ML20155D123
| ML20155D123 | |
| Person / Time | |
|---|---|
| Issue date: | 08/19/1998 |
| From: | Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20155D105 | List: |
| References | |
| FRN-63FR49413, RULE-PR-73 AG-2-2, AG00-2-002, NUDOCS 9811030119 | |
| Download: ML20155D123 (31) | |
Text
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a necy hhbb1 3[Y) t E
UNITED STATES NUCLEAR REGULATORY COMMISSION f
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g WASHINGTON, 0,C. 2055!HX)01 g, .
- August 19, 1998 MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Carl J. Paperiello, Director Offi.ce'of N cle~a r Material Safety and Safeguards /.
SUBJECT:
CORRECTION TO 10k FR 73.51," PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
- Attached for your signature is a direct final rule and companion proposed rule (see Attachments 1 and 2) to be published concurrently in the FederalReaister to correct 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."
Backaround The subject regulation was published May 15,1998, (63 FR 26955) to clarify physical protection requirements for the storage of spent nuclear fuel and high-level radioactive waste at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. As published, the regulation contains a minor error that
- requires affected licensees to maintain tamper indicating circuitry and line supervision over the ,
surveillance / assessment and illumination systems. These types of systems have been considered "self-protecting" at sites, such as power reactors and Category I fuel facilities, because tampering produces an obvious loss of function as opposed to a degradation, as is possible for other types of systems, e.g., detection systems. Hence, the provision presents an ,
unnecessary and undue burden to affected licensees. There is no anticipated impact on affected licensees other than eliminating an unnecessary burden. No backfit was approved for the original final rule nor has been for the direct final rule.10 CFR 73.51 is effective on November 12,1998; the direct final ule will become effective on the same date.
CONTACT: Priscilla Dwyer, NMSS/FCSS (301) 415-8110 9811030119 981029 PDR PR 73 63FR49413 PDR
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L. J. Callan 2 Discussion Specifically, the amendment would revise 10 CFR 73.51 (d)(11), in part, from:
l 'All detection systems, surveillance / assessment systems, and supporting subsystems, including l illumination systems, must be tamper indicating with line supervision, and be maintained in operable condition."
l to:
"All detection systems and supporting subsystems must be tamper indicating with line supervision. These systems, as well as surveillance / assessment and illumination systems, must l be maintained in operable condition."
l On the advice of the Office of the General Counsel (OGC), staff has developed a direct final rule
- and a companion proposed rule that will be issued for a thirty day public comment period.
l Although none is anticipated, any significant adverse comment received on the proposed rule l will be addressed through the withdrawal of the direct final rule and issuance of a subsequent final rule.
Backfit Analysis The staff has determined that the backfit rule does not apply to this rule, and therefore, a backfit l analysis is not required because the amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I.
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- , Notices The direct final rule (Attachment 1) and the companion proposed rule (Attachment 2) will be published concurrently in the FederalRegister. The Approval for Publication notice is attached for your signature (Attachment 3). The appropriate Congressional Committees will be notified (Attachment 4). Letters to meet the provisions of the Small Business Regulatory Effectiveness Fairness Act have also been prepared (Attachment 5). A notice to the Commission that the L EDO has signed the direct final rule and companion proposed rule is attached for inclusion in the Daily Staff Notes (Attachment 6). The Office of Public Affairs indicates that a press release is l
not needed for this effort.
4 L. J. Callan 3 Coordination l
The Offices of Administration and Nuclear Reactor Regulation concur in these amendments, The Office of Congressional Affairs has reviewed and concurs on the Congressionalletters. The Office of the General Counsel has no legal objection. The Offices of the Chief Financial Officer, Chief Information Officer, Information Resources Management, and Enforcement previously concurred on the original final rule and have not reviewed this corrective amendment -
because there is no anticipated impact to their respective areas of responsibility.
Attachments:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register Notice -
Proposed Rule
- 3. EDO Approval for Publication l 4. Congressional Letters l
- 5. Small Business Regulatory Effectiveness Fairness Act Letters
- 6. Daily Staff Notes Item l
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o L. J. Callan 3 l
Coordination l
The Offices of Administration and Nuclear Reactor Regulation concur in these amendments.
The Office of Congressional Affairs has reviewed and concurs on the Congressionalletters. The Office of the General Counsel has no legal objection. The Offices of the Chief Financial Officer, Chief Information Officer, Information Resources Management, and Enforcement previously concurred on the original final rule and have not reviewed this corrective amendment because l
there is no anticipated impact to their respective areas of responsibility.
Attachments:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register Notice -
Proposed Rule l 3. EDO Approval for Publication
- 4. Congressional Letters
- 5. Small Business Regulatory Effectiveness Fairness Act Letters
- 6. Daily Staff Notes item DISTRIBUTION:
FRIB r/f RDS r/f NMSS r/f FCSS r/f NRC File Center NMSS Dir. Off. rif Gnisfsl. rte \dfr.COV OP/PftOOPED/AUG UST 15,1998 OFC FRIB* FRIB* NMSS* FRIB* FCSS ADM
! NAME PDwyer:jh LRoche EKraus TSherr E".'O. ach DMeyer l DATE 8/13/98 8/14/98 8/15/98 8/14/98 8/7/98 i OFC OCA* OGC* NRR* FCSS* NMSS,m .
NMSS NAME DRathbun STreby JWRoe EQTen Eyck h C
! DATE 7/13/08 8/10/98 8/10/98 8/17/98 8// 998 8/f/b8 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY l
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- ATTACHMENT 1 FEDERAL REGISTER NOTICE FOR DIRECT FINAL RULE l A
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[7590-01-P]
l NUCLEAR REGULATORY COMMISSION
- l. 10 CFR PART 73 l
RIN: 3150-AG00 PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND i HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
l-L
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 l 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.
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, tir.1ely notice will be published in the Federal Register.
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.
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 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.
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.gcv.
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.
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 supentision for required surveillance / assessment and illumination systems.
This protection is not needed because these systems are considered "self-protecting," i.e.,
tarnpering produces an obvious loss of function rather than an unobvious degradation. The requirement for sunteillance/ 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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l 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 1
The Commission has determined that this final rule is the type of action descibed in l categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmentalimpact l l
statement nor an environmental assessment has been prepared for this final rule.
l Paperwork Reduction Act Statement l
This final rule does not contain a new or amended information co!!ection 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 3150-1 0002. '
Public Protection Notification 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 economic impact on NRC licensees or the public.
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Regulatory Flexibility Certification l
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 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 i
The NRC has determined that the backfit rule does not apply to this rule and, therefore, i
l 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.
l Small Business Regulatory Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, l 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 1
l 10 CFR Part 73 l
l 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 l Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.
1 552 and 553, the NRC is adopting the following final amendment to 10 CFR Part 73.
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i 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). I 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, j 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 hioh-level l @ctive waste.
(d)
(11) All detection systems and supporting subsystems must be tamperindicating with l 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 day of August,1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan, Executive Director for Operations
1 ATTACHMENT 2 1 l
FEDERAL REGISTER NOTICE FOR PROPOSED RULE
(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: Proposed rule.
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 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.
DATES: Comments on the proposed rule must be received on or before (insert 30 days after publication 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 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.
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 website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail cag@nrc. gov.
_ - . . ~ .-~ _- . - . - . - - .- - . . -_-- . .. .-
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.
SUPPLEMENTARY INFORMATION:
l For additional information see the Direct Final Rule published in the Rules and l
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.
The NRC will not initiate a second comment period for this action in the event the direct final rule is withdrawn.
Environmental impact: 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 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 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0002.
l l 2
. . 1 Public Protection Notification I
If an information collection does not display a currently valid OMB control number, the j 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 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.
I 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 would affect entities licensed to operate independent spent fuel storage j installations, monitored retrievable storage installations, and geologic repository operations areas. These entities do not fall within the definition of small entities.
Backfit Analysis l 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.
List of Subjects i
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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l For the reasons set out in the preamble and under the authority of the Atomic Energy l Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and l 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 73.
1 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 (42 U.S.C. 2073,2167,2201); sec. 201, as amended,204,88 Stat.1242, as amended,1245, l
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. 30t , 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:
@ 73.51 Reauirements for the ohvsical orotection of stored scent 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 illutnination 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 day of August,1998.
For the Nuclear Regtlatory Commission.
L. Joseph Callan, l Executive Director for Operations.
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EDO APPROVAL FOR PUBLICATION '
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Acoroved for Publication The Commission has designated the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations specified in '
NRC Management Directive 9.17, " Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213,038,039, and 0310. l l \
l The attached direct final rule and companion proposed iule entitled " Physical Protection for 1 l Spent Nuclear Fuel and High-Level Radioactive Waste: Technical Amendment" revise 10 CFR l 73.51 to correct the inadvertent misplacement of surveillance / assessment and illumination I systems within the requirement for tamper indication and line supervision. Licensees subject to l 10 CFR 73.51 are those that store spent nuclear fuel and high-level radioactive waste at !
independent spent fuel storage installations, monitored-retrievable storage installations, and i
geologic repository operations areas.
l Neither the direct final rule nor the companion proposed rule constitute a significant question of policy, nor do they amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C I concerning matters of policy. I therefore find that this direct final rule and companion proposed rule are within the scope of my rulemaking authority and am proceeding to issue them.
Date L. Joseph Callan, ,
Executive Director for Operations.
4 0 ;
e ATTACHMENT 4 CONGRESSIONAL LETTERS
- o ano oy y* t UNITED STATES j
g NUCLEAR REGULATORY COMMidSION o & WASHINGTON, D.C. 20666 4 001
'+4 . . . . . ,d i
' 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.
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.
Dennis K. Rathbun, Director Office of Congressional Affairs t
Enclosure:
Federal Register Notice cc: Representative Ralph Hall
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 nnt 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 ame, ads a final rule appearing in the FederalReaister on May 15,1998 (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and high-level radioactive waste stored at ino ipendent 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 beirp issued as a proposed rule and will be subject to a 30-day public comment period, if sigt.nicant adverse comment is received, the direct final rule will be withdrawn and the comment addressed in a subsequent final rule.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Representative Ralph Hall Identical letters sent to: Senator James M. Inhofe Senator Bob Graham DISTRIBUTION:
FRIB r# NMSS r# FCSS r# NMSS Dir Office r/f RDS r# NRC File Center GNafsi.rle\conglet.dfr l
OFC FRIB FRIB FRIB FCSS FC SS NMSS NMSS OCA P4AME PDwyer;h , ,LRochs TSherr EWBrech EC Ten Eyck MKnapo CPaperello DRathbun DATE / 19 8 / 19 8 / 19 8 / 19 8 , 19 8 / 19 8 / /98 / 19 8 l C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY l
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- l. [p #a 44& UNITED STATES l j j NUCLEAR REGULATORY COMMISSION o WASHINGTON, D.C. 20555-0001
.....,o The Honorable James M. Inhofe, Chairman l 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:
i 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."
1 l
This direct final rule amends a final rule appearing in the Federal Register on May 15,1998 (63 I 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, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Senator Bob Graham i
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The Honorable James M. Inhofe, Chairman
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Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety l Committee on Environment and Public Works
- United States Senate l 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 Radioachve Waste."
This direct final rule amends a final rule appearing in the FederalReaister on May 15,1998 (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and i high-level radioactive waste stored at independent spent fuel storage installations, I 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, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Senator Bob Graham DISTRIBUTION:
FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f Central file G:\isfsi.rle\conglet.dfr CP/PROOPED/ AUGUST 18, 1998 I
OFC FRIB FRIB FRIB FCSS FCSS NMSS NMSS OCA NAME PDwyerJh LRoche TSherr EWBrach EOTen Eyck MKnapp CPapenello DRathbun DATE / $8 / M8 i /98 / /98 / M6 / M8 / M8 / M8 98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY
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[A KfCgDo O" 4 UNITED STATES j
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NUCLEAR REGULATORY COMMISSIOli o WASHINGTON, D.C. 2055M001
%...../ l Mr. Robert P. Murphy General Counsel General Accounting Office .
Room 7175,441 G Street, N. W.
Washington, DC 20548
Dear Mr. Murphy:
l 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 l CFR 73.51, " Physical Prctection for Spent Nuclear Fue I and High-Level Radioactive Waste."
The direct final rule will implement a minor correction f o 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reoister (63 FR 26955).10 CFR 73.51 codifies standards for protecting spent nuclear fuel and high-level radioactive v; ste 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.
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 Siner.ely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register Notice -
Companion Proposed Rule -
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Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175,441 G Street, N. W.
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 is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."
l The direct final rule willimplement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the FederalReaister (63 FR 26955).10 CFR 73.51 codifies standards for 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 l surveillance / assessment and illumination systems within the requirement for tamper indication i 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 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 I l 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 l have confirmed this determination with the Office of Management and Budget l Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register. Notice -
Companion Proposed Rule Distribution FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f j RDS r/f NRC File Center Commissioner Dicus OGC l Chairman Jackson Commissioner Diaz Commissioner McGaffigan RDB/ADM DOCUMENT NAME:G:\lSFSt.rLE\DFRSBRFA ce/enoormo/auauer is, tese O'C FRIB E FRIB FRIB FCSS FCSS NMSS NMSS OCA
, NAME PDwyer jh Lrsce TSherr EWBrach EOTen Eyck MKnapo CPapeneno DRathbun DATE / 198 / /9d / /98 1 /98 / /96 / /98 / /98 / /98 i C = COVER E = COVER & ENCLOSURE N = NO COPY 1 OFFICIAL RECORD COPY I
i
._- _ . _ _ - - . ~ _ _ .. - .
>QCECy 8 o q
y* UNITED STATES j
s NUCLEAR REGULATORY COMMISSION l t WASHINGTON, D.C. 20555-0001 s...../ l The Honorable Al Gore i 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 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 l 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.
1 Accordingly, attached is a copy of the direct final rule along with a companior, 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 d; rect 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 l have confirmed this determination with the Office of Management and Budget Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register Notice -
Companion Proposed Rule
a 9 The Honorable Al Gore President of the United States Senate Washington, DC 20510 l
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."
l The direct final rule willimplement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the FederalReaister (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.
Accordingly, attached is a copy of the direct final rule along with a companion proposed rule. l The proposed rule will be issued concurrently with the direct final rule and have a 30-day public l comment period. If sig nificant adverse public comment is received, the direct final rule will be j 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 I Sincerely, l
1 Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice - '
Direct Final Rule
- 2. Federal Register Notice -
Companion Proposed Rule l Distribution FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f Central file Commissioner Dicus OGC Chairman Jackson Commissioner Diaz Commissior,er McGaffigan RDB/ADM DOCUMENT NAME:G:\lSFSI.rLE\DFRSBRFA CP/ PROOFED / AUGUST 18.191MB i
oFC FRIO E FRIB FPIB FCSS FCSS NMSS NMSS OCA NAME PDwyer ;h LRoche TSherr EW8rach EOTen Eyck MKnapp CPapenello DRathbun
( DA1T / /98 / /98 / 19 8 / 19 8 / /98 / /98 / /98 / /98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY
4 pa cto u g i UNITED STATES g, ) "'
'f j NUCLEAR REGULATORY COMMISSION WASHINGTON, O C. 20555.-0001
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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 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 FederalReaister (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.
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, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice -
Direct Final Rule
- 2. Federal Register Notice -
Companion Proposed Rule
d 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 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 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 amerdment 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 Novemoer 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, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Federal Register Notice -
Direct Final Rule l
- 2. Federal Register Notice -
Companion Proposed Rule DISTRIBUTION:
FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f NRC File Center Commissioner Dicus OGC Chairman Jackson Commissioner Diaz Commissioner McGaffigan RDB/ADM ,
G:\lSFSI rLE\DFRSBRFA oceenoccso/auau y ... i l OFC FRIB E FRl8 FRIB FCSS FCSS NMSS NMSS OCA NAME PDwyer jh LRoche TSherr EWBrach EOTen Eyck MKnapp CPapenello DRathbun DATE / 19 8 / /98 / 19 8 / 19 8 / /98 / 19 8 / /98 # /98 i C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY
4 ATTACHMENT 6 DAILY STAFF NOTES ITEM i
. e l
DAILY STAFF NOTES OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Direct Final Rule Sioned by EDO On 1998, the Executive Director for Operations approved a direct final rule to amend 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste," published May 15,1998 (63 FR 26955). The action is necessary to correct the '
inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. A companion proposed rule is being issued concurrently with the direct final rule. If significant adverse comment is received, the direct final rule will be withdrawn and the comment will be addressed in a subsequent final rule.
This notice informs the Commission that in accordance with the rulemaking authority delegated I to the EDO, the EDO has signed this direct final rule and companion proposed rule and proposes to forward them on to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
l l