ML20154H259
| ML20154H259 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1998 |
| 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, PRESIDENT OF THE SENATE |
| References | |
| FRN-63FR49505, RULE-PR-73 CCS, NUDOCS 9810140120 | |
| Download: ML20154H259 (3) | |
Text
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f Eto y & UNITED STATES s* j 2.
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056M001 4 ,o 9*****
September 18, 1998 The Honorable Al Gore President of the United States Senate Washington, DC 20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."
The direct final rule willimplement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for protecting 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 amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the same date that 10 CFR 73.51 is effective.
i Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.
The proposed rule will be issued concurrently with the direct final rule and have a 30-day public j comment period. If significant adverse public comment is received, the direct final rule will be ;
withdrawn and the comments will be addressed in a subsequent final rule. I We have determined that this action 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 Sincerely, hv..e [ t
- l Dennis K. Rathbun, Director Office of Congressional Affairs
! l
Enclosures:
/ l
- 1. Federal Register Notice -
Direct Final Rule i
- 2. Federa! Register Notice - I
, Companion Proposed Rule 4
9810140120 980918 PDR PR (L2
. 73 63FR49505 PDR .
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. p dr o y 1 UNITED STATES s* j 2 ' '
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066Hoo1
\...../ September 18, 1998 The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Faimess Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51,
- Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."
The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for protecting 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 amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line st9ervision. There is no anticipated impact to affected licensees other than eliminating an unintie.1ded requirement. The correction will become effective on November 12,1998 - the same date that 10 CFR 73.51 is effective.
Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.
The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment period. If significant adverse public comment is received, the direct final rule will be withdrawn and the comments will be addressed in a subsequent final rule.
We have determined that this action 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 Sincerely,
~M [ JL -
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
l
- 1. Federal Register Notice - j Direct Final Rule '
- 2. Federal Register Notice -
Companion Proposed Rule i
.. . ~ . . . - .
I pa ne ug g i UNITED STATES g j e* '
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20665-0001 o
Y+9 ***** ,o September 18, 1998 Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175,441 G Street, N. W.
Washington, DC 20548 l
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 is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."
The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for l protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel l storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the same date that 10 CFR 73.51 is effective.
Accordingly, attached is a copy of the direct fir al rule along with a companion proposed rule.
The proposed rule will be issued concurrent!' nith the direct final rule and have a 30-day public comment period. If significant adverse pub comment is received, the direct final rule will be withdrawn and the comments will be addra ,ed in a subsequent final rule.
We have determined that this action is -ot a " major rule," as defined in 5 U.S.C. 804(2). We have confirmed this determination w!t h the Office of Management and Budget Sincerely,
-)Sr/ P'
~
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Red .er Notice -
Direct h:sl Rate
- 2. Federal Register Notice -
Companion Proposed Rule
- i. '
l .
, [7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR PART 73 RIN: 3150-AG00 ;
l PHYSICAL PROTECTION FOR SPENT NUCLEAR FbEL AND HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGENCY: Nuclear Regulatory Commission.
i
~ 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 sunteillance/ assessment and illumination systems within the requirement for tamper indication ,
and line supervision.
I EFFECTIVE DATE: The final rule is effective November 12,1998, unless significant adverse j i
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.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudicatior.s Staff.
l Deliver comments to 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on i
Federal workdays.
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
' 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 j 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.
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Copies of any comments receive l may be examined at the NRC Public Document Room,2120 L Street ikW (Lower Level), Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Barry Mendelsohn, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washingtdn. DC 20555-0001.
telephone (301) 415-7262.
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 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 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.
i i
Background
l 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 1
surveillance / assessment and illumination systems from the requirement for tamper indication j 4
and line supervision. These types or 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 l
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.,
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
4
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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 I 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 exciusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact j 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 3150-0002.
Public Protection Notification i 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.
F,egulatory 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 ect omic 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 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 I.
Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, j the NRC has determined that this action is not a major rule and has verified this determination l with the Office of information and Regulatory Affairs of OMB.
List of Subjects l
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.
4
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,10155,10.161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.d. 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 Reouirements for the ohvsical orotection of stored scent nuclear fuel and hich-level radioactive waste.
(d)
(11) All detection systems and supporting 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 after discovery of inoperability, to assure that the effectiveness of the of the security system is not reduced.
ofr Dated at Rockville, Maryland, this ?i day of August,1998.
For the Nuclear Regulatory Commission.
,, w _
L. Josep1 C llan, Executive irector for Operations
l ', '.
i I
[7590-01-P]
NUCLEAR REGULATORY COMMISSION l
10 CFR PART 73 1
! RIN: 3150-AG00 PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT i
l AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
l
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations concerning physical protection of spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and 1
geologic repository operations areas. This action is necessary to correct the inappropriate l
inclusion of surveillance / assessment and illumination systems within the requirement for tamper l indication and line supervision.
DATES: Comments on the proposed rule must be received on or before (insert 30 days I'
after publication in the Federal Register).
- l i
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 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 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
~
your web browser supports that function. For information about the interactive rulemaking l website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail cag@nrc. gov.
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. Barry Mendelsohn, Office of Nuclear FOR FURTHER INFORMATION CONTACT:
i Washington, DC 20555-Material Safety and Safeguards, U.S. Nuclear Regulatory Commiss on, 0001, telephone (301) 415-7262.
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 noncentroversial, we are publishing this proposed rule concurrently as a direct final rule. The direr,t 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 w a notice that withdraws the direct final rule, if the direct final rule is withdrawn, the NRC w address the comments received in response to the proposed revision in a subsequent fin The NRC will not initiate a second comment period for this action in the event the direct f rule is withdrawn.
Environmentalimpact: Categorical Exclusion The Commission has determined that this proposed rule is the type of action des in categorical exclusion 10 CFR 51.22 (c)(?), Therefore, neither an environmentalim statement nor an environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement 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 requirements were approved by the Office of Management and Budget, approval number 3150-0002.
l I
2 e- w
J
[ j. '.
t -
. . j i
. . a Public Protection Notification i If an information collection does not display a currently valid OMB control number, the ;
NRC may not conduct or sponsor, and a person is not required to respond to, the information :
collection. i Regulatory Analysis A regulatory analysis has not been prepared for this proposed rule because this rule is l considered corrective in nature and a minor, nonsubstantive amendment; it has no adverse economic impact on NRC licensees or the public. .
l Regulatory Flexibility Certification j l
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 l
' entities. The regulation would affect entities licensed to operate independent spent fuel storage I installations, monitored-retrievable storage installations, and geologic repository operations areas. These entities do not fall within the definition of small entities. l Backfit Analysis l
- i The NRC has determined that the backfit rule does not apply to this rule, and therefore, l a backfit analysis is not required because these amendments do not involve any provisions that I 1
would impose backfits as defined in 10 CFR Chapter I.
l l
List of Subjects l I
' Criminal penalties, Hazardous materials traasportation, Export, import, Nuclear
- materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, {
Security measures.- f 3 !
I l
'i e , t I I
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 .
I 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 73.
l
)
PART 73-PHYSICAL PROTECTION OF PLANTS AND MATERIALS i
- 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). l 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 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:
g 73.51 Reauirements for the ohvsical orotection of stored soent nuclear fuel and hiah-level radioactive waste.
)'
(d)
(11) All detection systems and supporting 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 after discovery of inoperability, to assure that the effectiveness of the of the security system is not reduced.
Dated at Rockville, Maryland, this '24 day of August,1998.
For the Nuclear Regulatory Commission.
s I.c. A L. Jo ph Callan, Executive Director for Operations. <
4
';~ ~ l.
, CONGRESSIONAL CORRB5PONDENG SYSTEM l
, DOCUMENT PREPARATION CBECELIST l 7his check list is to be submitted with each doannent (or group of Qs/As) sentforprocessing into the CCS. .
- 1. BRIEFDESCRIPTION OFDOCUMENT(5) A- % IQ
- 2. - TYPE OF DOCUMENT X CORRESPONDENCE REARING 5 (QHAs) i
- 3. DOCUMENT CONTROL _ SENSITIVE (NRC ONLY) X NON-5ENSITIVE \
. 1
- 4. CONGRESSIONAL COMMIT 1EE AND SUBCOMMITIEE (if applicable)
Congrenional Comminee l Subcomminee l 5, SUBJECT CODES (A) t (B) i (C) 6, 50URG OFDOCUME:YIS (A) 5520 (DOCUMEVT NAME )
(B) SC4N (C) ATTAGMENTS (D) OTHER l
l'
- 7. SMTEhlLpGDATES (A) /0/7/O DATA OC4 SENTDOCUMENTTO CCS (B) DATE CC5 RECETVED DOCUMENT (C) DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION (D) DA7E RESUBMITTED BY OC4 TO CCS (E) DATE ENTERED INTO CCT BY (F) DATE OC4 NOTIFIED THATDOCUMENT 15 IN CCS
, COMMENTS:
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RELEASE TO PDR
~.)vOU t
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