ML20126G115
| ML20126G115 | |
| Person / Time | |
|---|---|
| Issue date: | 05/26/1992 |
| From: | Sherr T NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dan Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| References | |
| FRN-57FR49656, RULE-PR-73, RULE-PR-74 AE27-1-010, AE27-1-10, NUDOCS 9301040069 | |
| Download: ML20126G115 (8) | |
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REVIEW 0F PROPOSED RULEMAKING NAY 2 61992 MEMORANDUM FOR: Douglas M. Collins, Chief Nuclear Materials Safety and Safeguards Branch .
Division of Radiation Safety and Safeguards, R!l FROM: Theodore S. Sherr, Chief Domestic Safeguards Branch Division of Safeguards and Transportation, NMSS
SUBJECT:
REVIEW OF PROPOSED RULEMAKING Enclosed for your review and coment is a draf t proposed rulemaking to amend 10 CFR Parts 73 and 74. The purpose of the proposed rule is to ensure that the presence of NRC safeguards inspectors at Category I fuel cycle facility sites is not announced or otherwise comunicated to licensees and contractor personnel without the expressed request to do so by the inspector.
l Similar requirements for power reactor licensees were published in October 1988.
Please provide your comments to Priscilla A. Dwyer, SGDB/SGTR by c.o.b.,
l Friday, June 5, 1992.
L OriginalSigned by l Th :2.ro S Sherr Theodore S. Sherr, Chief I Domestic' Safeguards Branch l
Division of Safeguards-and Transportation NHSS.
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Enclosure:
As stated 1.
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MEMORANDUM FOR: James H. Taylor Executive Director for Operations FROM: Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
LICENSEES' ANNOUNCHENTS OF SAFEGUARDS INSFECTIONS 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 Mater-ials" and 10 CFR Part 74, " Material 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 comunicated 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 fonnula quantity of strategic special nuclear material. The intent of the proposed rule is to increase the effectiveness of unannounced inspections and to enable a safeguards 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 Analysis; 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).
Notices:
A notice to the Comission that the EDO has signed this rule is enclosed for inclusion in the next Weekly Staff Notes (Attachment 2). The appropriate Con-gressional Comittees will be notified (Attachment 3). A copy of the proposed rule will be sent to affected licensees.
Coordination:
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 Weekly Staff Notes Item o amauemmnnnamsutrorm ___
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., DRAFT l Approved For Publication MAY 2 61992 The Commission delegated to the EDO (10 CFR 1.31(a) 3)) the authority to develop and promulgate rules as defined in the APA 5 U.S.C. 551 -(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions.
Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
t The enclosed rule, entitled " Licensees' Announcements of 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 communicated 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 ClR 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.
Date James M. Taylor >
Executive Director for Operations l
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MAY 261992 DRAFT NUCLEAR REGULATORY COMMISSION 10 CFR Parts 73 and 74 RIN Licensees' Announcements of Safeguards Inspections AGENCY: Nuclear Regulatory Comission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulator October 25,1988 (53 FR 42939) to y Comission require (NRC) that the amended presence of NRCitsinspectors regulations on on nuclear power reactor sites is not widely comunicated 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 perfonned without advanced notification of the inspec-tion to licensee and contractor personnel. This proposed rule requires a similar provision be applied 1o the presence of safeguards inspectors at certain fuel cycle facilities.
DATES: Coments must be received en or before (90 days after publication).
Coments received after this date will be considered if it is practical to do so, but only those coments received on or before this date can be assured of consideration.
ADDRESSES: Coments or suggestions regarding the proposed amendments should be sent to the Secretary of the Comission, U.S. Nuclear Regulatory Comis-sion, Washington, DC 20555, Attention: Docketing and Service Branch. Copies
' of comments received will be available in the NRC Public Document Room at 2120 L Street NW., Washington, PC 20555.
FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555. Telephone (301)504-2478.
SUPPLEMENTARY INFORMATION: This proposed rulemaking applies to fuel cycle facilities using or possessing a formula quantity of strategic special nuclear material. The NRC proposes that no access control measures or other means may be employed by the licensee or its contractor to intentionally give notice to other persons of the arrival and presence of an NRC safeguards inspector at a fuel cycle facility using or possessing a fomula quantity of strategic spe-cial nuclear material, unless the licensee is specifically requested to do so by the NRC inspector. The intent of these amendments is to increase the effectiveness of unannounced inspections and to enable an inspector to get a more accurate view of nomal operations at affected facilities.
Environmental Impact: Categorical Exclusion The NRC has detemined 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.
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m umt DRAFT Paperwork Reduction Act Statement The proposed rule does not contain a new or amended infonnation 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 .
Regulatory Analysis .
This proposed rule will have no significant impact on state and local 3
governments and geographical regions. It may have an impact on health, j 4
, safety, and the environment, but only in the sense of preventing adverse !
, impacts on health, safety, and the environment through more effective inspec- I tions. The rule makes it clear that NRC inspectors are to have a realistic
- 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.
! Regulatory flexibility Certification l
'; As 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 should impose no additional cost on affected licensees.
- Backfit Analysis The 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 requi q d for this proposed rule because these amendments do not involve an which would impose backfits as defined in 10 CFR 50.109(a)(1)y provisions List of Subject in 10 CFR Part 73 Hazardous materials-transportation, incorporation by reference. Nuclear
- materials, Nuclear power plants and reactors, Penalty, Reporting and
> recordkeeping requirements, Security measures.
3 List of Subject in 10 CFR Part 74 Accounting. Hazardous materials-transportation, Material control'and accounting, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements. Scientific equipment.
For the. reasons set out in the preamble and under authority of the Atomic l 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, f
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.. 34Y 2 6 OE
- DRAFT PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIAL j
- 1. The authority citation for Part 73 continues to read as follows:
- 2. In673.46, paragraph (d)(15)isaddedtoreadasfollows:
573.46. Fixed site physical protection systems, subsystems, componentsr and procedures. -
- (d) * * *
(15) The licensee shall not announce or otherwise connunicate to its employees or site contractors the arrival and presence of an NRC inspector unless specifically requested to do so by the NRC inspector.
10 CFR PART 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL
- 3. The authority citation for Part 74 continues to read as follows:
- 4. In 674.81, paragraph (d) is added to read as follows:
574.81 Inspections.
(d) At a fuel cycle facility using or possessing a fonnula quantity or more of strategic special nuclear material, the licensee shall not announce or otherwise comunicate to its employees or site contractors the arrival and presence of an NRC-safeguards inspector unless specifically requested to do so by the inspector, Dated at Rockville, MD this day of 1992.
- For the Nuclear Regulatory Commission.
- James M. Taylor Executive Director for Operations i
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.. DRAFT NAY13 g WEEKLY REPORT TO THE COMMIS$10N OFFICE OF NUCLEMt MATERIAL SAFETY AND SAFEGUARDS Procoted 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 Materials" and 10 CFR Part 74, 'Naterial Control and Accounting of Special Nuclear Material," by adding provisions to ensure that the presence of NRC safeguards inspectors at certain fuel cycle facility sites is not announced or g otherwise comn.snicated 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 power reactor licensees were published in October 1988.
This constitutes notice to the commission that, in accordance with the rulemeaking authority delegated to the-EDO, the EDO has signed this proposed rule for publication-in the Federal Register.
)
, Attachment 2,.
Lit ANNOUN OF INSPEC OF MEMO 7
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DRAFT CONGRESSIONAL LETTER E 13 E
Dear Mr. Chairnan:
The Nuclear Regulatory Comission (NRC) has sent to the Office of the Federal Register for publication the enclosed proposed amendment.to the Comission's rules in 10 CFR Parts 73 and 74. The amendment, if adopted, would ensure that the presence of NRC safeguards inspectors at affected sites is not announced or otherwise comunicated to licensees and contractor personnel without the expressed request to do so by the inspector. The sites affected are comprised of fuel cycle facilities e: sing or possessirig 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
. to get a more accurate view of normal operations at the facility. Similar requirements for power reactor licensees were published in October 1988. This proposed rule is expected to have no economic impact on affected licensees, the NRC, or the_public.
Sincerely, Robert M. Bernero Office of Nuclear Material Safety and Safeguards Attachment 3 LIC ANNOUN OF INSPEC OF MEMO- 8
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