ML20203F134

Forwards List of Individuals Designated by Governor to Receive Advance Notification of Transportation of Certain Shipments of Nuclear Waste & Sf Through State,As Required by Section 301 of Public Law 96-295

ML20203F134
Person / Time
Issue date:	02/21/1998
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	GENERAL
References
NUDOCS 9802270214
Download: ML20203F134 (27)

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Dear Governor's Uesignee:

FEB 211993 You are listed as the State official designated by your Governor

• to receive advance notification of transportation of certain shipments of nuclear waste and spent fuel through your State, as required by Section 301 of Public Law 96-295 and implemented by provisions in 10 CFR Parts 71 and 73 of the Nuclear Regulatory Commission's regulations. I have enclosed a copy of the applicable portions of the regulations for your information.

I have also enclosed a copy of the present list of Governors' designees, containing your address and telephone number. If any information on this list is incorrect, please correct it and return to the Office of State Programs. If we do not receive a response by June 1,1998, we will assume the information shown on the list is correct. The list of Governors' designees is required to be published in the Federal Reoister on or about June 30,1998.

During the year, please inform us of any changes which may arise in either appointment, address, or telephone number. Please note that changes in apoointment should be made by the Governor of your State.

Any inquiries on this matter should be directed to Spiros Droggitis of my staff at (301) 415-2367 or by INTERNET: SCD@NRC. GOV. You may also FAX corrections to Mr. Droggitis at (301) 415-3502.

Your cooperation in this matter is greatly appreciated.

Sincerely, Oric:nal SW P/

R!CH5RD L U/sRT Richard L. Bangart, Director Office of State Programs

Enclosures:

As stated Distribution:

DIR RF DCD (SP01)

RSLOs (5) PDR (YESf._ NO )

Advance Notification File DOCUMENT NAME: G:\SCD\ADV.98 To recr1ve a copo of this document, Indicate in the box: "C" a Co pryst%i attachment / enclosure 'E"_= Coon with attachrnent/ enclosure "N" = No cooy OFFICE 53 OSP OSP;DIMJ OSPQ'/ 7 l l NAME SDroggitis:nb PHLohaus W RLBangad ~'"

DATE 02/ 3 0 /98 02/?(f98 02/JI/98 9002270214 980221 OSP ME CODE: S%2 PDR STPRG ESGGEN PDR

• We have added your name as a substitute in those instances where we have learned I

gthe previous Governor's designee has left his or her position.

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/Y )*, UNITED STATES i

W ,j NUCLEAR REGULATORY COMMISSION

. e wAsw NOTON, D.C. 20 % 5 0001 b.,,,,* February 21, 1998

Dear Governor's Designee:

You are listed as the State official designated by your Governor

• to receive advance notification of transportation of certain shipments of nuclear waste and spent fuel through your State, as required by Section 301 of Public Law 96-295 and implemented by provisions in 10 CFR Parts 71 and 73 of the Nuclear Regulatory Commission's regulations. I have enclosed a copy of the applicable portions of the regulations for your information.

I have also enclosed a copy of the present list of Governors' designees, containing your address and telepaone number, if any information on this list is inwrrect, please correct it 1 and retum to the Office of State Programs, if we do not receive a response by June 1,1998, we will assume the information shown on the list is correct. The list of Governors' designees is required to be published in the Federal Reaister on or about . lune 30,1998.

During the year, please inform us of any changes which may arise in either appointment, address, or telephone number. Please note that changes in appointment should be made by the Guvernor of your State.

Any inquiries on this matter should be directed to Spiros Droggitis of my staff at (301) 415-2367 or by INTERNET: SCD@NRC, GOV. You may also FAX corrections to Mr Droggitis at (301) 415-3502.

Your cooperation in this matter is greatly appreciated.

Sincerely,

/c /Lt -

/b d i Richard L. Bangart, Director Office of State Programs

Enclosures:

As stated .

(

l J

• We have added your name as a substitute in those instances where we have teamed V that the previous Governor's designee has left his or her position.

INDIVIDUALS RECEIVING ADVANCE NOTIFICAllON OF

, NUCLEAR WASTE SHIPMENTS STATE PART 71 PART 73 ALABAMA Col. L. N. Hagan, Director same Alabama Department of Public Safety

P.O. Box 1511 Montgomery, AL 36102 1511 (334) 242-4378 ALASKA Doug Dasher same Alaska Department of Environmental Conservation Northern Regional Office 610 University Avenue Fairbanks, AK 99709-3643 (907) 451-2172

, ARIZONA Aubrey V. Godwin, Director . same Arizona Radiation Regulatory Agency 4814 South 40th Street Phoenix, AZ 85040 (602) 255-4845, ext. 222

24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s

(602) 223-2212

-l ARKANSAS David D. Snellings, Jr., Director same Division of Radiation Control and Emergency Management Arkansas Department of Health 4815 West Markham Street, Mail Slot #30 Little Rock, AR 72205-3867 (501) 661-2301 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (501) 661-2136 CALIFORNIA Lt. Ray Wineinger same California Highway Patrol P.O. Box 942898 Sacramento, CA 94298-0001 (916) 327-3310 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (916) 445-2211

STATE PART 71 PART 73 COLORADO Captain A' tan M. Turner same Hazardous Materials Section Colorado State Patrol 700 Kipling Street, Suite 1000 Denver, CO 80215-5865 (303) 239-4546 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (303) 239-4501 CONNECTICUT Commissioner Arthur J. Rocque, Jr. same Department of Environmental Protection 79 Elm Street Hartford, CT C6106-5127 (860)424-3001 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (860) 424-3333 DELAWARE Karen L. Johnson, Secretary same Department of Public Safety P.O. Box 818 Dover, DE 19903 (302) 739-4321 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (302) 739-5851 FLORIDA Harlan Keaton, Manager same Bureau of Radiation Control Environmental Radiation Control Department of Health P.O. Box 680069 Orlando, FL 32868-0069 (407) 297-2095 GEORGIA Al Hatcher, Director same Transportation Division Public Service Commission 1007 Virginia Avenuo, Suite 310 Hapeville, GA 30354 (404)559-6600 HAWAll Bruce S. Anderson, Ph.D. same Deputy Director for Environmental Health State of Hawaii Department of Health P.O. Box 3378 Honolulu, HI 96813 (808)586-4424

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STATE PART 71 PART 73 IDAHO Captain David C. Rich same Department of Law Enforcement Idaho State Polite P.O. Box 700 Meridian, ID 83680-0700 (208) 884-7206 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (208) 334-2900 ILLINOIS Thomas W. Ortciger, D; rector same Illinois Department of Nuclear Safety 1035 Outer Park Drive 5th Floor Springfield,IL 62704 (217) 785-9868 24 Hours: (217) 785-9900 INDIANA Melvin J. Carraway, Superintendent same Indiana State Police Indiana Government Center North 100 North Senate Avenue Indianapolis,IN 46204 (317) 232-8248 IOWA Ellen M, Gordon, Administrator same Emergency Management Division Hoover State Office Building Des Moines, IA 50319-0113 (515) 281-3231 KANSAS Frank H. Moussa, M.S.A. same Technological Hazards Administrator Department of the Adjutant General Division of Emergency Management 2800 S.W. Topeka Boulevard Topeka,KS 66611-1287 (785) 274-1409 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (785) 296-3176 KENTUCKY John A. Volpe, Ph.D., Manager same Radiation and Toxic Agents Section Cabinet for Human Resources 275 East Main Street Frankfort, KY 40621-0001 (502) 564-3700

4 STATE PART 71 PART 73 LOUISIANA Captain Joseph T. Booth same Louisiana State Police 7901 Independence Boulevard P.O. Box 66614 (#21)

Baton Rouge, LA 70896-6614 (504) 925-6113 MAINE Chief of the State Police same Maine Dept. of Public Safety a State House Station setusta, ME 04333 (207) 624-7000 MARYLAND First Sgt. Wellington Gray same Maryland State Police Communication Services Division 1201 Reisterstown Road Pikesville, MD 21208 (410) 653-4208 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (410) 653-4200 MASSACHUSETTS Robert M. Hallisey, Director same Radiation Control Program Massachusetts Department of Public Health 305 South Street,7th Floor Jamaica Plain, MA 02130 (617) 727-6214 MICHIGAN Captain Stephen D. Madden same Commanding Officer Special Operations Division Michigan State Police 714 S. Harrison Road East Lansing, MI 48823 (517) 336-6263 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (517) 336-6100 MINNESOTA John R. Kerr, Assistant Director same Planning Branch Division of Emergency Management Department of Public Safety B5 - State Capitol 75 Constitution Avenue St Paul, MN 55155 (612) 296-0481 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (612) 649-5451

5 STATE PART 71 PART 73 MISSISSIPPI James E. Mahe:, Director same Emergency Management Agency P.O. Box 4501 Fondren Station Jackson, MS 39296-4501 (601) 352-9100 MISSOURI Jerry B Uhlmann, Director same En urgency Management Agency P.O. Box 116 Jefferson City, MO 65102 (573) 526-9101 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (573) 751-2748 MONTANA George Eicholtz, Coordinator Jim Greene Radiological Health Program Administrator, Montana DPHHS, Licensure Bureau Disaster &

P.O. Box 202951 Emergency Services Helena, MT 59620-2951 P.O. Box 4789 (406)444-5246 Helena, MT S0604 (406) 444-6911 NEBRASKA Major Bryan J. Tuma same Nebraska State Patrol P.O. Box 94907 Lincoln NE 68509-4907 (402) 479-4950 24 b;urs: (402) 471-4545 NEVADA Stanley R. Marshall, Supervisor same Radiological Health Section Health Division Department of Human Resources 1179 Fairview Drive, Suite 102 Carson City, NV 89701-5405 (702) 687-5394 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (702)687-5300 NEW HAMPSHIRE Richard M. Flynn, Commissioner same New Hampshire Dept. of Safety James H. Hayes Building 10 Hazen Drive Concord, NH 03305 (603) 271-2791 (603) 271-3636 (24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) l

4 6-SIATE PART 71 PART 73 NEW JERSEY Kent Tosch, Manager same Bureau of Nuclear Engineering Department of Environmental Protection CN 415 Trenton, NJ 08625-0415 (609) 984-7701 NEW MEXICO Max D. Johnson, Bureau Chief same Technological Hazards Bureau Department of Public Safety P.O. Box 1628 Santa Fe, NM 87504-1628 (505)476-9620

• 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (505) 827-9126 NEW YORK Edward F. Jacoby, Jr. same Director State Emergency Management Office 1220 Washington Avenue Building 22 - Suite 101 Albany, NY 12226-2251

-(518)457-2222

- NORTH CAROLINA First Sgt. T. C. Stroud same Hazardous Materials Coordinator North Carolina Highway Patrol Headquarters 512 N. Salisbury St., P.O. Box 29590 Raleigh, NC 27626-0590 (919) 733-5282 After hours: (919) 733-3861.

NORTH DAKOTA Dana K. Mc,unt, Director same Division of Environmental Engineering North Dakota Department of Health 1200 Missouri Avenue, Box 5520 Bismarck, ND 58506-5520 (701) 328-5188 After hours: (701) 328-2121 OHIO James R. Williams same Chief of Staff Ohio Emergency Management Agency 2855 W. Dublin-Granville Road Columbus, OH 43235-2206 (614) 889-7150

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7 STATE PART 71 PART 73 i

OKLAHOMA Bob A. Ricks, Commissioner same Oklahoma Department of Public Safety P.O. Box 11415 Oklahoma City, OK 73136-0145 (405)425-2001 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (405) 425-2424 OREGON David Stewart Smith, Administrator same Energy Resources Division Oregon Office of Energy 625 Marion Street, N.E.

Salem, OR 97310 (503) 378-6465-PENNSYLVANIA John Bahnweg same

. Director of Operations and Training 3

Pennsylvania Emergency

. Management Agency P, O. Box 3321 Harrisburg, PA 17105-3321 (717) 651-2120 RHODE ISLAND William A. Maloney same Associate Administrator

- Motor Carriers Section Division of Public Utilities and Carriers 100 Orange Street Providence, RI 02903 -

(401) 277-3500, ext.150 SOUTH CAROLINA Vel R. Autry, Director same J

Division of Radioactive Waste Management South Carolina Department of

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Health & Environmental Control 2000 Bull Street Columbia, SC 29201 (803) 896-4244-Emergency: (803) 253 6488 SOUTH DAKOTA Gary N. Whitney, Director- same Division of Emergency Management 500 E. Capitol Avenue Pierre, SD 57501-5060 (605) 773-3231

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STATE PARI.l.1 PART 73 TENNESSEE John D. White, Jr. Director same Tennessee Emergency Management Agency 3041 Sideo Drive Nashville, TN 37204 1504 (615) 741 0001 After hours:

(Inside TN) 1 800 262 3300 (Outside TN) 1 800 258-3300 TEXAS Richard A. Ratliff, Chief Col. Dudley M. Thomas Bureau of Radiation Control Director Texas Department of Health Texas Department af 1100 West 49th Street Public Safety Austin, TX 78756 Attn: EMS Tech. Hazards (512) 834 6688 P.O. Box 4087 Austin, TX 78773-0001 (512)424 2429 (512) 424 2277 (24 hrs)

UTAH William J. Sinclair, Director same Division of Radiation Control 168 North 1950 West P.O. Box 144850 Salt Lake City, UT 84114-4850 (801) 536-4250 After hours: (801) 536-4123 VERMONT Glenn Gershaneck, Secretary same Vermont Transportation Agency 133 State Street Montpelier, VT 05633 5001 (802) 828 2657 VIRGINIA L. Ralph Jones, Jr., Director same Technological Hazards Division Department of Emergency Services Commonwealth of Virginia 310 Turner Road Richmond,VA 23225 (804) 67/-2400 l WASHINGTON Ueutenant Gail R. Otto same Washington State Patrol l P.O. Box 42600 Olympia, WA 98504 2600 (360) 753-0565 l

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STATE PART 71 PART 73 WEST VIRGINIA Colonel Gary L. Edgell same Supenntendent West Virginia State Police 125 Jefferson Road South Charleston, WV 25309 (304) 746 2111 WISCONSIN Steven D. Sell, Administrator same Wisconsin Division of Emergency Management P.O. Box 7865 Madison, WI 53707 7865 (608)242 3232 WYOMING Captain L. S. Gerard same Motor Carrier Officer Wyoming Highway Patrol 5300 Bishop Boulevard P.O. Box 1708 Cheyenne, WY 82003 1708 (307) 777-4317 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s: (307) 777 4321 DISTRICT OF Norma J. Stewart, Program Manager same COLUMBIA Pharmaceutical, Radiological, and Medical Devices Control Division Department of Consumer and Regulatory Affairs 614 H Street, NW Washington, DC 20001 (202) 727-7218 After hours: (202) 727-6161 PUERTO RICO Hector Russe Martinez, Chairman same Environmental Quality Board P.O. Box 11488 San Juan, PR 00910 (787) 767-8056 or (787) 767-8181 GUAM Jesur T. Salas, Administrator same Guara Environmental Protection Agency P.O. Box 22439 GMF Barrigada, Guam 96921 (671)475-1658/9

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I 10 l l STATE PART 71 PART 73

, VIRGIN ISLANDS Roy L. Schnelder, Governor same Govemor's Office 2122 Kongens Gade St. Thomas, Virgin Islands 00802 (809) ??4 0001 AMERICAN SAMOA Pati Faial same Government Ecologist Environmental Protection Agency 4

Office of the Governor Pago Pago, American Samoa 96799 (684) 633 2304 COMMONWEALTH OF Nicolas M Leon Guerrero, Director same THE NORTHERN Department of Natural Resources

, MARIANA ISLANDS Commonwealth of Northern Mariana Islands Government Capitol Hill Saipan, MP 96950 (670) 322 9830 or (670) 322 9834 1

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. . l 896 Federal Regletoe / Vol. 47. No. 3 / Wednesday, letnuary a.1982 / Rules and Regulations __

in occardence with stenderde for apprend This will be bened spee the cepecevr of the meltnele etnoe (aformation Mgedng euereotme fotAhties and handhng procedures opprove4 quareetme tenhiy to berigie th* these shipments contelns pensitive for importetson of birds se petmded to Pan SI birde The murster af birds en the perone wiu Hfegunde dete wM omst be not eateed this espadty.

of 9 CIR.

e fI)If the pole referred to to parearmadi P' CI'd

. . e e a hs WrMAHto oMW eecuae an We by mm Dam W 6. N

' 11 8 " *'h" tU I* POR pumm peons &Anoel CodACT1 (8H'in 7;are eddei 9211(io r ed[7)(lil)(B) erconsid,,,d a 3,,e[ta see.,t,,"**d ** ohn P.Robntsace of Nuchat l

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• tmme.aste secounung of ou tdrde is the eterial Safety and Safeguards. U.S.

f acility shaU to made by the Servios if eey Nuclear Regulatory Commission.

g (f) * *

• trosthe ly*ee btrde factuty, are determined the quaranune periodto w be enkeNt. Washington, D.C. 30555 (Telephone:

I '*=d d iar au i **>= ' '"*7 *o2-<r'-*>o$)-

e dbeee e e 3,,,* , . e.,

e e e pr$g , , ,

eue,messenAny womsario.s:

(3) To losue or validate permits on a timely 13. In j 91.11W7)(lM 6e I*Ck8""E b degnding upon the evallebluty of M fou b elp a w bi d Mon W M1M95 requires the Nuclear Regulatory to removed.

(4)To inform the Coopnetor when a Comm!selon to a diagnosle of VVND be been made in sey AL Section 92.11(f)(8)la removed.

facihty, 16.In i 91.11($). the introductc ry P su regulahne providing for umely (5)1o prornptly inform the Embasey or language up to the, colon le revised to sotthcetion to the Covernot of soy Stau Consulate of the foreign country to which tote reed: priot to h transport of nuclear wnte,

} of birds.refvoed entry into the United States . . . . . including opent nuclear fuel to, through. or i

r due to e d6agnosle of VVND, are to be (g) Charges for perdces The cht sye acron h boundarin of euth State. Such notification requirement shall not apply to shipped. to be borne by the operstor for services mucitar weste in euch quanutin and of such (a) To notify in writing the Cooperster of en designsted employee which the Service Pr vided for 9varantine facultlH befteves should to et pended from work at approved in accordants with partgraph t((" es h Coeualsalon rminee do not epocificaUy a potenusuy the opproved querenune f acthey and the (I) of this section shall be: significant hasard the beslth and safety of 1, eels for such ett on. Similar notice shall14 * * * *

• h pubuc.

afforded to the designated employee. (41 Stat. I'0, sec.1. 83 Stah PEL se amended. On December 9.1960, the hh, Subuquent to euch suspenelon, the sec.11. to Stat. yM. u amended, esca. L 8.

and 4. re Stat 120. Sto, and pec. It rt Stat pubilsbed a Federal kegleter notice (45 doignaud emp5yn shall have the right to regunt an tmmediate review of euch setion 132 (t U.S C obob and rt IJ A C 111.1taa. FR 81058) inviting pubhc comments on a by the Deputy Administrator.Vetertnery 1Ha 1Hb. tuc. and IMI rwpecuvely)) Propond rule providing for advance Services. incfuding pruenung h4 views to Done et Weshington, D.C., thle aeth dey of notification to governors of states of the the Deputy Adminlettstor in en infor'nel December test. transportauon of nuclear waste. The 90-l Atwell, day comment period expired March 9.

In af Id er tion t de Deputy Adminhtrtraor. Veterinary 5erriose 1981. Copies of the proposed rule with a ealeted to euerend such eroployee, he shall request for comments were also 6ent to notify the Cooperator and the suspended tr* b= ews Fuen 64a Me )

amtmas cosa oes. ewe state governors. The final rule is employn of his duiston and such empbyee essentially the same as the proposed shou be discharged by the Cooperstor. _ _ . _ _ . _ .

I (t) Prior to any final determina' ion being rule except thatits scope has been made by the Service tuncarrang the discher3* NUCLE;AM REOULATORY restricted to cover only large quantity of any designated personrel employed by the COMMISSON (defined in l 71.4(f) as exceechng Type B Cooperator, the Service wiu inform,in radioactivity limits) shipments of 10 CFM Port 71 radioactive waste and spent fuel not i he soYne of e$e e for a tosutfsuch ** "" b *b'"*'"" * *

• l o persen contnte each acton be or she shau be Advance Nottfication to States of prodstons of to CFR Part 73.

pensitted to present has or her views to the Transpor%Uon of Cor%M Types of i Deputy Administrator.Veurtnary Services. N eoloar W este %e Rule provided such request is n.ade wttius 30 days The Commission and the Department of the receipt of the aforemantioned written Agg,ecyt Nuclear Regulstory noticw. If a final determineuen to made by the Commission. of Transportstion (DOT) bave Deputy Admirdstrator that such personnel established potkaging standards for should be d3scharred, be shau confy such A lose. Final rule- packages for various quantitles of persortnel and the Cooperator of such SunsesARY:The Commissionle amending radioactive material to provide for deunninsnon. its regulations to implement a federal adequate safety of the ublic.There are statute which requires the NRC to two basic categories t. packages. Type

11. In l 9211(f)(7)(til)(C), paragraphe promulgate regulations providing for A and Type B. Type A packeges toust be (1). (2). and (3) are redesignated (3). (4). timely nott!1 cation to the governor of designed to withstand the rigors of and (5) respectively, and new any state prio* to transport of certain nortnal transport but are not designed to paregraphs (1) and (2) are added to types of nuclear weste, including spent wtthstand trarwport accidents, read: fuel, to, through, or across the toundary Therefore, the quantities and types of

• * * *

• of thet state.This notification provideo radiosctivs material which mey bs (f)* *

• the governor advaace information, not transported in Type A packages are otherwise avellable to the gevamor, limited s3 that. U material release occurs l7) * *

• related to nuclear waste transportation tn an socident. no algnificant hazard to Illi) * *

• public bealth and safety would result.

(C)It is Mutuolly Agreed and in his state. Shipment of spent fuelle Understood covered under a eeparate amendment to Type B packages, which contein larger the Commisslan's regulations on the quantities of radioactive material, are (t)That e aasimum capecity wiu be designad to withstand both the cormal estabbahed for each approved gerenLLae lot physical protection of plants and

4 Tederal Register / Vol. 47, No. 3 / Wednesday. January 6,1982 / Rules and Regulations 897 i

conditions of transport and epecified curnntly available, the Commission has ne amendment to to Cm part 71 will l ecc dent condluono. While limita are set determined that its conclusion on the requits licensees to supp the folloMy for Type B quantities of redloactive adequacy of existing 10 CTR part 71 trtformauon: the name, a ss, and materials. there are no quanuty limits with respect to the safety of radioactive telephone number of the shipper, natrier for radioatuve matenal per se in Type B material transportauon should be and receiver of the shipreent, a containers. Accordingly,quanuties reaffirmed. It also has determined that, description of the material to be larger than Type B, designated large in accordance with the intent of transported, point of ortgin, estimated quantitles, may also be transported in Congnes in Section 301 of Pub. l. 9& period of departure, estimated periods of Type B containers. llowes er, regulatory 395, for shipments of radioactive waste arrival at state boundaries, the requirements, which set limits on suc.h which include large quantiues of destinauen of the shipment, the factors as welght, volume, decay heat radioactive weste and spent fuel estimated eriod of arrival, and a point generation, and criticality control, place required to be shipped in Type B of contact or current shipment practical restrictions on the contents of packs prenotificauon shall be informstlen. %Is information would be Type B containers. require . Shipments of all other types of provided by mall postmarked at least The NRC has recently affirmed the radioactive materials do not se a seven days er delivered by messenger at adequacy with respect to safety'of potentiall significant ha to the least four days in advance of the esisting 10 CFR part 71 in its public be th safety, and such types of estimated erlod of departure, to the Withdiswal of Advance Nouce of materials are excluded from obipmer:t offices of e govemors of affected Rulemaking " Radioactive Material prenotification requirements. states of their designets. A new l packaging and Transportation by Alt," He NRC also recognizes that, while information requirement con'ained in a I (46 TR 21819, April 13,1981). In reaching the term "large quantit " may be recent DOT rulemakin " Radioactive l this conclusion,it cited NUREG-0170, eliminated as a result f proposed hitterial Routing and ver Training the Final Environmental Statement on rulemaking to revise twulations for the Requirements." 46 TR 6298, January 19, the Transportation of Radioactive trans ottation of radioutive material to 1981) ay lessen the impact cf this h!sterial by Air and Other hiodes, mak them compatible with those of the amen ent since ohlppers are on notice which, siter considerin the types and International AtomicEnergy Agene that they may need to develop quantitles of materials hipped in Type (" packaging of Radioactive hinteria for procedures for r orting to DOT and can A and Type B and lar quanuty Transportation and Transportation of arrange to exte this effort to include packasing. ststee the e potential risk Radioscuve histerial Under Certain NRC, The DOT Tinal Rule "Radioscuve of transportation is small. Condluons, Compatibility with IAEA histerials: Routing and Driver Training Radioactive material shipments, Regulations," 44 TR 48234, at 48236, Requirements," would require that route including spent fuel shipments, were Au st 17,1979), this revision will plans for la quanut shipments be considered in NUREG-01?0 and are ad ese types and uanUUes of submitted i eDOT terials subject to the NRC regulations in 10 CFR radioactive materi : presently covered Transportation Buresu (49 CTR 173.12(c) part 71 whlch the Commis.lon found to under these re lations so that no 46 TR 5298 at 6316 January 19,1981).

be adequate with respect to purpose woul be served at this time in transportation safety, llowever, tho This final rule, unlike the DOT Tinal ottempti in th!s rulemaking to Congress in Section 301(s) of Pub. l. 96- separate y redefine the term "large Rule (46 m 8298), anech onh NRC 295 has specifically required quantity" for advance notification, licensees, resulting. at the outset,in a renotification for spent fuel sh mente, in accordance with the intent of situeUon where governors will not us, while Conpess leaves to e Congress and consistent with the receive notification concerning a Comatission's udgment, on the basis of Commission's determination that fraction of the total number of iotential signi cant hatard to public shipments of radioacUve waste do not shipmenta, since some shipments of talth and safety, which es of ose a olentiall significant hazard to interest will be made by Agreement riuclear waste ma be exc ded from e he th and s ety of the public, the State licensees.This situation was prenotihcation,it as also made it clear Commission is amending its regulations anticipated, as noted in the additional that at least one type of material, spent views of several representatives in 10 CR Part 71 to re:luire NRC fuel,is not to be excluded. Shipments of licensees to notify state governors in (op osed to the requirement of section spent fuel are almost alllarge quantity advance of alllarge quanuty shipmente 301 appearing at page 37 of H. Rept.96-l (defined in i 7141(f) as exceeding Type of radioactive waste and of spent fuel 194 Part 2 Uune 29,1979h B radioactivity limits hipments, not covered under the amendment to10 Furtner, the NRC currently licenses Almost all spent fuel (pments will CFR Part 73 (generally 100 pams mase posussion of radioactive matertels in ortly 15 contain in excess of 100 pame mass of or less) required to be shipped in Type B lnow 241 states Under agruments between spent fuel and will be covered under the packaging, the NRC and the remaining states, those amendment to 10 CFR Part 73. Advance notification requirements for statn would also have to implement At the present time, alllarge quantity spent fuel shipments in excess of100 ' ngalations under thu amendment.

shipments of radioactive waste, grams mass are being additened by the The Comments

• excluding spent fuel, ate oflow level Commission in a separate rulemaking waste In the future, should reprocessing action in to CFR Part 73 for safeguards NRC received 62 letters containing of power reactor spent fuel resume, purposes. A companion notice covering more than 300 comments on the shipments of solidified high level weste this action is published elsewhere in this proposed rule. Comments were received would be espected to occur. Such issue o' the Federal Register, Shipments from these entitles sa follows:

shipments would be expected to be in of large quantitles (defined in i 71.4(f) as c.~,.

large quantitles, and the characteristics exceeding Type B radioacUvity limits) of *"

of such high level weste would be radioactive waste, including spent fuel 8" N *

• W - - - H similar,in terms of radioactivity and not subject to 10 CFR Part 73 *J* .", d* !,"*' '*""

=

0 heat load, to spent fuel. (approximately 100 pams mass or less) e**= ee-=a After reviewing the data on are covered in this amendment to 10 W "*'" - '

radioactive waste shipments which is CFR Part 71, in. u Laimmuni ..

598 Federal Resister / Vol. 47. No. 3 / Wednesday, lanuary 6,1983 / Rules and Regulations N NRC also bebeves that the proposed amendment could have on the ne comments covered three general varying centerns of the states inn best pubbc health and on the safety of categones:(1) the scope of the rule,(2) radioscuve materials ahlpping. Surl its impscte and (3) admirustrative be a ddressed by hmiting NRC prenotification requirements to large corarberd earted tonsideribly becante considetations.

1. Srope of the Rule 4. Contents cf quantity shipments of radioactive wasta, of widely differing v6ews cd wmmenters includies spent fuel. In its recent lune 4, as to the prnent dangers to the public of pocAoges subject ta ptrnot/fication l

requirement. Comroente received ranged 1981 meetirg. the State plarming s Council a greater degree radioactise of tegulation would wesie shippin from fevoting inclusion of 41rnost ad on Radioactive Weste klanagemem j radioactive wastes for prenott$ cation to endorsed prenotification of high-levelot Concernenhance or diminish was also exprested overpubite safety, not promulgetmp any amendment at all, large quanury thlpments of radioactive

?

snaterials, including spent fuel potential problems for shipping accrutng traltially, the NRC ccmtempleted that from the implementation of the proposed all weste required to be shipped in Type Finally, after consideration of amendment. Potential problems talsed comments, the NRC believes that D pet.kaging should be included. Type B included additional radletion exposure inclusion of au shipments of Type B packaging designs are required to t e to the public, impeding efficient accident resistant because Type D , packaged waste is likely to cacee an i 4, unwieldy paper management problem shipping. the fmancial and A qual.tities of radioactive wastes are and reduce the utility of the notthcation administrative burden of reporting on

h potentially a more slynificant batard to shippers, carriers. state agencies, and the pubbe beelth and safety if they are system. For this reason the NRC determines that limiting advance safeguards. In general, these comments not adequately cor,tained. However, indicated concern that t te impact of the NRC regulatory requirement 4 for Type D notification to large quantity ehlpments

• amendment was neFative. Howerrt, will significantly reduce an undue

} pac) oging have been found to be with respect to safeguards, inclusion of adequate. As has been noted herein,the administrative burden of notification on all Type B shipments under proposed NRC has recendy affirmed the adequacy states and shippers. The number of ship..ients expected under this rnere l'3.37(f) was also advocated. A third with respect to safety of Type D restricted rule is a few hundred annustly area of concern was that NRC packagingin a withdrawalof Advance and wtU rnore likely beless than one regulations be coordinated with the Notice of Rulemaking." Radioactive Department of Transportation.Rio Material. Pack aFing and Transportation percent of the 34 0007We D ablpments concern was generally directed toward by Alt"(46 FR 31619, Apni ts,1981). In per year previously cartmatedin the the prospect of alleviating the teething this conclusion,il cited proposed rule. admints;rative burden resulting from Nt!RIMr170, the Final Environmental b. Emergencyptrporedness contains.

Dese issues are already being federal regulations on shipping.

Statement on the Transportation of De NRC has already addressed the Radioacta e hiaterial by Air and Other addressed outside this rulemaking action and therefore do not regoire lasue of shipment safety in determining Modes, which, after considering the what types of wastes should be types and quantities of resterials further discussion at this time. As the excluded from prenotification. In shipped in T)pe A and Type B and large Commission noted on April 13,1951 in accordance with the provisions of quantity patiaging states that the its Withdrawal of Advance Notics of section 301(a) of Pub. L 96-205 only tentialrisk of transportationis small. Rulemaking (40 TR 31019),

shlpments of large quanddes of on further consideration and review in another separate actieu, the NRC. in radioactive waste. inclu&ng spent fuel, o the currently asadable data on cooperation with the redatal Emergency Management Asency and othat faderal required to be shipped in Type B ts&oactin e weste shipments, the packaging are subject to the agencies is currency develepina guidance Commission has determined that material to be used by state agencies in prenotification requirement. Undet shipments of radioactive weste do not developins emersency response plans for existing transportation regulations, such pose a potentially signif cant hazard to transportation accidents invokin8 shipments are placarded and the health and safety of the public. Information on them is not restricted radioactive material.

However, Congress has speci' .aUy from the public. Moreover, this required prenotication of sh pments of c. State endlocalcuthority. Since the advance noufication rule is solely regulation does not preempt esisting spent fuel, which are almost always state and local authority over large quantity shlf ments, for informational and does not in any way transportation. The Nls has therefore prenot& cation. Accor&ngly,the preetnpt existing state or local saihority concluded that requiring prenotification Commission is amen &ng the regulattone with respect to reguladon of for large quantity shipments of spent in to CFR Part 71 to require NRC transportation of ra&oactjbe materials, the concems ratsad on the impact of the fuel and radioactive waste will have j

licensees to notify state governors or negligible negative impacts on public their designets in ads ance of alllarge rule on state and local authority, health and safety and efhetent abipping.

quantity shipments of radioactive waste particularly on the lasue of preemption, ne Commission also believes that the and of spent fuel not covered under the are not germane. With respect to erclusion from the prenetihcation amendment to to CFR Part 73 required concerns over the failure to include Agreement 9 tate licensees under requirement of all radioactive weste to be in Type B packaging. In the shipments except large quantities opinion of the Commission, this prenotification requirements, Congress required to be shipped in Type B '

amendment is consistent with the intent did not c. hoose to amend the Atomic Energy Act of1954, as amended. to packaging. includmg spent fuel not of Congress which specibcaUy included covered under the amendment on spent f uel, almost alw a)e shipped in subject Agreement State licensees to ads ance notihcation to 10 CFR Part 73,  ;

large quantities,in the prenotificatibn this requirement. However, NRC plans -

to work with Agreement States to make will significantly reduce the financial provisions of section 301(a) of Pub. L and administrath e burden on states,96-295, but also authorized the regulations equivalent to this rule a carriers, and shippers of such Comraission to determine which types of metter of cormpatibility, .

notification. Based on estimates rs&oactJte waste may be excluded from 2. /mpact Concern was rxpressed prenotihcation requirements. over the potentialimpacts that the

Tederal Register / Vol. 47. No. 3 / Wednesday, January 8.1982 / Rules and RegulatJons 599 con'sined in fMREG-0170, the Maal an NRC efforts would belarge}y negstive decleration. or environmental Environmental Statement on the d Icauve, impact appraisal need not be prepared

' Transportation of Radioactive Material e Coramission believes that in connection with this rulemaking by Att and Other Modes,in 191.5 proposeb on restricting inforrnation to shipments of Type D wastes are action because the amendments are ce supplied in reporting would be nonsubstantive and insignificant from expected to number 24.000 while large confusing and burdensoms. Provialon the standpoint of anvironmentalimpact.

quanuty shipments are only expected to for some state governurs to decline to number, at most, a ftw hundred reoeles prenotification would also be a y,P'f"g gg,gg annually and more probablyless than burden to licensees. Governors are not one percent of the 24.000 Type B waste no Nuclear Regulatory Commission required to take any action on shipments, has submitted this rule to the Office of prenotifications received and an free to Management Whh respect to coordinadon with the and Budatt for such dispose of them sinc,e they will not review as may be oppropriate under the Department of Transportation. DOT contain protected informsUon that Part announced in the preamble toits f nal Paperwork Reduction Act Pub.L W 73 prenotifications will. Provialen for rule on " Radioactive hiaterials: Routing 611.ne SF-43,

• Request for Clearance,"

receipt of partialinformation, whir.h Supporting Statement, and other related and Driver Treining Requiremenia"(to was also suggested, would result in  !

TR 6296, January 19,1981) that, increased paperwork since, for a single documentauon submitted to OhtB have been placed in the NRC Public in order to prnent a shipment, different amounts of inconsistency tiefween k'ossibly smre Document Room at 1717 H Street NW.,

RC and DOT informadon would be required for transportation requirernents. the DOT w!!! different states and militate against use Washington, DC 20555 for inspection haie to weit at Inst untd final ruin are and copying for a fee.

of a standard reporting form. As already issued for NRC licensees before undertakins noted. surnmary information la expected Aher canful considenden d the a rulerneuns proceedans :o consider epecific comments on the reposed rule, the prenot$ceben requirements for other types to be available frorn DOT as a result of its highway routing rule. In addition, Commission, for t e reasons set outin of large qvsnuty shipments.

NRC staff plans to forward to DOT the preamble and pursuant to the

3. Administratire Considemtions. A advance notifications received for ^ ^ ' ' '

number of changes which were DOT's data base. Another restriction te rga suo ct o 74, '

suggested or raised for consideration in u ended Nedon 301 M Pub.1. W suggested. requiring a state to reapply comments rney be categorised as periodically for continued receipt of 295 (94 Stat. 789-790), and Sections $52 i administrative in nature.These notification, does not comport with and 553 of Title 8 of the United States l included; inclusion of routeinformation, congrentonal intent in 6ection 301 of Cod' h d d th i 11 use of eneric re Pub. L W295. ,ndments i 10 CF Pa 7 which federefclearing$orting.cnetion of aouse for notificadon, are published as a document subject to ne text of I 71.5s makes it clear that designation of a state egency addresses responsibility for advance notification of codiBeadon.

) for notification receipt other than the a stupment of nuclest weste, as defined office of the governor, reotrictions on in L 71.4(r) rests with the licensee,i.e.' PART fi--PACKAGING 08' notification information to be supplied. the shipper, not the carrier, Requiring RADIOACTIVE MATERIAL. FOR clearer definition of carrier and licensee ehlppers to sws.it state TRANSPORT AND TRANSPORTATION responsibiliths, requesting state acknowledgement of notifications would OF RADIOACTIVE MATERIAL. UNDER ccknowledgement of notification before likely impede interstate shipping and CERTAIN CONDITIONS a shipment could enter a state, l additional documentation requirements could burden interstate commerce bF 1.1n the table of contents for 10 CF'R effectively excluding shipmeats from related to notification, and changes in Part 71, the portion of Subpart A which states which did not choose to establish precedes the center heading the period required prior to shipment. means of promptly acknowledging such With one exception, notification to a " Exemptions"is revised to read as governor's designee, which will serve to riotifications. With regard to suggestions fogows:

that would require additlocal f acilitate etate response, these documentation from licensees, such as, Subpart A -Oeneral Provialona comments have not been adopted in this for example, requiring licensees to rule.nree of these comments, inclusion document telephoned notification **"

of route infortnation. use of generic reporting, and the creation of a federal clearinghouse for reporting information changes by letter, the NRC concludes that the additional burden on industry $ "'

M.3 Req $rement forlicense.

and states is not worth such effort. No n 4 pefinitions.

w ere substantially resolved in the recent change has been made in the period of n.s Transportation of beenud material.

DOT rulemaking on "Radioscuve time within which advance notification histerials; Routing and Driver Training of a shi;:aent must be given. A shorter Advance Notification to States of Requirements" (40 TR 5298. january 19, period would tend to reduce the Transport d Nuclear % aste 1981), the preamble to this final DOT effectiveness of notification by mau and n.se Transport of nuclear weste-Adance rule states in part, a longer period does not seem actificauon requirement.

Also a provision is added to i 173.22(c) to necustry. Basing the period on arrival n.5b Adsance neuliceuon of shipment of

. require shippers of a large uantity packaas at individual state boundaries rather nuclear weste; Revision notice; of redicactne sneterials to le a copy of the than shipment departure would result in Cancellanon nome.

tvute an prepared for that shipment within multiple and differing notifications for a 90 de following the shipment with DOT. Exemptions The epartment intends to coneohdate the alngle shipment which would require , , , , ,

informabon contained in the toute plans and additional effort and possibly contribute supply it to interested parties. to confusion in reporting. 2. The authority for 10 CFR Part 71 is EnviroarnentalImpact Statement revised to read H follows:

This effort by DOT to obtain post.

shipment nformation is likely 1o provide Authority: Sees 83. 57. c2. c3. 81.181 b. i in accordance with 10 CFR 51.5(d)(3), and o.182. t83. Pub 1. IMos. es Stat. 930.

gre eter securacy in such rtporting, and an environmentalimpact statement, 932. 933. e35. 946. 94s. 950. 953 954. e e

600 rederal Register / Vol. 47. No. 3 / Wednesday, January 6.1982 / Rules and Regulations _

a ppropriate Nuclear Regulatory designee prevlously notified and to the mended 142 Lt.$ C 20 3. 2077,2002. too). Direetor of the appropriate Nucleat

1. 2201 fb). 0) and lo). tv2 and 1233).

Commisalon inspeetion and ers tot. 202. and are. Pub. t phos se Stat. F.nfortement Regional Office listed in Regulatory Commission inspection and Enforcement Pegional Office listed in 1242 n amended 1244. and itse (42 U.S C. Appendia A of part 73 of this chapter, A notificauon delivered by mail must be Appendia A of Part 73 of this chapter,

c'r ep o of bec. 2n pub.1. ab703, postmarked at leul seven days before (2) The couce shall state that it is a te Stat 94 as amended 142 U S C.1273). the beginning of the seven day period cancellation and shallidentify the l ll 716171 tL3 issued under sec teto. as stat. during which departure of the shipment advance notification whic.h is twing s'io es amended (4211 $ C.120tloll $+cs 714 cancelled. A copy of the notice shallbe is estunated to occur. A notification retained by the licensee as a record for l (t) and (s) 71 ta and 716b also tesued under delivered by messenger must teath the 6ec. M1. Pub t,66-e95. 64 bie t. 784 7po. one year, j g. In ( 71.4, new paragraphs (t) and (s) office of the governor or of the Dated at Washington. D C. this noth day of Fosernor's designee at least four days are added to read as follow s; before the beginning of the seven day D e ter1961 I De ons. period during which departure of the 7 ,, g g g Q g ,g , g ,,,,y shipment is estimated to occur. A Ifet of Commleston.

the mailing addresses of the governere g,""*g I g*

(r)

• Nuclear w este" as ued in il 71.5a 71.5b means: and governors' des!btes is availableDirector Office of 8'mfory ef de Commission upon request from t

, (1) Any large quantity of source,by* tr3t a sa m m nieel product. or special nucles' matedal State Programe.U.S Nuclear Regulatory ** #08 ***

required by this part to be in Type D Commission, Washington, D C. 20555. A packating whde transported to, through, copy of the noufication shall be retained l or acron state boundertes to a dispoul the licensee as a record for one year, 10 CFR Part 73 by(b)Informotion to befurnishedin site, or to a collection point for transport odronce notification of Ahipment. Each Advance Noufication to Governora to a disposal site, of (2) Any large quantity ofirradiated adsante notification of shipment of Concerning Shipments of irradiated fuel required by this part to be in Type B nuclear waste must contain the Reactor Fuel packaging while transported to, through. following information: Aoswcn Nuclear Regulatory or across state boundaries inespective (1)The name, address, and telephone number of the shipper, carrier, and Commission.

of destination if the quantity of recelser of the nuclear waste shipment. f,ering. Final rule.

Irradiated fuelis less than that subject to ads ance notification requirements of (2) A description of the nuclear wasta contained in the shipment as required svuuAnn %e Commission is amending 10 CFR part 73 Its regulations to implement a fede;al by the reguladons of the U.S.

(s)" State" as used in il 71 $a-71.5b Department of Transportation in 49 CTR statute which requires the NRC to means the several States of the Union. promulgate regulations regarding the District of Columbia, the il 172 202 and 172.203(d);

Commonwealth of Puerto Rico, the (3)The point of origin of the shipment, notification to state governora of the and the seven. day period during which transport of spent fuel through a state,

%rgin Islands. Guam. American Samoa, This notification will provide the the Trvst Terntory of the pacific Islands, departure of the shipment is estimated governor advance information, not to occur; and the Commonweahh of the Northern (4)The seven day period during which otherwise svellable to the governor, Mariana Islands- arrival of the shipment at state relats 3 to spent fuel transportation in

4. Immediately following I 715. a new his state. Shipment of certain other boundaries is estimated to occur; centerhead and new il 71.5a and 71.5b (5)The destinauon of the shipment, forms of nuclear waste is covered under are added to read as follows: and the seven. day period during which a separate amendment to the en t i Sta n of arris al of the shipment is estimated to Commission's regulation to CFR Part 71,

,, occur: and Separate amendments are needed (0) A point of contact with a telephone because information regarding spent 6 I? t.ta Transport of nuclear weste - number for cunent shipment fuel shipments contains sensitive j advance notirication requirement. safeguards data which must be information.

Prior to the transport of any nuclear protected. The information pertaining to ICI A'F/8/08 80fiC' A IIC'n'" *h0 waste outside of the confines of the " t the other waste shipments is not hcenser's plant or other place of use or ^[8 , ' , ' d ,

storage, or priot to the delisery of any 9,.s designet in accordance with EntcTtyt DATE: July 6,1982.

nuclear waste to a carrier for transport, l 71.5b(b) will not be met, shall addrest: ne comments received rosy ,

each hcensee shal! comply with the telephone a responsible individualin the be examined at the NRC Pubhc ,

procedures in l 715b for advance office of the governor of the state or of Document Room at 1717 H Street, NW, notification to the governor of a state or da 's designee and inform that Washington D C.

the governor's designee for the transport individual of the extent of the delay poR rURTHER INFORuATION c0RTACT:

of nuclear waste to, through, or across relative to the schedule orig nelly Tom R. Allen, Regulatory Improsements the boundary of the state. reported in writing under the provisions Branch. Office of Nuclear Material I ? t.5b Advance noutication of shipment of I 71.5b(b) The hcensee shall Safety and Safeguards US Nuclear of nucine w ute, revision not ee; inalntain a record of the name of the Regulatory Commluion. Washington, cancelist on notice.

Individual contacted for one ) ear, D C. 20555 (Telephone: 301-427-4181).

(a) It'bere, a ben. end how edrance (d) Concellotion notice. (1) Each licensee who cancels a nuclear w site $UPPW1ENT ARY INF ORM ATION:

rotification rust be sent.1he shipment for which advance notificat,on Background notification required by l 715a must be has been sent as required by I 715e made in wnting to the office of each Section 301(a) of Pub. L 96-295 states, appropriate gos etnor or gos ernor's shall send a cancellation notice to the "The Nuclear Regulatory Commission.

posernor of each state or the gosernor's designee and to the Director of the

l Federal Regleter / Vol. 47. No. 3 / Wednesday, lannary 6,1962 / Rules and' Regulations act within 90 deye of enactment of this Act, em. l 73.21. a govemor thould hee, the shall promulgate tegulettone providir.g """* option to secline to tocalve advance for timely notification to the Govemor of **

any State prior to the transport of Mme nner,,'J"g;;, $ notification infoemation televant to e _- _- e spent fuel ah6pments,if requested by a nuclear wute. Including spent nuclear ***m"= e i'

fuel, to, through, or aeron the ** ' novemor,the NRC wul temen that govemor's nome from b bet of boundades of such Stats. Such - * " governore to be teotthed, notihcauon requiremente shaU not app}y One of these comments suggested thet io nuclear waste in such quantitise and Some of these commente neultedla the notinostion should be made to e of s"ch types as the Commission minor changes to the rule or in changes single contact within each state, and specthcauy determines do not pose a in the way the NRC wul administer the that locabtles within the state that need potentially signincant basard to the rule.Dese commente relate to three

• the information would obtain it from h.alth and safety of tbs pubhc." gennel grouptage, that contact. Another suggested ht the On December s.19e0, the NRC De Aret such of commente NRC should make available to licensees

, ublished a Todatal Regletor notice (46 neulted in no ufon t of the rule. Aa tiet of the responsible persone in each p'R t 81000) inviting public comments numberon a of consanta nquestad that the state to be notined in b event ole regulauon be modined to mquire chasse of schedule.he Commlulon proposed rule providing for advance notif cation to govemore of states of the advance notincatius be sent to a state has decided that it le consistent t'ith the intent of Congress that notifications transportation of spent fuel.ne so-day officialthan rather designated being sent by to tthe e fovemor, should be made to a single designated govemor (omment period expired March 9,1981 Copies of the proposed rule,with a htmulf.De Comminion has decided individual within each state who is to that notification of a governor's receive notincations and renotifications request for comments, were also sent to state govemors ne Analrule is designee has signincant information %e NRC will make available a list of hand 11ag andinformaUon protection these individuals.

essentially the same es the proposed advantages. Accordinsly, the final rule One comment requested that thelist rule except that it has been modified to has been modified to provide for of governors to receive advance permit notification of a govemor's notlDonuon of a govemor's designet, designee (rather than the govemor) notincadone abould indude h One comment requwted that the execuuves of certain PacineIsland he Rule advance noti!! cation informauon include territories and the U.S. Secretary of the telephone number of the ahlpper and Interior (for ahlpments that would stop ne amendment to to CFR Part 73 will receiver.nis s asuonis belns over at bee Pacific Island turitorin).

require licensees to supply the following adopted becaun time of  %!s suggestion is consistent with the 1 informstion

the name, address, and emergencies it would a low quick scoeu language of the statute, which includes

. telephone number of h shipper, carrin to additional technical taformation territories as statve.De list of i

and receiver of the shipment, a about a shipment atinsigniacant governore will be so modified.

description of the material to be addluonal cost. For completaneos, the One com'nent re luested that a transported, point of origin. estimated rule modifLcadon has bon expanded to standardised advance notification form date and time of departure, estimated include the telephone n=6, of the be used. De NRC adopted the date and time of arrival at state carrier, suggestion and willinue e suggested boundaries, and a descHption of the A final comment requested that the format as a guidance document, shipment route to be used within the regulation make clear that remotiBcadon na Commisalon also recalved atate. This information would be can be done mutinely by telephone, comments which were evaluated but not provided by rnell, postmarked at least Paragraph l F3.37(f)(4)in the regulation edopted. Some of these wen in & form ses en days or delivered by menenger el has been modified to make this point of suggestions, while othere provided least four days in advance of the clear. Information for consideration. Some estimeled date of depaMun, to the in addition to k nyielone soeulting dealt with mattere beyond the scope of offices of the govemors (or governors' from public omament nylalons were this ngulatory action or with mattere designees)of affected states. Any also made to almplify the information beyond b authority of the Commission.

person receiving schedule information protection provialons of l F3J7(f)(3) and Rose comments are discussed below:

would be required to protect it against to clarify that they apply to intrastate 1. Scope of the /tule. Several unauthorind disclosure.De shipmente as wou as to interstate comments made suggestions concemed information protection measurce are set ehlpments. with the scope of the rule.These forth in i 73.21 of to CFR Part 73 and are ne neond such group of comments suggestions were niected becaun they the subject of a separate rulemaking made suggestions that were adopted but would modify the scope of the rule in notice (46 FR 61718, October 22.1361) did not cosult in modification of the rule, ways that are inconsistent with NRC Schedule information would be Rather, these suggestions will be carried understanding of law or inconsistent downgraded a short time after out by tha NRC in the administration of with the aims of this particular completson of the shipment. so that the role, rulemaking.

protection need not be continued. %e One comunent in this group strened a. Application to other than NRC l state official would be renotified in the the importance of a govemor's right to licensees or so r on-rodioodim i esent of schedule changes in exceae of decline to neelve notificettons and materials One comment suppeeted that i sin hours. suggested that the regulations make this the rule should apply to all transporters l The Commente right explicit while opposing comments of radioactive fuel, rather than being insisted that a powmor should not be limited to NRC lioeneen. Another NRC received to lettus coctalotag given the option of declining to recelte comment experned concem that the - -

i more than 300 comments on the the notifloations, ne Commlesion rule would be unjustifiably extended to i proposed rule. Comments wen received continues to believe that in view of the include vast numbers of shipments of I from these entitles as follows: Information protodion requirements of nonradioactive weste.nese comments

$U2 Federal Register / Vol. 47. No. 3 / Wednesday, lanuary 6.1982 / Rules and Regulations shipment in the series could aid in cittrens along spent fuel shipment predicting the sc.hedule of subsequent were rejected because the NRC has no toutes.The NRC has not adopted this authority to apply the rule to persor. shipments in the series. For this reason.

suggestion bet.ause it is beyond the schedule informauon protectionis cther than t.*RC licensees, scope of Pub.l IN95, and because a

b. fromu/sorion of the rule by DOT. required until after the last shipment in local official could obtain such a series is completed.

rather then Nnc One comment informouon from hIs state govemor's contended that the DOT.rather thanoffice the as appropriate- d. Documenfotion to demonstrate l 0

• NRC, should promulgate the rule. e. Routing Some comments suggested compliance.One comment asked what floweser, since Congress specifically that the rule require that sh!prnenta be documentation a licensee must maintain directed the NRC to issue the rule. DOT routed on interstate highways and that to demonstrate compliance with the has not undertoken the promulgauon of the MLC consult with state police befo e regulation.The Commission has decided l such a rule. that maintenance of a recordkeeping approving a route.The luue of whether

c. Emersency response and other slote to route shipments only on interstates is getions. Some comments requested that outside the scope of the advance

,f. stem by licensees is not required att ie tim the NRC Identify state acdons needed notification rule. Routing of spent fuel rely on a sampling process wherein NRC f:r optimum utilization of the ablpments is covered in 10 CTR 73.37 tecords concerning the detalls of infortnation and provide more and in DOT regulation 49 CTR173 and notification will be checked against information on emergency response. 177,llowever it should be noted that state recorde for the same ehipmmt.

A . art from information protection rules, the NRC ancourages the use of interstate it.h was required by Pub. L 96-295,

e. Notification leod times. Some highways and, routinely consults with comments inquired about the basis for the NRC does not regulate state use of state police before approving a route. the proposedlead umes for advance notification informauon. 2. Impocis. Some comments nottheations, suggested various Accordingly, it would be inappropriate attemative lead umes, and asked I' contended that the rule was to incorporate advice concerning state unsupported and would be burdensome whether there are circumstances under use of notification infortnation in a and ineffective, Congress has decided which a shipment could be made with regulation. Although emergency that, rather than being burdensome and less than four days advance notification.

response by states is a timely and ine(fecuve, advance notification to important subject. these issues are The notification lead times are selected stready being addressed outside this states is beneficial because it enables to offer a reasonable compromise states to coninbute to the security, between the needs for (1) timely rulemaking action, and therefore do not safety, and eau of transport of advance noufication,(2) svoidance of require further discussion here. As the shipments %trefore, Congress directed unnecessarily long periods for Commission noted on April 13.1981 in the NRC toissue requirements fer its its withdrawal of ediance notice of bcensees to carry out advance protecuon of schedule tr formation, and rulemaking (48 TR 21619): l3) avoidance of unnectssary numbers of renotifications stemming from in anod.et seperate ection. the NRC in notihcation:

3. Admmis trot /ve Comments in schedule this changes. NRC regulauons in 10 cooperation with the Federet Dnergency Froup generally requested clarificadon CFR Part 73 provide for the grantma of Management Agency and other federal of how various details of the rule would spencies is curren03 developing guidance exceptions to the provisions of Part 73, be interpreted and administered or set including the provision for four day metenet to be used by state agencies in deseloping emergency response plans for forth a!!ematives to the toessures notification lead time, but there must be j d' 4 ** kin 8 prop sed.The specific comments are good cause for the excepdon to be f rYd v de e!' discussed below-granted.

d. State endlocalouthority. A group a. Woterborne and altborne f.Confinnorion of receipt of of comments pointed out differences shipments.

rule will apply toOne comment wsterborne and asked how the motificofion. One comment sugge between the proposed rule and ex.isting altborne shipments. Notifications for that, prior to enuring a stou wtth a oute laws and asked whether the rule waterbome shipments would be given "

would preem[t the existing stateaslaws,loca! regulationsare for highway shipments.There that no call "k*Mg ,"[,j',[u au en in that regar airborne shipments of spent fuel. received.ne suggestion was not for the advance disclosure of spent fuel adopted because it could lead to

b. Sh/p shipment schedule information could be responsibt corrier division ofity. Gome algnificant comments delays asked of shipments en route affected by new NRC re utrements for whether the shipper or the carrier le and thereby weaken safeguards of the the protection of such se edule intended to be responsible for shipments. ,

infortnation. In accordance with a separate rufemaking. NRC licensees as notification under various conditions. 8 U88 0fifil stered or certifiedmc//.

Generally two licensees, a shippet and a One comment suggested that well as any other person who has carrier, are involved in each spent fuel notificauons be sent only by certified or advance schedule information will be registered mall to ensure delivery.The prohibited from furnishing !! to physical any local shipment.Both protection, are responsible including advance euggesuon wasfor not adopted because offietal other than a member of a local notificauon. As a practical matter, NRC analysis showed insignificant enforcemmt authority that la divialon of responsibility for carrying responsible for responding to requests benefit.

out the physical protection requirements h. Clear /rghouse for notifications.

for assistance during safeguards le a subject of ag*eement between the emergencies (see i 73 21(c)in 46 FR One comment suggested that the NRC shipper and the carrier. establish a Federal clearinghouse or 51718. October 22,1981).11 should be c. Series shipments. One comment noted that the protection provisions of other centrall ed unit to transmit requested clarification concerning the notifications to states.The suggestion l 73.21(c) do not apply to any of the way in which series of shipments are other information provided to governors was not adopted because it is not related with respect to protection of necessary to the notification process it or the designees in accordance with this schedule information. Shipents in a would be costly, and it could cause regulation, series are related in the sense that Other comments requested that the knowledge of the schedule details of one notificauon delays.

rule provide for advance notificauon of

e Pederal Register / Vol. 47. No. 3 / Wednest'ay, January 6,1982 / Rules and Regulation's 603

1. Notihcotion through mutual in connection with this rulemaking govemor or the govemor's designee. A ogreement. One comment suggested that action because the amendmente are notification delivered by mall must be notifications be carried out tritough consubstandve and insignificant from postmarked at least 7 days before mutual agreement between licensee and the standpoint of environmentalimpact, transport of a shipment within or state, rather than having the detalla through the state. A notification specified by the NRC in a regulation, P8Perwd Statarment delivered by messenger must resc.h the

'Ibe suggestion was telected because ne Nuclear Regulatory Commlaston office of the govemor or the governor's notifications would likely be nonuniform has submitted this rule to the Office of designee at least 4 days before transport from state to state and would be difLcult Management and Budget for such of a shipment within or throuSh the for the NRC to enforte. review as may be appropriate under the state. A list of the mallig addresses of l Schedule folcronce. Several Paperwork ReducUon Act. Pub. L W govemors and govemors designees is eomments suggested various - $11. no ST-83," Request for Clearance," available upon request from the alternatives to the proposed i 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> Supporting Statement, and other related Director, Office of State Programs, U.S.

tolerance be considered. The 16 hout documentation submitted to OMB have Nuclear Regulatory Commission, tolerance was retained because it been placed in the NRC Public Washington, D.C. 20555.

appears to be a reasonable compromisa Document hoorn at 1717 H Street, NW . (2) The notification must include the between (1) the need for carriers to be Washington, D.C. 20555 for inspection following information:

allow ed to have significant flexibility in and copying for a fee. -

(1) The rume, address, and telephone schedules for long distance shipments Pursuant to the Atomic Energy Act of number of the shipper, carrier and and (2) the need fer schedule accuracy 1954 as amended, the Energy reccher.

in order to assure that states have the Reorganitation Act of 1974, se amended. (ii) A description of the shipment as opportunity to contribute to the security Section 301 of Pub. L W295 (94 Stat. specified by the Department of and safety of transport of shipments. 769-790). and sections $52 and 553 ef Transportation in 49 CFR l 172.202 and

k. Re/cront state law. Some comments title 5 of the United States Code, the i 172.203[d) tontended that the NRC should have following amendments to 10 CR Part 73 (iii) A heting of the routes to be used esaluated au of the relevant advante are published as a document subject to within the state.

notification rules now in force in several codthc.ation. Ov) A statement that the information of the ctates.The NRC staff reslewed a number but not au of the state advance PART 73-PHYSICAL PROTECTION OF dC'ib'd b'to" i" l 73'37I0I3I I' i # '

nottfacetion laws and consulted with PLANTS AND MATERIALS p d cor e itht representetives of some states that have requirements of I 73.21.

1. The authority citauon for Part 731a nv sed to read as follows: (3)The bcensee shall provide the me o is ons o the po following information on a separate w ere adopted from state laws. Authority: Seca. 63.147.181b 1011.1810, 1 Generaltotherihon spec /hc Pub L as-fo3. 68 Stat e)o. 946-Oso, as enclosure to the written notificaUon:

votibcations. Some comments suggested amended. Pub. L 85-507, f2 Stat. 327, Pub. L (i) The estimated date and time of that states need only general 88480. Stat. so2. Pub. L 93-377,68 Stat. 476, departure frorn the point of origin of the Pub. L 96-295. 94 Stat. Tao (42 U.S.C 2073. shipment.

irformation(rout s. number of 2201,2167). Sec. 2n Pub L 93-4m 66 Stat-s pments using at route. typgg, 124i 1243, as amendect Pub. L 94-79, as 6 tat.

(U)The asumated date and time of quantity of meterialin a shipment, etc.) entry into the overnor's state rather than shipment specific 413 68 223. (42Stat U.S C se psa. 56611 amende For42the[.urposes U.S.C 2273. of Sec.

CH) For the can oIa slngle h1pment information. The sugge:Uon waa 73 37(s) and g n ss are issued under Sec. whose schedule is not related to the rejected because states will have a 161b. 68 Stat 948 as amended. 42 U.S C schedule of any subsequent shipment a greater range of alternativre to 2201(bl. Il n to. n 24. n25. n.28. 7327 statement that schedule information contribute to the security, safety, and 73.37, n 40 M 45. n 48,73.5o. 73.66, and F3 67 must be protected in accordance with case of transport of spent fuel shipments are losed under Sec.1611. 68 Stat. 949. as the provisions of I 73.21 until at least to amended. 42 U.S C 2201(1); and l f M.20(c)D), days after the shipment has entered or if the notifications are in advance and ment s ecific, n.24M. n6L M. m) and (h)(4). originated within the state.

are shiformation prota:fion. Numerous 4 In 78 2?(*) *"d Ibl U 8Mf) M ' (b) '"J (dl- (iv) For the case of a shipment in a

" series of shipments whose schedules are comments were concerned with the ##[(I8 sn h) h 2). knd () )7 73.71 rtlated, a statement that schedule information protection provisions in the and M.r2 are issued under Sec.1610. 68 Stat.

proposed rule, under which shipment 950, as amended. 42 U.S C 2201(o) paragraph information must be protected in schedule information would be required n SNf} atso is issued under Section 301 Pub. accordance with the provisions of to be protected. L 96-295. 94 Stat. 280. I 73.21 until to day after the last Concerns surrounding the basis for 2. Section 73.37 is amended b adding shipment in the series has entered or protection of informauon, e.nd the ways paragraphs (f) and (g) to read af follows: originated within the state and an in which such information should be ,

estimate of the date on which the last handled. are addressed in a separate i 73.37 Requirements for phyancat shipment in the series wiU enter or rulemaking (see 10 CFR 73.21,46 FR Protection of irradiated reactor fuel 6n originate within the state.

transn. (4) A licensee shall notify by

$1718. October 2.2.1981). * * *

• After careful consideration of these telephone or other means a responsible comments, the Commission has adopted (f) Prior to the transport of spent fuel Individualin the office of the governor the amendmefit in final form. within or through a state a licensee or in the office of the governor's subject to this section shall noufy the designee of arv schedule change that EnvironmentalImpact Statement governor or the governor's designee. The differs by more than 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> from the in accordance with 10 CFR 51.5(d)(3). licensee thall comply with the foUowing schedule information previously an environmer.tal impact statement, criteria Iri regard to a notification: (1) furnished in accordance with negath e declaration, or environmental The notification must be in wriung and 6 73.37(O(3). and shallinform that impact appraisal need not be prepared sent to the office of each appropriate individual of the number of hours of

Eine Federal Register / Vol. 47. No. 3 / Wednesday lanuary 6.1982 / Rules and Regulattens servlee to operauone outside a carrier's and a variety of other provisions of the advance or delay relauve to the written Act.ne exetnpuon is condjuoned on *ceruficated toute system" willlose its schedule information previously meaning and some type of change in the cotoplJance with registradon, liability Iurnished. insurance, reporting, and other reFulatory scheme will be necessary.

(g) 51ste officials, state employees, ne Board therefore proposed in EDR-and other indMduals, whether et not requirements.

A certificated carrier la by definition 433 (M ill 51390, October 30,1981) to licensees of the Commission, who remove the toute limitation, effective receive schedule infortnation of the Lind not an alt tad operator, regardlus of the size of its alteraft, and so has not December 31.1981. so that all of a dual l

sprcified in l 73.37(f)(3) sbau protect qualif ed for air taxi operators' Subpart authority canier's panenger operauens

• that informauon against unauthortred with small alteratt would come under l B exemptions,1n a series of orders th disclosure .e specified in 8 ya.21. recent years, however, the Boand part 298. Even if out.h a change were not Deted at Wuhtngien D C, thle 30th day of granted em..nptions from this compel!*d by the impending c.hanges in

) domestic toute reguiaUon, this would be December test. definitionalconstraint to various For the Nucjeat Regulatory Commissloa. carriers, enabling the carriers to bold the next logical step in the Board's dual authority.%eu ordere generaUy enorts to align regulatory requirements Samuel t Chilk, with the nature of a carrier's opersUons Aerresary of sAe Commhsion. enabled a dual authority carrier to conduct small aircraft operatforas off its instead of the less significant criterion of tre tw ouris rw su o es al certincated route system as an air taxi whether the carrier holds a certificate.

. aco exx4 m*m De proposal noted, for example, that

- operator under part 298, while the Board had already granted unlimited l performing on route operations with email or large aircrkft under its section domnue fare fledbility to cert ficated ClYll. AERONAUTICS BOARD W cenitcate. carriers for their small aircraft  !

14 CFR Par 1290 In a recent fLnet rule, the Board operadons, to provide parity with part eliminated the need for indMdual dual 398 opendons (PS-92,45 FR 24115 Apul lRe9 (R.127s; Economic Regutetione authority exemption orders by amending 9,1980). Similarly, the Board had Amendment No. 20 to Part tea, Doctet part 298 to embody the dual authority recently amended the .. led boarding a01331

• ' I compensation rule to exclude coverage a r taxi regu tion - 2ft,"M '#' "

Clasaltication and Esemption of Alt " " * * ' "

Ta 10peratora Dual Authority After 61371: October 20,1981.he scheme in 42 Domestic Route Deregulauon the rule resulted in a 61 1 change in m he b n a en edto terminology. A dual au ority carrieris apply uniformly to U.S. carrien' AotNcV1 Civil Aeronautics Board. rm longer both a certificated carrier and operations of aircraft with 30 or more Action: Final rule. an air taxi operator at the same time, seats, withou, regard to whether a Instead,it is almply a certificated carrier bolds a certificate (ER-1245,46 svuuaRY: ne CAB's " dual authority" ves it the TR 45934 September 16,1981).

rule includes exemptions that allow carrier, exemptions andsetSubpart out in I gubpart B for air% p cduleHef N certificated air carriers to operate with small aircraft under the air tad rule as if tad operators os /f ft were an att tad ropose1 would be to extend the tang.

operator,ne dual authorit carrier's [iling exemption.%e rtsoon for this is they were str taxio erators.For that the main exempHons that pan 298 tions have exem tions are conditior.e on essenger comp lance with Subparts Cthrough H, 3 een limitedservice,t to flightseouts ene7e the as they are for true att test operators, grovides to alt taxi operators (subpart carrier's cert @cated route system. De ) and dua authority certificated CAB now remoses that route limitation, and further conditioned on the terms of carriers for their covered operations Subpart l itself.1n i 298.90(a), Subpart I ubpart I, incorporating Subpart B) are so that all of a certificated carrier's provides that the exemptions cover om the section @ cenificate

' passenger operations with sinall aircraft erndl PLrcraft operations outalde the will be considered as operations under requirement and the section 403 tariff, I carrier's certificated toute system and, Bling requirement.De proposed the air tati rule.Dere is a special for cargo-only service, all the carrier's

' 8 i' provision for service within Alaska. saa a p a one a o tt,r te s a 1 e cra t op at on t all Oattt: Ad pted. December 22,1981, ectiset ecember 31,1981'

] smaU aircraft operations would have no operations of a dual authority carrier are substantive effect With regard to the POR FURTHER rNFORuaT10N CONTam Considered as " operations under Part section 401 esemption,because a htark Schwimmer, Office of the General 298 or "aM operations"rather than section 401 esemption for operations Counsel. Civil Aeronautics Board,1825 as operations under its certificate, even already authortted by the carrier's wonnecticut Avenue, NW , % ashington, through the carrier is not an att tad secuon 401 certificate would merely be D.C. 20428. (202) 875-5442. pp,forpf, red den SUPPLtutNTaRY INFDf Maf)Oln would be no c$angein il 29893 or Background Under section1801(a)(1)(C)of the 29811(b), the provisions that directly The Board's att taxi tule,14 CTR part Federal Aviation Act, the Board will address tariff filing. But the proposed 298, defines "att tesi operator" have no authority after December 31, 1931, to specify terminal or intermediate change in i 29890 from a route criterlon essentially as an air carrier that uses to an airetaft sise criterion would only amou aircraft (up to 80 seats /18.000 points in certiDestes authortelng change the effect of those provisions, to domestic possenger air transportation.

pound payload capacity), does not have result in the following scheme: A ne prr:ctical effect of thl change is to a certificate under section 401 of the gis e gnost certiacated carriers virtual!y certificated carrier would continue to Federal Aviation Act, and me'ets certain file tertifs for allits large aircraft other conditions. Subpart B of part 298 unhmited domestic route authority. As a operations For its small altereft exempts air tesi operators from the result, the provision ir i 298.90(a) he operations, tariffs would not be required section 401 certi" ate requirements, es'ab4thed by ER-1251 that limits t except for joint fares that it had agreed section 403 tarF dling requirements, Sulparti exemption for passenger

' a

M.95 M,97 (e)

PMT 71 o McKAGING AND TRANSPORTATION OF RAD 60ACTWE MATERIAL

$ 71.08 Reporte NRC Regional Omco hated in appendia The liconese shall report to the A to part 73 of this chapter.

Director, Ofhoe of Nuclear Meterial (2) A notihcetion dellvered by mall Safety and Esfoguards, U.S. Nuclut must be postmarked et lust 7 days Regulatory Commission, Washington, before the beginning of the 7 day period DC 20$$$, within 30 deje- during which depanure of the ahlpment (4) Any instance in which there is is estimated to occur, significant reduction in the effectivento (3) A notincetion delived by of any approved Type B, or finile, muunger must reach the omos of the pockesing during use: governor or of the govemor's designee et (b) Details of any defects with safety least 4 days before the beginning of the significance in Type B, or f asile, 7 day period during which depanure of packagint efter first use, with the means the shipment is estimated to occur.

employed to repair the defects and (1) A list of the names and malling prevent their recurrence; or eddresses of the governere* daignees (c) Instances in which the conditions receiving advance notification of of approvalin the conificate of transportation of nuclear weste wu compliance were not observed in pubhshed in the Fedoest Register on making a shipment. June 30,1995 (60 nt 34306).

(ii) The list will be pubbshed 3 71.97 Advenee neef4eetion et enipment annually in the Federal Regleter on or of inee' sees remeter twel ens nucieer weste- about June 30 to reflect any changn in (a) As specified in peregraphs (b),(c) information and (d)of this section,each heenwe (lu) A lisi of the naines and malling shall provide advance notification to the addresses of the govemots' dulgnees is governor of a State, or the governor s avellable on reouest frc( <he Director, des!gnes,of the shipment of hcensed Omco of State Programs U $ Nuclear meterial, through, or across the Regulatory Commission, Washington, boundary of the State, before the DC 20555.000).

g transport, or dehvery to e carrier, for g (4) The licensee shell rotein a copy of g transport, oflicenud material outside g the noufication as a record for 3 pars.

a a the confines of the hcensevs plant or Idlinformobon to be rmshedin 2 other plate of use or storage E cdvance notifscotion of hipmm Lech R (b) Advance notification is required ll advance notification of h4pment of under this action for shipments of irradiated reactor fuel or nuclear weste Arndisted tuctor fuel in quantities less must contain the following information:

than that subsect to thance notification (1) The name, address, and telephone requirements ofi73.37tf)of this nurnber of the shipper, corrier, and chapter. Adsence notincation is also receiver of the irradiated ructor fuel or required under this section for shipment nuclear weste shipment, of licensed material, other than (2) A ductiption of the irradiated inodisted fuel, muting the following reactor fuel or nuclear weste contained three conditions: in the shipment, es specified in the (1) The licensed m6,erial is required regulations of DOT in 49 CFR 172.202 by this pan to be in Type B packaging and tr2.2n.11dl, 1 for transponstion: (3)The point of origin of thu nhipment (2)The beensed material is being and the 7 day period during which .

transported to or across e State depenure of the shipment is estimated boundary en route tr a disposal facility to occur.

or to e collection point for transpon to (4)The 7 day period during which a disposal facihty; and arrival of the shipment at State (3) The quantity of licensed material boundaries is utimated to occur; in a single package excuds the lust of (5)The destination of the shipment, the following: and the 7 day period during which (1)3000 times the A value of the strival of the shipment is utimated to redionuclides as specified in appendix occur; and A Table A-1 for special form (6) A point of contact,with a redinctive material; telephone number, for current shipment (ii) 3000 times the Asvalue of the information.

radionuchdes as specified in appendis le) Devssenti notice A heenwe who A. Table A-1 for normal fonn finds that schedule information radioactive material: or previously furnished to a govemor or (iii)1000 TBq 07,000 Cl) governor's designee,in accordance with (c) Procedurn for submithng odvance this section, will not be met, shall nouficatiert telePhone a responsible individualin (1) The noti $ cation must be made in the omce of the governor of the State or writing to the ofBce of uch appropriate of the governor's designw and inform govemor or govemor's designee ans - that individual of the ev'ent of the delay the Administrator of the appropriate beyond the schedule originally reported.

71 25 September 29,1995

71M(*) 7L308 (d)

PMT 710 McKAGING Ale TRANSPORTATION OF RADICACTIVE MATERIAL N lloonese aball snelntain a record of u follows: H 71.0,71.2,71.4. 716,71.7 the name of the indJvidwel contacted for 71.9,71.10,71.31,71.33,71.35.71.37, e 3 re. . 71.33, 71.39, 71.4 3, 73.4 3, t 1.43, 73.47, f) Ceaselletion not/ce. 71.31,71.82.71.83.71.55.71.59,71.65, 1)Each16conese who cancela en 71.71,71.73,71,74, p t,pg,9 g,y7, yt.gg, irradiated seector fuel or nuclear wute and 71.100.

obl tler which edvence Acetten has been sent shell wnd a Sutportl4-Ouelity Assuronoe enacelletlen notice to the governor of g y,3, w,,,,,,,,,

each State er to the govemor a desigt es peevleuely nottned, and to the (a) Purpose. This subpan dweribes Adreinletreter of the appropriate NRC quality usurance requimments applying Reglenal Olhoe listed in appendia A of to design, purchue, febrication, part 73 of this chapter, handling. shipping, et cring. cleaning.

(3) T%e 16eonese shall state in the asumbly, inspection, testing, opereuen, noties that it le e cano911stion and maintenance, repolt, and modincetion identify the adv6 Ace notification that is of components of packaging that are being canceled. The licennee shall retetn important to t.afety. As used in this e copy of the notice as a record for 3 subpart," quality assurent*" comprius yeere. oli those planned and systematic actions necessary to provide adequate II' 8' N* confidence that e system or component (a) The Comminion may obtain en will perform uttsfectarily in wrvice injunction or other court order to Quality assurance includes quehty prevent a etoletion of the provisions control, whir.h comprius thow quehtv oI- ensurance act6cns misted to control of' (1)The Atomic Energy Act of 1954, es the physical cherectoristics and quehty amended; of the rneterial et component to (2)TitleIlof the Energy pr,delettnined requirements.

Renegentention Aet of ler4, os (b) Estabhshment of program. Each amended; or (3) A regulation et order l, licensee shall establish, maint61n, and issued puteuent to thow Atts R execute e quality assurance program E (b) The Commission may obinin . E settsfying uch of the spphcable entens g court order for the payment of a civil 3 of % 71.101 throup 't.137 and penalty imposed under petion 234 of satisfying any specna prov6stons that the Atomic Energy Act: I are appbcable to the hcensee's actmties (1) For violations c,f- including procurement of packaging (1) Sections 63,57,62,63.81,82,101. The licensee shall apply uch of the 103.104.107, or 109 of the Atomic appbceble criterie 5.n a greded approach.

Energy Act of 1954, es amendedi i e ,te an entent that is consistent with (limction 206 of the Energy its impettence to sefety.

Reorgenteetion Act; (c) APProvol0/ Program. Bs ore the (ill) Any rule, regulation, or order uw of any pockene for the shipment of lessed pursuant to the sections specified licenwd meteriaI subject to this subpart inh)regroph (b)(1)(1) of Any term condition, or this sectiorn oreach licenne shall obtain Commiasion limitation of any license issued under opproval of its quality assurance the sections specified in peregraph program. Each heensee shall file a (b)(1)(i)of this section, duenption ofits quehty assurance (2) For any violation for which a Program. including a discussion of licenu may be revoked under section which requirements of ths subpart are 164 of the Atomic Energy Act of 1954, opphceble and how they will be es amended, satisfied with the Dirsctor, Office of Nuclear Meterial Sefety and Sefeguards.

iii.ite htminalpenest6ee. U.S. Nuclear Regulatory Commission.

(s)Section 223 of the Atomic Energy Washington. DC 20585-000).

Act of 1954, as amended provides for (d)tusring poclose designs The criminal sanctions fot willful violation provisions of this peregraph dul with of, ettempted violation of, or conspiracy packagu that have been opproved for to violate, any regulation issued under use in accordance with this part befor, sections 161b,1611, or 1610 of the Act. january 1.1979, and which heve been For purpose of section 223, all the designed in accordance with the ,

regulations in part 71 are issued under provisions of this pcrt in eflect et the l one or more of emettons 16th,1 Ali or time of application for package 1910, except for the sections listed in appres el. Those packages will be paragraph (b) of thle section. eccepted u having been designed tri l (b)The regulations h part 71 that are accordance with a quality orsurance l not lesued undet sections 161b.1611. or program that utisfies the provisions of 1810 for the purpous of action 223 are peregraph (b) of this section September M,1996 71.H

)

PART 73 o PHYS 6 CAL PROTECT 60N OF PLANTS AND BAATERIALS 73.21(b)

$ it.8 Ima - L -_ 0 IE8 D'88**888 88888888 (4) lacludea e testing and maintenente

i. Races 4 as soutftcatlt authertees b, 088 9'M program to essure control over all

" the cwmiseton in wrtur.e me tourer,. (e)The Nudeer Regulatory activities and devices affecting the

[ tauen er the maritri ef the nrunnuone Commloelos bee sobrnJtted the eff,cunness, rebebthty. and e la "* 8'*rt 68 ant *st" or empletoe et informenon couecuen reguitetnente h

• eteilabihty of the phyelcal protection

'g e omtained le tkle part 2 me office of eyetem. induding a demonstretion that Li., mimerm.,tUe.nY.tf.e ",$. ie"i es a inein ,e cm.

• appcNamQe n

=semeni ui n required amdeiiohei er $e p. f= k eny delna a sudt acuvine. and devaea wm be pro,npuy deiecied and

_  ; Reduction Act of teso(e4 U.S Hot et c.onteted for the total penod of time i n a co.s.,,,ue or,a a een one apprmd me ihe, m ,,quiredasepen a ihe Lacept esbere otherwise specified. all commumcetione end reports concernmg I I",I*"*jgN,",hY,*ng e physical protuhon sysim

,, g,, y3 m ,

P addre d to the rec $oroNues opFN in nnehe R (c) beh licenne ou$ci to the

,,"* a potenei sei,t, and seI,,va,ds o, e, pi.t...is... w ia,u.. L,,,g, gl;n so.

n,. n..,. mat!.,* n og. n *ie

• gugt;,of,,7,pg,p.j,rg,q ,,

n epnroprinit L's. %cc et kersleio9 tsa tsu n er. nM u n.ftn. sad end follow NRC spproved safeguardo E Cumminior, biwrv. DC Mu nr phpical protecdon and esfeguards Appendicee 3 anet c.

vn i t,i c'elne ed in p roun shbe

- contingency plans that ducribe how the Cmmenn e offices et 2120 L 5treet licensee will comply with the NW. biWor. DC or s'11W ."""*"*****" requirements of paraproph (a) and (b) fuo set lue Etailie Alenland (a)in addition to en) other of thle section.

requiremente of this part. each hcensee .

who is authonted to operate e fuel 4 ts.8 0,=tae m m pe.a6 reprocessing plant pursuant to part to ot

'Ih' Ommminalon snas. usan apehen. this chapter. popeone or une formula h anNuIe t euYeassopua'aj quantities olstrategic opecial nuclear

frorn W moutnmenu of uw neuisuona metonal et any ente or contiguous estes e in this part as is eenenntnes an super. subiect to control by the hcenne, is

• imed be t ,' and wiu ret eneanser 4Lfe or authonsed to transport or debter to e R ,s , [Esar*ew**ar*, mg d8 carner for transportation pursuant to

[ ins,,,,g part to of this chapter a si,sies,c specie nudes,lonnulo quantitin mstemet tekn dehury of formula quantitin of in g E.eernedene for eartain quentttlee strategic special nuclear metenal free on I 7&31 ":C - u 1er Die preketen et and hande of opeonel vsveneer metratin' board (f o b ) the point et which it to esseguere, wneews 8

E dehvered to e corner for transportetion. (el C*nem/ performance requirement.

$ A licensee is exempt from the or imports or exports formula quantities Bach 16censee who (1) posusm a es regulmmente of 10 CFR part 36 and I of strategic special nuclear metenal, lonnute quantity of strategic opulel E il F3.30,73.35,73.26. 73.27. 73 45 E shellestabbeh and maintain or make nudear metertel, or 2)le outhortred to R 73.46,73.70 and 73.73 with respect to ; onensemuiu for e phyekel prointion opmte e nuclear po(wer reactor, or (3) the following special nuclear material: systm w*uch wm han n its objecuve transporte. or delivere to e cenier for to provide high sesurance that acuvities transport, e formula quemuty of strategic

- Involvmg sputel nuclut metenal are special sudear meternal or more Saa not inimical to the common defenn and 100 greme ofinediend renent fuel and

. neurity, and do not constitute en each pmon who produces iscalves. or aan Ursr616un.sss samtsind in ar** unrnoonable nok to the pubhc health ecquires Safeguards Infbrmation eheu 79,$'U8*lmaa ui e pensat an and niet) The phyJical protection  : ensure that Sefeguards trJormados le tai erectal nuclear snaternal whtah to eyetem shall be designed to protect  : protected ageinst unsu&ortaed

. e.ot redut wparsbie from emar reauo. asennet the design bute threats of theft , dieclosure. To put this general

acuve matsnal and stuca has a meal or divmion of strategic special nuclear . performance requirement. tkenme sad

essen.sJ todauen ene rete in eseems metonal and radiological esbotage es g pereone subject to this section eheu

! e reanY b c uv 8

plated in i F31(e).

(b) To achieve the general setebbeh end metnteln an information pmtecuon eyetem that includes the

• ' tauruntne emains: ano vai specta) nuclear meanalin a cuan. performance objective of peregraph (e) motsume spec 1Aed in paragraphe (b) tity not ensnatr4 su erame et ursatum* of this section a liceneet shall ntabhsh through(1)of this section.Informouon tas, ursnium.tu, plutonium, or a enia. and maintain, or anange for, e physical protecdon procedures employed by IcEr0 sicY'e e$tE Nif turescal or electronas naborotory.

protection system that:

(1) Provides the performance Blete and local pobce forces are dumed to ant these requiremente.

- capabihties described in i n.28 for in- (b)lqfonnot/on to bepstected The f (d)Specialnudear meteralthatis traneH pmtnuon or in i n el for find spectftc types of trtformetion, b

ette protection unine otherwtes documente. and moorte Set she!! be E etrts transported by the United States authortred by the Commaston; protec4d art u fobows:

Department ofI.nergy t ensport syvem E ~

(1) PhploolPwlection et hnod Sinn.

E tel Spectal nuclear material at non. laformation not otherwise clen!fied ee y oser p resetors (3)le dwigned with sufficient Rntrtcted Date or Neuoul Security Licerates subject to l T3 60 are not redundancy and diversity to ensure IRIermeUos mlettDs to $e protnuon of enempted from ll 7310 and 13.12. and se maintenance of the cepeDilities facWun Set popus fonsula quenuun beensees subject to i13 37 ten are not of stretests specir cudur meteriel and enempted from i T3.13 of this part. g ducribed in ll 73.25 and 73 45'. * "

• a.

(3) Includes e oefoguarde contingency (," ,,' i p ,, g, ic capability that can meet the criteria in In appendix C to thle part "Licenne l Safeguards Contingency Plans;" and 73 5 September 29,1996

PART 73 e PHYSICAL PROTECTION OF PLANTS AND MATERIALS i.w loom ,w ein. jn = ufee m desu r eus. e w =pw w siwa,wnsee . serem, in em8.uspeseen ueensAwiemerwin sencineenn nind u ab w mye neie unu.ny Ruiraiw Dea = wonenei seswur ti)rwoom of afesweelupossa

=po oi ne n i dosi,ileetww et te ww.u mieuv, w me premese ef =pww. eniame=, ama. w phyeleal prtteetese eroteeL ebipmente of formula quenvues of loweetigetlene not tomtene detalle of e

) Detees of storm enten le stret i pclel peleer motortal and beenese's or opphoent' loestee ofletruelen de spent Spectneen r (1)he esowity epwm er that devlees, elete seessement equipment, sempoelte tensporteuse phyeleal anesmoted defects. weehasseen, er eiwa enwm whin, war,ene, poww = ainabinum in me enum, sewese, and dwees storms. (ii) ulos and hinoredes ter Wweetles mondung defects ll t ordwo speine shipmenu. (Reutu and weeknwwe w winwebihan may be

) Wetites teloped after correct 6ons have been

,,,w,e de quenvues Ier obl to of feel

,,,,F ~ ' nie,re easedes. esew uen, derees and are est withheld pu eesleewe- made Reports of investipations may be papel du. Sehed* Iso for i fuel shi may roleesed after the le sea has been tv)Deuus of the en+lte and off.elle be plundle p anw lut

• esmpled mim wt pwnest to almuene opwme het We und E ehlpment of a swfoot eenes) b0isetles E ether evthertues e theCFreedom of 7powny pwpm lui) Detalle of vehiele imme S feetwn,intruslen eiera devlees, med ths).

g Ww)nesse Actjele C.;-:; unes purelene of bok esmbi uene ed semmualeet6en pretene. corroependense ineofer es sentale naulb ad w--

8

- gD.c."enie edeete.e, atte, *si ,m , g*,,l 6,,,',e.) n.*t"*"?,,, ,,og es. .f*ied

==wwu-d-a i,meni e.,heit, ,,m=,d,,,m.e,ne

,e,see,.

) ,ea,t ,,,,, ,,, , e e, s,m,z,,,en:,:,:,.

of u,,) Ae,,,, e, r

iden fled in the ocumente se vitaller ,gg,g, ,,,,g,,g,,, g g ,, , g, g, pwpeen of sentenned elcol wetion, u else secwt'y plane, j p,,,g,, g, ,,,,, g og,g,, , ,,,

esfoguarde senti ney plane or plant a we mr : r.psfee

.. auf ben sum W lafameum speelne plague eMiy e for ani m te pween u webbekd E preducuen se uissenen gethues. eng g_Mweeues 7am est eherwise

• teed h leew"let he beformeven and g tvullne um Iw est utf4 ekwned a faumelwy A ney ple let the le hty or ehe. Wweeuen er Rwertemd Dole selettes - (1) An employee. egent. er contractor fin pertlene of the feelhty of en opphcont, e licenne. the eushfleetion end trelni plan Commlulon, or the United Stotee wh6th hu. lese feetww of the hpical Genmment. Howewr, en indmdval to esewity optom et tuponse praedwee. be authorised eccen to leleguard:

E Informehon by e nuclear power enctut de(talhng else, d6epostuen, tupenna) Respenu plans to specific throete

7. pplicent er hcensee must undergo e tirnes, and armament of topondig edetel Duroeu of Inveetageven artminal i forces hist eheck to the estent required by (it) S:n. orme ment. end dispeelues ef 10 ra sh o+ site teurte fortn. lu) A memhr et a duly evtherteed (ali Sin. ldentity. armement, and commmitin of the Ce orth umn of off.slie forces osaunitted lu Suu w to tospond to oefoguerde emergeno6es. de(s )ne Genmw of led representativget to A eteuve w the Intweetle i Atom 6s Enefy (LAEA) d la eetivtues seesels with the . lARA Sefagwde (mill)lnformation required by the at who hoe been serened by Commission ursuant to 10 CI'R 73.65 NRQ Iv A member of e state erlesellow E (c)(8)and (9. ente)reement eetherity that le E

g__emieien88'*P**888"_P'""

jweis:- ; _

{ *'(vf'As inevidualle whom dioelesere ered pwoment to I a. Pee (s) of his f to art Encept se to Comaleeles may authenee. es porosa mer eselese Sefeguarde InformeIlse to say e6er pereen eseert es set feetle (cMt)er this esseen.

sies wA/4 m use wseeru,a fbile la ene, metter sentalmig rde laterneties ebe8 he under to easwel of as evtbedeed inevedual tee 53 Isabed esewit,etwo e sesi.teved or. swied,e oflook sembinesens poteeses Gefogoude laternesse ehet be Ilmited to e altimum number of porosamel Aur operettag perpenes who have e

• meed to Septeffil>et 29,1996 73 9

._ _ - . _ _ _ _ _ _ _ _ _ _ ._ _ __. _ _ ~_.

4 73.21(d) 73,25(c)

. PMT 73 e PHYSICAL PROTECTION OF PLANTS AND MATERIALS l

beew"and we esberwtee seaberload (1)Mmimite the vulnerabihty of the ds lefeMbetes to strategic epecial nucleet meterial by e**He le Gefag**he sawdense wie pmteises of this yging ghg lollowirig Sublunction$ end procedures:

pMpwooles endone44 et (i) Preplanning Itinerarlee for the alwumenas. Seeb deemment er other _ monement of Crotegic special nucltet I metter that assieles Sofegawds nieteriel:

lefemetwa es detaed le parreph (b) l 78 88 PN'h*8#

• h this ** sees shall be mass ' ii) Periodically updating knowledge (e) gmcept se specifically approved by

$hfweetes'la e the Nuclear Reguletory Comminion, no of(route conditione for the move etrategic special nucleet meIenel:

• • "' # l'e"# Os

'

• ehlpment of special nuclear material Qd h em'"soguired in to shall be made in ponenger aircreit in speelbe ihme infweeues set leen le esce e of (1) 30 groms or 30 curies, (161] Maintaining knowledge of the etetus and position of the strelegic special nucleet meterial en route, end pe oph i Ps W b)othw tem ges,q whichever le len, of plutonlum or geel use end trainlag plass and (iv) Determining and communiceting utenlum 233, or (2) 360 grams of alternative itineraries en route a gleeun. - O to end gion the NRCL utenlum 236 (contained in urenlum conditions wertent. '

.. este and othet mettet see 3 enriched to 30 percent or more in the U.

Sofeguards leformatee le the bende (2) Detect and deley any unauthorised g 236 isotope). ettempt to sein access or introduce sowwtere and agent W besmosa tot E (b) Unten otherw1.e opproud by the unauthorised materials by stealth or Q M E g $ *,*,',F,**',8,','" g g Nuclear Regulsiory Comminion. no force into the vicinity of transports and hcensee may make shipments of special strategic special nucitar materie19 sing esed setten poemed h mwhd Hwege union sentein, her,w, g,r nuclear material in which individual the following subsystems and eso, ehlpmente are los than a formule subfunctions: l lf) Alepresivedien andelsserweedes of quantity, but the total quantity in sistser eenasi 8ehyvends (i) Controlled occus stees to isolate ehlpmente in trenelt et the same time strategic special nuclear meterial and Wwmei/en (1) bguards informaties could equal or emend a formula may b mpeduced w tb miniseus transports to escure thet unauthorised esent anneery sessionest wie esed quantity, unlese either of the following persone shall not have direct accus to,

• " conditions are met: and unauthortred meterials shall not be

• g* " , " ,, -

introduced into the vicinity of the f (*e e

• essures compkte structies of the

[th (1) The hcenote shall conftrro and 10$

the arm el el the hnal destination of e er a 5 Safeguards frJermetten they eestele, Peth indmdual shipment and retain the E proto(11) cedurn Accese detect, enne and detection subsystem I g Kalerne/frenamisslan of [ log for tratte years from the date of the U communicate any unauthorized ela(ru)ments end meterrel.y test (l) flesumeau entry in the los The licensee shall penettetton(or such attenspts) of a er other metter tentelning 5efoguente g also schedule thlpments to ensure that informeUen, whom tronomitted evtside controlled accus ato by persons, en authertied pleos of ese et a g the total quantity for two or m3re vehicles or meteriale 60 that the shipmente in trenelt et the same time eht11 be pechoged to preclude di um response will setlefy the general does not equal or etceed the fonnule of the present,e of protected informouse* performance objective and requirthiente quantity, or (t) Sefeguarde infeemetten may be of I 73.20(e).

treMporud by mmenew* ouster.

UnJud Stews

.- (3) Detect atiempts to gain ele s unauthorised accen or introduce

• ** gewed. (2) Physical protect %n in accordance g(( m b w th the requiremente of l 73.20, 73.25, unauthortred materials into the vicinity of transports by deceit using the

, ,,g and 73.26 le provided by e licenne for following subsysteme and subfunctions:

(s) Ensept unda eme w such ehlpmente se oppropriate so that the total quantity of special nuclear (1) Accese authorisation controle and entrmdisery paditione procedures to provide current Information eheU be transmitted only by materialin the remaining shipmente not protected telecommunlastens aireuses 30 protected, and in transit et the some authortretion schedules and accen criterie for persons, meteriale and nnelud6ng feestmile) approved by the time, does not equal or exceed a formule vehicles; and GC. &bpleet security events regulsed quantity, (11 Access controls and procedurn to eene ed ae o el

' g p , , nd vehicles as e suc id tit "M8 N egelnet current authorisation schedules gm*~ = I l ,e,sioe-78.93 portermance maa*""aa forand accese criteria before permitting YIb o,p'w,e,, *e,,d of os e e,seios e,y* eeee.e. and to initiate response musurn* to deny unauthorised entries.

selfeenialebhin the beensee's 3 (e) To seithe eye $is meet the general E m'9'*' ***'*'

performance *'*a*'t-(c) Prevent or delay unauthorited his aestreeter's feedity and requires the ob}ective and requirements of l 73.30 en entry or introduction of unauthorized ese of as entry ende ler essees to Memd in transit physical protection eyetem meteriale into, and unauthorized hformetesweet eyewee be easd shallinclude the performance W ePP**d I*' '#"'HF by to removal of, strategic special nuclear capabilities doenbod in peregraphs (b) material from transporte. To achieve this 1Ame*" # ** through (d) of this nction unless capability the physical protection tAen seespery.

otherwin authorised by the system shall:

g$'Mgg,,g, Comminion. (1) Detect attempts to gain Sofsguards informetes estagery (b) Restrict access to and activity in uneuthortred entry or introduce whee ver the leformouse nolangse the vicinity of transporte and strategic anauthortred materiale into transporte muu the witute oesteined la Ibis special nuclear meterial. To achieve this by deceit using the following esseen, subsysteme and subfunctions:

capability the physical protection

_ system shall: (i) Accese authortretion controle and 73 7 September 29,1995

__ ___ ~ . _ _ _ _ _ _ . _ _ _ _ _ . _ , . _ _.- ~ . - . _ _ _ . .

PART 73 e PHYSICAL PROTECTION OF PLANTS AND MATERIALS location on ee trein that will permit he notificellos mustlaclude the ebprveuen of the ehlpment car while in lo o)winginformatiorg anotion. (i) De name, addren. and telephone (3) Becorte have the capability of number of the shipper, carrier and communicat6ng with the receiver, commun6r,euone tenter and locallow A description of the ehlpment et enforcement egenc6es thre the use of (H)fied ct by the Department of a tod6otelephone. or other C-rtetion in et CFR l14.301 and spareved equivalent means of two-wey g 37 ),

voke communiceuene, whieb eken ba (Ill) A Deting of the toutH to be wed evelleble on the trein. whhtn tb e4W.

(e) sMpmense by pee. In additi se ,,evisione a pe,s.,eph m.e on to py deo,y4 ,gg g g g g g gg,,,,g,, i, 9'"'em",e'dret,",,l"e,,Le r+iotred ,b,d b,iew wac in , n.,,n,)

tieae isbe o

,roinia a ano n 6, ese shan ,, ovide act ,e,ui,emoni, a i n o.e saa se.

m ^ehi,me e u a ,on wiinnia vessei. heevn, ,o,uisied whoe d hed ei,, i,wi,, .) ne iic m,ensee

,, ,su ,,man

,, ,e,,, vide

,,a,, e a,e

meas,tointa br' ,nci,,u,, to u w,1, ten ,otu,uon.

dis's%",'!e"i Ts'et?"TeU'"ed m m ailmeied daie *ad time of a on the dock at a location that wil! rmit arte frosa tM point of origin d ee i e6",T "i ,'",2**"e' '"" " *-r STEaumeied e,Lement age c,. e ui,,a wim a =* - "ia. d.3e and une a normel1J.EA r io communications. Dil)For th case of e e le ehlpment who is stationed on board the shipment whoH uhedule le not tel d to the venet, or on the doch et a location that schedule of any subsequent ehlpment, a will permit oburvation of the ehlpment statement that schedule information vppl . snust be protected in accordance with

2) A shipment venel, while within the provisions of l F3.21 umul at lesel 10 U.(5 tomtortel waters. or while dwhed s days efter the ehlpment has entered or ei e us port noi wimin a heevar i* ensinated within the state.

populated eres le accompanied by en Dv) For the case of a ehlpmer.1in a enort, who may be en off cor of the series of shipments whose nbedules are shipment vessel e trew. who will assure pelated, e statement thei nhedule  !

that the ohlpment le unloaded only se informellon muel be protected in authortud by the hcenue.

accordance with the provisions of (3) Exorte have the capab6lity of communicetmg with the $ 73.11 unul10 days almt th lut I communicatione center and locallew ehlpment in the perles hH entmd of

" ortstnoted within the state and an ed I lephoNe or"oth r C estimate of the date on which b last approved equivalent means of two.way shipment in the series w1U enter of voice communicettone. originett within the state.

. (4 Alicensee shsllneufy by tele hone or other means a responolble (f) prior to the transport of opent ful indt Idulin the office of the govemot etin the ofnce of the vernor's l within or through a state a licenue du! nn M any n b ochany b t ei sub}nt to thle pcuon shall notify the E sovemor or the govemor e des ee. D e diff b mets hn a hours from the gg licensee shall comply with the Dowing sched information previonly furnishedin accordance whh Leriterie in regard to a neulication: l 73.37(f)(3). and thaU inform bt individul of the number of bours of advance et delay releuve to the written p)ne notincetion must be in writint and sent to the office of each appropriate schedule triformetion peevleuely furnfehod. f pvernor or the pvernor's designes. A ( ) stete officiale, state employen, I settfncetion delivered b meu muelbe en other individuale, whethat or act tsarked at least F ye belem licensees ofr the ' .i i who rt of a ehlpment within et ,,ceive schedule information of the kind through the state. A notlSeatte8B specifled in I rs.gr(f)(3) abaU protect dellymd by neuenget must reach the thet informetion last eneutortoed office of the govemer et the gevormer's dinlosure se la l F8.21, des atleast 4 days be trenegiort of a hipment within or the E ones of etate. A List of the melling a pvernore and govemoto dwignees le evelleble upon request from the Director.Omco of Public Affairs U S g Nuclear Regulator) Commission.

Washtr.gton. D C 205SS September 29,1996 7344

-