ML20154H220

Forwards Direct Final Rule to Amend 10CFR73.51, Physical Protection for Spent Nuclear Fuel & High Level Radioactive Waste

ML20154H220
Person / Time
Issue date:	09/18/1998
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Inhofe J, Schaefer D HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
References
FRN-63FR26955, RULE-PR-73 CCS, NUDOCS 9810140107
Download: ML20154H220 (3)

Text

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s y , 'a p (JNITED STATES g }, NUCLEAR REGULATORY COMMISSION o $ WASHINGTON, D.C. 20666-0001

• • • • • September 18, 1998 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed direct final rule to amend 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

This direct final rule amends a final rule appearing in the Federal Reaister on May 15,1998, (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The action is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

This action is concurrently being issued as a proposed rule and will be subject to a 30-day public comment period. If significant adverse comment is received, the direct final rule will be withdrawn and the comment addressed in a subsequent final rule.

Sincerely, fr45)f xp / k Dennis K. Rath un, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice k cc: Senator Bob Graham 9810140107 900918 CP ..o (lJ PDR PR 73 63FR26955 PDR ' '

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. i n crog, p & UNITED STATES g j NUCLEAR REGULATORY COMMISSION o $e WASHINGTON, D.C. 20065-0001 September 18, 1998 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed direct final rule to amend 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

This direct final rule amends a final rule appearing in the Federal Reaister on May 15,1998 (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored- '

retrievable storage installations, and geologic repository operations areas. The action is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

I This action is concurrently being issued as a proposed rule and will be subject to a 30-day  ;

public comment period. If significant adverse comment is received, the direct final rule will be j withdrawn and the comment addressed in a subsequent final rule. '

Sincerely.

N -

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Ralph Hall .

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR PART 73 RIN: 3150-AG00 PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND '

HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGENCY: Nuclear Regulatory Commission.

' ACTION: Direct final rule.

SUMMARY

The Nuclear Regulatory Commission is amending its regulations concerning the 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. l l

EFFECTIVE DATE: The final rule is effective November 12,1998, unless significant adverse ,

comment is received by (30 days after publication in the Federal Register). If the effective date is delayed, timely notice will be published in the Federal Register.

1 ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, l

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 Federal workdays.

Iou 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 tool bar. The interactive rulemaking 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 3

- website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail cag@nrc. gov.

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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.

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FOR FURTHER INFORMATION CONTACT: Barry Mendelsohn, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-7262.

SUPPLEMENTARY INFORMATION:  !

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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 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 i

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 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.,

l 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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Fuel and High-Level 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.

Environmental Impact: Categorical Exclusion 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 environmentalimpact ,

statement nor an environmental assessment has been prepared for this final rule.  !

Paperwork Reduction Act Statement i

This final rule does not contain a new or amended information collection requirement

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subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements wer spproved by the Office of Management and Budget, approval number 3150-0002.

Public Protection Notification i

If an information collection does not display a currently valid OMB number, the NRC l may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis i

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 economic impact on NRC licensees or the public.

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. . 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 entities. The regulation affects entities licensed to operate independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations l areas. These entities do not fall within the definition of small entities.

Backfit Analysis The NRC has determined that the backfit rule does not apply to this rule and, therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter 1.

Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this 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, Security measures.

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 adopting the following final amendment to 10 CFR Part 73.

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• PART 73-PHYSICAL PROTECTION OF PLANTS AND MATERIALS

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

.(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).

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, 94 Stat. 789 (42 U.S.C 5841 note). Section 73.57 is issued under sea. 606, Pob. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).

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2. Section 73.51(d)(11)is revised to read as follows:

73.51 Reauirements for the ohvsical orotection of stored scent nuclear fuel and hich-level radioactive waste. l (d)

(11) All detection systems and supporting subsystems must be tamper indicating with i line supervision. These systems, as well as' surveillance / assessment 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  ;

not reduced.

er Dated at Rockville, Maryland, this73 day of August,1998.

For the Nuclear Regulatory Commission.

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L. Josep1 C llan, Executive irector for Operations 4

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' CONGRESSIONAL CORRESPONDENG SYSTEM DOCUMENT PREPARATION GECETST

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This check flu is to be submitted with each document (or group of Qs/As) sentforprocessing into the CCS. .

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1. BRIEFDESCRIPTION OFDOCUMENT(S) 4a b .mL 2., TYPE OFDOCUMENT X CORRESPONDENG HEARINGS (QHAs)

3. DOCUMENT CONTROL __ SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONGkE5510NAL COMMuit:s AND SUBCOMMITIEE (ifapplicable)

Congressional Comminee Subcomminee

5. SURIECTCODES (A)

(B)

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(C)

6. SOURG OFDOCUMENTS (A) 5520 (DOCUMENT NAME )

(B) SCAN (C) ATTAGMENTS (D) 07HER

7. ShiLV LOGDATES (A) 16lq/9@ DATA OC4 SENTDOCUMENT TO CCS I I (B) DATE CC5 RECEIVED DOCUMENT (C) DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION (D) DATE RE5UBMITTED BY OCA TO CCS (E) DATE ENTERED !NTO CCS BY (F) DATE OC4 NOTIFIED THATDOCUMENT15IN CCS 4

COMMENTS:

RELEASE TO PDR y g,3