ML20137F217
| ML20137F217 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE |
| Shared Package | |
| ML20137F222 | List: |
| References | |
| FRN-60FR50248, FRN-62FR5907, RULE-PR-71 CCS, NUDOCS 9704010012 | |
| Download: ML20137F217 (6) | |
Text
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p UNITED STATES j
NUCLEAR REGULATORY COMMISSION wasmineron, o.c. semes.esa j
Pdruary 6,1997 i
i The Honorable Newt Gingrich i
Speaker of the United States j
House of Representatives Washington, DC 20515
Dear Mr. Speaker:
j Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness j
Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is j
submitting a final rule amending its regulations in 10 CFR Part 71 for fissile material shipments and exemptions. An NRC fuel cycle facility licensee, 4
Babcock & Wilcox (B&W), notified the NRC on September 11, 1996, that it discovered a defect in the curreat regulations in the NRC 10 CFR 71.53 and the DOT 4g CFR 173.453, which could cause nuclear criticality to occur in i
shipments of fissile material. The regulatory defect is not indicative of f
unsafe fissile material shipments in the past. Rather, it was identified by l
B&W during preparation for shipment of an unprecedented type of fissile material that could result in nuclear criticality under current requirements.
l This unique material is produced as a waste product from processing of i
strategic material resulting from operations to commercially downblend i
weapons-usable fissile material from the former Soviet Union. The NRC i
reviewed its regulations and determined that revisions to 10 CFR 71.53, j
71.18, 71.22 were needed on an emergency basis because shipments under these j
three sections can be made without specific NRC approval.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
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804(2). We have confirmed this determination with the Office of Management
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and Budget.
l Enclosed is a copy of the final rule, which is being transmitted to the Office l
of the Federal Register for publication. Neither a Regulatory Flexibility j
Certification nor a Regulatory Analysis has been prepared for this final rule j
which has insignificant economic impact on NRC special nuclear material licensees.
4 I
This rule will utilize the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's regulations, because providing public notice and comment is impractical and contrary to public interest in this case where an inadvertent criticality in
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the public domain could involve fatalities, health effects from the resultant i
radiation, and extensive clean-up costs. This rule will also utilize the
" good cause" exception to the APA requirement that a final rule must be j
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. published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective innediately. However, the public will. be provided a 30-day post promulgation comment period and the Comission will publish a response to significant comments in the Federal Register.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule
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5 UNITED STATES g
,j NUCLEAR REGULATORY COMMISSION WASHINGTON, o.C. spees-coot o
% *****+o February 6, 1997 The Honorable Al Gore President of the United States Senate Washington, DC 20510
Dear Mr. President:
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Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness i
Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 71 for fissile material shipments and exemptions. An NRC fuel cycle facility licensee, Babcock & Wilcox (B&W), notified the NRC on September 11, 1996, that it discovered a defect in the current regulations in the NRC 10 CFR 71.53 and the DOT 49 CFR 173.453, which could cause nuclear criticality to occur in shipments of fissile material. The regulatory defect is not indicative of unsafe fissile material shipments in the past. Rather, it was identified by B&W during preparation for shipment of an unprecedented type of fissile l
material that could result in nucle,ar criticality under current requirements.
l This unique material is produced as a waste product from processing of strategic material resulting from operations to comercially downblend weapons-usable fissile material from the former Soviet Union. The NRC reviewed its regulations and determined that revisions to 10 CFR 71.53, 3
71.18, 71.22 were needed on an emergency basis because shipments under these three sections can be made without specific NRC approval.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2). We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. Neither a Regulatory Flexibility Certification nor a Regulatory Analysis has been prepared for this final rule which has insignificant economic impact on NRC special nuclear material licensees.
This rule will utilize the " good cause" exception to the Administrative Procedure Act's (APA's) re@iremant for notice and coment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's regulations, because providing public notice and comment is impractical and contrary to public interest in this case where an inadvertent criticality in the public domain could involve fatalities, health effects from the resultant radiation, and extensive clean-up costs. This rule will also utilize the
" good cause" exception to the APA requirement that a final rule must be
i i
i l l
published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately. However, the public will be provided a 30-day post promulgation comment period and the Commission will publish a response to significant comments in the Federal Register.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule l
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1 UNITED STATES y
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NUCLEAR REGULATORY COMMISSION wassmeron,o.c.sessuem g
February 6, 1997 J
Mr. Robert P. Murphy General Counsel General Accounting Office i
Room 7175-441 G Street, NW j
Washington, DC 20548
Dear Mr. Murphy:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 71 for fissile material shipments and exemptions. An NRC fuel cycle facility licensee, j
Babcock & Wilcox (B&W), notified the NRC on September 11, 1996, that it 1
discovered a defect in the current regulations in the NRC 10 CFR 71.53 and the i
DDT 4g CFR 173.453, which could cause nuclear criticality to occur in sMpments of fissile material. The regulatory defect is not indicative of unsafe fissile material shipments in the past. Rather, it was identified by B&W during preparation for shipment of an unprecedented type of fissile material that could result in nuclear criticality under current requirements.
l This unique material is produced as a waste product from processing of j
strategic material resulting from operations to commercially downblend weapons-usable fissile material from the former Soviet Union. The NRC reviewed its regulations and determined that revisions to 10 CFR 71.53, 71.18, 71.22 were needed on an emergency basis because shipments under these three sections can be made without specific NRC approval.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
i 804(2). We have confirmed this deterair.ation with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office l
of the Federal Register for publication. Neither a Regulatory Flexibility I
Certification nor a Regulatory Analysis has been prepared for this final rule which has insignificant economic impact on NRC special nuclear material licensees.
This rule will utilize the " good cause" exception to the Administrstive Procedure Act's (APA's) requirement for notice and comment (5 U.S.s. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's i
regulations, because providing public notice and comment is impractical and contrary to public interest in this case where an inadvertent criticality in i
the public domain could involve fatalities, health effects from the resultant radiation, and extensive clean-up costs. This rule will also utilize the
)
" good cause" exception to the APA requirement that a final rule must be I
l
~:
. published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately. However, the public will be provided a 30-day post promulgation comment period and the Commission will publish a response to significant comments in the Federal Register.
Sincerely, M
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule
.