ML20198A883
| ML20198A883 | |
| Person / Time | |
|---|---|
| Issue date: | 12/03/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-62FR65039, RULE-PRM-40-26 NUDOCS 9801060122 | |
| Download: ML20198A883 (6) | |
Text
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'97 KC -8 P4 :01 NUCLEAR REGULATORY COMMISSION 10 CFR Part 40 OF n'.
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[ Docket No. PRM-40-26)
ADJUD';'~
- irif Chromalloy Tallahassee; Receipt of Petition for Rulemaking AGENCY
- Nuclear Regulatory Commission.
ACTIO;t Petition for rulemaking; Notice of receipt.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated July 17,1997, which was filed with the Commission by Chromalloy Tallahassee. The petition was docketed by the NRC on September 11,1997, and has been assigned Docket No. PRM-40 26. The petitioner requests that the NRC amend its licensing exemptions to establish an exemption from licensing requirements to include the M1 A1 Battle Tank Engine AGT 1500 which contains nickel-thorium.
4#dau. g 413,I9if DATE: Submit comments by (75 d: : -*-' ~h"crS. b t I;i;l":;f.::). Comments receivM after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for commerts received on or before this date.
ADDRESSES: Submit written comments to the Secretary of the Commission, U.S. Nuclear b
Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and
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11555 Rockvib Piko, Rockvib. Maryland, Adjudications Staff. Hand del,ver comments to:
between 7:45 a m. and 4:15 p.m. Federal workdays.
For a copy of the petition, write the Rules and Directives Brarich Division of Administrative Services, Office of Adminie,tration, U S Nuclear Regulatory Commission, Washington, DC 20555-0001.
The petition and copies of comments received may be inspected and copied for a at the NRC Public Document Room,2120 L Street, NW. (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: David L Meyer, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U S. Nuclear Regulato 301-415 7162 or Toll Fren:
Commission, Washington, DC 20555 0001, Telephone:
800 368 5642.
SUPPLEMENTARY INFORMATION:
The Petitioner The petitioner, Chroms!!oy Tallahassee (Chromalloy)is a Federal Aviation Administration approved Overhaul & Repair facility located in Florida, which is an NRC Agreement State. Chromalloy overhauls and repairs jet engine combustors, one of whic has a component, specifically the JT9D jet engine, that falls under the exemption from licensing found in 10 CFR 40.13(c)(8), as adopted by the State of Florida at Subsection 91.302(3) of the Florida Admhistrative Code.
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Background
The petitioner is interested in developing a repair for the M1 A1 ABRAMS Main Battle f
i Tank. The M1 A1 ABRAMS Main Battle Tank is driven by the AGT 1500 Gas Turbine Engine.
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The hot section or combustor of the AGT 1500 is made up of 15 splash rings and 15 fuel noules all of which are nickel-thoria alloy.- h.e thorium content of the nickel thoria alloy in the j
splash rings and fuel nenles contain less than 2% by weight and the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide). The petitioner i
stated that the splash rings and the fuel nozzles meet all the technical requirements of the current exemption, except that the exemplif n is limited to finished aircraft engine parts.
The NRC's current regulations state:
r i 40.13 Unimportant quantities of source material.
(c) Any person is exempt from the regulation in this part and from the requiremento for a license set forth in section 62 of the Act to the extent that such person receives, possesses, uses, or transfers:
(8) Thorium contained in any finished aircraft engine part containing nickel thoria alloy.
Provided. That:
(i) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and (ii) The thorium contsnt in the nickel-thoria alloy does not exceed 4 percent by weight.
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b The Petition The petitioner requests that the NRC smend its regulations in $ 40.13(c)(8) to establish an exemption from licensing requirements to include the M1 A1 Battle Tank En AGT 1500 which contains nickel thorium.
Because the petitioner is located in an NRC Agreement State, it requested that the Florida Department of Health grant an interpretation of the current exemption to includ M1A1 ABRAMS Main Battle Tank Engine. The petitioner stated that the Florida Departm of Health would not grant its request and advised the petitioner that Florida Departm Health was under the impression that the NRC was reevaluating the NRC's pos? ion
In support of its petition Chromalloy has referenced a petition for rulemaking submitted to the NRC by E.1. du Pont de Nemours & Company (PRM-40-6) dated Fe 13,1963, that requested the Commission's regulations be amended to establish an exemption from licensing requirements for persons receiving, possessing, using or importing into the United States any finished products or part fabricated of, or nickel-thorium alloys containing up to 4 percent thorium by weight. The petitioner poin that the NRC's response had been:
"the Commission has found that the possession and use in the United States of thorium contained in thorium metal alloys in which the thorium does not exceed 4 percent by weight is not of significance to the common defense and securi such activities can be conducted without unreasonable hazard to life or property.'
The proposed exemption was for 'any finished product or part;" nowhere in do the words ' aircraft engine parts" appear.
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The petitioner stated that the final exemption was not published until November 18, 1967 (32 FR 15872) and that the expression
- jet aircraft angines' is mentioned for the first time in that notico.
After consulting with the NRC, the petttioner believes that the material used for the exp3rimental test for tho final exemption must hcVe been from jet aircraft engines, which at 4
this stage in the devehpment and use of nickel thoria ccmponents in engines was the only application. This is possibly the reason that the exemption specifies only }et aircraft engines.
The M1,11 Battle Tank Engine AGT 1500 was not developed until after 1967. The M1A1 Batte Tank Engine AGT 1500 conialns the same nickel-thoria alloy as is contained in the JT90 jet engine. The petitioner also has pointed out that the material in the M1 A1 Battle Tank Engine AGT 1500 would produce the same results if put to the same experimental tests the Commission conducted in 19631967.
In support it its petition, Chromalloy asserts that the NRC considers that jet aircraft engine products are not intended for public use, and cites a Federal Register notico published by the Atomic Energy Commission on November 18,1967 (32 FR 15872) as a basis for this assertion:
- The Commission considers that finished aircraft engine parts containing nickel-thoria alloy are not products intended for use by the genera.1 public within the purview of 9150.15(a)(6) of 10 CFR Part 150, ' Exemptions and Continued Regulatory Authority in Agreement States Under Section 274.' Accordingly, the transfer of possession or control of such finished aircraft engine parts in Agreement States by the manufacturer, processor, or producer would not be regulated by the Commission."
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Finally, the potdioner asserts hat if the Commission does not view the presence of i
l nickel thoria in jet aircraf: engin'ts to be unsafe to the public, then the presence of nickel.
6 thoek ki tank engines should be reviewed ;n the same light because the puNc's exposure to l
battle tank engines is far less than the public's exposure to aircraft engines. Therefore, the f
1 petitioner believes that the exemption must apply to both the JTgD aircraft and the M1l i
s 1500 baNie tank gas turbine engine.
Dated at Rockville, Maryland, this j, day of December,1997, l
1 For the Nuclear Regulatory Commissicn.
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ohn C. Hoy,
/ Secretary of the Commission.
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