ML20151Y634
| ML20151Y634 | |
| Person / Time | |
|---|---|
| Issue date: | 08/26/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-63FR49413, RULE-PR-73 AG-2-5, AG00-2-005, NUDOCS 9809180296 | |
| Download: ML20151Y634 (5) | |
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NUCL, EAR REGULATORY COMMISSION % AUG 27. P3 :47 10 CFR PART 73 j RIN: 3150-AG00 Of+ :
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F i PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND ADJUL HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGEMCY: Nuclear Regulatory Commission.
ACTION: Direct final rule. ;
SUMMARY
- The Nuclear Regulatory Commission is amending its regulations conceming the physical protection of spent nuclear fuel and high-level radioactive waste stored at independent j l
spent fuel storage installations, monitored-retrievable storage installations, and geologic 1 repository operations areas. This action is necessary to correct the inappropriate inclusion of j surveillance / assessment an'd illumination systems within the requirement for tamper indication and line supervision.
EFFECTIVE DATE: The final rule igNgemgr 12,1998, unless significant adverse comment is received by (30 ':;; dr $; aiun in ine rwuwai %,.;a). If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on j
- j Federal workdays. ,
You may also provide comments via the NRC's interactive rulemaking website through j the NRC home page (http://www.nic. gov). From the home page, select "Rulemaking" from the
- tool bar. The interactive rulemaMng website can then be accessed by selecting "New Rulemaking Website." This site provides the ability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, ' (301) 415-5905, e-mail cag@nrc. gov. .q , 7 f/T ' / 3/*
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Copies of any comments received may be examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, D.C.
- FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-8110, e-mail pad @nrc. gov. :
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SUPPLEMENTARY INFORMATION:
Because NRC considers this action noncontroversial, the NRC is publishing it in final form while concurrently seeking public comment on the amendment in a proposed rule. This action will become effective on November 12,1998. However, if the NRC receives significant adverse comment by (30 days after publication in the Federal Register), the NRC will publish a j notice that withdraws this action, and will address comment received in response to the ]
requested revision which has been proposed for approval and is being concurrently published in t
the proposed rule section of this Federal Register. Any significant adverse comment will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on 1
this action.
Background
The purpose of this amendment to 10 CFR 73.51, " Physical Protection for Spent Fuel and High-Level Radioactive Waste" and, specifically, paragraph (d)(11), is to delete surveillance / assessment and illumination systems from the requirement for tamper indication and line supervision. These types of systems were added to this particular portion of the regulation in error and it is not the intent of the NRC that affected licensees provide tamper
' indication or line supervision for required surveillance / assessment and illumination systems.
This protection is not needed because these systems are considered "self-protecting," i.e., )
I tampering produces an obvious loss of function rather than an unobvious degradation. The requirement for surveillance / assessment and illumination systems to be maintained in operable condition remains unchanged. This rulemaking also supersedes guidance found in the Statement of Consideration of the Federal Register Notice for the Physical Protection for Spent 2 ,
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.d Fuel and High-l.evel Radioactive Waste (May 15,1998,63 FR 26955). On page 26960, under the section-by-section comparison of the proposed versus final rule, the discussion regarding proposed section 73.51(d)(13), revised as section (d)(11), is amended to be consistent with the corrective text of this rulemaking.
l Environmental Impact: . Categorical Exclusion l
' The Commission has determined that this final rule is the type of action descibed in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement .
This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150- ,
t 0002.
Public Protection Notification b If an information collection does not display a currently valid OMB number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information !
collection.
Regulatory Analysis ;
A regulatory analysis has not been prepared for this Direct Final Rule because this rule
.is corrective in nature and is considered a minor, nonsubstantive amendment; it has no i
economic impact on NRC licensees or the public.
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Regulatory Flexibility Certification I
- As required by the Regulatory Flexibility Act of 1989,5 U.S.C. 605(b), the Commission i certifies that this rule does not have a significant impact upon a substantial number of small entities. The regulation affects entities licensed to operate independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations ' ;
areas. These entities do not fall within the definition of small entities. l Backfit Analysis .
The NRC has determined that the backfit rule does not app!y to this rule and, therefore, a backfit analysis is not required because these amendments do not involve any provisions that i
would impose backfits as defined in 10 CFR Chapter I.
Small Business Regulatory Enforcement Faimess Act in accordance w>th the Gmall Business Regulatory Enforcement Faimess A:t of 1996, the NRC has determined that tbs action is not a major rule and has verified this determination
' with the Office of Information and Regulatory Affairs of OMB. .
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List of Subjects 10 CFR Part 73 Criminal' penalties, Hazardous materials transportaion, Export, import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, l Security measures.
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For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. ;
552 and 553, the NRC is adoptirq the following final amendment to 10 CFR Part 73.
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d PART 73-PHYSICAL PROTECTION OF PLANTS AND MATERIALS j 1.' The authority citation for Part 73 continues to read as follows:
AUTHORITY: Secs. 53,161,68 Stat. 930,'948,'as amended, sec.147,94 Stat. 780 l
(42 U.S.C. 2073, 2167,2201); sec. 201, as amended,204, 88 Stat.1242, as amended,1245, sec.1701,106 Stat. 2951, 2952, 2953 (42 IJ.S.C. 5841, 5844, 2297f).
8 Section 73.1 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232, 2241 (42 U.S.C,10155,10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, j 1
94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169). ]
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f 2. Section 73.51(d)(11) is revised to read as follows: )
i $ L3.51 Reauirements for the ohvsical orotection of stored noent nuclear fuel and hiah-level i radioactive waste.
4 l (d)
(11) All detection sistems and supoorting subsystems must be tamper indicating with line supervision. These systems, as well as surveillance / assessment and illumination systems, must be maintained in operable condition. Timely compensatory measures must be taken r ter discovey of inoperability, to assure that the effectiveness of the of the security system is n it reduced.
A Dated at Rockville, Mcryland, this2d day of August,1998.
For the Nuclear Regulatory Commission.
L. Josep1 C llan, Executive irector for Operations I
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