ML20151Y677
| ML20151Y677 | |
| Person / Time | |
|---|---|
| Issue date: | 08/26/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-62FR49505, FRN-63FR49413, FRN-63FR49505, RULE-PR-73 AG-2-6, AG00-2-006, PR-980826-01, PR-980826-1, NUDOCS 9809180322 | |
| Download: ML20151Y677 (4) | |
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~ PROPOSED RULE N 73 _
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NUCLEAR REGULATORY COMMISSION % AUG 27 P3 :47 l 10 CFR PART 73 RIN: 3150-AG00 . j E' I I PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT i l l
' AGENCY: Nuclear Regulatory Commission.
I ACTION: Proposed rule.
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SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations conceming physical protection of spent nuclear fuel and high-level radioactive waste stored at {
independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. This action is necessary to correct the inappropriate inclusion of surveillance / assessment and illumination systems within the requirement for tamper )
indication and line supervision. ;
g2efp8evlQ I498 DATES: Comments on the proposed rule must be received on or before (inoc.. .. __,.
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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 l 1
Federal workdays.
Copies of any comments received may.be examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, D.C. l You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http://www.nrc. gov). From the home page, select "Rulemaking" from the g I l
j tool bar. The interactive rulemaking website can then be accessed by selecting "New Rulemaking Website." The site provides the ability to upload comments as files (any format), if I
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. L; new d' - ( O 'M
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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.
l SUPPLEMENTARY INFORMATION:
For additionalinformation see the Direct Final Rule published in the Rules and
. Regulations section of this Federal Register.
Because NRC considers this action noncontroversial, we are publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on November 12,1998. However, if the NRC receives significant adverse comment on the direct ,
final rule by (insert 30 days after publication in the Federal Register), then the NRC will publish ,
a notice that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will :
address the comments received in response to the proposed revision in a subsequent final rule. l The NRC will not initiate a second comment period for this action in the event the direct final l rule is withdrawn.
EnvironmentalImpact: Categorical Exclusion The Commission has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmentalimpact statement nor an environmentsi assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement i
I This proposed 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 l
< number 3150-0002.
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'. 'o i Public Protection Notification
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If an information collechon does not display a currently valid OMB.controi number, the !
NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. j 1
Regulatory Analysis a
I A regulatory analysis has not been prepared for this proposed rule because this rule is considered corrective in nature and a minor, nonsubstantive amendment; it has no adverse economic impact on NRC licensees or the public. ,
t Regulatory Flexibility Certification ]
As required by the Regulatory Flexibility Act of 1989, 5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant impact upon a substantial number of small [
i entities. The regulation would affect 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.
Backfit Analysis I l
The NRC has determined that the backfit rule does not apply to this rule, and therefore, a backff analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter 1.
List of Subjects 10 CFR Part 73 Criminal penalties, Hazardous materials transportation, Export, import, Nuclear
- materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
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.t 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. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 73.
PART 73-PHYSICAL PROTECTION OF PLANTS AND MATERIALS
- 1. The' authority citation for Part 73 continues to read as follows:
l 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 U.S.C. 5841, 5844, 2297f). 1
)
Section 73.1 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232,2241 1
(42 U.S.C,10155,10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 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).
- 2. Section 73.51(d)(11)is revised to read as follows:
$ 73.51 Reauirements for the ohvsical orotaction of stored soent nuclear fuel and hiah-leve ;
i' radioactive waste. '
- j (d)
(ii) All detection systems and supporting subsystems must be tamper indicating with line supervision. These systems, as well as surveillance /assesement and illumination systems, must be maintained in operable condition. Timely compensatory measures must be taken after discovery of inoperability, to assure that the effectiveness of the of the security system is i not reduced. j Dated at Rockville, Maryland, this _Rf_# day of August,1998. l For the Nuclear Regulatory Commission. l t
4, L. Jo ph Callan, f
~ Executive Director for Operations. ,
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