ML20125D411

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Ack Receipt of Re Rawl Efforts in Getting Sagstram to Adopt NRC Recommendations
ML20125D411
Person / Time
Issue date: 03/13/1984
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Santman L
TRANSPORTATION, DEPT. OF
Shared Package
ML20125D188 List:
References
FOIA-85-3 NUDOCS 8506120348
Download: ML20125D411 (10)
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{{#Wiki_filter:. 1,'AR 131334 ~ Mr. Leon D. Santman, Director Materials Transportation Bureau U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20S90

Dear Mr. Santman:

Thank you for your letter of March 8,1984. We very much appreciate Mr. Rawl's efforts in getting SAGSTRAM to' adopt our recomendations. Sincerely, Original Signed by Richard E. Cunningham Richard E. Cunningham, Director l Division of Fuel Cycle and Material Safety, fed.SS E5b; "Ei'r, Nrtlow, IE, w/ incoming Mr. Cobb, IE, w/ incoming Mr. Ernst, RES, w/ incoming Mr. Buchbinder, RES, w/ incoming. Mr. Hauber, IP, w/ incoming Mr. MacDonald, FCTC, w/ incoming-Mr, Cook, FCUF, w/ incoming Dr. Terry, FCUF, w/ incoming Dr. Long, FCUF, w/ incoming DISTRIBUTION w/ incoming RECunningham l RGPage FCUFR/F NMSS R/F FC Central File 8506120348 850201 l PDR FOIA DOUGHERTY85-3 PDR g II

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jR8 l 4< r 1 i 1 Federal Register / Vol. 48. No. 239 / Monday, December 12, 1983 / Notices 55303 n year. In addition, the Executive Director Administration. 400 7th Street, SW., Specifically, the Commission h shall provide the Secretary with any Washington, D.C. 20590; 202-755-4972. requested that the " City of Tucson interim reports upon request during the Ordinance be compared for consistency SUPPLEMENTAnY INFoRMATioN with 49 CFR part 177 Appendix A.VI. calendar year. 't. Background E."The Commission predicated its XIV. Effective Dateinis Charter is effective December 31,1983, and request on its belief that the Tucson terminates on December 31,1985 unless The HbfrA (49 U.S C.1801 et seq.) at Ordinance is inconsistent because it sectin 112(a)[49 QC.1811(a)) required prenotification. prior to that time the Charter is extended in accordance with the FACA expressly preempts any requirement of On March 25,1983, the Arizona a State or political subdivision thereof, Department of Transportation, which and other applicable requirements.

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i"" a nt an had assumed the hazardous materials Howard Dutoff. n t l gf I 8 8 49 U.S 81 b) pro e at in on aw.w ra.m+ x sei..] an inconsistent State or political demistrative determination. q subdivision requirement ceases to be. The City of Tucson Ordinance No. same coes am** preempted. however,if upon application 5148,is included as Appendix to this b' 0'C ' ' document.The Ordinance is being ]L (Docket No. BRA-20) the requirement in question:(1) Provides challenged by the Arizona Department Arizona Department of Transportation; an equal or greater level of protection to of Transportation in its entirety. Driefly, App Ication for Inconsistency Ruling; the public than the InfTA or regulations section 13-12 of the Ordinance contains e W Public Notice and invitation to issued under the HMTA: and (2) does the following pertinent provisions: l not unreasonably burden commerce. Subsection A prohibits transportstion Comment Procedural regulations implementing within or through the City of any Acthcy: htsterials Transportation section 112 of the Hh!TA are codified at quantity of radioactive materials not Bureau Research and Special Programs 49 CFR 107.201-107.225.Rese specifically exempted except as Administration (RSPA). DOT. regulations provide for the issuance of provided in subsection C. Action:Public notice and invitation to inconsistency rulings and Subsection B defines the following comment. nonpreemption determinations. Briefly, terms: radioactive materials:large a str ve pini e the [*g" '$p suuuAny:Re Arizona Department of tda e Transportation has applied for an relationship between a State or political Subsection C requires notification to administrative ruling,as to whether the subdivision requirement and a the Chief of the Fire Department at least City of Tucson Ordinance Number 5148 requirement of the HMTA or regulations 48 hours prior to the commencement of is inconsistent with 49 CFR Part 177, issued under the 1BITA.49 CFR the transportation. Subsection D Appendix A. VIE-107.209(c) sets forth the following factors contains prohibitions against DATES: Comments received on or before which are considered in determining transportation of certain radioactive January 15.1984 will be considered whether a State or political subdivision materials through the City such as before an inconsistency ruling is issued requirement is inconsistent. plutonium and radium isotopes, by the Associate Director forliazardous (1) Whether compliance with both the enriched uranium, actinides whose Materials Regulation. State or political subdivision activity exceeds 20 curies, spent reactor Acontssts:The application and any requirement and the Act or the fuel elements or mixed fission products, comments received may be reviewed in regulations issued under the Act is and any large quantity of radioactive the Dockets Branch. Office of possible; and. materials (as defined in 49 CFR Information Services, Room 8426 Nassif (2) The extent to which the State or 173.389(b) through the City ev.h as Building. 400 7th Street, SW., political subdivision requirement is an plutonium and radium isotopes. Washington. D.C. 20590. Comments on obstacle to the accomplishment and enriched uranium except cobolt 60 the application may be submitted to the execution of the Act and the regulations when used by medical or educational Dockets Branch at the above address. Issued under the Act. Institutions. Indicate Docket Number IRA-28 on your If the State orlocal requirement is Subsection E contains the exemptions submission.nree copies are requested. found to be inconsistent with a Federal from applicability of the Ordinanca. A copy of each comment must also be requirement, the State or locality may Subsection F indicates that the sent to: Mr. Juan Martin. fr., Division seek a nonpreemption determination. Ordinance does not apply to materials Director, Motor Vehicle DMsion. P.O. i.e., waiver of preemption pursuant to passing through Tucsoa on liighways of Box 2100; Phoenix. Arizona 85001: and section 112(b) of the HMTA [49 U.S.C. the State or Fedrral system where the Mr. Timothy }.liarrison. Assistant City 1811(b)). City lacks jurisdiction, to materials Attorney, City Hall. P.O. Box 27210 transported by rail over established Tucson. Arizona 85726-2721; and that 2.The Application for Inconsistency tracks reserved to the railroads. or to fact certified to at the time the comment Ruling material being transported by the is submitted to the Dockets Branch. (The On February 18.1982, the Arizona Federal government for national following format is suggested:"I hereby Corporation Commission filed en security, military, or national defense certify that ceples of this comment have application for an administrative ruling purposes. I been sent to Mr. Juan Martin. Jr. and Mr. seeking a determination that Tucson On June 28.1983, the RSPA's Chief Timothy J. lfarrison at the addresses Ordinance Number 5148, which Counsel's Office requested additional [ noted in the Federal Register.") restricted the movements of radioactive information from the Arizona 1 FOR FURTHER INFORM ATION CONTACT: materials through the City of Tucson. is Department of Transportation clarifying Vita A. Simon. Office of the Chief inconsistent with the Federalllazardous what quantitles and materials were Counsel. Research and Special Programs Materials Regulations. covered by specific licenses and further .i i R-IS i I s

55388 Federal Register / Vol. 48. Nr. 239 / Mond:y. Dec:mbef12,1983 [ N:ticef information as to the " City streets" Issued in Wuhington. D.C., on December 2. IV. Quantities of mdioactive materials limitation contained in the Ordinance. les3. neutred to beplacarded. A State or local That information has been received and Also L Roberta, routing rule that applies to a radioactive has been a part of the docket. AssociateDirectorforHoron/ous Afoter/ols "*1"i*I I'th" th'"

  • I8' 9"*""'Y The State of Arizona asserts that the Regulation.

radioactive material). for which Part in requires placarding,le inconsistent with Part Ordinance la inconsistent primarily Appendix A-Text of Appendix A to de CF1t in unless it is identical to I in.825(a) of this because of the prenotification Partin part. requirement. On the other hand, the City For the convenience of the reader the text V.Rodioactive materials for which of Tucson contends that its Ordinance is of Appendix A to 49 CFR Part in is reprinted plocordingisnotrequired. ArState orlocal consistent with Federal regulations below. routing rule that applies to a radioactive since it specifically exempts shipments material for which Part 172 does not require on State and Federal highways. Tucson RNationship Between Routing Requirements placarding le inconsistent with this part. In Part in With State and local VL OtherrelatedState ondlocalrules. A also contends that the Ordinance Requiremente State or local transportation rule le restricts only large quantities" of materials and that no restrictions are L Purpose This appendix is a statement of inconsistent with Part in if it- ! aced on transcommunity movements the Department of Transportation policy A. Conflicts with physical security regarding the relationship of State and local requirements which the Nuclear Regulatory y r;il. air or highway. rules with Federal rules in Part 177 of this Commission has established In to CFR Part

3. Public Comment oubchapter for routing motor carriere 73 or requirements approved by the transporting radioactive meterials. no Department of Transportation under Comments should be restrictec. so the purpose of this appendix is to advise a State

$ 17322(b) of this subchapten fJlliwing issue: whether the Tucson or local govemrnent how it can exercise B. Requires additional or special personnel. Ordinance is inconsistent with the authority over motor carriers under its own equipment.or escort: HMTA or regulations issued thereunder. laws in a manner that the Department of C. Requires additional or different shipping Smce the application is for an Transportation censiders to be consistent paper entnes, placards, or other hazard inconsistency ruling and not a with rules in Part in (see 40 USC.1811(a)). warning devices: nonpreemption determination. his appendix and Part in do not delegate D. Requires filing route plans or other Federal authority to regulate motor carriere. documents containing information that is comments on the effect on interstate gt p,7j,jgj,,, Routing rule" means any 8pecific to individual shipmenta: commerce of Tucson s Ordmance as the action which effectively redirects or F Requins accident orincident reporting effect relates to a waiver of preemption otherwise significantly restricts or delaye the othat thaa as immediataaly nacassary for under 49 U.S.C.1811(b) are movement by public highway of motor emergency assistance: or (neppropriate at this time and will not vehicles containing hazardous materials. and G. Unnecusarily delays transportation. be considered. which applies because of the hazardoue (49 UAC. le03.1804. teos. 40 CFR 1.53 and Persons intending to comment on the nature of the cargo. Permits. fees and similar App. A to Part 1) ^ ffects.Tr f c o a n ti ude if A B--Taxt of Tucaos Ordinance No. 9 C. 81 eD they are not bued on the nature of the cargo. H d M 1 gul such as truck r utes bued n vehicles weight Adopted by the Mayor and Council C 171-17Ol' e inconsisteneY rulinEa or size. nor are emergency measures. December 14.1961. ct 43 FR 16954. 44 FR 75566. 46 FR 18918 III. Lorye quantity radioactive materio/s. A. [Ordinanca No. 5148) and 48 FR 760, the procedures governing State routins rules. A State routing rule the Department's consideration of which applies to large quantity radioactive Relating to 11re Protection and Prevention; application for inconsistency rulings (49 materials is inconsistent with Part 177 if-Providing for the Regulation fo the CFR 107.201-107-211] as well as the City

1. It prohibits transportation oflarge Transportation of Radioative Materials of Tucson Ordinance contained as quantity radioactive materials by highway Within the City of Tucson: Adding a New Appendix B to this notice.

between any two points without providing an section ts-12 to the Tucson Code attemate route for the duration of the Be it ordained by the Mayor and Coun:il of in directing prospective commenters pr hibition;or the Cityof Tucson. Arizona. as follows: to the Hazardaus MateriaIa Regulations.

2. It does not meet all of the following section 1.nat the Tucson Code la hereby the RSpA calls particular attention to criteria:

amended by adding a new Section 13-12 Appendix A to Part 177 which was cited (alne rule is utablished by a state relating to transportation of radioactive in the Arizona application. As adopted routing agency as defined in i 171.s of this materlata. reading as follows under Docket HM-164 (46 FR 5298; subchapter; Sac.13-12. Dansportation ofindioactive January 19.1961). Appendix A sets forth (b) The rule le based on a comparative materials: prohibition definitions notice to the policy of the RSPA with respect to radiological risk enessment process at least fuerchief tequirede moterials prohibited state and local hazardous materials se unsitive as that outlined in the " DOT exemptioner non-opplicobility. regulations that may conflict with DOT Cuidelines"t A. prohibition. It shall be unlawful for any h::;rdous materials te9uirements in a (c)The rule is based on evaluation of person to transport within or through the City radiological risk wherever it may occur, and of Tucson any quantity of radioactive m nner that renders those regulations on a solicitation and substantive materials not specifically esempted herein, inc:nsistent. Among those types of consideration of views from each affected except as provided in subsection C of this requirements cited in the Appendix jurisdiction. including local jurisdictions and section. which the RSPA considered to be other States: and B. Definitions. For the purposes of this vulnerable to challenge as being (d) The rule ensures reasonable continuity section the following definition shall opply: inconsistent with the Federal scheme, of routes between jurisdictions. (1) Radioactive materials means any are prenotification requirements. B. Locoltuutir:s ru/cs. A local routing rule material (solid. liquid or gas) which emits th*'

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'*di*ti n spontaneously. For the purpose of I Consequently, commenters should take matnials is inconsistent with this Part if it this definition. " radiation" means ionizing ints account the Erovisions of Appendix prohibits or otherwise effects transportation radiation. L.e ga'nma rays and x. rays, alpha A when esamining the Tucson on routes or at locations either-- and beta particles. high speed electrone. Ordinance, and to the extent

1. Authorized by Part in,or neutrons. protons and other nuclear partitles.

pt:cticable, structure their comments in

2. Authorired by a State routing agency in,

(2) Large quantity radioactive materiale cccordance therewith, a manner consistent with Part 177. means any quantity of matenals whose

s a o Federal Register / Vol. 48, No. 239 / Mond:y, December 12.1983 / N: tic s 553C5 l egsresste radioactivity is specified as "large shipper, transporter); the name, address, and lesued to other than carriers by the Agency or quantity"in Code of Federal Regulatione, telephone number of:, its successor. a Title 10. Part 71.4. "Packeging of Radioactive (a)ne person sending the shipment. (2) Radioactive materials being transported i Mate-ials for Transport" of the United States (b)ne carrier, and / by or for state or federally licensed medical. Department of Transportation. (c)ne Person to whom the shipment la educational or research institutions la (3) person means any individual, being sent amounts which do not exceed " Type A D. Materials pmhibited.It shall be quantities" as defined by the United States partnership, or corporation, and includes any unlawful to transport within or through the Department of Transportation in 49 CFR individual, partnership or corporation engaged in the transportation of passengere City of Tucson the following radioactive 373.396. materials: (3) Medical devices designed for individual or property as common, contract, or private (1) Isotopes of plutonium and radium, other application, such as cardiac pacemakers. carrier or freight forwarder, as those terms than plutonium 239. in any quantity and forrn containing plutonium 238. pro:nethium or are used in the Interstate Commerce Act, as exceedmg 20 curies: plutonium 239 exceeding other radioactive materials, amended. 5 curies: (4) Radiation sources used in radiography (4) Industrial purposes means purposes (2) Uranium enriched in the isotope U-235 and other non-destructive testing procedures o 5 anci!!ary and specific to an industrial concern exceeding 25 atomic per cent of the total when used by persons or firma duly licensed I or process, the primary activny or result of uranium catent in quantities whm the W by the State of Arizona. ) which is not the production or use cf 235 content excuh me Wogma F.Non-opplicability.' Itis section shall not 3 radioactive material and specifically (3) Any he actydes the acEvity og apply to materials passing thrcugh Tucson on excludes generation of power through nuclear which exceeds 20 cunes, highways of the state or federal system on in any orm.or the reprocessing of (4) Spent reactor fuel elements or mixed where the city does not have jurisdication. or' g fiss. f. Act.ce fine chief tequired. Any person fu'e'l by a 1o er es abt h sc :on h 6-p ements e c i ity of h ch e ceed [- transporting radioactive materials within or 20 curies when from a reactor having a power transported by or for the United States through the City of Tucson shall notify the level rating in excess of one (1) megawatt chief of the Tucson Fire Department at least thermal: or forty-eight (48) hours prior to commencement (5) Any "large quantity" of radioactive c on ev us itY officers and of such transportation and shall provide him material as defined by the United States CI' with the following information and such other Department of Transportation in 49 CFR perform all acts necessary or desirable to 3 information as may be required: 173.389(B). other than cobalt 60 when being II ct to th a or nance. ( (1) Identification of each radionuclide being transported by or for medical or educational 8I'g' *g'n transported by element name, mass number. institutions duly licensed by the State of preservation of the peace, health and safety activity and quantity. Arizona or the Federal Government. of the City of Tucson that this ordinance (2) Identification of the transportation E. Exemptions. Materials exempted from e die effectim e em route, date and approximate time of such regulation under this ordinance shallinclude: is hereby declared to exist, and this (1) Radioactive materials which are ordinance shall be effective immediately transportation: . exempted from regulation by the Arizona (3) Name, address, and telephone number of the person, association, partnership or RadiaUon Regulatory Agency oritslegally upon its pa,ssge and adoption. s,crporation submitting the notice and the established successor, or whose use is or imDw.carst W Ma ass sal relationship to the shipment (e.g. consignee, would be permitted under a generallicense sumo coos.sto-eo-u 1 o 'ks x O IP b I .a r l

. -_ m .u; xy . - ~ _ U k. .y, ~ Federal Register / Vol. 49. No.112 / Friday, June 8.1984 / Proposed Rules 23867 pellet material shall be reconstituted in (b) At least one monolayer of each cata: Comment period expires distilled water and inoculated into a call type used in the test shall be September 10.1964 fl:sk containing 75 cm of a 30 to 50 maintained as an uninoculated control. 8 Aponasses: Written comments should percent confluent monolayer culture of (c) Each snonolayer shall be be submitted to the Secutary of the primary porcine cells or a porcine cell maintamed for at least 14 days. line of proven equal PPV susceptibility. (d) Cells shall be subcultured at least Commission. U.S. Nuclear Regulatory ~ Commission. Washington. DC 20555. An additional flask of cells shall be held once during the maintenance period. All Attention: Docketing and Service as a negative control. but thi last subcultum shall result in at Branch. Copies of comments on the (2)The test and control monolayers least one new monolayer at least 75 cm'. shall be maintained for at least 14 days The last subculture shall meet the proposed rule may be erammed and cop ed for a fee at the NRC Public and subcultured at least once during the minimum afea mquimment specined in Document Room.1717 H Street NW. ~ maintenance period. Il 113.46 and 113.47. (3) At the end of the 14-day (e) Monolayers shall be examined Washington.DC. m:intenance period, and 4 to 7 days mguldy ero se M-day Pon Puerrwsn mponssAvion coerrAct-after the last subculturing. monolayers maintenance period for evidence of Carl B. Sawyer. Office of Nuclear sh:ll be tested for the presence of cytopathogenic agents. If evidence of a MaterialSafety and Safeguards U.S. porcine parvovirus by the fluorescent cytopathogenic agent is found. the MSV Nuclear Regulatory Commision, antibody technique as prescribed in is unsatisfactory. Washington. DC 20555. Telephone: 301- ~ l 113.47(c). (f) At the conclusion of the 14-day 427-4188. maintenance period, monolayers shall suppi.gugetrARY mpoRMATIote (e) A sample of serum from each be tested for: donor horse used to produce a lot of (1) Cytopathogenic and/or

Background

equine serum used in the preparation of hemadsorbing agents as prescribed in The NRC carries out s' continuing biological products recommended for i 113.46: use in horses shall be tested at a (2) Extraneous agents by the series of studies to aid in determining the measures that are needed to protect laboratory approved by Veterinary fluorescent antibody technique as radioactive material. including Services using the Coggins test for prescribed in i 113A7. equine infectious anemia antibodies. If Irradiated (spent) fuel, against sabotage. (37 Stat. s32-433: 21 U.S.C. tst-158) During the mid-1970s. studies (NUREG-8 to e ous ammia f 'g g g, Done et Washington. D.C this 5th day of 0194. " Calculations of Radiological June 1964. Consequences from Sabotage of-unsatgsfactory. D.T h a '- Shipping Casks for Spent Fuel and High-1 113.55 Detecnon of extraneous egents Actin #DeputyAdministrator. Veterinory Level Waste." February 1977: and i in master seed virus. Semces. ~ NUREG-0170. " Final Enytronmental Each Master Seed Virus (MSV) shall A"

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Statement on the Transportation of-be tested as prescribed in this section. A en m ocaoss - Radioactive Material by Air and Other MSV found unsatisfactory by any Modes." December 1977), estimated the prescribed test shall not be used. A health effects of a radiological release in serial of biological product shall not be NUCLEAR REGULATORY a non-urban area resulting from a high. ~ COMMISSION explosive assault of a spent fuel cask. released if produced from a MSV that is found unsatisfactory by any prescribed 10 CFR Part 73 test. to be substantive enough to warrant (a) At least a 1.0 ml aliquot per cell Modification of Protection [y a o t res ed a culture of MSV shall be dispensed onto Requirements for Spent Fuel chapter on the sabotage of spent fuelin monolayers (at least 75 cm8 in area) of: Shipments (1) Vero (African green monkey) cell urban areas of high population density line* aospecv: Nuclear Regulatory (SAND 77-1927. " Transport of Commission. Radionuclides in Urban Environs: A (2) Embryonic cells, neonatal cells, or a cellline of the species for which the AcTioec Pmposed rule' Working Draft Assessment").This study suggested that the sabotage of spent fuel vaccine is recommended: and suMuany:The Nuclear Regulatory shipments had the potential for (3) Embryonic cells, neonatal cells. or a celllin of the species of cells in ~ Commission is considering amending its producing serious radiological regulations for the physical protection of consequences in areas of high which the MSV is presently being irradiated reactor fuel in transit. The population density.The Commission propagated if different than prescribed issue under consideration is one of concluded that,in order to protect in paragraphs (a)(1) and (a)(2) of this safeguards rather than safety.The health and maim

  • danger to life and secIlon. Celllines used shall have been amendments would take into account property (sections 181b and 1811(3) of found satisfactory when tested as new data from a research program and the Atomic Energy Act of1954. as prsseribed in i 113.52 and primary cells from other sources that indicate that the amended). It was prudent and desirable used shall have been found satisfa'ctory consequences of successful sabotage of to require certain interim safeguarcs when tested as prescribed in i 113.51. If an irradiated fuel shipment in a heavily measures for spent fuel shipments.The tha MSV is cytopathic for or causes p'opulated aren would be small focus of e;ancern was on possible hemadsorption in the cells in which it is compared to the consequence estimates successful acts of sabotage in densely to be tested, the MSV shall bi tha't prompted issuance of the current populated urban areas.Because of the neutralized with specific antibody. free rule. For certain spent fuel shipments, possibility that spent fuel shipments blocking sera supplied or approved by these amendments would provide could be hijackeditnd moved from low Veterinary Services (VS) or continued protection against sabotage, population areas to high population counteracted by a method approved by while at the same time relievmg the areas, the interim. requirements applied VS.

licensee of non-essential requirements. to all shipments, even though the 1 R4

e p l 0 .n.--- .b / f 238E8 - Federal Ensister / Vol e. No.12rd Friday. June 8.1984 / Proposed Rules ~ ~ planned shipment route did not pass theU.S. Army h was assumed. It is values can be obtained, depending on through a densely populated urban area. thelsegest shared charge readily the circumstances that are assigned. The 'Ibe interim requirerhents were to be in semilable. Anh0A1 causes damage following is an example from among the effect until the results of confirmatory through formati2 of a high pressure d higher values that can be obtained from research became available and were analyzed. pamcalate let which may be a fraction the data. For the most densely populated ef sainchin diamter and has the The interim rule.which set forth ap=l**y to penetrate two or more feet area studied (up to 200.000 persons per physical protection requirements in 10 af metal eroding everything in its path. business day, and in the most square mile), at evening rush hour on a CFR 73.37, was issued on june 15.1979. Presathe outset it was expected that a and was made effective on July 3,1979. The rule was issued without benefit of shaped charge would be more efficient unfavorable location for a release, the 4 public comment, but at the time of than other configurations in producin8 calculated radiological consequer.:e. publication public comment was invited. resproble particles. For that reason the (peak consequence) based on data from _. Afte reviewmg the public co==ents and M3Alwas demgnatedas the reference Table 5-4 of NUREG/CR-0743 is no ~ early fatalities and less than three (2.9) after taking into account its experience emplemen.The refergs)e cask was 4 latent cancer fatalit'ies. in wiministering the rule. the NRC on specdied as a single-assembly cask. The sponficatonla conservauve smce a The results of an explosive sabotage June 11980. published amendments to mugis essembly cask has smaller experiment vary from expenment to the rule.The amendments were made effective on July 31980, and the E-===ane than a multiassembly cask experiment, and only a limited number i amended rule is currently in,effect as 10 sadis, therefore, more likely to yield a e} ts be perfo ed.Th CFR 73E(s) through (e). yestar quantity of respirable particles NRC sp, pmgra n (per====hly)in response to a given are based on four scaled experiements Relatenesearch - o e n sing model measured release value was used to using irradiated fuel, and the largest SAND 77-1927. which prompted issuance of the protection requirements. (smalkecale) explosives against derive the cine-gram value cited. In contained estimates which were mi==Intad casks containing irradiated addition. a number of supporting tests unavoidably subject to large fast cineracterized the NRC-sponsored were performed to establish shaped { uncertainties due to a lack of technical programs.These experiments used charge jet characteristics and jet-to-fuel-data. Alater draft of the Sandia report pressenzed water reactor (PWR) fuel pin interaction. ("lransportation of Radionuclides in ' with a burnup of approximately 30.000 Results of the NRC-sponsored Urban Environs: Draft Enviromnental megawatt days per metric ton of heavy research program (as well as those of Assessment") was published by the metal and approximately six-and-a-half-the DOE' program to be discussed NRC as NUREG/CR-0743. Although this parenalmg Measurement of the. subsequently) assume sabotage of a draft predicted less serious quantity of released material revealed single-assembly cask. while the ongm, al consequences. a significant degree of the fraction that was made up of SAND 77-1927 and NUREC/CR-.0743 uncertainty still remained that could be particles of respirable size (those having estimates assume a three-assembly resolved only by further study and a diameter of less than four microns). cask. For the levels of release under Upward =enlmg permitted the data to consideration here. the releases and the j expenments. Investigators at that time agreed and takeinto account the effect of the health consequences for a three-continue to agree (1) that consequences reference explosive and a full-scale assembly cask are calculated to be. at of an act of sabotage would be a direct cask.9caling led to the conclusion that worst. double those for a single-function of the quantity of spent fuel less than mne grams of spent fuel would assembly cask. The presence of - that would be released in respitsble be released in respirable form if the. additional assemblies in a cask would form, and (2) that the only credible reference charge were used successfully increase the likely release, but only in means of malevolent generation of agenst a cask contamms a single pWR proportion to the number of assemblies respirable particles would be thmugh spent feel assembly. Using results of the the use of a large quantity (tens to WETRAN computer code for health that lie in the roughly straight line path of the jet. For more than three pWR hundreds of pounds) of high explosive osasemences (one of two health skillfully applied. I.ittle information was consegnance codes used in SAND T7-assemblies (a fully loaded rail cask available to aid in predicting the . isz7 and NUREC/CR-0743) as set forth could contain 10 pWR assemblies) the response of spent fuel and s in Table 5-6 of NUREG/CR-0743 and upper bound of release would likely casks to explosive sabougepent fuel-mmg 150-day rather than six-and-a* increase roughly in proportion to the The NRC and the Department of half-year cooling. reserachers found that square root of the total number of Energy (DOE) responded to this need for the average radiological consequence of . assemblies contained in a cask. On the technic =1 data by sponsoring separate a release in a hea'vtly populated area ias s of energy release from the but coordinated experimental programs. such as New York City would be no explosive. it is expected that the number Both programs were designed to yield early fatalities and less than one (0.4) of fatalities from a sabotage explosion information about the release from a - latent ennen fatality. Early fatalities are would be greater than the number of-specified reference sabotage event. those that occur within one year after radiologically induced fatalities, which was defined as follows. Saboteur exposure to the radioactive material. Explosive charges other ha shaped skil!rwere specified as those of an Latent cancer fatalities are those that charges we e considered. o er expenanced military or commercial occur at any time following the exposure expenments, scaled charges explosive demolition specialist-and could result from the intitial Mp"8]t}18 P dr ds of xplos e id Faminanty with a wide range of kinds exposum or from any long-term and configurations of explosives was exposure to low levels of contamination. not breach the cask.s inner contam. ment assumed. Use of up to hundreds of The average consequence values just components. Accordingly, such fu - pounds of military or commecial eted were selected as being the most scale charges appear unlikely to produce representative of the values that were any release of spent fuel and hence explosives was permitted. For the calculated for the specified release, unlikely to cause radiological special case of shaped charges, use of Either higher orlower consequence consequences. 1 i i - l.

h .O Tederal Register / Vol.~ 49. No.112 / Friday, June 8.1984 / Proposed Rules 23869 ' The program sponsored by DOE (KW/Kg), which is termed reference fatalities.The research recently included one full. scale and several fuel. The possible transport of spent fuel completed has shown that the likely .small. scale experiments. The full. scale subjected to higher burnup was respitable release from sabotage and the experiments used a reference charge considered;although these shipments resulting consequences are but a tin cg: inst a full. scale cask containing a are not now being made. For fuel percentage of the estimated values' y single unirradiated surrogate fuel subjected to 40.000 mwd /MT (which is which originally prompted issuance of assembly. Again the quantity of material typical of the higher burnups being the rule. Accordingly, the original basis released from the cask was measured. considered) at a power density of 36.4 for the rule is no longer valid. and the released quantity was analyzed KW/Kg the calculated consequences of 2.The value of consequence now ta determine what fraction was successful sabotage are about 45 percent predicted (no early fatalities and about ~ composed of respirable-sized particles. higher than the consequences of four latent cancer fatalities average for About three grams of respirable successful sabotage of reference fuel. reference basis sabotage of a three-surrogate fuel was released. On the Additionalinformation on the NRC-assembly cask) is obtained only when a basis of the results of small-scale fuel sponsored program can be found in a set of assumptions very favorable to the characterization experimer.ts which had report entitled "FinalReport On saboteur are made. He effects of' been conducted separately,it was Shipping Cask Sabotage Source Term assumptions less favorable to a d;termined that a release of three grams Investigation." Additionalinformation saboteur are discus' sed below: cf surrogate fuel.was equivalent to a on the DOE. sponsored program can be. a.Fuelburnup andcooling. unximum release of 17 grams of found in a report entitled "An. Consequence calculationp are b'ased on ~ trradiated fuel. Using the CRAC Assessment of the Safety of Spent Fuel reference fuel cooled for 150 days. camputer code for health consequenc'es Transportation in Urban Environs." A Because oflower bumup and longer (th2 second of the computer codes used in SAND 77-1927 and NUREG/CR-0743 peer review of both research programs cooling, assemblies currently being and a code which generally predicts was carried out by the U.S. Army's shipped typically contain a radioactive higher health consequences than the Ballistic Research Laboratory.The materialinventory 0.2 to 0.5 as review focused on the interaction hazardous as the assumedinventory for MET. RAN code) and again assuming between explosives, cask and fuel and reference fuel. 150-day cooling. rese, archers sound that on the experimental techniques used. . b. Population density. De release of the average radiological consequence of a 17 gram release in a heavily populated The conclusions in the peer review radioactive material wu postulated to area such as New York City would be report generally confirm the take place within an area with nD carly fatalities and about 2 latent reasonableness of the apptoaches taken population density in the range between. cancer fatalities.' The peak in de'research and based on the 62.000 and 200.000 persons per square c nsequences appearingin the computer assumptions of the research approach, mile. Very few (perhaps only one) runs were no early fatalities and about 7 confirmed the estimated release levels. locations in the U.S. are characterized 1: tent cancer fatalities. Values of The two research reports. the peer by this population density. av; rage or peak consequences should be review report, and SAND 77-1927 are Consequences decline markedly for ~ d:ubled to account for the case of a available forinspection at the NRC lower population density. three. assembly truck cask. Public Document Room.1717 H Street c.l.ifetime ofrespirableparticles. A Conceivably, an adversary could use NW Washington.DC.NUREG/CR-0743 respirable particle tends to adhere to the more than one shaped charge in is available from the NRC/GPO Sales first sizeable particle it encounters or to Program. U.S. Nuclear Regulatory serve as a condensation site for vapors w s c n idere For sha d the Commission. Washington.DC 20555. (such as water), thus possibly limiting siz2 of the reference charge, the likely Conclusions its Efetime to one eatis shuter dan result is that the release would be in that necessary for human inhalation and proportion to the number of charges For the following reasons, the deep deposition in the lung. In an actual us:d. The use oflarger shaped charges Commission concludes that moderation sabotage, products of the explosion is c:nceivable but less credible. These f the current interim rule (10 CFR 73.37) would undoubtedly provide numerous typ;s of charges would probably have to fm the protection of spent fuel larger.than-respirable particles that be custom.made, thereby introducing a shipments against sabotage in Justified: would act as agglomerauon sites for t formidable new prablem for an

1. Issuance of the interim rule was respirable particles. In both sets of adversary. There is no known based chiefly on consequence estimates expenments, the products of the technology that would allow a set forth in SAND 77-1927. A baseline explosion were isolated fmm the cask to disproportiona tely large increase in estunate, a high estimate, and a low keep the measurement problems production of respirable particles with estimate were provided. At the time the manageable. Water particles (fog-like credible increase in a saboteur's rule issuance was under considerston, droplets)would alsq serve as explosive resources.

the high consequence estimate was agglomerab,on sites. Finally, water Most consequence calculations based on 14.000 grams of respitable vapor orinaterials vaponzad by the discussed herein are based on fuel release for a truck cask containing three explosiv arlier do not account for a subjected to burnup of 33.000 megawatt fuel assemblies and on 47,500 grams of water et or annulus of wet material days pe~netric ton of heavy metal respirable release for a rail cask. At the present all truck casks nowin use. An (mwd /MT) at a power density of 40 time, the high-estimate releases could expempent has shown that the presence kilswatts per kilogram of heavy metal not be ruled out. The calculated average of w9ter (water lacket and water-filled consequences for truck cask sabotage cavity between the explosive and the fpel re) duces the quantity of respirable 'b cwnnt CRAC code that is cited bere were summarized as several tens of (sometunes nierred to as CRAC 2ps a modified ' early fatalities and hundreds oflatent aterialreleased by a factor of 40. versme of the code that was used in SAND n-1s 7 cancer fatalities.The calculated average Simultaneous occurrena of worst-or and NUREC/CR-W4s. N modtfied version consequences for a rail cask were near-worst-case values for each of these

    • 7rou" summanzed as hundreds of early
  • factors, plus an ass,umption of successful

,e e s based on this modafwd verman. fatalities and thousands oflatent cancer sabotage appears remote in the extreme. Au4.14 C4udCwt. d.h MY'UU ?D-y s pa L.M.a.aR q k

^ 23E73 Federal Register / Vo. 40, No. III / Friday. June 8.1984 / Proposed Rules N"dat=d causequencee reported herein are mdeced by factors of up to 3.Farshipments of spent fuel cooled

  • significant economic impact upon a hemdreds if veinse other than the most 150 days ormore, a new set of moderate substantial number of small entities. The feverable are esmaned.

requirements would apply that are rule,if promulgated. would apply to

3. Although the expertments have ena=*==t with the experunentally licensees who transport or deliver to a redmond the ancertamty in the quantity detennmed level of consequence.%e carrier for transport a shipment of spent,

of maseriallikely to be released as a requirements call for a shipment to be fuel irt a quantity in excess of 100 grarns. i reseit of successful sabotage. there are 4 by an unarmed escort-Typical of the licensees who deliver = i. limitations to the conclusions of the (who may also>erve as dnver. rail spent fuel to carrier for transport are pngram thatanat be takeninto amployee. or ship's officer) who would nuclear power reactor operators. aconest.'Ibe reduced consequences carryoutprescmbed security independent spent fuel storage pool da-had herein are necessarily subject procedures.In addition,present operators, and research institutions. to several assumptions. Ind" regarements forprotec: ion of shipment a retummes esplosive. While'% thst of schedule information, onboard None of the licensees who deliver spent the shaped fuel to a carrier for transport are known charge selected for the explosive threat tions (all transport modes), to be small entities. Licensees who .....4 represamts a very severe threat, even and inunobilization (truck mode only), transport spent fuel are typically large would be retained. carriers who specialize in the transport more severe thrnets cannot be ruled out Among other requirements considered of radioactive materials and other I ' if as adversaryis guanted protracted no longer needed (for shipments of fuel hazardous materials and who have [ metrol of a slupment and unhindered ~ cooled 150 days or more) are those f6r many employees. No small entities are movement.In a sundar vein., route serveys and advance coordination more severe than those postulated in withlacallaw enforcement agencies known to be within this licensee group. consegosace modshng assumptions The NRC has estimated the cost NUREC/CR-G743 can also be (LLEAs).New DOT requirements for routing (49 Cm177.825) issued in the impact of these amendments upon the i %.M (e.g. farnhd areas, such interest of safety and recently put in licensedindustry. According to these as st=di-with extremely high fon:e apply to NRClicensees and estimates licensees would incur the population densities),if completely reqmm them to use routes consistent following costs, assuming continuation unrestricted movement of the shipment and unrestramed use of sabotage with NRC safeguards routing policy, of the current approximately 135 With respect to LLEA coordination, a shipments annually. One-time costs for resources against the shipment are separate NRC rule [the present the proposed amendments have already allowed.For these reasons a set of moderete regarements that would I 73.:r;(f)] requires the notification of been expended due to the same continue to provide a sigmficant level of governors (or designated state officials) requirements under the present interim rule. Annual maintenance cost of protection against protracted loss of whenever spent fuelis to be transported within a state to enable the state to equipment required by the proposed controlof a shipment and unhindered amendments is estimated at $14.000. movement of a shipment by a saboteur contnbute to the safety, security, and is being considered. ne requirements ease of transport of the shipment. State Annual planning and administration I should (a) deny an adversary easy ILEAs typically are informed of cost is estimated at $7,000. Total cost to licensees is therefore estimated at access to shipment location informatforu impending shipments through this $21.000 annually, process. One savings to industry under the gains or)ossof EnvironmentalImpacn Negative proposed amendments would be the ta controlof a shipment Declaration means to quickly summ(c) provide a elimination of about $27.000 expen on assistance The promulgation of these e?" from local law enforcement authonties:amendments would not result in any j d ei and (d) provide a means to impede activity that affects the environment. Simplification of administration is unauthorized movement of a tnick shipmentinto a heevily populated area. Accordingly, the Commission has estimated to result in an additional determined under the National saving of $13.000 annually. Further Sanneery of the Proposed Ra Environmental Quality guidelines and information regarding these estimates is the cnteria of 10 CFR 51.5(d) that neither set forth in a document entitled dificati f Pr e$ Nt Requirement for Sp nt uel Shipments: ts te nt nw 'L a e ormation 1 conclusions which have emerged from et p support a negative declaration for the Regulatwy Analy is and is a at a e Th p ant I d f pmpo amendments to Title 10 is

fub Doc ent Room. 717 H Street 1

5" 1.The performance requirements for NW Washington. D.C. protection of spent fuel shipments have Paperwork Reduction Act Statement been modified to emphasize protection Any small entity subject to this his proposed rule amends regulation which determines that, against sabotage with high consequence. High = xpa-refers to the levels of information collection requirements that because of its size, it is likely to bear a consequence that prompted issuance of are subject to the Paperwork Reduction disproportionate adverse econom:c the orismalinteran rule. For a truck Act of 1960 (44 U.S.C. 3501 et seq.) by impact should notify the Commission of shrpment. high consequence refers to reducing the burden. This rule has been this m a comment that indicates. tens of serly fatalities and hundreds of submitted to the Office of Management (a) The licensee s size in terms of. latent ranen fatalities. and Budget for review of the proposed - annualincome or revenue and number j 2.For shipment of spent fuel cooled revised paperwork requirements. . of employees: less than 150 days, the current Regulatory Flexibility Certification (b) How the proposed regulation i would result in a significant economic requinments would continue to apply. Based on the information available at burden upon the licensee as compared because detailed consequence this stage of the rulemaking proceeding to that on a largerlicensee: and calculations forsuch fuel have not been and in accordance with the Regulatory (c) How the proposed regulations carned out. Flexibility Act of 1980,5 U.S.C. 605(b), a could be modified to take into account .l

.m Federal Register / Vol. 49. No.112 / Fdday, June 8.1984 / Proposed Rules 23871 the licensee's differing needs of (1) * *

  • supporung chain reaction at any time capabilities.

(1) Maimi= the possibilities for high durmg the 150. day penod before the Public f%===nt Solicited c nsequence radiological sabotage of date on which the fuelis loaded aboard spent fuel shipments; and the transport vehicle for transport shilh Although it welcomes public comment on any aspect of the proposed (1) Provide for notification of the (2)... Nuclear Regulatory Commission in regulation the Commission particulary solicits comment on the following topics: (iii)1mpede attempts at high advance of each shipment. In 1.ls more research justified for consequence radiological sabotage of acewdance wie i 73.72(this part - safegurads of shipments of spent fuel spent fuel shipments or attempts to (2)laclude procedures for coping with cooled less than 150 days before illicitly move spent fuel shipments circumstances that threatan deliberate shipment? containing materials with high damage to a spent fuel shipment and

2. Should the NRC simplify its consequence potential, until response with other safeguards - _Wes:

2 forces arrive. (3) Provide that shipments are safeguards ations by prohibiting planned so that scheduled intermediate ys befo shipment (b) Genem/mquimmentsfor stops am avoMo htent

3. Are the NRC cost estimates in protection ofshipment ofspentfuel practicable; cecord with licensee experience?

cooledforless than 12 days. The HNde fw at kasm acwt. wb licensee.in order to achieve the may be a shipment vehicle operator or List of Subjects in 10 CFR Part 73 performance objectives of paragraph (a) an officer of the shipment vessel, and Hazardous materials-Transportation, of this section, shall provide for a who maintains visual surveillance of the Inc:rporation by reference. Nuclear physical protection system that has shipment during periods when the materials. Packaging and containers, been established. maintained, or shipment vehicle is stopped or the Penalty. Reporting requirement. arranged for fuel that has been used as shipment vesselis docked: For the' reasons set out in the part of an assembly to sustain n 2 clear (5) Assure that the escort has been preamble and under the authority of the fission in a self-supporting chain familiarized with, and is capable of Atomic Energy Act of1954, as amended. reaction at any time during the 150-day implementing the security procedures: s1 de ab a nsportv hicle or t. n et no a n nna s amen S. 553. notic s hereby given that adoption of the transport This physical protection presence of unauthwized persons, fall: wing amendments to 10 CFR Part 73 system must include the following: {[ in the cimty a (c) Shipments by road ofspent reactor a deliberately induced situation that has PART 73-PHYSICAL. PROTECTION OF fuelcooledless than 12 days. In 6 potentiaHe damaging a spent hiel ? Pt. ANTS AND MATERIALS addition to the provisions of paragraph ) gf,"te w th or not a threat

1. The authority citation for Part 73 is (M sie section. the physical ests-revised to read as follows:

[p fue s p nt su et p aph ) Assas de extent d 6e emat. if Authority: Seca. 53.16L es Stat. 930. 948 as cmended, sec 147,94 Stat. 780 (42 U.S.C 2073, (b) of this section that is by road must ""U 2167. 22c1): sec. 210,88 Stat.1242. as provide thet (iii) Inform locallaw enforcement agencies of the threat and request amended. sec. 204. as Stat.1245 (42 UAC assistance; and Sa4L 5a44), (d) Shipments byrad fspentreactor o Sections n.37 [g) and (h) an also inued fuelcooledless than 12 days. In (iv) Implement the procedures developed in accordance with under sec. 301. Pub. L 96-295. 94 stat. 789 (42 addition to the provisions of paragraph paragraph (f)(2) of this section: UAC fast note). (b) of this section, the physical - (7) Provide, for shipments by road, a For the purposes of sec. 223,68 Stat. 956, as protection system for any portion of a capability for an escort to communicate fb) n an as de 1 es a 948, t s se ti n t sbY ms as amended (42 UAC 2201(b)): 1i 73.20. 73.24. 73.25, 73.26, 73.27 73.37, 73.4o. 73.45, provide that: through the use of the followmg equipment located on the transport 73.50. n.55. n.87 an issued under sec.1e11. vehicle: 88 Stat. 949. as amended (42 UAC 2201(1)): [e] Shipments by sea ofspentreactor (i) citizens band (CB) radio: and and Il n.20 (c)(1). n.24 (b)(1), n.26 (b)(3), fuelcooledless than 150 days. In (il} radiotelephone or other NRC. l (h)(6), and (k)(4), n.27 (a) and (b). n.37 [g) addition to the provisions of paragraph approved equivalent means of two-way l and (b). n.40 (b) and (d). 73 46 (g)(6) and (b) of this section, the physical voice communication: M jg Q)d(hM.55 protection system for any portion of a (8) Provide, for shipments by road, t issued under sec.161o. 66 Stat. 950, as spent fuel shipment subject to paragraph NRC-approved features that permit amended (42 UAC 2201(o)). (b) of this section that is by sea must immobilization of the cab or car l

2. Section 73.37 is amended as follows, carrying pation d 6e vehicle; go-e a
a. Paragraphs (s)(1)(i),(a)(2)(iii) and (9) Provide. for slupments by rail. a (b)-{e) are revised.

(f) Requirementsforprotection of capability for an escort to communicate

b. Existing paragraphs (f) and (g) are 8hipment8 0/ spent fuel cooled 150 days with locallaw enforcement agencies redIsignated as paragraphs (g) and (b) ormore. To achieve the performance through the use of a radiotelephone or respectively and are revised..

objectives of paragraph 73.37(a) of this other NRC-approved equivalent means

c. A new paragraph (f)is added.

section. a physical protection system of two-way voice communication. which established. maintained. or arranged for must be available on the train: and 5 73.37 MW ..-.c for phyeneal by the licenses for fuel which has not (10) Provide, for shipments by water Prot *ction of irrorseted fues in trenet. been used as part of an assembly to in U.S. territory, a capability for an (a) Performance objectives. sustain nuclear Sssion in a self-escort to communit. ate with locallaw

p 23872 Federal Register / Vol 49. No.112 / Friday June 8.1984 / Proposed Rules enforcement agencies through the use of accordance with the provisions of damage have occurred at fireworks radiotelephone or other NRC-approved i 73.21 antil10 days after the last manufacturing / assembly facilities. eq svalent means of two-way voice shipment in the series has entered or Therefore. the Bureau is soliciting communication. origmated within the state and an suggestions from members of the (g) Pnor to the transport of spent fuel estimate of the date on which the last explosives industry and other interested withm or through a state a licensee shipment in the series will enter or persons as to whether more effective ~ sobrect to this seenan shall notify the originate within the state. safety standards are needed in the sovemor or the govemor's designee. The (4) A licensee shall notify by regulations in order to reduce the hazard l==e shall maply with the following telephone or other means a responsible to the general public. Suggestions should amns innsard to a notification. Individualin the oEca of the govemor ~ be forwarded to the address set forth III D* """"~"aa must be in writing orin the office of the govemor's below. and sentto the oEce of each designee of any schedule change that ATF will not recognize any material

  • PP'oPnsk smar or the governor's difers by more than 6 hours frcm the as confidential. Any materials submitted decanee. A notification delivered by scheduleinformation previously may be disclosed to the public. Any mail most be postmarked at least 7 days farmshed in accordance with paragraph material which the transmitter considers before transport of a shipment within or (g)(3) of this section, and shallinform to be confidential or inappropriate for through the state. A notification that individual of the number of hours of disclosure should not be included in the dahvored by messengermust reach the oEm dde smar a the genor's advance or delay relativa to the written suggestion.The name'of the person schedule information previously submitting the suggestion is not exempt designee at least 4 days before transport farmshed.

from disclosure. d a sh wdin w gh the (h) State officials, state employees, cava:There is no official comment ,, g, gmaling 8 dmsses of and other individuals, whether or not deadline" governors anli govemor,a designees was licensees of the Commission, who published in the Federal Register on receive schedule information of the kind FOR FURNER INFoRMAMoM CoNTACE june 7.1982(Vol.47. No.109. pages specified in h (g)(3) of this Arthur Cunn. Firearms and Explosives 24671-24673). An updated list will be section shalfptect that information Operadons Branch. 202MN published annua!!y in the Federal Register on or about June 30. against unauthorized disclosure as . Anomess: Chief. Firearms and (2) ne naHRe*h must include the specf ed in i 73.21. Explosives Operations Branch. Bureau of Alcohol. Tobacco and Firearms. P.O. foDowmg inbm= tion. Dated at Washington. DC. this 5th day of (1)Dename address,and telephone June,1984. Box 189. Washington DC 20044. numberof thesinpper,carrierand For the Nuclear Regulatory Commission. Copies of this notice, and all 3,,i,,3 g,,,,gp g suggestions received pursuant thereto. Ad ouro shi ent as Sec vtaryofthe coaum'ssion. a e p c al e a OHice

  • ^****"I T

2'and of Public Affairs and Disclosure. Room same coes ns w gg 4407. Federal Building.12th and (iii) A listing of the routes to be used pennsylvania Avenue NW., Washington. withm the state: and DEPARTMENT OF THE TREASURY U (iv) A statement that the information Signed: June 1.1984. descibed below in i 73.37(g)(3)is Bureau of Alcohol, Tobacco and Stephen E. Higgina, aqutred by NRCregulations to be Rrearms

pirector, protected in accordance with the requimments of i 73.21.

27 CFR Part55 po ,w w .j ,,g,,,,,,,,,,,,,, (3) A Hemanaa shall provide the followinginformation on a separate % m3 to the written notification Information Gathering on Safe DEPARTMENT OF THE INTERIOR oog with a statement that the Handling of Explosives Matertala in the information is required by NRC Fireworks Industry Office of Surface Mining Reclamation ~ ! regulations to be protected in j accordance with the requirements of AGENct Bureau of Alcohol. Tobacco and Enforcement i 73.21. and Firearms. Treasury. (i)The estimated date and time of Acnosc Request for comments. i departure from the point of origin of the Public Comment Procedures and l shipment: summaav:The Bureau of Alcohol' (iilne estimated date and time of tobacco and Firearms f ATF)is Opportunity for Public Hearing on responsible under 18 U.S.C. Chapter 40 Proposed Modifications to the Iowa entry into the governor's state: (iii) For the case of a single shipment for protecting mterstate and foreign Permanent Regulatory Program whose schedule is not related to the commerce against interference and AcaNcy: Office of Surface Mining schedule of any subsequent shipment, a interruption by reducmg the hazard to Reclamation and Enforcement (OSM). statement that schedule information persons and property ansing from Interior. must be protected in accordance with misuse and unsafe or insecure storage of acnow: Proposed rule. i the provisions of I 73.21 until at least to explosives materials. Accordingly, days after the shipment has entered or regulations have been promulgated in 27

SUMMARY

OSM is announcing onginated within the state: and CFR Part 55. Subpart K. which prescnbe procedures for a public comment period (iv) For the case of a shipment in a standards for the storage of explosives and for requesting a public beanng on senes of shipments whose schedules are matenals.

the substantive adequacy of program related. a statement that schedule Nevertheless, accidental explosions amendments submitted by Iowa as information must be protected in causing death. injunes and property amendements to the State's permanent .. -. -.}}

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