ML20210K889
| ML20210K889 | |
| Person / Time | |
|---|---|
| Issue date: | 07/16/1999 |
| From: | Miraglia F NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| RULE-PRM-40-26 NUDOCS 9908060247 | |
| Download: ML20210K889 (6) | |
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DOCKET NUMBER FErlTION RULE PRM40-26) d (e.?rgG5031 DO ' 90-0T-P]
70 NUCLEAR REGULATORY COMMIS510N W NE -4 P4 :22 10 CFR Part 40 3*
[ Docket No. PRM-40-26]
1 ADJU Chromalloy Tallahassee, a Division of Chromalloy Gas Turbine Corporation; Denial of Petition for Rulemaking AGENCY:
Nuclear Regulatory Commission.
ACTION:
Denial of petition for rulemaking.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-40-26) submitted by Chromalloy Tallahassee, a division of Chromalloy Gas Turbine Corporation. The petitioner requested that the NRC amend its regulations regarding the exemption from licensing of source material found in 10 CFR 40.13(c)(8), so that the exemption would include finished parts containing nickel-thoria alloy from both aircraft engines and battle tank engines.
However, after performing a regulatory analysis, no benefits of granting this petition could be identified. Also, it has not been persuasively shown that denying the petition would have a negative impact on Chromalloy since, as a Florida general licensee, Chromalloy currently could repair battle tank engines ontaining nickel-thoria alloy parts provided two possession limits are observed. Further, Chromalloy now indicates it has no definite plans to begin such repairs in the foreseeable future. But, to grant this petition the NRC would incur the cost of conducting a rulemaking. Moreover, before this action could have an effect on Chromalloy, the cost of an additional rulemaking to change the Florida Administrative Code would need to be incurred by the State of Florida. Thus, when viewed in terms of regulatory effectiveness and efficiency, the NRC Q I, [l-f p W I W,,[,( M q(
can not justify the expenditure of resources to grant this petition.
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ADDRESSES: Copies of the petition for rulemaking and the NRC's letter to the petitioner are
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l available for public inspection or copying in the Nuclear Regulatory Commission's Public Document Room,2120 L Street NW. (Lower Level), Washington DC. No public comments on this petition for rulemaking were received.
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FOR FURTHER INFORMATION CONTACT: Mr. John L. Telford, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 416-6229, e-mail JLT@nrc. gov.
SUPPLEMENTARY INFORMATION:
The Petition The petition was submitted by Chromalloy Tallahassee (Chromalloy), a Federal Aviation Administration approved Overhaul and Repair facility located in Florida, a NRC Agreement State.' Chromalloy overhauls and repairs jet aircraft engine combustors (e.g., for the JT9D jet engine). These combustors are made of nickel-thoria. This use of thorium source material falls under the exemption from licensing found in 10 CFR 40.13(c)(8), and in the Florida Administrative Code in Paragraph 64E-5.202(3)(i).
i Chromalloy stated that it was interested in overhauling and repairing the engine of the M1 A1 ABRAMS Mah Battle Tank. This tank's engine is the AGT 1500 gas turbine engine. The combustor of the AGT 1500 contains 15 splash rings and 15 fuel nozzles made of nickel-thoria
'An Agreement State is one which has entered into an Agreement with NRC to assume regulatory authority over byproduct, source, and small quantities of special nuclear material.
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alloy. The thorium content of this nickel-thoria alloy is less than 2% by weight. Moreover, the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (i.e., thorium dioxide). Chromalloy stated that these splash rings and fuel nozzles meet all the technical requirements of the current licensing exemption, except that the exemption is limited to finished aircraft engine parts. Chromalloy requested that the NRC establish an exemption from licensing to include the AGT 1500 tank gas turbine engine.
In support of its petition, Chromalloy referenced a petition for rulemaking submitted to the Commission by E. l. du Pont de Nemours & Company (PRM-40-6) dated February 13,1963.
That petition requested that the Commission amend its regulations to establish an exemption from licensing for persons receiving, possessing, using, transferring, or importing any finished products containing nickel-thorium alloys with up to 4 percent thorium by weight. Chromalloy pointed out that the Commission's response had been:
"the Commission has found that the possession and use in the United States of thorium contained in thorium metal alloys in which the thorium does not exceed 4 percent by weight is not of significance to the common defense and security, and that such activities can be conducted without unreasonable hazard to life or property."
The proposed exemption was for "any finished product or part;" nowhere in '?RM 40-6 do the words " aircraft engine parts" appear.
Chromalloy stated that the final exemption was not published until November 18,1967 (32 FR 15872) and that the expression
- jet aircraft engines" is mentioned for th first time in that notice.
After consulting with the NRC staff, Chromalloy believes that the material used for the 1
experimental tests for the final exemption must have been from jet aircraft engines. At that time, the only use of nickel-thoria components was in aircraft engines. Chromalloy stated that this is 3
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_ possibly the reason the exemption specifies only finished aircraft engine parts. The production of.the M1A1 Abrams Main Battle Tank was begun in 1985. This tank's engine, the AGT 1500, l-contains the same nickel-thoria alloy as is used in the JT9D jet aircraft engine. Therefore, l'
Chromalloy stated that the alloy materialin the AGT 1500 gas turbine engine would produce the same results, if put to the same experimental tests the Commission conducted in 1963-1967.
Chromalloy observed that in a Federal Register notice published by the Atomic Energy I
Commission on November 18,1967 (32 FR 15872), the Commission considered that jet aircraft engine parts are not intended for public use.
"The Commission considers that finished aircraft engine parts containing nickel-l thoria alloy are not products intended for use by the general public within the purview of @ 150.15(a)(6) of 10 CFR Part 150,. "
Finally, Chromalloy asserted that if the Commission does not view the presence of nickel-thoria in aircraft engine parts to be unsafe to the public, then the presence of nickel-thoria in tank engine parts should be viewed in the same light. Moreover, the,
.c's exposure to tank i
engine parts is far less than the public's exposure to jet aircraft engine parts. Therefore, Chromalloy stated that the exemption in @40.13(c)(8) should be applicable to both the JT9D aircraft gas turbine engine and the AGT 1500 tank gas turbine engine.
Public Comments on the Petition l
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l The Notice of Receipt of the Petition was published in the Federal Register on 1
December 10,1997 (62 FR 65039). The comment period closed on February 23,1998. No comments were received.
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Reasons for Denial In order to determine whether this petition should be granted or denied, the NRC performed a regulatory analysis. The details of the analysis are provided below.
Benefit The NRC was unable to identify any benefits of granting this petition. Granting the petition would not improve the level of protection of public health and safety. If the petition were 9 ranted, radiation exposure of workers would be expected to either remain the same or increase modestly. Moreover, granting the petition would neither address a generic issue nor improve regulatory effectiveness and efficiency for eithei me NRC or the State of Florida. The NRC has a mechanism in 9 40.14 to address a non-generic issue by providing a specific exemption, upon review of a request to possess additional source material if Chromal!~/ desired to make such a request, the same mechanism exists in the Florida Administrative Code in Subsection 64E-5.102(1). In addition, granting the petition would not provide any practical benefits to Chromalloy since, it currently may overhaul and repair the AGT 1500 tank gas turbine engine as a general licensee under the Florida Administrative Code Subsection 64E-5.205(1), provided two possession limits are observed. Chromalloy may use and transfer up to 15 pounds of source material at any given time, and may receive up to 150 pounds of source material in any one calendar year. Since the 15 splash rings and 15 fuel nozzles in the AGT i500 tank engine are 2 percent thorium by weight, Chromalloy could possess up to 750 pounds of such nickel-thoria alloy parts at any given time, and up to 7,500 pounds of such parts in any calendar year.
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Impact Denying the petition would have no negative impact on Chromalloy. As a Florida general 1
licensee, Chromalloy could repair AGT 1500 tank gas turbine engines. However, contrary to its stated desires in the petition, Chromalloy now indicates it has no definite plans to begin such
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repairs in the foreseeable future. But, to grant this petition the NRC would incur the cost of conducting a rulemaking. Moreover, before this action could have an effect on Chromalloy, the cost of an additional rulemaking to change the Florida Administrative Code would need to be incurred by the State of Fiorida. Whether Florida would decide to change its Administrative Code is uncertain.
l In summary, this petition is being denied because no benefits of granting the petition
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i could be identified and the cost of granting the petition would include two rulemakings. Thus, when viewed in terms of regulatory effectiveness and efficiency, the NRC can not justify the expenditure of resources to grant this petition. For the reasons cited in this document, the NRC denies the petition.
Dated at Rockville, Maryland, this 16th day of July
.1999.
For the Nuclear Regulatory Commission.
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9 Frank J. Miragliep, r.
Acting Executive Director for Operations.
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