ML20126F772
| ML20126F772 | |
| Person / Time | |
|---|---|
| Issue date: | 05/22/1992 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| FRN-57FR49656, RULE-PR-73, RULE-PR-74 AE27-1-008, AE27-1-8, NUDOCS 9212310132 | |
| Download: ML20126F772 (13) | |
Text
h.bf'
\\
e
..7.-
... : L gp+'
- fp m'o UNITED STATES l
- g
/'
NUCLEAR REGULATORY COMMISSION I'
?
n
{
I W ASHINGT ON, D, C. 20bf4 I
4
\\,e,,s MAY r 21932 e,
r.
5sf e., ~~ b~ ~t~~ ~ ~'
MF20RA11DDM TOR:
Robert M. Bernoro, Director of fice of 11uclear Materini Sr fety-and Safeguards I
i PROM:
Patricia G. llorry, Director Office of Administration
SUBJECT:
OFFICE C011CURREliCE 011 PROPOSED RULE EllTITLED "UllA11110UliCED SAFEGUARDS INSPECTIO!!S" The Office of Administration concurs on the draft proposed rule that would amend 10 CTR Parts 73 and 74 to apply a provision regarding the presence of safeguards inspectors at certain fuel cycle facilities.
We have attached a marked copy of the proposed rulo packago that presents our comments.
We havo forwarded a copy of the draft propocod rule to the Information and Records Management Branch, IRM, for their comment or concurrenco concerning the paperwork management aspects of this rulemaking action.
We have requestoc: that they respond directly to you.
In ordgr to assist you in preparing the list of documents contra 11y rolovant to this draft proposed rule that is required by 11RC's regulatory history procedures, you should place the designator "AE27-1" in the upper right-hand corner of each document crncerning the rule that you forward to the lluclear Document s/ stem.
If you ne.>re any questions concerning this matter, please contact Alico Katoski on 492
~9<' or Michael Losar on 492-7758.
4)YW/hk Patricia G. florry,Lyoctor office of Administration Attachmonti As stated 240032 l
9212310132 920522 PDR PR A
i 73 MISC PDR u
?
DRAFT NAY u 1992 HEMORANDUM FOR:
James H. Taylor Executive Director for Operations FROM:
Robert H. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
UNANNDUNCED SAFEGUARDS INSPECTIONS RULEMAKING Attached for your signature is a proposed rule to be published in the Federal Register that amends 10 CFR Part 73, " Physical Protection of Plants and Hater-ials" and 10 CFR Part 74, "Haterial Control and Accounting of Special Nuclear Material" (Attachment 1).
These amendments propose requirements to ensure that the presence of Nuclear Regulatory Commission (NRC) safeguards inspectors at certain fuel cycle facilities is not announced or otherwise communicated to licensees and contractor personnel without the expressed request to do so by the inspector. Affected facilities are limited to fuel cycle facilities using or possessing a formula quantity of strategic special nucicar meterial.
The intent of the proposed rule is to increase the effectiveness of unannounced inspections and to enable a safeguard inspector to get a more accurate view of normal operations at affected facilities.
Similar requirements for power reactor licensees were issued October 25, 1988 (53 FR 42939).
This rulemaking is expected to have no economic impact on affected licensees, the NRC, or the public.
Backfit Analysil:
The staff has determined that a backfit analysis is not required for this proposed rulemaking because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
DRAFT LIC ANNOUN OF INSpEC Of HEMO e
DRAET MAY is M Notices:
A notice to the Commission that the EDO has Igned this rule is enclosed for inclusion in
- n t Weekly Staff Notes (Attachment 2).
The appro'priate Con-gressional C Daes will be notified (Attachment 3).
A copy of the proposed rule will be sent to affected licensees.
(nordination:
The Office of Administration concurs in these amendments.
The Office of the General Counsel has no legal objection.
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards Attachments:
1.
Federal Register Notice of Proposed Rulemaking 2.
Draft Wee (ly Staff Notes item 3.
Draft Congressional letter LIC ANNOUN OF INSPEC 0F MEMO 2
I
. t (c)
Approv$d For Publication The Cumiission delegated to the EDO (10 CFR 1.31($h
) the authorit develop and promulgate rules as defined in the APA L5 U.S.C. 551 (4)y to
) subject i
to the limitations in NRC Manua4-Chapter 010, Organization and Functions.
Office of the Executive Director for Operati ns, paragraphs 0213. 038, 039, and 0310.
g y p,,,jge 9; j 7 The enclosed rule, entitled " Unannounced Safeguards Inspections" proposes to amend Parts 73 and 74 to ensure that the presence of NRC safeguards inspectors at certain fuel cycle facilities is not announced or otherwise cormiunicated to licensees or contractor personnel without the expressed request to do so by the inspector.
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy.
I, therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
t' Date James M. Taylor Executive Director for Operations 5
b y
,,o.
7 v-e-.-..
..e,.,
.c, 31 mm-g
.y.,
,6----
m--
,.ym.,.<-._,...-,,-..,-,=y,,,r m,
~
DRAFT MAY1hg WEEKl.Y REPORT TO THE COMMISSION OfflCE OF NUCLEAR MATERIAL SAFELY AND SAFEGUARDS Proposed Rule Sianed by EDO On
, 1992, the Executive Director for Operations (EDO) approved a proposed rule that would amend 10 CFR Part 73, " Physical Protection of Plants and Haterials" and 10 CFR Part 74, "Haterial Control and Accounting of Special Nuclear Material," by adding provisions to ensure that the presence of HRC safeguards inspectors at certain fuel cycle facility sites is not announced or otherwise communicated to licensees and contractor personnel without the expressed request to do so by the inspector.
Affected sites are limited to fuel cycle facilities using or possessing formula quantities of strategic special nuclear material. The proposed rule will increase the effectiveness of unannounced safeguards inspections and enable a safeguards inspector to get a more accurate view of normal operations at affected facilities.
Similar requirements for pwer reactor licensees were published in October 1988.
This constitutes notica to the commission that, in accordance with the rulemeaking au'.hority delegated to the EDO, the EDO has signed this proposed rule for publication in the Federal Register.
LIC ANN"UN Of INSPEC 0F MEMO 7
f 590 FT DRA
,/, p" s pdp* e C /g mm a
\\ pi'g gg'if NUCLEAR REGULATORY COMMISSION f
,. pf #, g s'
/
10 CFR Parts 73 and 74
/
RIN 3850- A E 3 7
\\
\\ {plj/
Unannounced Safeguards Inspections AGENCY: Nuclear Regulatory Commission.
ACTION:
Proposed rule, p~'
s g-x
@j [
N
,] 45 9WthMJhe Nuclear Regulatory Commission (NRC) amended its regulations)pn
}
s ctober 25, 1988 (53 FR 42939 o require that the presence of NRC inspectors on nuclear power reactor sites ns not widely communicated or broadcast to licensee and contractor personnel without the expressed request to do so by the inspector.
This change allowed NRC inspectors to observe on-going activi-ties as they are being performed without advanced notification o,f the inspec-g tion to licensee and contractor personnel. ThisproposedruleTequires"a similar provision be applied to the presence of safeguards inspectors at ain fuel cycle facilities.
DATES: Comments must be received on or before (90 days after publication).
Comments received after this date will be considered if it is practical to do so, but only those comments received on or before this date can be assured of consideration.
l ADDRESSES: Comments or suggestions regarding the proposed amendments should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commis-l sion, Washington, DC 20555, Attention: Docketing and Service Branch.
Copies of comments rgejv,ed wip1 be available n the NRC Public Document Room at 2120 l
LStreetNW.y' Washington,DC20555.
/h /qper.6to ao/ rg/y/aj v4e c Me FOR FURTHER INFORMATION CONTACT:
Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, l
Washington, DC 20555, Telephone (301) 504-2478.
G
,- n u/
to fuel cycle SUPPLEMENTARYINFORMATIONpThisproposedrulemaking/appig$s aciTTtTeT UITrg 'or possessing a formula quantity of strategi
-LIC-ANNOUN-Of INSPEC 0F-MEM0' -
-3 L
4 e
t f
4 g gi e*-
o w.i.m
,.1 e
t..o..
4..
4'
. (8 g
a l u.
J -.f [gs i. & & 'h6,.,.L,\\m g
p 9.
9 g
4, g y g.
C. 4.
. %.' 6 -
a.
y g
9 E.
gg g
.s..,
g-. C 1 > gg.., p3 g
s
- .4..
.a
(
j 3
r.
r.
...,3,.
4
.....h 8
m-h emae s by N.. -...
e d-b6 + e *
. met w/
.e 4 *b % & e-s4 e d e A Eed e aa 4
e-e w s
i.
}. J %, %...
'a eh.
b.
4 s'-
1 J.,
a.
,A.
Y
,J..~
-.,- - 3, 4 2.
.r.. 1 4.
- c.. e 4 r.,.
4
.,,. +.
a.
g' g.4...
. - 4.,...
wi/cly w
4
. a
,s 2
14 a3...
4,.
- e4 -
d..
ea6.-
..<.4*
,,,a 4 4,. d.,.
e4 4 e-A P
-}.
w & a ",,
e a A,,,..g. ' "s u 4 ee. ~, i I
4 g.
f,_"
4 g
g 4
.,3 4
. 4 6,
bq g
k
,..k e.
us 4 S e 4s f
F#.
('
a m<
+
gj a,
A-4,
+
4.4e st e e..
t 4 e.
4 m
J4I'j W I
4... J.
. _ _ h.1 s.
.4 m.:
C4 q
....y il.-
.4'1 a
. b' ~ 6 ~. -
- O
- m.. 4 A w.-'.,
V
,,(
4
,a
. [
..:.. 4
.is ium id
j;pm '
e f'
/U" g g% -
war l
r u raterial. TheNRCproposesthetneaccesscontrolmeasure/orothermeans-nay--
-be e5 oyed -by tha licence: er in < nr4eacttrr'to intentionally give notice to 1
other persons of the arrival and presence of an NRC safeguards inspector at a fuel cycle facility using or possessing a formula quantity of strategic spe-cial nuclear material unless the licynsep is,specifically requested to do so gkhekn(en{ddo'f tMdm0nt-c-istoincreasethe by the NRC inspector, effectiveness of unannounced inspections and to enable an inspector to get a more accurate view of normal operations at affected facilities.
Environmental Impact:
Categorical Exclusion bhe NRC has determined that this proposed change is the type of action described in categorical exclusion 10 CFR 51.22(c)(2).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for the proposed rule.
Paperwork Reduction Act Statement
T h proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
Existing requirements were approved by the Office of Management and Budget approval number S' @ ~ 08 % 3 ' W C 3-Regulatory Analysis (fihis proposed rule will have no significant impact on state and local governments and geographical regions.
It may have an impact on health, safety, and the environment, but only in the sense of preventing adverse impacts on healgh sa,fety, and the environment through more effective inspec-The[ rule makyf it clear that NRC inspectors are to have a realistic tions.
g picture of the actual conditions at a site during the inspection process and, therefore, be better able to identify potentially dangerous conditions and/or practices for corrective action and to ensure that licensees comply with laws, regulations, and orders administered by the NRC.
This constitutes the regulatory analysis for this proposed rule.
-LIC ANN 0VN OF INSPEC OF MEMO 4C l
,2
DRAFT EU Regulatory flexibility Certification fAs required by the Regulatory flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities. The amendments being proposed shoul impose)n additional cost on affected licensee op-<442 </*
b c,,,y k MW n oJ-Backfit Analysis (phe NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule, and therefore, that a backfit analysis is not required for this proposed rule because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subject MC CFR hr+ 73 g g p,j 3.,
A t rmb l Pou\\tita fM Hazardous materials-transportation, Incorporation by reference / Nuclear
,g materials, Nuclear power plants and reactors, fenaltydeporting and recordkeeping requirements, Security measures.
- tist J suoje m i n ' Mn N n
a A
yer/%f C r ww \\ \\,e n W.e6 y
^ Accounting,g azardous materials-transportation, Material control and H
accounting, Nuclear materials, Packaging and containers, N M adiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material, for the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Parts 73 and 74.
PART 73--PHYSICAL PROTECTION Of PLANTS AND MATERIAL 1.
The authority citation for Part 73 continues to read as follows:
- h. t i >
LIC ANNOUN OF INSPEC Of MEMO 5'
7 3
p% b t
Pui51 cat r av 4 r.v 4 wri w nnn m--hN!HMir.ninL5 :t' fl.7T '3 AUT!!ORITY : D e c t.. 53, 101, 08 Dtat. 330, 948, an urnended, sec. 147, 94 Dtat. 700 (42 U.S.C. 2073, 2107, 2001); sec. 201, an amended, 204, 88 Stat. 1242, as amended, 1246 (42 U.S.C.
- 5841, 0644).
Doction 73.1 also issued under Lecc. 135, 141, Pub. Lc 97-425, 90 Stat. 2232, 2241 (42 U.S.C, 10165, 10101).
Sect 1.n 73.37(f) also ion,ued under s.ee 301, Pub. L.90-295, 94 Stat. 7s9 (42 U.D.C.
5841 note).
Dection 73.07 it innued under tee. 000, Pub. L.99-399, 100 Stat. 070 (42 U.C.C.
2100).
For the purposet of coe. 223, 08 Stat. 908, cas an. ended (42 U.S.C. 2273);fl73.21, 73.37(c), and 73.bD are.innued under nee.
101b, C8 Stat. 940, as amended (42 U.C.C. 2001(b));f173.20, 73.24, 73.25, 73.20, 73.27, 73.37, 73.40, 73.45, 73.40, 73.50, 73.55, and 73.07 are A st ued under L(_c. 1011, 00 Stat. 949, an amended (42 U.S.C. 2001(i)); and d.73.20(c)(1), 73.24(b)(1), 73.00(b)(3),
(h)(0), and (h)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d),
73.40(g)(0) and (h)(2), 73.00(g)(2), (3)(111)(D), and (L),
73.5L(h)(2) and (4)(iii)(D), 73.57, 73.70, 73.71, nr.d 7 3. 72 a re intued under nee. 101e, 00 Stat.. 950, c.:: c:,tr.cuded (42 U.G.C.
2001(o)).
t l
l l-r I
l~~
DRAFT.
lb 2.
In 173.46, paragraph (d)(15) is added to read as follows:
$73.46. Fixed site physical protection systems, subsystems, components, and procedures.
((d) ppy h(15)Thelicensee not announce or otherwise communicate to its employees or site contractors the arrival and presence of an NRC inspector unless specifically requested to do so by the NRC inspector.
Y
,V-
?
AL N-Mft-PART 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL
]'3. The authority citation for Part 74 continues to read as follows:
[ sac < t 9. )
p.In$74.81, paragraph (d)isaddedtoreadasfollows:
674.81 Inspections.
f}d) At a fuel cycle facility using or possessing a formula uantity or more
~
of strategic special nuclear material, the licensee sheH no a'n$ounceor I
otherwise communicate to its employees or site contractors the arrival and presence of an NRC safeguards inspector unless specifically requested to do so by the inspector.
/PDatedatRockville,MDthis
_, day of 1992.
For the Nuclear Regulatory Commission.-
James M. Taylor; Executive Director for Operations 7
LIC-ANNOUN OF--INSPEC OF_MEM0 -
'/
_ hb(
A'JTHORITY : Seco. 53, 57, 161, 182, 183, 60 Stat. 930, 932, 948, l
- 953, 954, as amended, ecc. 234, 83 Stat. 444, as amended (42 U.S.C.
2073, 2077, 2201, 2232, 2233, 2282); seen. 201, as amended 202, 206, 88 Stat. 1242, ao amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846).
ror the purposes of sec. 223, 68 Stat. 958, as amended (42
/g U.S.C.
2273); 5574.17, 74.31, 74.33, 74.51, 74.53, 74.55, 74.57, 74.59, 74.81, and 74.82 are leeued under secs. 161b and 1611, 68 Stat. 948, 949, an amended (42 U.S.C.
2201(b) and 2201(1)); and S$74.11, 74.13, 74.15, and 74.17 are losued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
l
/
1 i
i 4
h
l l
DRAFT CONGRESSIONAL LETTER NAY 131991
[
Dear Mr. Chairman:
I The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the Commission's t
rules in 10 CFR Parts 73 and 74.
The amendment, if adopted, would ensure that l
the presence of NRC safeguards inspectors at affected sites is not announced or otherwise communicated to licensees and contractor personnel without the
}
expressed request to do so by the inspector. The sites affected are comgirised of fuel cycle facilities using or possessing a formula quantity of strategic special nuclear material. The proposed rule will increase the effectiveness of unannounced safeguards-inspections and will enable a safeguards inspector i
to get a more accurate view of normal operations at the facility.
Similar requirements for_ power reactor licensees were published in October 1988. This
.l proposed rule is expected to-have no economic impact on affected licensees, the NRC, or the public.
Sincerely..
L
~
i Robe Bernero Office o e
rial j
QetyandSafeguards
/)w;, /?as k, h~h g/9% <ffcrymAvd/ W"M
[
r aa as s n oo
,/
[
mea 4 a. swan
.w~"*
. a ;.
.a-
-#*~---~-.no.
-~+--,ww.m.,
l L
LIC ANN 0VN OF INSPEC OF MEMO 8
?
L-
~
u.;.,- - _,,
w.....:
m.-
m,,.-..,.-.
, _. -.. _ _. ~, ~ -.. -, _.,..-.,-....__
._._ _.,_.