ML20137D553

Informs of Potential Safety Problem That May Require Action by Dot.Safety Assessment Should Be Performed for Model 6M Container to Ensure That Adequate Safety Being Provided for All Authorized Contents

ML20137D553
Person / Time
Issue date:	02/25/1997
From:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Ashley Roberts TRANSPORTATION, DEPT. OF
Shared Package
ML20137D535	List: ML20137D553
References
NUDOCS 9703260215
Download: ML20137D553 (8)

Text

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UNITED STATES

, s j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 30666 4 001

%,,.: m ,*o*g February 25, 1997 Mr. Alan Roberts Hazardous Materials Technology Department of Transportation 400 Seventh Street. SW Washington. OC 20590

Dear Mr. Roberts:

We are informing you of a potential safety problem tviat may require action by your agency. Department of Transportation (DOT) regulations currently authorize shipment of uranium-beryllium mixtures within the Model 6M shipping container. However. we do not know whether the criticality safety of transporting these materials within the Model 6M container has been adequately evaluated. Shipment of certain materials within the Model 6M container may be a potential safety problem.

By way of b'ackground, in late 1996, we were notified by a licensee that the transportation regulations of the Nuclear Regulatory Commission were not adequate to ensure the criticality safety of shipments containing enriched uranium and beryllium oxide. This material was a waste product that resulted from the commercial down-blending of fissile material from the former Soviet Union. After being notified of this problem, we initiated emergency rule-making to require that fissile materials mixed with special moderating materials. such as beryllium, be transported only in containers specifically approved for that purpose. This was to ensure that the trans> ort of these materials would receive appropriate safety evaluation and tecinical review.

We were recently informed that the Department of Energy (DOE) may be planning to ship additional uranium-beryllium material to NRC licensees. The uranium concentration of these materials is higher than for the waste materials that prompted our emergency rulemaking. The nuclear reactivity of the shipments may also be higher, and this could be a potential safety problem.

We understand the DOE shipments are to be made in the Model 6M. a shipping container wtiose design and authorized contents are specified in DOT regulations. The criticality safety of this shipping container may not have been evaluated for special moderating materials, and possibly other fissile contents. NRC regulations authorize licensees to use containers whose design and authorized contents have been specified by DOT. provided the licensee complies with the terms and conditions of the specification. Since licensees may use the Model 6M container without obtaining further approval, it is important for the specification to provide an adequate margin of safety.

Based on information reported to NRC there may be a safety problem with the DOE shipments being contemplated. We recommend that a safety assessment be performed for the Model 6M container, to ensure that adequate safety is being provided for all its authorized contents, including those, such as beryllium, that have special moderating pioperties.

Ro &y PDR

o' A. Roberts 2 I

Enclosed for your information is a copy of our revised rule and the statement of considerations that accompanied the rule. We are sending a similar letter to Mr. Eugene Schmitt at DOE. If you have questions or would like to meet with us, please contact me at (301)415-7800, or Mr. Charles Haughney at (301)415-8560.

Sincerely, f ,Criginals!gnedbyCn!J.Pg::M!3 Carl J. Pa wriello. Director Office of Vuclear Material Safety and Safeguards l

Enclosure:

As stated cc: E. Schmitt. DOE M. Wangler. DOE J. O'Steen. DOT Distribution: Reviewed by EKraus 02/18/97 NRC F/C WKane WReamer SFP0 r/f EEaston DMurphy. 01 NMSS r/f BWhite WMcDowell. IG  !

MKnapp RO*Connell j

Proofed by:lmg Division:sfpo Date:2/20 Identical letter sent to Gene Schmitt. DOE

• See previous concurrence. en/peoorroireneuany zt. 1997 0FC PCS:TSIB E PCS:TSIB E TSIB N SFP0 E NMSS a /)

NAE *N0sgood/lg *RChapoell 8SShankman *CHaughney CPapNello DATE 2/19/97 2/19/97- 2/19/97 2/19/97 2/I/97

,a COViR E = COVER & ENGLOSURE N = NO COPY S:\ DOE-DOT.LTR OFFICIAL RECORD COPY I

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. Feder:1 Register / Vol. 62. Ns. 27 / Manday, February 10, 1997 / Rults and Regul:tions 5907 ij .t

• to the ares unless you harvested the crop. in Animal and Plant Health inspection PART 78-SRUCELI.OSIS j which case we will use the harvested gorylae i production. If you do not continue to care for Accordingly, we are adopting as a

! the crop, our appreimal made prior to 9 CFR Part 73 Anal rule, without change, the interim j deferring the claim will be used to determine rule that amended 9 CFR 78 and that i the production to count; and P88k88 #*- I was published at 61 FR 58625-58626 on j (2) Au harvested producuan from the November 18,1996.

BruceHoels in Cattle

• Stehe and h j insurable acreage. ClaeolRostions; New naamann Authority: 21 U.S.C. Il1-Il4a-1,18 4g.

(5 Harvessed produceson which. due to 115.117,120.121.123-126.134b, and 134f.

4 tuureide causes, is determined not to meet AAmscv: Anierst and Plant Health 7 CFR 2.22. 2.00. and 371.2(d).

j die Unseed $sstas Sundards for Fresh Inspection Service, USDA. Dane in Washirgton, DC, this 4th day of

] Cswiberries if eveGatde or weidd not meet AcTiosa. AfGrmation ofinterim rule as Fetruary 1997.

j these standartis if properly hemged, or does Anal rule. Terry L. Medley, j amt meet the gunhty requirements af the Aggnegsenegar, AnimalaufPlantHeahh

{ seasiving handler if the Unlead Sasses stamaany: We are adopting as a naal hupsasenServsee l Standards for Fresh Cranbornes,if not rule, without change, an interim rule PR Doc. 97-3216 Filed 2-7-97;I 45 aml

emedahle, mid such harvesend producasen has that amended the brutalloels regulations musse seen asia.as.e j e value less than 75 percent of the market contarning the incarutate movement of prtce for cranberries meetsrig the mints'um cattle by changing the clasaincation of j sequeremeras will tu aquased by

Nrw Mexico drom Class A to Class Free. NUCl. EAR NEGILATORY J $) Dtvidirig the value per barrel of such W r have deternened that New Mexico COMMSSION l svenberries by the market price per barral for en sets the standards for Class Free sranberries meeting the minimurn at stus. The interim rule was necessary 10 CFR Part 71 l 8ttivirents, and d

to relieve cet1ain restrictions on the i 61) Muluplying the result by the ram.ber of interstate movement of cattle from New m stab-Am

! barrels of such crentwrries. Mexic0- Fissue MalertalShipmerds and

{ 11.Wrteten Agreements yPactvWE DATE The interim rule was Esempecme De.ngnated terms of this policy may be effective on November 18,1996.

l ,

ahered by written agreement in occardance Post Puumet esposuaAttoes ooNTACT

Dr.

i with the fouowing- Michael J. Giladorf, Senior Staff Commission

• i (s) You must apply in writing for each Veterinarian, Brucellosis Eredication "* N"*I '"k

} written agreement no later than the sales Staff, VS. APHIS, suite 3808,4700 River maanany:The Nuclear Regulatory j closing date, except as provided in secuon Road Unit 36. Riversiale, MD 20737- Commission (NRC) is amending its 11(*); 1231,(301) 734-7708.

l regulauorm regsrd the shiprnent of

! mu contain ble erms of the aWPPLMghfTARY edPoRAGAftoN: 8E8 @ 9" "" " ' "d contract tutwwn you and us that wiu be in me t of final nA

! Background license. This emergency final se

1. ''""""*8"*"'""* In an interim rule effective and rule restricts the use of beryllium and

)

'PP'"#' lished in the Federal Register on other special mc@ rating rnsterials 0.e..

I inci var I terms oIt c tre '

ember 18,1996 (61 FR 58625- ymphite and deuterlung) in the I including. but not Itmsted to crop type or 58626, Docket No. 96-045-1). we shipment of fissile meterials and j amended the brucellosis regulations in versety, the guarantee, premium rate, and cDnsigns tlunntity limits on fissile i J

price eleeuon, 9 CFR part 78 by removingNew Mexico exempt shipments. These arnendrnents (d) Each written agreement win only be from the list of Class A States in are necessary to conect a recently webd for one year of the written agreement 5 78.41(b) and adding it to the list of discovered clefect in the current u nos specificauy renewed the fouowing Class Free States in 5 78.41(a). regulauors which could permit,in year, insurance coverage for subsequent crop Comments on the interim rule were special circurnstances, nuclear j ye,,s wul te in accentence with the printed required to be received on or before criticality to occur in shipments of pahey), and January 17,1997. We did not receive Assue materials which are permitted to

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(e) An appucation for a written agreement any commenits. The facts presented in take place without spectne Commission I autanteed aher the sales ciseng date assy tw the interim rule attil provide a heels for approval. The regislatory defect is not approved if, after a phystal inspection of the the rule, imilcauve of tansafe neede material scrunge. it u detenmined that no loss has Tids action also afbras the shipments in the past. Rather,it was ecourred and the seepis answeble in information consmined in the inserim identined by Babcock & Wilcox (B&W)

, ascentence wah the pebey and wrtman rule concerning Executive Order 12866 sharing proporsuon for shipment of an

. agresumera previstans. and the Pladbility Act, unprecedented type of'Immile material signed en Washington DC, en jaramry 31, Emadive 12372 and 12988, and that could result in nuclear criucality i 1997. the Paperwork Wetan Act. under curmt g s__. This Further. for this action, the Othee of unklue unearialis produced as a wate MD h Management and Budget has waived the product from procaming of strategic Adansger.FederalCropJnsurance material resulting from operations to review process required by Execuuve Carpwouan.

j Order 12866. commercially downblend weapons.

IFIt Doc. 97 3130 Filed 2-7-97; 8

45 aml semble fissile material from the former eusse so a ene.ea., List of Suldsets in 9 CFR Part 78 Soviet Union. Although this rule is 1 Animal dissenes, Bison, Cattle. Hogs, being leeued as an immedestely effective j Quarantine, Reporting and Anal rule, the Commission is requesting recedesping requirements, public comment and will revise the rule Tremsponation if -ry ENCIASURE

i_ _._.__ __ _ _ _ ___. _ _ ____ -. . . .

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=5908 ' Feder:1 Register / Vcl. 62. No. 27 / M:nday, February 10, 1997 / Rults and Regultuons i

l1 auss:This final rule is effective on F

that a beryillum oxide-enriched The NRC has already taken a number j 10.1997. Comments must be uranium rr,txtLae would be produced as of actions to resolve the potential safety

receiv by March 12,1997. If public a waste prtduct from its processing of problem identined by B&W. First, the l comments require changes in the rule, strategic rrsterial resulting from MMC obtained a commitment from BaW l timely notice will be published in the operadons to commercially downblend not to ship Be U materials without prior Federal Register. weapons-usable fissile meterial from the NRC authorization and conarmed this aan======

Comments may be former Soviet Union. B&W promptly corrwnkment in a Connrrnatory Action submitted either electronically or in soufled the NRC ofits concern, Lauer (CAL) dated October 10,1996.

l wrtuen forrrt Mau written comments to: provided its calculations to the NRC. h"T=ndy, the CAL was superseded 3 U.S. Nuclear Regulatory Commission, and mode commitments not to make any by an immedisaely effecuve

! Washington, DC 20555-000), Anention: auch shipments. The NRC staff Cennrrratory Order Modifying Lkenne Docketing and Service Branch. Hand subsequently reviewed and verined dated December 16,1996, which I deliver comments to: 11555 Rockville B&W's calculadons and determined that imposed B&W's commkment as ,.

Pike.Packville.MD between 7:30 am expeditious revtsions to NRC laptly binding license condition. The

! and 4:15 pm Federal workdays. For . mguladons are needed to correct the NRC had no reason to doubt B&W's i

information on msbmitting comments danciency because an inadvertent eariner voluntary commitment because electronically, see the discussion under nuclear criocality in the public domain B&W had demonstrated its concern for i safety by Electronic Access in the Supplementary could involve fatalities, health affects the problem in the l Informauon Section. Copies of drom the resulting redtauona, and Srst place to C's attention.

l comments received may be examined at extensive clean-up costs. Howm, the NRC staff also believed l the NRC Pub!k Docurnent Room 2120 '

L Street NW. (Lower 1svel), The criticality safety problem brought go,"'PuTic to NRC's attenuon wkh respect to t n Ny, NR j

Washington, DC.

met runnet sposasanon oostracT:

$ 71.53 caused the NRC staff to revlew gN ["g c*" [,

10 CFR Part 71 to determine whether "

l Nalem S. Tantous. Ofnce of Nuclear "

any other provtalons of this Part might enni p u e sh Regulatory Research. U.S. Nuclear be slinilarly dencient. The general nts Regulatory Cornmission. Washington, licenses in $$ 71.18 and 71.22 provide lopll prevented from doing so ndt DC 20555-0001, telephone (301) 415- for criocality control by limiting the feuon of this rulemskin '

"TDecember O 5,1996, NRC also 8103. E. mail: quantity of fissue meterial in a single INTERNET:NSTeNRC.COV issued NRC Information Notke 96-63 to (i.e.. similar to the quantity. all NRC licensees authorized to possess summagest m soonesaMcN: d nasile exemptions in 10 CFR is! nuclear material.The purpene of 71.53). Section 71.18 also assigns a Background is informauon notice was to alert all criticality transport index (pursuant to such licensees to this problem so that On September 11,1996, an NRC fuel 5 71.4) to each package. These secuens any of them who might be in a position cycle facility licensee, Babcock & were found to have denciencies to make potentiauy unsafe shipments Wucox, Naval Nuclear Fuel Division comparable to those discovered in could take appropriate measures.

S&W), nottfled NRC by telephone that 5 71.53 in that there are no restrictions The NRC also brought this problem to it had discovered that the NRC and U.S. Pl aced on special moderating rnsterials the attendon of the U.S. Departrnent of Department of Transportmoon (DOT) (i.e. materials which would increase the Transportauon (DOT) and the U.S.

regulauons (10 CFR 71.53 and 49 CFR number of neutrons evallable to cause Department of Energy (DOE). DOT is a 173.453. respectively) on flasile exempt fission as compared wkh ordinary co-regulator of nasue material shipments do not provide adequate water), and 5 71.22 has the additional shipments and is currently revising its crit 6cality safety for certain shiprnents of defielency of not limiting the total parauel regulations in 49 CFR Part 173 fissile maternal 8 (enriched uranium amount of fissile materialin a on an expedited bests. DOE makes many containing beryllium oxide.) conveyance. During the NRC staff's ahlpments of fissile exernpt material Specincauy, B&W discovered through review, secttons 5 71.20 and 5 71.24, each year, calculations, that a shiprnent, intended as be shipped pursuant to 5 71.53(d), which were found alsotoprovide be adequate geruealiteennes'e in that th Discussion containing large amounts of an esempt moderstars of concern were excluded. The safety problem uncovered by the  ;

concentratton of enriched uranium in Packages for @ - =;- made in B & W calculauons, and verined by the i the presence of beryllium, could result scordance with a'flantle menarial NRC, involves quanthies, gewries, in a awlaar criticality.8 B&W indicated exempuon in 571.53 or the pneral and concentrations of fissile materials license in 5 71.18 or 5 71.22,are not ""d **d'* *h*Ch **"Id ult in a Famis maatal m esamed an le CFit Pan 71 and required to be certined by NRC.The whicalky when shipped in con llance a CM Pm 173 m Pommeertse.peamamm 23s. Intent of $$ 71.53,71.18* and 71.22 ts e neues of the aguladons or peammaserse t. wemmass. muss 236. er emy which criticality analyuss are not ensehemama er samme seemamenen. putage m,e that any smiertals pachard W sw supumme er muurish em mas a s emme ehtpped in accordance with the limits in requtred. The cwrent regulanons (nasue mensuseinem use amm speenne esmeares med thsee secuens (and the other appucable axeWPues in 5 71.53 and the ymral apenas imme aumend a prec;mde metser hmnus in 55 71.18 and 71.22) am based ammmary sees transpan.ummes by sections of10 CFR Part 71 and 49 CFR wa cm Part 173) are incapable of an inadvertent a the asumptkn that water is me only g'9'hamme que 30 Cm n criticality. The B&W analyses moderator which might be present in 87er ensupstauen pwymmes. sucimw crescasey demonstrated that a deftetency entsts in nasue esempt shiprnents Dese ruk namm e cemeneen m wench an imummerelied sett- thsee requirements' are assurned to provide inherent muiname mas smueusemaupeyous numann enan criticallty safety without a need for suscuer nears. Nucler snuentoy a pity a immews womn nacism essessramas and mamm erenenemy my assaran any - s' shippers 80 perform separate analyses.

dnenne manansi and nasren modemuns amen. essa sweena. h can enhamee um amisy er nasale Howrver some moderators (hairein amm sesshw as a severuwe emanommens6 The asunut to acomewe crummary by eiewiseemwn refermd to as special moderating suuren semesses maanni ensame asensve amarem er seamaans namess erseterials) can increase the number of

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' Federal Registu / Vcl. 62. No. 27 / M:nday, February 10, 1997 / Rulzs and Reguli,tions 5909 i? neuuons available to cause flauton as could transport as a private carrier or fissue meterial. Therefore, the revisions

cargared to ordinary water and result deliver to a common carrier for to the fissile exemptions in 10 CFR 4 in the potennel for crtucality in ment. The NRC cannot presently 71.53 and the general licenses in 10 CFR shipments where these moderators are a limit on the total quantity of 71.18 and 71.20 provide for exclusion of j present, even though the shipments are fissue material in a common carrier other than trace quanuties of graphite.

In compliana wkh 10 CFR 71.53 and shipment because the regulations do not 49 CFR 173.453. require a transport index for each Ahemauves Considered i

! Until recently, the presence of special package or require shipment by To determine the appropriate j moderating materials in significant exclusive use. The letter would restrier amendments to 10 CI R 71.18,71.22, j spanntitles in NRC-regulated shipments the abutty to use common carriers, and 71.53, the NRC staff conskiered the L af fissile exempt macertals was not while requiring a transport index would following three attemauves:

J anucipated. However, certain nepte much of the advantage gained by 1, The No Action Alarinathe. This j tueernauonal initisuves, including the exempuon. Consignment limits ar, alternative is not acceptable to the NRC. j aflorts of reducGon in sanckpiles of enforceable and represent a practical Shipments of fissile material Gle-U i l strategic matertal by processing for . operating limH that would prevent the snixtures) meeting the fissile rnsterial 1 l

commercial use, have resultad in the ntinfly unaste accumulation of esertiption requirements could be made j pester likelihood ofinclusion of these exempt vastertals during in a configurauon that does not

estartals in NRC regulated ments. ment. assintain criticalky safety during

'the meterials proposed to be , this final rule restricts arensport. Therefore, this alternative was by B&W, which prompted this special moderating materials and not pursued 2 rule, resulted from such a source. A includes consignment limits on 2. Siminate the fasade material

! recent contract was awarded to B&W to shipments of fissile materials under the exemption. This ahernative is not

{ process weapons usable enriched provisions of $$ 71.22 and 71.53. This acceptable to the NRC. Elimination of

uranium rnsterials from the Republic of nnal rule also restricts special fissue rnsterial exergtton, while Kazakstan. The waste product of the moderating rnsterials under the solvi the ertucality safety problem processing, a uranium. beryllium provisions of 671.18. Together these iden by B&W, would create other rmercake, rnet the fissile exempuon changes w21 eliminate the possibility of Problems. Many packages, such as those provisions in 10 CFR 71.53(d) and 49 inedvertent criucality during shipments containing low-level radioactive waste CFR 173.453(d). However, B&W used a made in compliance with 10 CFR 71.18. materials (e.g , lon exchange resins),

computer model of the enriched 71.22 or 71.53. The NRC anticipates contain r nly trace concentranons of i assniurn-beryllium calde waste that DOT will issue parallel revisions to flesile nuclides, which are incidental to I j packages, to dernonstrate that if the 49 CFR Part 173. Accordingly, NRC and the overall radioactivity of the package packages were loaded for shipment into DOT are coordinating the necessary contents, and criucality events are not

. a sea land container, and at the revisions to 10 CFR Part 71 and 49 CFR credible for shipments of these

regulatory fissile exempt concentration Part 173. Packages. The 5 71.53 ftssile material i limit, adequate confidence in nuclear exemptions are applied for these i crkicality safety would not have been Compatibility With the IAEA Standards shipments, and there is a continuing

, provided. NRC has vertfled through On September 9,1996, the Board of need to provide for this application.

Andependent analyses that the concerns Govemors of the IAEA approved the Bimination of 5 71.53 would place an raised by the B&W analysis are valid 1996 revisions to Safety Series No. 6. additional burden and cost on many and apply to other geometries and Among the changes in these revised ehlppers whose shipments posed no moderating charactertsdes as well. To 1AEA reguladons are that consignment criticality safety concerns. Therefore, paard against inadvertent criticality, thns limits and firnits on the types of this alternative was not pursued.

Innal rule restricts shipments of fissile moderators were placed on the fissile 3. Revise the fissile material material wkh three special moderating exernpuons in paragraph 672 of Safety exerrptions in 5 71.53 and the general materials: beryllium, graphke, and Series No. 6,1996. The changes to 10 heensees in 55 71.18 and 71.22 to deuterium. CFR Part 71 made by this rulemaking exclude the presence ofspecial However limiting beryllium, are generally compatible with the moderattrag meterials such as beryllium, paphite, and deuterium to trace chenys rnade to IAEA Safety Series No, deuterium andgraphite in other than apanntities would not completely 6,1996. Fisure revenions to 10 CFR Part enser quantities, andplace consignment eliminate the possibility of crtucality in 71 and 49 CFR Part 173 are planned by Atmfes on shipments. Topther these fissile enerript or generally Itcensed NRC and DOT, raepectively, to bring changes solve the criticality safety aldpments. There is also a need to hmit them into pneral accord with other problem identifled by B&W and the the quantky of masertalin a single sections of1AEA Safety Series No. 6, related problem of the potential nt the B&W crtucality model 1996. accumulation of an unsafe quantity of were performed using 200 One area in which this final rule for fissue matartals in a ment. Given can high infinite'alab coanguration). The 10 CFR Part 71 is not compatible with the limited number of problem of a lack of corsrol on the total IAEA Safety Sortes No. 6.1996, shipments and the amnD number of amount of flesile enempt material in an parayaph 672 ts that paphite was liceneses involved, some addiuonal esempt shipment, was artginally added as a special moderating matarlal costs on shippers be expected identafled during the reviston process in the 1995 revistons to 10 CFR Part 71 har==== they can no use the for the 1996 Editton of the Internauonal 90 FR 50248), but does not appear in fissue material exemptions and general Aeomic Energy Agency's GAEA's) IAEA Safety Series No. 6,1996. hcenses for meterials with beryllium.

"Regulauons sor the Safe Transport of l Graphite is Ilmised by the current dPuterium and ymphtte in other than i Radioactive Material," Safety Sortes No. pneralItcenses in 10 CPR 71.20 and erace quantkles, and because some 6,1996. The problem was addressed in 71.24.] The NRC believes that it is shipments may have to be divided to Safety Sortes No. 6,1996, by adopung appropriate to conunue to limit paphite aset the consignment limits. It keeps a consignrnent limit on the amount of Oneing a special moderating ruterial) in the exempdon and generallicense Assile exempt material that a ehtpper domseuc regulations for shiprnent of provtsions available for other shippers

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j 5910 ' Federal Register / Vel. 62, No. 27 / M:nday, February 10, 1997 / Ruits and Regulations

[ This alterneuve was chosen by the NRC deuterium is not present in quantides U.S.C. 553(b)(B)), to dispense with

! sisR, and is the basis for the following escoeding 0.1% of the flentle material nouce and prepromulgation public apecific changes in 55 71.18, 71.22, and assa. A new h (a) is added comment as being improcucable and

{ 71.53. widch contains a

. and an contrary to the public interest. Further, i

C in 10 CFR 71 18' 7122* and 8camPanying taw to umk midual ne Conunission nnds, pursuant to i

7' consignrnent, but also includes the Secuon 553(d)(3) of the APA (5 U.S.C.

j requirements in old (a), 553(4(3)), that good cause exists for

! Section TJ.18 $>)(1) and (2),and ( , remainder making thsee amendments immediately

! The utie of 5 71.1g: Generalikanse'. of 5 71.53 (persymphs (b), (c), and (d)) eSecove t=c== the need Io have these

is essenually the same as the old 5 71.53 seguladons in place outwelghs the

' W Plssue

,,cg,,, neuteclal* undled

,,,,9, gg ,,,9, A "*"g,g P" 4:eragraphs (c),5), and (e)). inconvenience, if any, to licensees who parayaphs (a),0>), and (c)in 571.18 Good Cause forImmediate Adepuon "" "' "

seemin the same. 'Ihe old parayaph (c0 the on h in $ 71.13 is soplaced b three new The Commission is : Tiag this providing a 30-day post-promulgation i , emergency final rule 6-= the public comment period during which j parayaphs: (c0,(e), 5). The new problem of astetylimits over inserested persons are invited to submit

, parayaph (en covers pneral licenses for quantitles concentradons of hesine their comments to the Commission.

pachaps metainhts no more than a material and moderators, which has Within a reasonable time aner the end

} gA quanuty of radioactive been demonstrated to permit cr u iratity

, hesile tastedal is sniedmaterial with of the mmment period,the Commission in at least one proposed shipmertt, is an will publish a staternent in the Federal l substances having an average hydrogen imponant seTety issue meriting density yester shan water (defined in Register containing an evaluation of the j immediate corrocuve action. An significant conwnents received and any

571.20). The new pernymph (e) restricts accidental nuclear criticality in the revisions of the rule to be made as a i the quanuty of beryllium, paphite, or pubtle domain would very likely bydropnous material enriched in result of the comments.

I involve fatalities, health effects from the

! deuterium in a package to no yeater resulting redistions, and extensive Electronic Access than 0.1% of the fissile rnsterial mass- clean-up costs. Comments may be sabmitted The new parayaph ()is a rnodificauon Shipments of fissile exempt material electronically, in either ASCll text or of the old paragraph (d) that includes a are normally made without any Wordperfect format (version 5.1 or t mpilAed formula for calculation of the associated crtucality analysis because in later), by calling the NRC Electronic sninimum transport index. the past it has been assurned that the Bulletin Board GIBS) on FedWorld. The

$sedon TJ'22 regulations Provide inherent criticality bulletin board may be accessed using a esrety. However, B&W's contemplated personal cornputer, a modem, ami one The title of 5 71.22: General License: ahipment demonstrates that this of the commonly available Ftssile material, limited quantity, assumption is not correct for all possible communications software packages, or controlled shipment, remains the same. of shipments. While the directly via Internet. Background Also paragraphs (s),(b), and (c) in mmission expects that B&W's documents on the rulemaking are also 571.22 remain the same. The old commitment, as expressed in the NRC's available, as practical, for downloading parayaph (d) is modified with 15e Confirmatory Order, not to undertake and viewing on the bulletin board.

addiuon of a new table and shipments wkhout the prior approval of if using a personal computer and acconpenying formula which restrict the NRC, and the Informouon Notice modem, the NRC rulemaking subsystem the mass of uranium-235 and other issued to all licensees authorised to on FedWorld can be accessed directly hesile material in a controlled shipment. pousses special nuclear material, will by dialing the toll free number (800)

The table gives both new limits of 290 prevent an unsafe shipment from 303-9672. Communication software g and ISO g for uranium 235 and other occurring pending revision of its rules, parameters should be set as follows:

Assile materials, when these materials the Commission does not track parity to none, data bks to 8, and stop are mixed with substances having shipments by licensees made under the bits to 1 (N,8,1). Using ANSI or VT-100 hydrogen density yeater than water; the provisions of 10 CFR 71.18,71.22, or terminal emulauon, the NRC table also gives the old 571.22 linuts for 71.53. Moreover, the nature of the rulemaking subsystem can then be shipments of U-235 and other Assile notarials being imported and shipped accessed by selecting the " Rules Menu" maserialwhen mixed with subasances don-sic =Hy has recendy changed due from the "NRC Main Menu."

having a h densityless then or to inittstives with the States of the will And the FedWorld Online esp at to water. new h(e) Aermer Soviet Union to reduce weapons Umar's thera ==" perucularly helpful.

seetreets:he quanday of um. tanable material such as high enriched Many NRC subsyneems and data bases pophite,or hydrogenous matertal urenturrt The assertals B&W had also have a " Help /Informenon Center" aartched in doutertum in a to intended to ship were byproducts from option that is snitored to the particular as yester than 0.1% of the e this type of masarist. .

sameertal immes. Parsymph () is the same made under 10 CFR 71.13, Tlie_NRC subsystem on FedWorld can as old parayaph te). 71 or 71.53 are made without speelAc aho be accessed by a direct deal phone NRC approval and the pasathahey endets number for the amin FedWorld BBS,

$sendon 71.53 that a Iteensee could unwittingly make (703) 321-3339, or by using Telnet via The title of 5 71.53 remains the anme. an unsafe shipment in rullance upon the lasernet fedworld. gov. If ising (703)

The introninetary persgraph ressates the present rules. Thus, the Commission 321-3339 to contact FedWorld, the NRC eld 571.53 language that packages are must amend its rules quickly to prevent subsystem wn! be accessed from the esempted bom the Assile motorial unsafe d ' ---._ from occwring amin FedWorld menu by selecting the standards of 5 71.55 and 571.59; por the reasons sensed above, me " Regulatory, Governmer,t however, the amme persymph restras Commission Ands pod cause, pursuant Adnenistration and State Systerns."

thsee exempted packages to only to Secuon 5530s)GB) of the then selecting ""$- y Infornation maa=e'a is when beryllium, ymphite, or Administrouve Procedure Act (APA) (5 Mall." At that point,a menu will be

i i

i Federal Register / Vcl. 62. No. 27 / Mmday, February 10, 1997 / Rults and Regulsuons 5911 i

lo displayed that has an opuon "U.S.

Nuclear Regulatory Commission" that quantity shipments of fnssile rnsterial the Paperwork Reduction Act of 1995 containing special moderating materials. (44 U.S.C. 3501 er seq). Existing l

! will take you to the NRC Online amin This final rule affects only a small informsuon coUection requirements

! menu. The NRC Online area also can be subset of the limited quantity )

were approved by the Omce of 3 accessed directly by typing "/go nrc" at shipments. Le., those that contain both Enagement and Budget, approval l e FedWorld command line. If you accmas f saue material and special moderating number 3150-.0008. '

i NRC from FedWorld's main menu. you esterials. NUREG-0170 does not i may return to FedWorld by selecung the specify the annual number oflimited Pubine Protection Noufication j " Return to FedWorld" opuan kom the quentky, fissue meterial shipments The NRC may not conduct or sponsor.

MRC Online Main Enu. However,if containing special moderating materials, and a person is not required to respond you access NRC at FedWorld by using but does estimate that 50.000 NRC- to, a collecuan of informsuon unless it NRC's toll hee number, you wul have certifled fnssile material packages (used displays a cunently valid OMB control i Aall acosas to all NRC systems, but you for larger quantlues of, and/or more number.

I will not have access to the main highly enriched, thsile materials) would FedWorld system , be shipped in 1985. The number of Regulatory Enforcement i

l Nyou contact FedWorld using Telnet, shipments asseted by this final rule is I you wul see the NRC area and menus, a annu hection of the NRC certirned In accordance with the Small j tecluding the Rules Menu Although II'80e Package shipments because finstle Business Regulatory Enforcement you wul be able to slownload snetorials containing special moderating Fairness Act d 1996, the NRC has

! documents and leave meessges, you wul materials are less common than determined that this action is not a

! not be able to write comments or upload enoderately enriched fissue materials. major rule and has vertfled this I files (comments)'If contact The opuons available to licensees determinadon with the OfDce of FedWorld using F all files can be under this final rule include shipping Information and Regulatory Affairs, accessed and downloaded but uploads the material using different Omce of Management and Budget.

are not allowed, all you wul see is a list administrouve contmls Ee, sMpping it Backfit Analysts of fWes without desertpuons (normal as a fissue amterial and not using the Gopher look). An index file listi"8 all quantity limited exemption / general The NRC has determined that a fues wkhin a subdirect with license) or reducing the special backfit analysis is not required for this i is availabl there is a 15- moderating material concentrauon to final rule because these arnendments do i descripuans' minute time limit for FTP access' speelflod limits. The NRC staff believes not involve any provisions that would 4

the ftret opuon may prove more require backfits as defined in 10 CFR

! ***" ***"" I"**" I" ***' I b the W d ide Web,

• 8 h like FTP. that mode only provides List of Subjects in 10 CFR Part 71

access for downloading fues and does rk! to thm involved in reducing or rernoving the Criminal penaltnes. Hazardous

, not display the NRC Rules Menu. special moderaung material Under this materials transportanon. Nuclear For more informsuon on NRC bulletin opuon. the same number of shipments meterials. Packaging and containers, boards caH Mr. Arthur Davis. Systems are made as before the rule change, but R* Porting and recordkeeping insegration and Development Branch.

shipments of fissile materials containing requirements.

NRC, Washington, DC 20555-0001, special moderating material would be For the reasons set out in the t;lephone (301) 415-5780; e mail Preamble and under the authority of the made in NRC certifned packages. Under AXD3enre. gov. the latter option, the concentradon or Atomic Energy Act of 1954, as amended, Finding of No Significant 8Pecial moderating material might be the Energy Reorganization Act of 1974.

EnvironmentalImpact: Avaumbuity reduced through additional processing, as amended; and 5 U.S.C. 552 and 553, i perhaps involving cluudon or the NRC is adopting the following The Commission has determined- extract 6on. This opuon may involve amendments to 10 CFR Part 71.

under the National Environmental additional uansportation, either due to Policy Act of 1969, as amended, and the the increase in shipment volume due to PART 71-PACKAGING AND Commonsion's regulauons in Subpart A diludon, or the tra non of TRANSPORTATION OF RADIOACTIVE af 10 CFR Part 51, that this rule is not astracted maarbis ince the quamkhs BIATERIAL a nugar Federal acuan signifncendy affecting the quality of alw husun of anseted fissue matarlais are relatively 1. The authorny citauan for Part 71 amall, staff believes the additional environment, and therefore an conunues to reed as fonows- '

transportation would also be small anvironmental impact statement $15) is The two opuons provicle the acided Authori : Secs. 53, 57. 62,63. 81.161, not required 182,183. Saat. 930,932,933,935, 948.

M=ar crtucalHy safety comrol du rule The Cammteston's" Final aseks,either through the use of NRC-

naal $menant on the certmed packages, and the N1 29 t$C 30i3. 0 2092*

W93. 2111, 2201. 2232. 2233. 22970. secs Transportsuon of Radia=rtive Matertal adminisersuve controis associnesd wth 301, as amended. 202. 206. 9s $ sat.1240. as by Air and Other Modes." NUREG- their use, or through the reduction of amended. 1244,1246 (42 U.S.C. 5441,5842.

0170, dated December 1977,is NRC's alw concentration of special moderaung as46).

generic EIS, covering all types of maternals to an actspenbly low level. Secuan 71.97 also tenued under sec. 301, redtoective material transportanon by Thus, the ultimmte environrnental Pub L 96-295,94 Saat. 78S-790 aH modes $ced, rau, air, and weser). Impact of the rule is benefncial in that 2. Section 71.18 is revised to read as The total limited quantky impacts were ertucality safety is increased gogows.

Included in the overall eransportsuon '

rtak asenesment in NUREG-el?0 and Paperwork Reducuon Act Statement 671.1s eeneretlesense: Finstes massenal, found to be acceptable. The radiolosteal Tids final rule does not contain a new eness guanaty per pesamte safety impact enumstas in this EIS or amended informsuon collect 6on 6) A general 16 cense is tenued to any clearly bound the irspects for 11 mete.1 requirernent aut$ect to rW- -.. ..a of licensee of the Commission to transport

i i ae 5912 'FederEl Register / Val. 62, No. 27 / M:nday, February 10. 1997 / Rults and Regulations i [ Assue material or to deliver hasue material, including only one of the neutron sources in special form. the l material to a carrter for transport. SoHowing: transport index based on criticality

wkhout coniplying with the package (1) Up to 29 g of uranlun235; considerations may be taken as 0.025

standards of subperts E and F of this 2) Up to 18 g of uranium 233; times the number of grams of the fissue a

part,if the materialis shipped in (3) Up to 18 g of fissue radionuclides radionuclides of plutonium.

accordance with this section. of nium, or (3) Packages which have a transport I 6) The pnerallicense applies only to ) A combination of fissue index yester than 10 are not authorized e licensee who has a quality assurance radionuclides in which the sum of the under the pneral license provisions of I program approved by the Commission rettos of the amount of each this part l as nat'stying the provisions of subpart H radionuclide to the correspo 3. Section 71.22 is revised to read as

! of this part. maximum amounts in (d) g,gow, I (c) Except as provided in parayaph (1) 2), and (3) of this section does not i ($ of this section, this general license exceed unity. f t.32 eeneral times. Pissets noterlat, applies only when a package contains (s) Except for the beryllium contained quWltr.esaareens sMynant

! no more than a Type A of within the special form plutonium- (n) A pneralIkanse is lasued to any

smhaartive material. only one. beryllium sources =sh-tand in licensee of the Comndesion to transport of the following. h (c) of this section, this general Basile material, or to deliver hasue l (1) Up to 40 g of uranium-235; applies only when beryllium, suseertal to a carder for transport.

S) Up to 30 g of uranium 233; paphite, or hydrogesms innterial wtthout cossplying with the package O) Up to 25 g of the nasile enriched in douterium is not present in standards of Subparts E and F of this radionuclides of lutonium, except that quanthias exceeding 0.1% of the fissue part, if limited material is shipped in

!l for encapsulated lutonium beryuium insterial mass.

6)(1) Except as speelhed in paragraph accordance with this section.

! neutron seurces in special form, an A, D) The general license applies only to quantity of plutonium may be present; 8)(2) of this section for ere=p=alated a licensee who has a quality assurance l Pl utonium beryllium sources, this i or program approved by the Commission 1

(4) A combination of fnssile generallicense applies only when, a as satisfying the provisions of Subpart H

! radionuclides in which the surn of the packap %1abeled with a transport of this part.

i ratios of the amount of each index ro mes than the number given by (c) This general license applies only

! radionuclide to the corresponding the foHowing equation, where the when a package contains no more than I maximum amounts in parayaphs (c) (1), packap contains x pas of uranium- a Type A c;uantity of radioactive 1 9), and (3) of this asetton does not 235 y yams of uranium 233, and z santerial and no more than 400 g total exceed unity, pasm of the fissue radionuclides of of the fissile radionuclides of plutonium (d) For packages where fissue material Pl utonium- erraps=dased as plutonium-beryllium 4 is mixed wkh substances having an Minimum Transport Index = (0.25x + neutron sources in special form.

l sverage hydrogen density yester than 0.33y + 0.4z). (d) This general license applies only I i water, this general license applies only Q) For a package in which the only when:

when a packay contains no more than fissile material is in the form of (1)The mass of hasue radionuclides j a Type A quantity of radioactive encapsulated plutonium-beryllium in the shiprnent is lirrited such that the l

grams of utsnium-235 grams of otherfissile matenal l'

X Y where X and Y are the mass defined in Q) the ere=f== dated plutonium- radionuclides in the shipment does not I

the table following paragraph (d)(2) of beryllium neutron sources are in special exceed 2500 g.

this section; or form and the total mass of fissue

. PERT 4SSIBLE MASS LEETS FOR SHIPMENTS OF FisslLE MATERIAL i

Fiesse mete. Fissue mete.

semi nues ta) nei mass (g) mked weh mered wan poses nee,nsi submances autnsences hertig a hr. moyng a hy.

} #eGen density Wegen densq f esos een er yester inen l espel as unter water

) WentuM36(X) -

_ . . 300 290 onher assas assenst(y) .. . .. . . . _ 300 1so t

! (r) Except for the beryllium contained material enriched in deuterium is not authorized by DOT, in accordance with j wtthin the special form plutonium- present in quanthies exceeding 0.1% of 49 CFR Part 173 of its regulations. to

! beryUlum sources authoriand in the fissue material muss. prevent loading transport or storage of i parayaphs (c) and (d) of this section. 6) This pnerallicense applies only these packages with other flesile j this pneralIkanse appIles only when emertal shipments.

when shipment of these packages is i beryntum, paphite or 4. _ ; n--" snede under proceduras specincally i

I 4

i i

2 . Feder~-1 Register / Vel. 62, No. 27 / M:nday, February 10, 1997 / Rulss and Regul:tions 5913 5

! ! 4. Section 71.53 is revised to read as (s) through (d) of this section are exempt when berylliurn, graphite,or follows- Dom Gunde material classincation and hydrogenous material enriched in from the nestle maternal package deuterium is not present in quantitles I D'88 FI88 "8"F8'" standards of $$ 71.55 and 71.59 but are exceeding 0.1 percent of the fissue j Fassue materials meeting the subject to all other requirements of this meterial rass.

l requirements of one of the paragraphs in part.These esemptions apply only (a) Fissile material such that l gessesof

-235+ assses ofother Assile astonal 51 j X Y per en individual consignment, where X and 9)The Gentle nueertalcoastees of a (3) There is no more than Sg of flasile j Y are the esos halts dehnsd in taide *----

ts)p) at this section. - hydrogenous solution or menertalin any 10 user volume of

. M where the nenimwn rub d usesreal and the unterhl is packaged so a (1)Each package commins no nere hydrogen atoms to Gustle radionuclide as to maintain this limit of Assile i aban 15 g of ft:sile motorial. For asoms M is 5200 and the maximum sodionuclide concentathn during

unpackaged material the mass unit of concentration of nasue radionuelides nornal transport i 15g applies to the comeyance;or within a package is 5 g/ liter.or THE REQUIREMEN7S FOR PACKAGES CONTAIN;NG Fissli.E MATERIAL.

i nes.e -te. r.s.e -te.

ogmy ~gmy eestances sentences Fieses motortal having an ev- having an av.

l s

Tenney' EdeTy'

..es then or gester than espel to meter water l Urarium-25(X) ...-.. 400 200 1other assee meternal(Y) 250 100

?

l 0>) Uranium enriched in uranium-235 DEPARTMEfff OF ENERGY SUPPt.mIENTAftV edP0fueATION:

i to a rnaximum of I percent by weight.

i and with total plutonium and uranium. Feeletal Energy Regulatory Publication of Project Cost Limits 233 content of up to I percent of the Commission Under Blanket Certificates. Order of the Director, OPR nu me d 18 CFR Part157 Section 157.200(d) of the j homogeneously throughout the package

{ contents and does not form a lattice postat No. reb 1-# 400) cost 1 Acabbo notruction, acx u lon, operation and arungement within the package.

1 P@ Cost and AnnualLindts miscellaneous rel arrangement of j (c) Liquid solutions of uranyl nitrate Ancilities Fable I) authorized under the t enriched in uranium-235 to a maxirnum leeued Febnery 4.1997. blanket certincate procedure (Order No.

I of 2 percent by weight, with a total 234.19 FERC 161.216).Section I

plutonturn and uranium-233 content not agggy. Federal % Reguimory Commiselon* 157.215(a) speelfles the calendar year encending 0.1 percent of the mass of dollarlindt which may be expended on wantum-235.and with a minimum Acmost Final rule. wularyound storage aseting and altrogen to uranium atomic retto (N/U) development Emble 11) authorized under of 2. mantasty: Pursuant to the ==mhartty the blanket certincase. Section

($ Plunonium,less than 1 kg.of delegated by 18 CFR 375.307(e)(1), the 157.20S(d) requires that the "linuts Director of the Olnce of Pipenne epocined in TablesIand D shall be PI ,,, g,g hP donator of .21 each year. the ndar

,rf spec 1WE Date: knuary 1,1997. Pursuant to $ 375.307(e)(1) of the For the Nuclear llegulatory rhd=t post Pusmet esposseAftsse cturratrr:

John C. Hoyle. Michael J. McGehee. Division of pub .'

as adjusted as inflation, is delegnied to secroseryershe Commenfon. Pipeline Certincases.OPR 902) 208-the Derector of the Olnce of Pipeline FR Doc. 97-3175 Filed 2-7-97; 8:45 em] 2257. Regulation. The cost limits for calender aume sees non.m e years 1982 through 1997, as published in Table 1 of $ 157.20B(d) and Table 11 of $ 157.215(n), are hereby lenued