ML20203K342

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Submits Comments on Proposed Revs to North Dakota Transportation Regulations
ML20203K342
Person / Time
Issue date: 02/26/1998
From: Lohaus P
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Mount D
NORTH DAKOTA, STATE OF
References
NUDOCS 9803050059
Download: ML20203K342 (24)
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k UNITED STATES B NUCLEAR REGULATORY COMMISSION i

[f WASHINGTON, D.C. 30846 4 001

% February 26, 1998 Dana K. Mount, P.E., Director Division of Environmental Engir.eering North Dakota Department of Health 1200 Missouri Avenue, Room 304 P.O. Box 5520 Bismarck, ND 58506 5520

Dear Mr. Mount:

The comments below reflect our review of proposed revisions to North Dakota (ND) transportation regulations dated May 15, W97 that were received electronically by the Office of State Programs on May 15,1997, and by hard copy on May 28,1997. They are the follow on comments mentioned in our letter to you dated August 6,1997.

In your cover letter, you asked us to address 10 CFR 71.18 and 71.20 and the corresponding Sections 11 and 12 in ND Chapter 331013. You asked about your ability to enforce these requirements since they are designated Division 4 matters of compatibility under the existing (at that time)"B.7" compatibility procedcos. We do not see any diffk.ulty in your either adopting or enforcing these requirements. Under the new compatibility policy and implementing procedures

approved by the Cominission by Staff Requirements Memorandum dated June 30,1997 (Enclosure 1 describes the new compatibility categories),10 CFR 71.18 and 10 CFR 71.20 are dcsignated compatibility Category D, for amounts of uranium 235 less than 350 grams, whicle is under Agreement State iurisdiction, as you note in Tables 1 and 2. Category D means that the provision is not required for purposes of compatibility. However, if a State chooses to adopt such a provision (in North Dakota's case -issue the General Ucense) the provisions should be adopted in c anner to avoid any conflict, dup %ation or gap with the equivalent NRC requiremei i. ,

We have reviewod Sections 11 and 12 and have two comments.

1. ND 3310-13-12.3.c. Genera' ilcense - Fissile material, limited moderator per package

< states that, 'The total mass of graphite present does not exceed one hundred fiftv times the total mass of uranium 235 plus plutonium (emphasis added).* The correct multiplication factor is 7.7 from the final regulation (60 FR 50248), not 150 from the proposed regulation (53 FR 21550). The Statement of Consideration for the Final Rule explains that the reason for the difference was, an error based on use of an atomic ratio instead of a mass ratio. You need to adopt this comment.

2. We would also like to point out hat 10 CFR 71.18 was amended, effectWe February 10, i 1997, "to correct a recently discovered defect in the current regulations which could permit, in special circumstances, nuclear criticality to occur in shipments of fissile g C 12 =*= materials which are permitted to take place wRhout specific Commission approval," as stated in the summary (62 FR 5907. February 10,1997, Enclosure 2). This amendment g

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l-0 Dana K. Mount is different than the change in the multiplication factor discussed above. *This ,

emergency final rule restricts the use of beryllium and other special moderating materials (i.e., graphite and deuterium)in the shipment of fissile materials and consigns quantity limits on fissile exempt shipments.' The Commission requested public comment and staff is considering whether further changes to the rule should be proposed for Commission approval based on public comment. Given the very small quantities of fissile macerial in the nossession of Agreement State licensees, the possibility that the defect ir' this rule would create a safety issue with an Agreement State licensee is extremely remote. Nevertheless, we recommend that a conforming correction should be made to North Dakota's regulations no later than 3 years from the effective date of the new adequacy and compatibility policy, September 3,1997.

Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final State regulation. However, we have determined that if your proposed regulations were adopted incorporating the first comment and without other significant change, they would meet the compatibility and health and safety categories established in OSP lnternal Procedure B.7.

We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as publisheo" regulations be provided to us for review. As requested in our All Agreement States Letter SP 96 027,"Egguest to Hiohliaht Chances to Aareement State Reoulations Submitted to NRC for Comoatibility Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding these comments, the compatibility criteria, or the NRC regulations used in the review, please contact me or Dr. Stephen N. Sclomon of my staff at (301) 415-2368, or INTERNET: SNS@NRC. GOV.

cerely, t

\l

\

Paul H. Lohaus, Depu y Director Office of State Programs

Enclosures:

As stated l

1

Dans K. Mount 2- )

i* 1 1

] is different than the change in the multiplication factor discussed above. "This emergency final rulc restricts the use of beryllium and other special moderating materials j (i e., graphite and deuterium) in the shipment of fissile materials and consigne quantity

limits on fissile exempt shipments." The Commission requested public comment and staff is considering whether further changes to the rule should be proposed for Commission approval based on public comment. Given the very small quantities of fissile material in the possession of Agreement State licensees, the possibility that the j defect in this rule would create a safety issue with an Agreement State licensee is extremely remote. Nevertheless, we recommend that a conforming correction should be made to North Dakota's regulations no later than 3 years from the effective date of the
new adequacy and compatibility policy, Sepiember 3,1997.

l Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of

. the final State regulation. However, we have determined that !f your proposed regulations were adopted incorporating the first comment and without other significant change, they would meet I the compatibility and health and safety categories establie 1in OSP Internal Procedure B 7.

We request that when the proposed regulations are ado;. .d and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All

, Agreement States Letter SP 96-027,"Reauest to Hiahlicht Chances to Aareement State i Reaulations Submitted to NRC for Compatibility Review"(March 1,1996), please highlight the j final changes and send one cop / in a computer readable format, if possible.

If you have any questions regardin0 these comments, the compatibility enteria, or the NRC regulations used in the review, please contact me or Dr. Stephen N. Salomon of my staff at (301) 415 23R8, or INTERNET: SNS@NRC. GOV.

I i Sincerely,

! OriginalSigned By:

PAUL H. t.0HAUS

! Paul H. Lohaus Deputy Director i Office of State Programs

Enclosures:

As stated Distribution:

DIR RF (7S 148,149,150,151,152,153) DCD (SP08)

, Sdroggitis BUsilton PDR (YES/)

KSchneider LRakovan RBlanton - TO'Brien LBolling Jmyers/ASPO North Dakota File DOCUMENT NAME: G:\SNS\NDTRANSP,SNS *See previous concurrence.

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i OFFICE OSP l OSP DD SFPO[ OGC l OSP;D l NAME SNSalomon:sns/nb/gd/nb PHLohaus EEaston FXCameron RLBangart DATE 08/27/97 12/23/97* 08/27/97 12/25/97* 01/06/98* 02/19/98* 12/26/97*

02/12/98* 02/12/98* 024T/98 i OSP FILE CODE: SP-AG 22 1

, . ~ . _ . . _ . . _ , . . - . ____ m. , , - - _ . _ _ . _ _ . - . . . _ , _ . . . . _ , - _ _ _ _ _ _ . _ . _ - , _ , _ _ . . , - - , . . - , . . . _ . - . -

. l

' Dans K. Mount 2-

- l l

l l is different than the change in the multiplication factor dis ssed above. *This emergency final ru!e restricts the use of beryllium and ot r special moderating materials (i.e., graphite and deuterium) in the shipment fissile materials and consigns q; quantity limits on fissile exempt shipments.* The Com ission requested public

) comment and staff is considering whether further cha es to the rule should be j proposed for Commission approval based on public mment. Given the very small quantities of fissile materialin the possession of Agr/ement Sthte licensees, the

! possibility that the defect in this rule would create a/ safety issue with an Agreement

States licensee is extremely remote. Neverthelesp, we recommend that a conforming correction thould be made to North Dakota's reg ations no later than 3 years from the effective date of the new adequacy and compati ility policy, September 3,1997, d

Under our current procedure, a finding that a State regulation meets the compatibility and health and safety Octegories of the equivalent NRC rygulation may only be made based on a revi9w of the final State regulation. However, we have determined that if your prossed regulations were odopted incorporating the first com' ment and without other significant change, they would meet the compatibility and health and s6fety categories established in OSP Internal Procedure B.7.

- We request that when the proposed regulations.are adopted and published as final regulations, e copy of the "as published" regulations be pro /ided to us for review. As requested in out All Agreement States Letter SP 96 027, *Beauest to Hiahliaht Chanaes to Aareement State t Regulations Submitted to NRC for Comoatibility Review"(March 1,1996), please highlight the final changes and send one copy in a computer readable fermat, if possible.

/

~

If you have any questions regarding these comments, the compatibility criteria, or the NRC

. regulations used in the review, please contact me or Dr. Stephen N. Salomon of my staff at (301) 415-2368, or INTERNET: SNS@N C. GOV.

Gincerely,

/

Paul H. Lohaus, Deputy Director

Enclosures:

/ Office of State Programs As stated DistributiOD: /

DlR RF (7S 148,149,150,151,1Q2,153) DCD (SP08)

SDroggitis / PDR (YES/)

KSchneider LRakovan RBlenton TC/Brien LBolling Jyyers North Dakota File DOCUMENT NAME: G:\SNS\NDTRANSP.SNS

/ , k $D

  • See. previous concurrence.

T. c.c.~. . en oe w. oocum.nunec.i. in m. doc c9 con .coui n.e.ne.noow. r cm .e ppnrenMwe T : No con

, OFFICE OSP l OSP.DD l SFPO 7/p/6 'OGC OSP:D NAME SNSalomon:sns/nb/gd/nb - PHLotaus EEaston h6 FXCameron RLBangart DATE 08/27/97 12/23/97* - / 08/27/97 12/25/97* 01/06/98 02/ /98 02/ 3 /98 02/$%8 i

'~

OSP FILE CCDE: SP AG 22

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6 Dana K. Mount 2-  ;

We request that when the proposed regulations are adopted and published as al regulations, a copy of the "as published" regulations be provided to us for review. As reqpted in our All Agreement States Letter SP 96-027, "Pa~-' to Hiabhht Chama to Asimat Na i Regulations Submitted to NRC for Compahbility Review" (March 1,1996) ase highlight the Anal changes and send one copy in a computer readable forrr,at, if poss . ,

i On a different transportation matter, we would also like to point out 10 CFR 71.18 was amended, effective February 10,1997, "to correct a recenti; iis red defect in the current regulations whkh could permit, in special circumstances, nuc!sar' icality to occur in shipments of Assile materials which are permitted to take place specific Commission ,

approval," as sta: d in the summary (62 FR 5907, February ,1997, Enclosure 2). This 1 amendment is different than the change in the multiplicatio factor discussed above. "This  :

emergency Anal rule restricts the use of baryllium and of r special moderating materials (i.e.,

i graphite and deuterium) in the shipment of fissile mate ' is and consigna quantity limits on  ;

4 Assile exempt shipments.' Staff has determined that is regulation does not have to be -

s, although this regeilation was issued  !

j. adopted by Agreement States on an emergency

! as an immediately effective final rule. The Com sion requested public comment and is in i the process of powising.thaJula.

i

! r.,ew si d teiq Md A t 6 c h q s. , 6 A ru)A w ,

j- If you have any questions regarding these mments, the compatibility criteria, or the NRC rt.q uu).

regulations used in the myiew, please coptact me or Dr. Stephen N. Salomon of my staff at l (301) 415 2368 - INTf..*< NET: SNSONRC. GOV.

t l Sincerely,

[

Paul H. Lohaus. Deputy Director Office of State P.ograms I

%( i g3 l

Enclosures:

/ M v 7 #f^ .

! As stated - dg ,

</Wu l i l Distribution:

}~ DlR RF (7@-148,149,150,151,152,153) DCD (SP08) i SDroggitis - POR (YES/)

. KSchneider. LRakovan

~ RBlanton TO'Brien

LBolling. JMyers

[ North Dakota File o DOCUMENT NAMF: G:\SNS\NDTRANSP.SNS - *See prior oncurrence.

c v. . i, - v . c. e = =:m-. v.c. .r. . .

I -

OFFICE OSPS/15 16 OSP.D ! ] SFPO , m OGC. l OSP4),l ,

L NAME SNSalomon*;an_s PHLohaust

  • EEaston N
  • FXCameron -- RLBangsh W i

L DATE 08/27/d7 06/27/97- 18/ /97 - 12/ /97 12dB7

(- 11lMM7 - UIV(IfI l'I G I n B

' OSP FILE CODE: SP AG 22

Dana K. Mount 2  :

We request that when the proposed regulations are adopted and published as fina 'gulations, a copy of the "as published" regulations be provided to us for review. As request in our All Agreement States Letter SP 96-027, "fittque3t to Hiahlicht Chances to Aareement State Regulations Submitted to NRC for Comoatibility Review"(March'1,1996), pl s'se highlight the final changes and send one copy in a computer readable format, if possible On a different transportation matter, we would also like to point out that40 CFR 71.18 was amended, effective February 10,1997, "to correct a recently discovete'd defect in the current regulations which could permit, in spec lal circumstances, nuclear cr)tIcality to occur in shipments of fissile materials which are permitted to take place w!!hout specific Commission approval," as stated in the summary (62 'R 5907, February 10,f1O97, Enclosure 2). This amendment is different than the change in the muulplication factor discussed above. "This emergency final rule restricts the use of beryllium and other special moderating materials (i.e.,

graphite and deuterium)in the shipment of fissile materialt,hnd ennsigns quantity limits on fissile exempt shipments." Staff has determined that thistegulation does not have to be adopted by Agreement States on an emergency basis3 sithough this regulation was issued as an immediately effective final rule. The Commission requested public comment and is in the process of revising the rule.

If you have any questions regarding these comments, the compatibility criteria, or the NRC regulations used in the review, please contact the or Dr. Stephen N. Salomon of my staff at (301) 415 2368, or INTERNET: SNS@NRC. GOV.

Sincerely,

/

,/ Paul H. Lohaus, Deputy Director Office of State Programs

/

Enclosures:

/

As stated .,

j Qistribution: .,

DIR RF (7S 148,349,150,151,152,153) DCD (SP08)

SDroggitis / PDR (YES/)

KSchneider / LRakovan RBlanton / TO'Brien LBolling JMyers North Dakota File DOCUMENT NAME: G;\SNS\NDTRANSPAO *See prior concurrence.

i. e.e.w . cw oe w. son,m.nt. wme io mot c4 con .h.mn.nv.naom. v . com we .wnnone.naou. v . m eon OFFICE OSPSUS (i OSP:DT }/ SFPO OGC l OSP:Q)q NAME SNSalomon*:sns PHLohausI M EEaston FXCameron RLBangaftW DATE 08/27/97 08/27/97 08/ /97 12/ /97 12M97 O/WM 7/V(/4 /

OSP FILE CODE: SP-AG-22 1

-_-____ _ __.___ - _ _____ _-_-_-_ _ ____- -____--_ a

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

Dans K. Mount' 2- .

4 We request that when the proposed regulations are adopted and published s final >

regulations, a copy of the "as published" regulations be provided to us f rt. view.

i As requested in our All Agreement States Letter SP 96-027, "Reauest Hiahliobt i Chanaes to Aareement State Reaulations Submitted to NRC for Comnitibility Review" 2 (March 1,1996), please highlight the final changes and send one c y in a computer readable format, if possible.

If you have any questions regarding these comments, the com atibility criteria, or the NRC regulations used in the review, please contact me or Dr. Ste en N. Salomon of my staff at (301) 415 2368, or INTERNET: SNS@NRC, GOV.

I' j Sincerely, l

i Paul H. haus, Deputy Director Office f State Programs

Enclosures:

As stated i

i Distribution: f DIR RF (7S 148,149,150,151,1 2,153) DCD (SP08)

SDroggitis RKuli ski PDR (YES/)

, KSchneider LRa) van RBlanton TC LBolling JM)$rien yers 4

North Dakota File DOCUMENT NAME: ,G:\SNS\NDTRANSP.SNSI

  • y w I' c r i n e . ..n .e ** 4 ni. we . . m in. i,..: c rw/) fe.us .n.cnm.nir.ncio.or. . c ,, in.ii.cnm.nii.ncio.u,. w - e4. copy OFFICE ,OSP3n 5 ] 6 OSFrip /l C3C OSP:D l l NAME SNSalomon:gd:nb PHLohaud ' FXCameron RLBangart DATE /

084t/97 08U 97 08/ /97 08/ /97 i '

.i"/ OSP FILE CODE: SP-AG 22 i

e--eea w, e e, w -,--www.v- -vee- r 8 w- e--- i--iv---- ----re>- +-*e-v+---w--w er-- y +w - -- ,-s---r+w --r--- --w---<r+--na-,.- , -y--- y w

Comnatibility Catamorv and H&S Identification for NRC Raoulations Key to categories: A= Basic radiation protection standard or related definitions signs, labels or terms necessary for a conimon u.derstanding of radiation protection principles. The State program element should be essentially identical to that of NRC.

B= Program element with significant direct transboundary implications. The State program element should be essentially identical to that of NRC.

C= Program element, the essential objectives of which  !

should be adopted by the State to avoid conflicts,  ;

duplications or gaps. The manner in which the essential objectives are addressed need not be the same as NRC provided the essential objectives are met.

D= Not required for purposes of compatibility.

NRC = Not required for purposes of compatibility. These are NRC program element areas of regulation that cannot be relinquished to Agreement States pursuant to the AEA or provisions of Title 10 of the Code of Federal Regulations. The State should not adopt these program elements.

H&S = Program elements identified as H&S are not required for purposes of compatibility; however, they do have particular health and safety significance. The State should adopt the essential objectives of such program elements in order to maintain an adequate program.

ENCLOSURE

- 1

[ Federal Register: February'10,1997 (Volume 62, Number 27)]

[ Rules and Regulations)

[Page 5907 5913)  !

From the Federal Register Online via GPO Access [wals. access.gpo. gov)

[DOCID.fr10fe97 3)

===========================,======================================u

NUCLEAR REGULATORY COMMISSION 10 CFR Part 71 RIN 3150 AF58 i

Fisslie Material Shipments and Exemptions AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations regarding the shipment of exempt quantitles of fissVe materin,I and the shipment of fissile material under a general license.

This emergency final rule restricts the use of beryllium and other special moderating materials (i.e., graphite and deuterium) in the shipment of fissile materials and consigns quantity limits on fissile exempt shipments. These amendments are necessary to correct a recently discovered defect in the current regulations which could permit, in special circumstances, nuclear criticality to occur in shipments of fissile materials which are permitted to take place without specific Commission approval. The regulatory defect is not indicative of unsafe fissile matarial shipments in the past. Rather, it was identified by

- Babcock & Wilcox (B&W) during preparation for shipment of an unprecedented type of fissile material that could result in nuclear criticality under current requirements. This unique material is produced as a waste product from processing of strategic material resulting from operations to commercially downblend weapons usable fissile material from the former Soviet Union. Although this rule is being issued as an immediately effective final rule, the Commission is requesting public comment and will revise the rule if necessary.

((Page 5908))

DATES: This final rule is effective on February 10,1997. Comments must be received by March 12,1997, if public comments require changes in ENCLOSURE 2

m. , . .

4 the rule, timely notice will be rblished in the Federal Register.

ADDRESSES: Comments may be submitted either electronically or in written form. Mail written comments to: U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Docketing and Service Branch. Hand deliver comments to: 11555 Rockville Pike. Rockville, MD l between 7:30 am and 4:15 pm Federal workdays. For information on l submitting comments electronically, see the discut sion under Electronic Access in the Supplementary Information Section. Copies of comments received may be examined at the NRC Public Document Room,2120 L Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Nalem S. Tanloua, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commisslori, Washington, DC 20555-0001, telephone (301) 415-6103, E mail: INTERNET;NST@NRC. GOV St,PPLEMENTARY INFORMATION:

Background

On September 11,1996, an NRC fuel cycle facility licensee, Babcock

& Wilcox, Naval Nuclear Fuel Division (B&W), notified NRC by telephone that it had discovered that the NRC and U.S. Department of Transportation (DOT) regulations (10 CFR 71.53 and 49 CFR 173.453, respectively) on fissile exempt shipments do not provide adequate enticality safety for certain shipments of fissile material \1\

(enriched uranium containing beryllium oxide.) Specifically, B&W discovered through calculations, that a shipment, intended to be shipped pursuant to Sec. 71.53(d), containing large amounts of an exempt concentration of enriched uranium in the presence of beryllium, could result in a nuciear criticality. \2\ B&W indicated that a beryllium oxide-enriched uranium mixture would be produced as a waste product from its processing of strategic material resulting from operations to commercially downblend weapons usable fissile material from the former Soviet Union. B&W promptly notified the NRC of its concem, provided its calculations to the NRC, and made commitments not to make any such shipments. The NRC staff subsequently reviewed and verified B&Ws calculations and determined that expeditious revisions to NRC regulations are needed to correct the deficiency because an inadvertent nuclear criticality in the public domain could involve fatalities, health effects from the resulting radiations, and extensive clean-up costs.

\1\ Fissile material is defined in 10 CFR Part 71 and 49 CFR Part 173 as: Plutonium-238, plutonium 239, plutonium 241, uranium-233, uranium 235, or any combination of these radionuclides.

Packages used for shipment of materials containing these radionuclides must meet specific standards and operating limits

designed to preclude nuclear criticality during transport, unless expected by specific regulations (e.g.10 CFR 71.53 or 49 CFR 173.453).

\2t For transportation purposes, nuclear criticality means a condition in which an uncontrolled, self sustaining and neutron-multiplying fission chain reaction occurs. Nuclear criticality is generally a concern when sufficient concentrations and masses of fissile material and neutron moderating material exist together in a favorable cor. figuration. The neutron moderating material cannot achieve criticality by itself in any concentration or configuration.

It can enhance the ability of fissile material to achieve criticality by slowing down neutrons or reflecting neutrons.

The criticality safety problem brought to NRC's attention with respect to Sec. 71.53 caused the NRC staff to review 10 CFR Part 71 to determine whether any other provisions of this Part might be similarly deficient. The general licenses in Secs. 71.18 and 71.22 provide for criticality control by limiting the quantity of fissile material in a single package (i.e , similar to the quantity based fissile exemptions in 10 CFR 71.53). Section 71.10 also assigns a criticality transport index (pursuant to bec. 71.4) to each package. These sea.ons were found to have deficiencies comparable to those discovered in Sec. 71.53 in inat there are no restrictions placed on speclat moderating materials (i.e., materials which would increase the number of neutrons available to cause fission as compared with ordinary water), and Sec. 71.22 has the additional deficiency of not limiting the total amount of fissile materialin a conveyance. During the NRC staff's review, sections Sec. 71.20 and Sec. 71.24, which also provide gcneral licenses, were found to tia adequate in that the moderators of conce,n were excluded.

Packa0es for shipments made in accordance with a fissile material exemption in Sec. 71.53 or the general license in Sec. 71.18 or Sec. 71.22, are not required to be certified by NRC. The intent of Secs. 71.53,71.18, and 71.22 is that any materials packaged and shipped in accordance with the kmits in these sections (and the other applicable sections of 10 CFR Part 71 and 49 CFR Part 173) 3re incapable of an inadvertent criticality. The B&W analyses demonstrated that a deficiency exists in these requirements.

The NRC has already taken a number of actions to resolve the potential safety prob!em identified by B&W, First, the NRC obtained a commitment from B&W not to ship Be-U materials without prior NRC authorization and confirmed this commitment in a Confirmatory Action Letter (CAL) dated 0,:tober 10,1996. Subsequently, the CAL was superseded by an immediately offective Confirmatory Order Modifying License dated December 16,1996, which imposed B&Ws commitment as a legally binding license condition. The NRC had no reason to doubt B&Ws earlier voluntary commitment because B&W had demonstrated its concem for safety by bringing the problem in the first place to the NRC's

_.m_ _ __

i attention. However, the NRC staff also believed that, given the  :

significance of this issue for public health and safety, the NRC needed ,

to exercise its full authority to assure itself and the public that the one licensee known to be in a position to make potentially unsafe shipments wat legally prevented from doing so pending completion of  ;

this rulv. ,ang. l On Deca.uber 5,1996, NRC also issued NRC Information Notice 96-63 to all NRC licensees authorized to possess special nuclear material.

The purpose of this information notice was to alert all such licensees to this problem so that any of them who might be in a position to make potentially unsafe shipments could take appropriate measures.

The NRC also brought this problem to the attention of the U.S.  ;

Department of Transportation (DOT) and the U.S. Department of Energy (DOE). DOT la a co regulator of fissile material shipments and is currently revising its parallel regulations in 49 CFR Part 173 on an expedited basis. DOE makes many shipments of fissile exempt material each year.

Discussion The safety problem uncovered by t, e B & W calculations, and verified by the NRC, involves quantities, geometries, and concentrations of fissile materials and moderators which could result in criticality when shipped in compliance with sections of the regulations for which criticality analyses are not required. The current regulations (fissile exemptions in Sec. 71.53 ano the general licenses in Secs. 71.18 and 71.22) are based on the assumption that water is the only moderator which might be present in fissile exempt shipments. These rules are assumed to provide inherent criticality safety without a need for shippers to perform separate analyses.

However, some moderators (herein referred to as special moderating materials) can increase th6 number of

((Page 5909))

neutrons available to cause fission as compared to ordinary water and result in the potential for criticality in shipments where these moderators are present, even though the shipments are in compliance with 10 CFR 71.53 and 49 CFR 173.453.

Until recently, the presence of special moderating materials in significant quantities in NRC-regulated shipments of fiss!!e exempt materials was not anticipat60. However,' certain intemational -

initiatives, including efforts of reduction in stockpiles of strategic material by processing for commercial use, have resulted in the greater likelihood of inclusion of these materials in NRC regulated shipments.

The materials proposed to be shipped by B&W, which prompted this final rule, rGsulted from such a source. A recent contract was awarded to B&W to process weapons-usable enriched uranium materials from the Republic of Kazakstan. Tt.e waste product of the processing, a uranium-beryllium i

filtercake, met the fissile exemption provisions in 10 CFR 71.53(d) and 49 CFR 173.453(d). However, B&W used a computer model of the enriched uranium beryllium oxide waste packages, to demonstrate that if the packages were loaded for shipment into a sea-land container, and at the regulatory fissile exempt concentration limit, adequate confidence in nuclear criticality safety would not have been provided. NRC has verified through independent analyses that the concems raised by the B&W analysis are valid end appl / to other geometries and moderating characteristics as well. To guard against inadvertent criticality, this final rule restricts shipments of fissile material with three cpecial moderating materials: beryllium, graphite, and deuterium.

However, limiting beryllium, graphite, and deuterium to trace quantities would not completely eliminate the possibility of criticality in fissile oxempt or generally licensed shipments. There is also a need ts limit the quantity of materialin a single consignment (the B&W criticality model calculations were performed using 200 cm high infinite slab configuration). The problem of a lack of control on the total amount of fissile exernpt material in an exempt shipment, was originally iden'ified during the revision process for the 1996 Edition of the International Atomic Energy Agency's (IAEA's)" Regulations for the Safe Transport of Radioactive Material," Safety Series No. 6, 1996. The problem was addressed in Safety Series No. 6,1996, by adopting a consignment limit on the amount of fissile exempt material that a shipper could transport as a private carrier or deliver to a common carrier for shipment. The NRC can.1ot presently enforce a limit on the total quantity of fissile materialin a common carrier shipment because the regulations do not require a transport index for each package or require shipment by exclusive use. The latter would restrict the ataility to use common carriers, while requiring a transport index would t. gate much of the advantage gained by the exemption. Consignment limite ere enforceable and represent a practical oparating limit that would prevent the potentially unsafe accumulation of fissile exempt materials during shipment.

Therefore, this final rule restricts special moderating materials and includes consignment limits on shipments of fissile materials under the provisions of Secs. 71.22 and 71.53. This final rule also restricts special moderating materials under the provisions of Sec. 71.18.

Together these changes will eliminate the possibility of inadvertent criticality during shipments made in compliance with 10 CFR 71.18, 71.22, or 71.53. The NRC anticipates that DOT vill issue parallel revisions to 49 CFR Part 173. Accordingly, NRC and DOT are coordinating the necessary revisions to 10 CFR Part 71 and 49 CFR Par 1173.

Compatibility With the IAEA Standards On September 9,1996, the Board of Governors of the IAEA approved the 1996 revisions to Safety Series No. 6. Among the changes in these revised IAEA regulations are that consignment limits and limits on the types of moderators were placed on the fissile exemptions in paragraph

072 of Safety Series No. 6,1996. The changes to 10 CFR Part 71 made by this rulemaking are generally compatible with the changes made to IAEA Safety Series No. O,1996. Future revisions to 10 CFR Part 71 and 49 CFR Part 173 are planned by NRC and DOT, respectively, to bring them into general accord with other sections of lAEA Safety Series No. 6, 1996.

One area in which this final rule for 10 CFR Part 71 is not compatible with IAEA Safety Series No. 6,1996, paragraph 672 is that graphite was added as a special moderating material in the 1995 revisions to 10 CFR Part 71 (60 FR 50248), but does not appear in lAEA Safety Series No. 6,1996. [ Graphite is limited by the current general licenses in 10 CFR 71.20 and 71.24.] The NRC believes that it is appropriate to continue to limit graphite (being a special moderating material) in domestic regulations for shipment of fissile material.

Therefore, the revisions to the fissile exemotions in 10 CFR 71.53 and the generallicenses in 10 CFR 71.18 and 71.20 provide for exclusion of other than trace cuantitles of graphite.

Attematives Considered To determine the appropriate amendments to 10 CFR 71.18,71.22, and 71.53, the NRC staff considered the following three alternatives:

1. The No-Action Alternative. This alternative is not acceptable to the NRC. Shipments of fissile material (Be-U mixtures) meeting the fissile material exemption requirements could be made in a configuration that does not maintain criticality safety during transport. Therefore, this alternative was not pursued.
2. Eliminate the fissile material exemption. This alternative is not acceptable to the NRC. Elimination of fissila material exemption, while solving the criticality safety problem identified by B&W, would create other p,oblems. Many packages, such as those containing low-level radioactive waste materials (e.g., lon-exchange resins), contain only trace concentrations of f ssile nuclides, which are incidental to the overall radioactivity of the package contents, and criticality events are not credible for shipments of these packages. The Sec. 71.53 fissile material exemptions are applied for these shipments, and there IS a continuing need to provide far this application. Elimination of Sec. 71.53 would place an additional burden and cost on many shippers whose shipments posed no criticality safety concems. Therefore, this alternative was not pursued.
3. Revise the fissile material exemptions in Sec. 71.53 and the generallicensees in Secs. 71.18 and 71.22 to exclude the presence of special moderating materials such as heryllium, deuterium and graphite in other than trace quantitles, and place consignment limits on shipments. Together these changes solve the criticality safety problem identified by B&W and the related problem of the potential accumulation of an unsafe quantity of fissile materials in a shipment. Given the limited number of affected shipments and the small number of licensees invoiad, some additional costs on shippers may be expected because

they can no longer use the fissile material exemptions and general licenses for materials with beryllium, deuterium and graphite in other

'han trace quantities, and because some shipments may have to be divided to meet the consignment limits. It keeps the exemption and generallice se provisions available for other shippers.

((Page 5910])

This alternative was chosen by the NRC staff, and is the basis for the following specific changeu in Secs. 71.18,71.22, and 71.53.

Changes in 10 CFR 71.18,71.22, and 71.53 Section 71.18 The title of Sec. 71.18: General license: Fissile material, limited quantity per package, remains the some. Also paragraphs (a), (b), and a >

(c) in Sec. 71.18 remain the same. The old paragraph (d) In Sec. 71.18 is replaced by three new paragraphs: (d), (e), and (f). The new paragraph (d) covers generallicenses for packages containing no more than a type A quantity of radioactive material where fissile material is mixed with substances having an average hydrogen density greater than water (defined in Sec. 71.20). The new paragraph (e) restricts the quantity of beryllium, graphite, or hydrogenous material enriched in deuterium in a package to no greater than 0.1% of the fissile material maan. The new paracraph (f)is a modification of the old paragraph (d) that includes a simplified formula for calculation of the minimum transport index. -

Section 71.22 The title of Sec. 71.22: General License: Fissile material, limited quantity, controlled shipment, remains the same. Also paragraphs (a),

(b), and (c) in Sec. 71.22 remain ths same. The old paragraph (d) is modified with the addition of a new table and accompanying formula which restrict the mass of uranium 235 and other fissile materialin a controlled shipment. The table gives both new limits of 290 g and 180 g for uranium 235 and other fissile materials, when these materials are mixed with substances having hydrogen density greater than water; the table also gives the old Sec. 71.22 limits for shipments of U 235 and other fissile material when mixed with subsiances having a hydrogen density less than or equal to water, The new paragraph (e) restricts the quantity of beryllium, graphite, or hydrogenous material enriched

n deuterium in a package to no greater than 0.1% of the fissile material mass. Paragraph (f) is the same as old paragraph (e).

Section 71.53 The title of Sec. 71.53 remains the same. The introductor,

paragraph restates the old Sec. 71.53 language that packag ;I are l exempted from the fissile material standards of Sec. 71.55 and Sec. 71.59; however, the same paragraph restricts these exempted packages to only situations when beryllium, graphite, or deuterium is not present in quantities exceeding 0.1% of the fissile material mass.

A new paragraph (a)is added which contains a formula and an accompanying table to limit individual consignment, but also includes the requirements in old paragraphs (a), (b)(1) and (2), and (d) . The remainder of Sec. 71.53 (paragraphs (b), (c), and (d)) is essentially the same as the old Sec. 71.53 (paragraphs (c), (f), and (e)).

Good Cause for immediate Adoption The Commission is promulgating this emergency final rule because the problem of regulatory safety limits over quantities and concentrations of fissile material and moderators, which has bee .

demonstrated to permit criticality in at least one proposed shipment, is an important safety issue meriting immediate corrective action. An accidental nuclear criticality in the public domain would very likely involve fatalit!es, health effects from the resulting radiations, and extensive clean-up cos'.s.

Shipments of fissile exempt material are normally made without any associated criticality analysis because in the past 1 has been assumed that the regulations provide inherent critbality safety. However, B&Ws contemplated shipment demonstrates that this assumption is not correct for all possible types of shipments. Whi;e the Commission expects that B&Ws commitment, as expressed in the NRC's Confirmatory Order, not to undertake shipments without the prior approval of the NRC, and the Information Notice issued to all licensees authorized to possess special nuclear material, will prevent an unsafe shipment from occurring pending revinlon of its rules, the Commission does not track shipments by licensees made under the provisions of 10 CFR 71.18, 71.22, or 71.53. Moreover, the nature of the materials being imported and shipped domestically has recently changed due to initiatives with the States of the former 00Viet Union to reduce weapons-usable material such as high-enriched uranium. The materials B&W had intended to ship were byproducts from processing this type of material. Shipments made under 10 CFR 71.18,71.22 or 71.53 are made without specific NRC '

approval and the possibility exists that a licensee could unwittingly make ao unsafe shipment in reliance upon the preaent rules. Thus, the Commissm must amend its rules quickly to prevent unsafe shipments from occurring.

For the reasons stated above, the Commission finds good cause, pursuant to Section 553(b)(B) of the Administrative Procedure Act (APA)

(5 U.S.C. 553(b)(B)), to dispense with notice and prepromulgation public commelt as being impracticable and contrary to the public interest. Further, the Commission finds, pursuant to Section 553(d)(3)'

of the APA (5 U.S.C. 553(d)(3)), that good cause exists for making these amendments immediately effective because the need to have these

.e. ..

1

)

. 1 l

regulations in place outweighs the inconvenience, if any, to licensees l who may need to alter shipping plans.

Nevertheless, the Commission is providing a 30-day post- l promulgation public comment period during which interested persons are invited to submit their comments to the Cor, 'nission. Within a reasonable time after the end of the comment period, the Commission will publish a statement in the Federal Register containing an evaluation of the significant comments received and any revisions of the rule to be made as a result of the comments.

Electronic Access Comments may be submitted electronically, in either ASCll text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via intomet. -

Background datuments on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.

If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the t$ll free number (800) 303 9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).

Using ANSI or VT 100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Mah Menu." Users will find the "FedWMd Online User's Guides" prticularly helpful. Many NRC subsystems and data bases also have a "delp/information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 3213339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the "Rogulatory, Government Administration and State Systems," then selecting " Regulatory Information Mall." At that point, a menu will be

((Page 5911))

displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online main menu, The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line, if you access NRC from FedWorld's main menu, you may retum to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu, However,if you access NRC at FedWorld by using NRC's toll free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telne' fou will see the NRC area and menus, including the Rules Menu. / .aough you will be able to download

p. , ?

. s

.o . ~

. j documents and leave messages [you'will not be able to write comments or1 )

- upload files (comments). If you contact FedWorld using FTP, all files '  !

- can be accessed and downloaded but uploads are not allowed; all you . ,

will see is a list of files without descriptions (normal Gopher look). l An index file listing all files within a subdirectory, with .

descriptions, is available. There is a 15 minute time limit for FTP _  ;

acm . .

+ +

' Although FedWorld also can be accessed through the World Wde Wab,  !

' like FTP, that mode only provides access for downloading files and does. ,

not display the NRC Rules Menu. . _

For more information on NRC bulletin boards call Mr. Anhur Davis, 1 1

Systems integration and Development Branch, NRC, Washington, DC 20555-0001, tclophone (301) 415-5780; e-mail AXD3Onrc. gov.- l i

Finding of No Significant EnvironmentalImpact: Avai! ability  ;

. i The Commission has determined, under the National Environmental 1

( Policy Act of ig6g, as amended, and the Commission's regulations in j Subpart A of 10 CFR Part 51, that this rule is not a major Federal  ;

action significantly affecting the quality of the human environment, '

and therefore an environmental impact statement (EIS) is not required, LThe Commission's " Final Envircnmental Statement on the Transportation of Radioactive Mater i by Air and Other Modes," NUREG.

0170, dated December 1977, is NRC's generic EIS, covering all types of radioactive material transportation by all modes (road, rail, sir, and water). The total limited quantity impacts were included in the overall i transportation risk assessment in NUREG-0170 and foand.to be .

acceptable. The radiological safety impact estimates in this EIS i

. clearly bound the impacts fe :mited quantity shipments of fissile  ;

material containing speci, dorating materials.

This final rule affects ont small subset of the limited quantity shipments, i.e., those that contain both fissile material and special .

moderating materials. NUREG-0170 does not specify the annual number of limited quantity, fissile material shipments containing special  ;

moderating materials,- but does estimate that 50,000 NRC-certified fissile material packages (used for larger quantities of, and/or more highly enriched, fissile materials) would be shipped in 1985. The number of shipments affected by this final rule is a small fraction of the NRC certified fissile package shipments because fissile materials -

containing special moderating materials are less common than moderately enriched fissile materiales . .

The options avaNGlo to licensees under this final rule include .

! shipping the matenal using different administrative controls (i.e'.,

shipping it as a fissile material and not using the quantity-limited _~

exemption / general license) or reducing the special moderating material.

concentration to specified limits. The NRC staff believes the first' option may prove more economical because the increase _in cost in making _

~ a single shipment under fissile material controls is less than that 1

involved in reducing or removing the special moderating material. Under ,

i

'r+

E - 1 -

this option, the same number of shipments are made as befors, the rule  ;

change, but shipments of fissile materials containing special i moderating material would be ma6 in NRC certified packages. Under the latter option, the concentration of special moderating material might be reduced through additional processing, perhaps involving dilution or j extraction. This option may involve additional transportation, either i due to the increase in shipment volume due to dilution, or the transportation of extracted mateiials. Since the quantities of affected fissile materials are relatively small, staff believes the additional transportation would also be small.

The two options provide the added nuclear criticality safety control the rule seeks, either through the use of NRC-certified i packages, and the administrative controls associated with their use, or through the reductiun of the concentration of special moderating materials to an acceptably low level. Thus, the ultimate environmental  ;

impact of the rule is beneficial in that criticality safety is increased.

" +

Paperwork Reduction Act Statement

)

This final rule does not contain a new or amended information ,

collection requiroment subject to requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection requirements were approved by the Office of Management and '

Budget, approval number 3150-0008.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

Small Business Regulatory Enforcement Faimess Act in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget.

-Backfit Analysis

- The NRC has determined that a backfit analysis is not required for this final rule because these amendments do not involve any provisions

- that would require backfits as defined in 10 CFR Part 50.109(a)(1).

List of Subjects in 10 CFR Part 71 Criminal penalties, Hazardous materials transportation,' Nuclear -

materials, Packaging and containers, Reporting and recordkeeping t

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O requirements.

For the reasons set out in tne preambts and ur: der the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended; and 5 U S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 71. '

PART 71-PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

1. The authority citation for Part 71 continues to read as follov/s:

Authority: Secs. 53, 57, 62, 63, 81,161,182,183, 68 Stat.

930,932,933,935,948,953, 954, as amended sec. 1701,106 Stat.

2951,2952,2953 (42 U.S.C. 2073,2077,2092,2093,2111,2201, 2232,2233,2297f); sues. 201, as amended,202,206,88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841,5842,5846).

Section 71.97 also issued under sec. 301, Pub. L. 96 295,94 Stat. 789-790.

2. Section 71,18 is revised to read as follows:

Sec. 71,18 Generallicense: Fissile material, limited quantity per package.

(a) A generalI!:ense is issued to any licensee of the Commission to transport

((Page 5312))

fissile material, or to de2ver fissile material to a carrier for transport, without complying with the package standards of subparts E and F of this part, if the material is shipped in accordance with this section.

(b) The generallicense applies only to a licensee who has a quality assurance program approved by the Commission as satisfying the provisions of subpart H of this part. ,

(c) Except as provided in paragraph (d) of this section, this 9enerallicense applies only when a package containe no more than a Type A quantity of radioactive material, including only one of the following:

(1) Up to 40 g of uranium 235; (2) Up to 30 g of uranium 233; (3) Up to 25 g of the fissile radionuclides of plutonium, except that for ent 1psulated plutonium beryllium neutron sources in special form, e A<lNF>1 quantity of plutonium may be present; or (4) A > cmbination of fissile radionuclides in which the sum of the ratios ~ '..e amount of each radionuclide to the corresponding maximum amounts in paragraphs (c) (1), (2), and (3) of this section does not exceed unity.

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(d) For packages where fissile material is mixed with substances )

having an average hydrogen density greater than water,' this general ['

license applies only when a package contains no more than a Type A quantity of radioactive material, including only one of the following: a (1) Up to 2g g of uranium 235; (2) Up to 18 g of uranium-233; (3) Up to 18 g of fissile radionuclides of plutonium, or (4) A combination of fissile radionuclides in which the sum of the ratios of the amount of each radionuclide to the corresponding maximum amounts in paragraphs (d) (1), (2), and (3) of this section does not exceed unity.

(e) Except for the ben vi contained within the special form plutonium beryllium s- u authorized in paragraph (c) of this section, this generailiw se applies only whon beryllium, graphita, or hydrogenous material en. bed in deuterium is not present in qu ntitles exceeding 0.1% of the fis*,,,,e material mass. .

(f)(1) Except as specified in paragraph (f)(2) of his section for L encapsulated plutonium-beryllium sources, this generallicense applies only when, a package is labeled with a transport index not less than the number given by the following equation, where the package contains

- x grams of uranium 235, y grams of uranium 233, and z grams of the fissile radionuclides of plutonium:

Minimum Transport Index = (0.25x + 0.33y + 0.4z).

(2) For a package in which the only fissile material is in the form of encapsulated plutonium beryllium neutron sources in special form, the transport index based on criticality considerations may be taken as 0.025 times the number of grams of the fissile radionuclides of plutonium.

(3) Packages which have a transport index greater than 10 are not authorized under the generallicense provisions of this part.

3. Section 71.22 is revised to read as follows:

Sec. 71.22 General license: Fissile material, limited quantity, controlled shipment.

(a) A general license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a

' carrier for transport, without complying with the package standards of Subparts E and F of this part, if limited materialis shipped in accordance with this section, (b) The general license applies only to a licensee who has a

!' quality assurance program approved by the Commissic, as satisfying the '

provisions of Subpart H of this part.

(c) This general license applies only when a package contains no more than a Type A quantity of radioactive material and no more than 400 g total of the fissile rad 6onuclides of plutonium encapsulated as -

L -- plutonium-beryllium neutron sources in special form.

l

)

e (d) This general license applies only when:

(1) The mass of fissile radeonuclides in the shipment is limited H

such that the . '

l

[ GRAPHIC) [ TIFF OMITTED] TR10FE97.000 l

where X and Y are the mass defined l'n the table following paragraph  !

(d)(2) of this section; or .

l (2) the encapsulated plutonium-beryllium neutron sources are in I special form and the total mass of fissile radionuclides in the  !

shipment does not exceed 2500 g.

Permissible Mass Limits for Shipmentr sf Fissile Material Fissile Fiss%

materialmass materialmass (g) mixed with (g) mixed with >

substances substances .

Fissile material having a having a hydrogen hydrogen density less density than or equal greater than to water water U ra niu m-2 3 5(X) . . ... . . . .. . . . . . . . . .. . . . . . . 500 290 Other fissile material (Y)............... 300 180 (e) Except for the beryllium contained within the special form plutonium beryllium sources authorized in paragraphs (c) and (d) of ,

this section, this general license applies only when beryllium, graphite or hydrogenous material enriched in deuterium is not present in quantities exceeding 0.1% of the fissile material mass.

(f) This general license applies only when shipment of these

. packages is made under procedures specifically authorized by DOT, in accordance with 49 CFR Part 173 of its regulations, to prevent loading, transport, or storage of these packages with other fissile material shipments.

((Page 5913))

. 4. Section 71.53 is revised to read as foilows:

Sec. 71.53 Fissile material exemptions.

Fissile materials meeting the requirements of one of the paragraphs in (a) through (d) of this section are exempt from fissile material classification and from the fissile material package standards of

  1. Secs 71.55 and 71.59,' but are subject to all other requirements of this part. These exenctions apply only when beryllium, graphite, or

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j hydro' penous material enriched in deuterium is not present in quantities-exceeding 0.1 percent of it Assile material mass.

j _ (a) Fissile me.erbi .uch that l [ GRAPHIC) (TIFF OU.!TTED) TR10FEg7.001 i.

. for an individual consignment, where X and Y are the mass limits j - defined in table following paragraph (a)(3) of this section, provided that

} (1) Each package contains no more than 15 g of fissile material.

, For unpackaged material the mass limit of 15g applies to the i i conveyance; or I

. (2) The fissile material consists of a homogeneous hydrogenous  ;

solution or mixture where the minimum ratio of hydrogen atoms to . j 2  ;

fissile radionuclide atoms (H/X) is 5200 and the maximum concentration

of fissile radionuclides within a package is 5 g/ liter; or (3) There is no more than 5g of fissile material in any 10 liter 1 4 volume of material and the materialis packaged so as to maintain this  !
limit of fissile radionuclide concentration during normal transport.

The Requirements for Packages Containing Fissile Material Fissile Fissile r ,

' j materialmass materialmass.

i- (g) mixed with (g) mixed with j substances substances - '

t having an , - having an ?

Fissile material . average average : ,

hydrogen. hydrogen.

density less- density

than or equal greater than
to water- water t  ;

Uranium 235(X).............. ........... 400 .2g0  ;

10ther fissile materfal(Y).............. 250 180 ,

(b) Uranium enriched in uranium 235 to a maximum of 1 percent by i

. . weight, and with total plutonium and uranium 233 content of up to 1

% percent of the mass of uranium 235, provided that the fissile material ,

is distributed homogeneously throughout the package contents and does not fnrm a lattice arrangement within the package. ' -

_(c) Liquid solutions of uranyl nitrate enriched in uranium-235 to a

' maximum of 2 percent by weight, with a total plutonium and uranium 233 Lcontent not exceeding 0.1 percent of the mass of uranium 235, and with: ,

a minimum nitrogen to uranium atomic ratio (N/U) of 2. _

i (d) Plutonium, less than 1 kg, of which not more than 20 percent by  !

. mess may consist of plutonium-23g, plutonium 241, or any combination of t- these radionuclir' 3. -

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.i Dated at RockWh; Maryland, this 4th day of ~ebruary,1997.

For the Nuclear Augulatory Commission.

John C. Hoyle, Secretary of the Commission.  !

[FR Doc. 97 3175 Filed 2 7 97; 8:45 am)

BILLING CODE 7950-01 P 4

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NORTil DAKOTA

  • < DEPARTMENT OF llEALTil y

N ENVikONMENTAL HEALTH SECTION 1200 M ssourt Avenue P.O. Box $520 Da,marck, North Dakota 5850fr$520 May 15, 1997 FaH701328m

/

Oh Mr. Paul aus Deputy Director Office of State Program's U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

Dear Mr. Lohaus:

Enclosed is e copy of the North Dakota Radiological Health Rules with proposed revisions. The amendment package is now out for public comment. Final comments are due August 2, 1997. The Department has also transmitted a copy of this material to you via e-mail.

The enclosed table indicates which NRC rule makings were incorporated into this rule revision. The following are several issues that the Department would like the NRC to address:

1. 10 CFR 71.18 and 71.20 are listed in 60 FR 50248 as division four compatibility items. The NRC revised these rules to require NRC approved QA Programs for fissile material packages. North Dakota currently has Sections 11 and 12 in Chapter 33-20-13 that corresponds to 10 CFR 71.18 and 71.20.

The amounts of material covered in Sections 11 and 12 of Chapter 33-10-13 clearly fall under Agreement State jurisdiction. North Dakota has revised these sections to include QA requirements equivalent to the NRC's. Also, note that North Dakota has now adopted NRC's QA regulations by reference. This should actually have very little affect on North Dakota licensees since all users of Type B packages in North Dakota also do work in NRC jurisdiction and have already obtained NRC QA Program approvals. By making 10 (IR 71.10 and 71.20 division four items of compatibility, NRC is saying North Dakota cannot enforce its regulation.

2. The Department received a copy of the Federal Register final rule notice on decommissioning criteria for license Enwronmental Heam. Secten Envkonmental Municipal Waste Water and Enforcement Engineenng ( Facilities Management ouakty 701 328 5100 701 328 5188 701328-b211 70132tF5166 701 328 5210 Pnnted on recycledpaper.

Q

e I Mr. Lohnuo 2 May 12, 1997 t

i termination and believing that the rule was finaled incorporated it into a new Section 18 at the end of 33-10-04.1. Even though the NRC has not finaled this rule, the Department has left it in this revision in its current form.

The Department feels that adoption of these revisionc will make the North Dakota Radiological Health Rules compatible with all applicable NRC rules promulgated prior to and including the regulation concerning criteria for the release of patients administered byproduct material finaled on January 29, 1997.

If you have any questions please feel free to contact this Department at (701)328-5188 or e-mail Ken Wangler, Radiation Control Program Manager, at ccmail.Lwanglor@ ranch. state.nd.us.

Sincerely, -

fY O' ~/

( Dana K. Mount, P.E.

Director, Division of Environmental Engineering DKM/GKies Encs

9 i

General Authority: NDCC 23-20.1-04, 28-32-02 Law Implemented: NDCC 23-20.1-04, 28-32-02 33-10-13-11. General license - M: i fEissile :1;;; ::

materimi. 14 =4 tad crunntity nar package.

1. A general license is hereby issued to any licensee to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped ;; ; fi;;il; ;10.v=:: p;;h;;; in accordance with this meetien, ,

L This eeneral license annliam eniv to a license who han a cuality amaurnnce crocram that meets the ann't icable recuirementa of 10 CFR 71 aubeart H and is annrooed by the decartment er the United States nuclear recul g comminaien.

91. This general license applies only when a package contains no more than a Type A quantity of radioactive material, including only one of the following
a. Up to forty grams of uranium-235;
b. Up to thirty grams of uranium-233;
c. Up to twenty-five grams of the fissile radionuclides of plutonium, except that for encapsulated plutonium-beryllium neutron sources in special form, an As quantity of plutonium may be present; or
d. A combination of fissile radionuclides in which the sum of the ratios of the amount of each radionuclide to the corresponding maximum amounts in subdivisions a, b and e of this subsection does not cxceed unity.

I l +1. a. Except as specified in subdivision b of this l subsection this general license applies only when a package containing more than fifteen grams of l fissile radionuclides is labeled with a transport I

4 13 17

l 4.

~

index not less than the number given by the following equation 15 )

Minimum Transport Index = (0.4x + 0.67y + z) (1 -

x+y+z where the package contains x grams of uranium-235, y grams of uranium-233, and z grams of the fissile radionuclides of plutonium,

b. For a package in which the only fissile material is in the form of encapsulated plutonium-beryllium neutron sources . in special form, the transport index based on criticality considerations may be taken as 0.026 times the nunber of grams of the fissile radionuclides of plutonium in excess of fifteen grams.
c. In all cases, the transport.index must be rounded up to one decimal place and may not exceed ten.

History: Effective June 1, 1992.

General Authority: NDCC 23-20.1-04, 28-32-02 Law Implemented: NDCC 23-20.1-04, 28-32-02 33-10-13-12. General license - 3 : :izt;d, fEissile ;1;;; If material. limited moderator ner package.

1. A general license is h:::by issued to any licensee to fissile material, or to deliver fissile transport material to a carrier for transport, if the material is shipped ;; ; fi;;il :12;; :: pa:k;g in accordance with this section.
2. This eeneral license annlies nniv to a licensee who han a cuality anaurance crocram that meets the annlicable recuirements of 10 CFR 71. subnart H and is annreved by the denartment or the United states nuclear regulatorv i comminnien.

1 This general license applies only when all of the 91 following requirements are met.

l 13-18

e 4

o.

a. The package contains no more than a Type A quantity-of radioactive material.
b. Neither beryllium nor hydrogenous material enriched in deuterium is present.

c.' The total me.ss of graphite present does not exceed

,  %%Yirid6d31f tV' timeT the total mass of uranium-235 plus plutonium,

d. Substances having a higher hydrogen density than vater are not present, except that polyethylene may be used for packing or wrapping.
e. Uranium-233 is not present, and the amount of plutonium does not exceed one percent of the amount of uranium-235.
f. The amount of uranium-235 is limited as follows:

(1) If the fissile radionuclides are not uniformly distributed, the maximum amount of uranium-235 per package may not exceed the value given in the following table:

Table 1 Urab u.n enrichment in weight percent of Permissible maximum orams uranium-235 not exceeding of uranium-235 per par e

- ' ~

24 40 20 42 15 45 11 48 10 51 9.5 52 9 54 8.5 55 8 57 7.5 59 7 60 6.5 62 6 65 13-19

1

+

v 9-

-5.5- 68 5 72 4.5- 76 4 8C 3.5 88 3 100 2.5 120 2 164 1.5 272 1.35 320 1 680*

0.92 1200*

  • Pursuant to the department's agreement with the United States nuclear regulatory commission, jurisdiction extends only to three

. hundred fifty grams of-uranium-235.

(2) If the fissile radionuclides are distributed uniformly, the maximum amount of uranium-235 per .

4 packars may not exceed the value given in the following table:

Table 2 .

Uranium enrichment in weight percent of Permissible maximum grams uranium-235 not exceeding of_ uranium-235 per package 4 84 3.5- 92 3 112 2.5 148 2- 240 1.5 560*

1.35 ,

800*

  • Pursuant to the department's agreement with the United Statas nuclear. regulatory commission, jurisdiction extends only to

- ' three hundred fifty grams of uranium-235.

4 13-20 i

, , eas e,-

e ,

Y o Y

\'

e 9 The transport index of each package based on criticality considerations is taken as ten times the number of grams of uranium-235 in the package divided by the maximum allowable number of grams per package in accordance with table 1 or 2 above as applicable.

History: Effective June 1, 1992.

General Authority: NDCC 23-20.1-04, 28-32-02 Law Impleuented: NDCC 23-20.1-04, 28-32-02 33-10-13-13. Fissile material - Assumptions as to unknown properties. When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties had credible values that would cause the maximum nuclear reactivity.

History: Effective June 1, 1992.

General Authority: NOCC 23-20.1-04, 28-32-02 Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 28-32-02 33-10-13-14. Preliminary determinations. Prior to the first use of any packaging for the shipment of radioactive material:

1. The licensee shall ascertain that there are no defects which could significantly reduce the offectiveness of the packaging;
2. Where the maximum normal operating pressure will exceed thirty fcur and thrc tcnths thirtv-five kilopascal (5 psi) gauge, the licensee shall test the containment system at an internal pressure at least fifty percent higher than the maximum normal operating pressure to verify the capability of that system to maintain its structural integrity at that pressure;
3. The licensee shall determine that the packaging has been fabricated in accordance with the design approved by the United States nuclear regulatory commission; and 13-21

u e l

,Y

4. The licensee shall conspicuously and durably mark the packaging with its model number, gross weight, and a package identitication number assigned by the United States nuclear regulatory commission.

History: Effective June 1, 1992.

General Authority: NDCC 23-20.1-04, 28-32-02 Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 28-32-02 33-10-13-15. Routine determinations. Prior to each shipment of licensed material, the licensee shall determine that:

1. The package is proper for the contents to be shipped;
2. The packape is in unimpaired physical condition except for superficial defects such as markn or dents;
3. Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects; ,
4. Any system for containing Jiquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid;
5. Any pressure relief device is operable and set in accordance with written procedures;
6. The package has been loaded and closed in accordanca with written procedures;
7. 7.ny structural part of the package which could be used to lift or tie down the package during transport is rendered inoperable for that purpore unless it satisfies design requirements specified by the United States nuclear regulatory commission;
8. er The level of removable radioactive contamination on the external surfaces at each package offered for shipment is as low as reasonably-achievablem.and within the limits specified in 49 CFR 173.443 h 1;c;l Of r;;;/;bl; radi;;; tic; ;;nt;;incti;n n;y b;

&tcrmi;;d h3 wipin;;; an c r;;. cf thr;; hundr;d

g;;.r; ;;ntim;ter; cf th; surf;;; ;;n;;rn;d wiCh an 13T22

)

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