likely to cause an unwieldly paper management problem and reduce the usefulness of the notification system.

Also, the Commission affirmed on April 13, 1981, that its present regulations governing the. transportation of radioactive material are adequate with respect to safety.

This conclusion was reache'd as the result of a public rule-Ea~ king proceeding initiated in 1975 and was based largely on the NRC's " Final Environmental Statement on the Transportation of Radioactive Material by Air and Other Modes" (NUREG-0170), which was issued in 1977.

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Congress, while specifically requiring that governors be prenotified on spent fuel shipments, has left to the Commission's judgment--based on potential ha:ard -which other types of nuclear materials will be subject to pre-notification.

The Commission accordingly has determined than--in accordance with the intent of Congress and con-sistent with the Commission's determination that shipments a of radioactive waste do not pose a potentially significant ha:ard to the public health and safety--prenotification will be required only for large quahtities of radioactive waste.

This will considerably lessen the administrative burden, since only a few hundred shipments of large quantities of radioactive waste are made annually.

The revised regulations will be effective

(

days after publication in the Federal Register on

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