ML20212A873

Forwards Index Documents for Regulatory History File of Final Rule 10CFR71, Fissile Matl Shipment & Exemptions. Portions of Encl Filed in Central Files

ML20212A873
Person / Time
Issue date:	10/17/1997
From:	Tanious N NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Lanham D NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20008B661	List: ML20212A873 ML20212A892
References
FRN-62FR5907, RULE-PR-71 AF58-2-001, AF58-2-1, NUDOCS 9710270052
Download: ML20212A873 (9)

Text

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,oncam pggs -1, y*- 1 UNITED STATES s* ,j NUCLEAR HEGULATORY COMMISSION WA&HINGToN, D.C. 20%H001

'4 9*****,# 0-tda 17,1997 MEMORANDUM TO: Donald H. Lanham Nuclear Document System (NUDOCS)

Office of information Resource Management FROM: Naiem S. Tanious M [ q Regulation Development Branch Division of Regulatory Applications Office of to. clear Regulatory Research

SUBJECT:

INDEX DOCUMENTS FOR REGULATORY HISTORY FILE OF A FINAL RULE ON FISSILE MATERIAL SHIPMENTS AND EXEMPTIONS (10 CFR PART 71)

Attached are an index and the documents for regulatory history file of a final rule. This final, entitled " Fissile Material Shipments and Exemptions," was published on February 10,1997 (62 FR 5907).

Each document that can be made available to the public document room is marked 'PDR* in the upper right-hand corner of the front page. Documents that cannot be made available to the public are marked "CF' on the front page. A'. requested by Betty Golden of ADM in her memorandum dated February 19,1997, documer.ts marked 'CF' are grouped after the documents marked "PDR*.

If you have any questions, please call me at 415-6103.

Attachments:

1. Index

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INDEX - REGULATORY HISTORY Final Rule Entitled " Fissile Material Shipments and Exemptions 10 CFR Part 71 PDR.DATE FROM IQ SUBJECT EQB 02/10/97 FRN Final Rule (62 FR 5907) Yes 01/30/97 TMartin DMeyer implementation Yes GF_DAIE ERQM IQ SUBJECT EDR 01/27/97 JHoyle HThompson SRM No 12/30/96 JTaylor - Commission SECY 96 268 No 12/23/96 DMorrison JTaylor Final Rule No 12/31/96 GCranford DMorrison Concurrence No 12/19/96 MLesar BSheldon Comment & Concurrence No 12/11/96 CPaperiello DMorrison Concurrence No 12/11/96 FMiraglia DMorrison Concurrence No 12/13/96 DMeyer DMorrison Concurrence No 12/11/96 DMorrison Office Directors Request for Review No and Concurrence 12/0L'96 JTaylor Commission Information Memo No 10/16/96 CPaperiello DMorrison Request for Rulemaking No 09/12/96 B&W Nuclear Criticality No

t- [)k Federal Register / Vol, 62. No. 27 / Monday, February 10, 1997 / Rules and Regulations 5907 Jo the area unten you harvested the crop. in Animal ar'd Plant Health inspection PART 78-BRUCELLOS13 which case we wtil use the harvested Service Accordingly, we are adopting as a prodmtion. If you do not continue to care for the crop,our appraisal n ado prim to final rule, without change the interim 9 CFR Part 78 rule that amended 9 CFR 78 and that defernna the daim will int used to detannine the produc tion to count. and (Docket N o. 96-WI was published at 61 FR 58625-58626 on (2) All harvested production imm the Drucellosis In Cattle; State and Area N'"* I8'18 "

- insurable actuage' Authority: 21 U.S C. til-uta-1,114g.

Classifications! New Mealco 115. H7,120,121,123-126,134b, and 134f, 131Itarvested production whkh, due to insurable causes, in determined not to meet AGENCYI Animal and plant floalth 7 CFR 2.22,2SO, and 371.2(d).

the United States Ttandards for Fresh inspection Service, USDA, Dune la washington DC, this 4th day of Cranberties if available, or would not meet ACitON: Affirmatlon of Interitu ruso ab

+

Oary 1997, those standards if properly handled, or does I nal rule. Terry 1. Medley, rmt meet the quality requirements of the .

Administmfor, Animaland Plant Heahh receiving handler if the United States

SUMMARY

We are adopting as a final Inspection Service.

Standants for Fresh Cranbnrries,if not rule, without change, an interim rule (FH Doc. 97-32 to Filed 2-7-97; 8:45 aml available, and such barvested production has that amended the brucellosis regulations eu ,,acoes m m a value less than 75 percent of the market concerning the interstate movement of prir.e for crunbenies meeting the minimum cattle by changing the classification of requirements will be ad}usted by: New Mexico from Class A to Class l'ree. NUCLEAR REGUt ATORY (t) Dividing the value ger barrel of such .We have deter nined tha' New Mexico COMMISSION crenterries by the market price per banel for meets the standards for Class Free cranterries meeting the mintmtun stats.a The interim rule was necessary 10 CFR Part 71 requirements; and to relieve certain restrictions on 11.0 (16) Multiplying the result by the number of interstate movement of cattle from New barrels of such cranberrie*- Mexico. Fissile Material Shipments and 11 Written Agreements EFFECTIVE DATE:The interim rule was Exemptions Designated terms of this pohcy may bn effective on November til,1996, altered by written agmement in accordance FOR FORTHER INFORMATION CONTACT Dr. Commission' with the followina: Michael J. Gilsdorf, Senior Staff ACTION: Mnal rule, (al You mdat apply in writing for each Veterinarian. llrucellosis Eradication written agreement no later than the sales Staff, VS, ApillS suite 31108,4700 River swMARY:The Nuclear Regulatory i - dosing date, except as prmided in section Road Unit 30. Riverdale, MD 20737- Commission (NRC)is amending its illeh 1231,(301) 734-7708. regulations regardinn the shipment of (b) The .pplit atton for a written agreement exempt quantities obissile materlal and SUPPt EMENT ARY INFORMATION must contain all variable terms of the the shipment of fissile material under a contract betweem you and us that will be in llackgruund general lleense. This emergency final effect if the written agreement is not ive and rule restricts the use of beryllinm and b h other special moderating materials (i.e.,

( if ppmved. the written agreement will published in the Federal Register on graphite and douterium)in the November 18,1996 (61 FR 5a625-include all variable terms of the contract. 58626, Docket No. 96%45-1), we shipment of fissile materials and including, but not limited to, crop type or consigns quantity limits on fissile amended the brucellosis regulations in variety, the guarantee, premium rate, and 9 CFR part 78 by removing New Mexico exempt shipments. These amendments price elelm from the list of Class A States in are necessary to correct a recently (d) Each written agreement will only be S 78,41(b) and adding it to the list of discovered defect in the current valid for one year (if the written agreement Class Frue States in 5 78.41(a).- regulations which could permit,in is not s[wifically renewed the following Cominents on the interim rule were spo"lal circumstances, nuclear year insurance coveraae for subsequent crop required to be received on or before criticality to occur in shipments of years will be in enordance with the printed January 17,1997. We did not receive fissile materials which are pennitted to policyh and (el An s.pplication for a wrmen agreement any comments.The facts presented in take place without specific Commission submitted after the sates closing date may bn the interim rule still provide a basis for approval. The regulatory defect is not approved if, after a physicalinspection of the the rule, indica!!ve of unsafe fissile material acreage,lt is detennined that no loss has This action also affirms the shipments in the past. Rather,it was" occurred and the crop is insurable in Information contained in the interim identified by Babcock & Wilcox (B&W) acconiance with the pohcy and wrinen rule concerning Executive Order 12806 during preparation for shipment of an agmement pmvisions, and the Regulatory Flexibility Act, unprecedented type of fissile material Signed in Washington. DC on lanuary 31.

Ewcutive Orders 1:372 and 12988, and that could result in nuclear criticality ign the Paperwork Reduction Act. under current requirements.This Further. for this action, the Office of uni ue materialis produced as a waste Kenneth D. Ackennan, " *

"* V '" * " "' # * ' "E Mmager FederulCroP Imurance teview process n* quired by Executive material resulting from operations to C"P""*1 " Order 12866. commercially downblend weapoas-lFR Dm 9 Nil.in Filed 2+0r. H e aml usable Ilssilo material from the former sittmo coca wa , f.lst of Subjects m.9 Cl,R Part 70 Soviet Union. Although this rulo is Animal disea<es. llison, Cattle, liogt bemg issued as an immediately ef fective Quarantine. Reporting and final ruh*, the Commission is requesting recordkeeping requirement 5 public comment and will revise the rule TranyorWo. ifne.emrt

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, Sf)0!! Federal Register / Vol. G2, No. 27 / Monday, February 10, 1997 / Rules and Regulations

- DATES:This final rule is effective on that a teryllium oxide-enriched . The NRC has already taken a number February 10.19n Comments must im uranium mixture would be produced as of actions to resolve the potential safety received by March 12,1997. If pblic a waste product from its processing of problem identified by B&W, First, the comments require changes in the rule, strategic material resulting from NRC obtained a commitment from B&W timely notice will be published in the operations to comrnercially downblend not to ship Be-U materials without prior Federal Register, weapons usable fissile ma'erial from the NRC authorization and confirmed this former boviet Union,ll&W promptly cominilment in a Confirmatory AClion ADDMESSES: Comments may be Letter (CAL) dated October 10,1996, submitted either electronically or in notified the NRC of its concern, Subsequently, the CAL was superseded written form. Mall written comments to: provided its calculations to the NRC, U.S. Nuclear Regulatory Commission, and made commitments not to make any by an immediately effective Confirmatory Order Modifying 1.icense Washington, DC 20555-0001, Attention: such shipments. The NRC staff dated December 16,1996, whica Docketing and Le, a. Ard. Iland subsequently reviewed and verified B&W's calculations and determined that imposed D&W's commitment as a deliver comments to: 11555 Rockville legally binding Ilcense condition. The Pike, Rockville, MD betwoon 7:30 am ' expeditious revisions to NRC NRC had no reason to doubt B&W's and 4:15 pm Federal workdays. For regulations are needed to correct the deficiency because an inadvertent earlier voluntary commitment because information on submitting comments B&W had demonstrated its concern for electronically, see the discussion under nuclear criticality in the public domain safety by bringing the problem in the Electronic Access in the Supplementary could involve fatalitiss, heahh effects first place to the NRC's attention.

information Section, Copies of from the resulting radiations, and Ilowever, the NRC staff also believed comments received may be examined at extensive clean up costs. at " 8 the NRC Public Document Room,2120 The criticality safety problem brought gfr ,8 sh d $"'

LS t NW, (Lower i evel). to NRC's attention with res ect t ,

neebued to exercise its full authority to as ilngton, DC- $ 71.53 caused the NRC sta ito review assure itself and the ublic that the one FOR FURTHER INFORMATION CONTACTt 10 CFR Part 71 to determine whether licensee known to be in a position to Nalem S. Tanious, Office of Nuclear any other provisions of this Part might make potentially unsafe shipments was Regulatory Research, U.S. Nuclear be similarly deficient.The general legall prevented from doing so pending Regulatory Commission, Washington, licenses in $$ 71,18 and 71.22 provide com fetion of this rulemakin .

DC 20555-0001, telephone (301) 415- for criticality control by limiting the O December 5,1996,NRCalso 0103, E-mail: issued NRC Information Notice 96-63 to

, IN'ITRNET:NST@NRC. GOV quantity ackage i.e., (ofsimilar fissiletomaterialin the quantity.a sing!- all NRC licensees authorized to possess

>ased fissile exemptions in 10 CFR special nuclear material. The purpose of SUPPLEMENT ARY INFORMATlON: 71.53). Section 71.18 also assigns a this information notice was to alert all llackground criticality transport index (pursuant to such licensees to this problem so that On September 11,1996, an NRC fuel $ 71.4) to each package. These sections any of them who might be in a position cycle facility licensee, Babcock & were found to have deficiencies to make potentially unsafe ship.nents Wilcox, Naval Nuclear Fuel Division comparable to those discovered in could take appropriate measures.

(D&W), notified NRC by telephone that S 71.53 in that there are no restrictions The NRC also brought this problem to placed on special moderating materials the attention of the U.S. Department of it had discovered that the NRC and U.S.

(i.e., materials which would increase the Transportation (DOT) and the U.S.

Department of Transportation (DOT) ri gulations (10 CFR 71.53 and 49 CFR number of neutrons available to causo Department of Energy (DOE). DOT is a fission as compared with ordinary co regulator of fissile material 173.453, respectively) on fissile exempt shipments do not provide adequate water), and S 71.22 has the additional shipments and is currently revising its criticality safety for certain shipments of deficiency of not limiting the total parallel regulations in 49 CFR Part 173 amount of fissile materialin a on an expedited basis. DOE makes many fissile material * (enriched uranium i containing beryllium oxide.) conveyance. During the NRC staffs shipments of fissile exempt material review, sections S 71.20 and S 71.24, each year.

Specifically. D&W discovered through calculations, that a shipment, intended which also provide general licenses. p "**; "

to be shipped pursuant to S 71.53(d), were found to be adequate in that the moderators of concern were excluded. The safety problem uncovered by the containing large amounts of an exempt D & W calculations, and verified by the concentration of enriched uranium in Packages for shipments made in NRC, involves quantities, geometries, the presence of beryllium, could result accordance with a fissile material and concentrations of fissile materials in a nuclear criticality, a B&W indicated exemption in $ 71.53 or the general and moderators which could result in license in $ 71.18 or 5 71.22, are not criticality when shipped in com liance mude matertal is defin.J in to cm rart ri and required to be certified by NRC. The with sections of the regulations or

- 49 CFR Part tr3 as: Plutonium-23a plutonium-239. gnient og $$ 71 $3,71.18, ang 71.22 is plutonlum-241. urentum.233. uranium r3s. or any which criticality analyses are not combinanon of these radionuchd Pattases uad that any matenals packaged and '

requimd. The current regulations (fissile for shipment of materials containing thew shipped in accordance with the limits in exemptions in S 71.53 and the general radionuclides must meet spetthe standards and these sections (and the other applicable licenses m $5 71.la and 71.22) are based npermitna hmia designed to preclude nuclea' sections of 10 CFR Part 71 and 40 CFR

" "" ' n the assumption that water is the only

'NnIrYi$t[oI[i[gTNYi3%,'*a$g s part 173) are incapable of an inadvertent m derator which might be present in imm critical ty. The D&W analyses fissile exempt slupments. These rules nor transporwion purpons. nuaear criticanty . demonstrated that a deficiency exists in are assumed to provide inherent n acs a condinon in whwh an unconimned. self- these n quirements.

susumina and neutma multiplyins fission chain criticality safety without a need for i

reaction occurs Nudaar ctdicahty la generally a shippers to perform separate analIses.

<nneern w hen suffnient concentrations and masses crescahty by linell m any ton.:entration or I OWeVer, some moderators (herein of haade rtialerial and neutron rnoderaGng matersal ronhgurbon 11 can enhance the abdity of fasnic edit together m a favorable confirstation. The maienalIr ach,en cruitahty bv slowmg down ICI"tred to a5 Special moderating neuttnn mederat"* Ter.d cann,n achiew rautrons or reth tmg neunent materiaIsl can increaw the number of

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" ~ Federal Register / Vol. 62. No. 27 / Monday, February 10, 1997 / Rules and Regulations 5909 could transport as a private carrier or fissile material. Therefore, the revisions neutrons available to cause il sion as campared to ordinary water and result deliver to a common carrier for to the fissile exemptions in to CFR

- in the potential for criticality in - shipment. The NRC cannot presently 71.53 and the general licenses in 10 CFR shipments where these moderators are enforce a limit on the total quantity of 71.18 and 71.20 provide for exclusion of

, present, even though the shipments are fissile materialin a common canier other than trace quantities of graphite.

- in compliance with to CFR 71.53 and shipment because the regulations do not Alternatives Ccmsidered

- 49 CFR 173.453. require a transport index' for each Until recently, the presence of special package or require shipment by To determine the appropriate amendments to 10 CFR 71.18, 71.22, moderating materials in significant exclusive use. The latter would restrict ,

and 71.53, the NRC staff considsad the quantitles in NRC-regulated shipments the ability to use common carriers, of fissile exempt materials was not - while requiring a transport index would following three alternatives:

anticipated. llowever, certain negate much of the advantage gained by 1. The No-Action Alternative. TN= .

international initiatives, including the exemption. Consignment hmits are alternative is not acceptable to the NRC.

enforceable and represent a practical Shipments of fissile material (Do-U efforts of reduction in stockpiles of , mixtures) meeting the fissile material strategic material by pmcessing for operating limit that would prevent the commercial tse, have resulted in the potentially unsafe accumulation of exemption requirements could be made

~

fissile exempt materials during in a configuration that does not grunter likelihood of inclusion of these materials in NRC regulated shipments. - shitiment. maintain criticality safety during The materials proposed to be shipped *1'herefore, this final rule restricts transport. Therefore, this alternative was by B&W, which pmmpted this final special moderating materials and not pursued.

rule, resulted from such a source. A includes consignment limits on 2. Eliminore thefissile material recent contract was awarded to B&W to shipments of fissile materials under the exemption. This alternative is not provisions of 55 71.22 and 71.53.This acceptable to the NRC. Elimination of process weapons-usable enriched fissile material exemption, while uranium materials from the Republic of final rule also restricts special moderating materials under the solving the criticality safety problem Kar.akstan.The waste product of the identified by B&W, would create other processing, a uranium-beryllium provisions of 5 71.18.Together these filtercake, met the fissile exemption changes will eliminate the possibility of problems. Many packages, such as those provisions in to CFR 71.53(dl and 49 inadvertent criticality during shipments containing low level radioactive waste CFR 173.453(d). Ilowever, baW used a made in compliance with to CFR 71.18 materials (e.g.,lon-exchange ret ns),

71.22, or 71.53. The NRC anticipates contain only trace concentrations of computer model of the enriched uranium beryllium oxide waste that DOT will issue parallel revisions to fissile nuclides, which are incidental to packages, to demonstrate that if the 49 CFR Part 173. Accordingly, NRC and the overall radioactivity of the package packages were loaded for shipment into DOT are coordinating the necessary contents, and criticality events are not' a sea land container, and at the revisions to 10 CFR Part 71 and 49 CFR credible for shipments of these Part 173. packages. The 5 71.53 fissile material regulatory fissile exempt concentration exemptions are applied for these limit, adeqate confidence in ndclear Compatibility With the IAEA Standards shipments, and theru is a continuing criticality safety would nw have been provided. NRC has verified through on September 9,1996, the Board of need to pmvide for this application, Independent analyses that the concerns Governors of theIAEA approved the Elimination of 5 71.53 would place an raised by the D&W anatvsis are valid 1996 revisions to Safety Series No. 6. additional burden and cost on many Among the changes in these revised shippers whose shipments posed no and apply to other e tes and moderating chas e as well. To IAEA regulations are that consignment criticality safety concerns. Therefore,

- criticality, this limits and limits on the types of this alternative was not pursued, guard against in, final rule restric' .nents of fissile moderators were placed on the fissile 3. Revise the fissile material exemptions in paragraph 672 of Safety exemptions in S 72.53 and the general material with three special moderating materials: beryllium, graphite, and Series No. 6,1996. The changes to 10 heensees in SS 7f.f 8 and n.22 to CFR Part 71 made by this rulemaking exclude the presence of special deuterium.

flowever, limiting beryllium, are generally compatible with the moderating materials such as beryllium, graphite, and deuterium to trace changes made to IAEA Safety Series No. deuterium andgraphite in other than quantities would not completely 6,1996. Future revisions to 10 CFR Part trace quantities, and place consignment eliminate the possibility of criticality in 71 and 40 CFR Part 173 are planned by limits on shipments.Together these fissile exempt or generally licensed NRC and fXIT, respectively, to bring changes solve the criticality safety shipments. Thero is also a need to limit them into general accord with other problem identified by B&W and tne the quantity of material in a sieglo sections of IAEA Safety Series No. 6, related problem of the potential consignment (the D&W criticality model 1996. accumulation of an unsafe quantity of One area in which this final rule for fissile materials in a shipment. Given calculations cm high infinite were slab performed configurationusing)200

. The to CFR - Part 71 is not compatible with the limited number of affected problem of a lack of control on the total . IAEA Safety Series No. 6,1996, shipments and the small number of amount of fissile exempt materialin an paragraph 672 is that graphite was licensees involved, some add;tional esempt shipment, was originally added as a special moderating material costs on shippers may be expected identified during the revision process in the 1995 revisions to 10 CFR Part 71 because they can no longer use the for the 1996 Edition of the International (60 FR 50248), but does not appear in fissile material exemptions and general Atomic Energy Agency's (IAEA's) I AEA Safety Series No. 6,1996, licenses for materials with beryllium,

" Regulations for the Safe Transport of ICraphite is limited by the current deuterium and graphite in other than Radioactive Material." Safety Series No. general licenses in 10 CFR 71.20 and trace quantities, and becauso some 6,1996.The problem was addressed in 71.24.1 The NRC believes that it is shipments may have to be divided to Safety Series No. 6.1996.by adopting appropriate to continue to hmit graphite meet the consignment limits. It keeps a consignment linut on the amount of (being a spa.ial moderating materiall in the exemption and general license Gssile exempt material that a shipper domestic regulations for shipment of provisions available for other shippers.

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4 L5910" Federal- Register / Vol. 62. No. 27 / Monday February 10, 1997 / Rulos and Regulations This alternative was chosen by the NRC deuterium is not present in quantitles - U.S.C. 553(b)(D)l, to dispense with staff, and is the hasis for the following exceeding 0,1% of the fissile material notice and prepromulgation public -

mass. A new paragraph (a)is added comment as being impracticable and specific changes in $$ 71,16,71.22, and which contains a fonnula and an - contrary to the public interest, Further.

71.53. the Commission finds, pursuant to accompanying table to limit individual

- Changes in 10 CF.R 71,18,71.22, and consignment, but also includes the Section 553rd)(3) of the APA (5 U.S C.

I '" re.qulrements in old paray,raphs (a), 553(d)(31), that good cause exists for

- (b)(1) and (2), and (d) . The remainder rnaking these amendments immediately Sect /on 71.1a -

of $ 71.53 (paragraphs (b),(c), and (d)) effective because the need to have these The title of $ 71,18: Generallicenso: is essentially the same as the old $ 71.53 - regulations in place outweighs the Fissile material, limited quantity per (paragraphs (c),(I), ard (e)). inconvenience,if any, to licensees who package, remains the same. Also ,

ma n a paragraphs (s), (b). and (c) in 5 71.18 Good Cause for immediate Adopdon ee ess the Ni sion is remain the same, The old paragraph (d) ,. The Cc:nm'2 k gamulgating this providing a 30. day post. promulgation i in $ 71.18 is replaced by three new emergency firial rulelecause the public comn.ent period during which -

paragraphs: (d), (e), and (f). The new problem of regulatory safety limits over interestod persons are invited to submit paragraph (d) covers general licenses for quantitles and concentrations of fissile ' their comments to the Commission. i

packages containing no more than a material and moderators, which has Within a reasonable timo~after the end type A quantity of radioactive maturial boon demonstrated to permit criticality of the comment period, the Commission where fissde materialis mixed with in at least one proposed shipment,is an will publish a statenient in the Federal oubstances having an average hydrogen important safety itsuo meriting Register containing an evaluation of the 'l'

' density greater than water (defined in immediate corrective action. An significant comments reconved and any i

- $ 71.20). The new paragraph (e) restricts accidental nuclear criticality in the revisions of the rule to be made as a l

the quantity of beryllium, graphite, or public domain would very likely result of the comments.

hydrogenous material enriched in involve fatalities, health effects from the Electmnic Access deuterium in a package to no greater resulting radiations, and extensive .

than 0.1% of the fissile material mass, clean up costs. Comments may be submitted The new paragraph (f)is a modification Shipments of fissile exempt material electronically,in either ASCll text or are normally made without any Wordperfect format (version 5.1 or of the old paragraph (d) that includes a simplified fannula for calculation of the associated criticality analysis because in later), by calling the NRC Electronic -

minimum transport indes. the past it has boon assumed that the Bulletin Board (DBS) on FedWorld. The n gulations pmvide inherent criticality bulletin board may be accessed using a Section 7112 safety, llowever, D&W's contemplated personal computer, a modem, and one Tlw title of 5 71,22: General License: shipment demonstrates that this of the commonly available Fissile material, limited quantity, assumption is not correct for all possible communications software packages, or contmiled shipment, remains the same. tvpes of shipments, While the directly.vf a internet. Background dommission expects that B&W's - documents on the rulemaking are also 3 Also paragraphs (a), (b), and (c) in

$ 71.22 remain the same.The old commitment, as expressed in the NRC's available, as practical, for downloading Confirmatory Order, not to undertake and viewing on the bulletin board.

.- paragraph id) is modified with the If using a personal computer and addition of a new table and shipments without the prior approval of the NRC, and the Information Notice modem, the NRC rulemaking subsystem accompanying formula which restrict on FedWorld can be accessed directly the mass of uranium 235 and other issued to alllicensees authorhed to

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fissile material in a contmlled shipment. possess special nuclear material, will by dialing the toll free number (800)

The table gives both new limits of 200 prevent an unsafe shipment from 303-9672. Commun' cation software g and too g for uranium.235 and other occurring pending revision of its rules, parameters should be set as follows:

fissile materials, when these materials the Commission does not track parity to none, data bits to 8, and stop P

are ml=ed with substances having - shipments by license 9s made under the bits to 1 (N,8,1). Using ANSI or VT-100 f~ terminal emulation, the NRC hydrogen density greater than water; the provisions of to CFR 71.18,71.22, or table also gives the old S 71.22 limits for 71.53. htoreover, the nature of the rulemaking subsyst-r. can then be materinle Iming imported and shipped accessed by selecting the " Rules Menu" p shipments of (b235 and other fissile material when mixed with substancos domestically has recently changed due option from the "NRC Main hienu."

having a hydrogen density less than or to initiatives with the States of the Users will find the "FedWorld Online equal to water.The new paragraph (e) former Soviet Union to reduce weapons- User's Guides" particularly helpful.

usable material such as high. enriched Many NRC subsystems and data bases restricts the quantity of beryllium, also have n "llelpdnformation Center"

. graphite, or hydrogenous material uranium. The materials HAW had enrit.hed in douterium in a package to intended to ship were byproducts from option that is tailored to the particular no Rreater than 0,1% of the fissile processing this type of material. subsystem.

The NRC subsystem on FedWorld can material mas Paragraph (f) is the same Shipments made under 10 CFR 71.18 5

. ss old paragraph (e). 71.22 or 71.53 are made without specific also he accessed by a direct dial phone NRC approval and the possibility exists number for the main FedWorld itDS,

" that a licensee could unwittingly make (703) 321-3339 or by using Telnet via The title of $ 71.53 remains the same. an unsafe shipment in reliance upu the Inmrnet: (edworld gov. If using (703)

The introductory paragraph restates the present rules Thus.the Commission 3?l-3339 to contact FedWorld.the NRC ohl 5 7153 language that padage are inust anwnd its rules quickly to prevent subsytem willim accessed from the unsafe shipments imm orrurrmg mam FedWorld menu by selecting the nempted from the fissile material i standards of g 71.55 and 5 71.59, l'or the reasons stated abm e. the " Regulatory, Government

. houewr. thu umw parngraph restricts Commiwinn hnds pod t ause. pursuant adtmnistranon and State Systems.' ,

tu t,n tion ss3thitill ut the thou whmtmg R,yulatory luformation j

th& nemptad padages to only mummun be nmm.grapham or nomin... emm.n. m mm wn at du emm a m.,no wdis

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Federal Register / Vol. 02, No. 2/ / Monday, l'obtuary to,1997 / Rules and Regulations 5911 quantity shi;)ments of fissile material the Paperwork Reduction c.1 of 1995 displayed that has an option "U.Si

. Nuclear Regulatory Commission" t at h containing special moderating snaterials. (44 U.S.C. 3501 et seq.). Exining This Gnal rule affects only a small - information collection requirements will take you to the NRC Online main were approwd by the Office of menu.he NRC Online area also can be subset of the limited quantity accessed directly by typing "/go nrc" at shirments i.e, those that contain both Management and Budget, approval a FedWorld command line. lf you access fissik material and special moderating number 3150.-000a.

NRC from FedWorld's main menu, you materials. NUREG4J t 70 doas not Public Pmtection Notification may return to FedWorld by selecting the specify the annual number of timhed The NRC may not conduct or sponsor,

" Return to FedWorld" option from the quantity, fissile material shipments NRC Online Main Menu. Ilowever,il containing special moderating materials, and a person L not required to respond but does estimate that 50,000 NRC. to, a collection of infonnation unless it you access NRC at FedWorld by using displays a currently valid OMB control certified fissile material packages (used NRC's toll. free number, you will have number, full access to all NRC systems, but you for larger quantitles of, and/or more will not have accoss tr, the main highl enriched, fissile matorists) would Small Business Regulatory Euforcement FedWorld system. be sh pped in 1985. The number of Fairness Act if you contact FedWorld using Telact, shipments affected by this final rule is in accordance with the Small ,

a small fraction of tio NRC certified you will saa the NRC area and menus, fiSSite Package shipments because fissde Dusloess Regulatory Enforcement including the Rules Menu. Ahhough materials containing special moderating Fairness Act of 1996, the NRC has you will be able to download materials are less common than determined that this action is not a documents and leave messages, you will moderately enriched fissile matorisk, major rule and has verified this t not be able to write comments or upload h opti ns avaltable to licensees determination with the Ofilce of files (commeats),if you contact under this final rule include shipping Informslon and Regulatory Affairs, FodWorld using l'IP, all files can be the material eing different Office "I Maragement and lludget.

accessed and downloaded but uploads 5 l are not allowed; all you will see is a list g", fg'," '[j["g', 8 "y*fg PP("8 te " Backfit Analysis

"""II' The NRC has determined that a I er ni ex le I st ng all }I censef'IISI'*d or mducing the ****PII""# specfal backlit nr.alysis is not required for this eneral files within a subdirecto , with m derating material concentration to final rule because these amendments do descriptions, is avallaIile. There is a 1,5- specified limits. The NRC staff believes not involve any provisions that would

"'" un1; the finit o tion may prove more require tackfits as defined in to CFR h I' enmni cause the increase in cost PanSat W a M acce:ssed through the World Wide Web, List of Subjects in to CFR Part 71 like ITP, that mode only provides I".

r ,,*g*, ,8, ri ," on r a s ess 1 an that access for downloading files and does the Criminsi penalties. Hazardous not display the NRC Rules Menu' involved in reducing or removinfor this materials transportation, Nuclear special moderating n aterial. Un For more information on NRC bulletin cption, the same number of shipments materials Fa:kaging and containers, boards call Mr. Arthur Davis, Systems are made as before the rule change, but

• Repotting and recordkeeping Integration and Development Uranch, shipments of fissile materials containing requi ements.

NRC, Washington. DC 20555-0001, special moderating material would be For the reasons set out in thu telephone (30:1415-5780; e-mail made in NRC certified packages. Under pmamble and under the authority of the AXD3Ontc. gov, the latter option, the concentration of Atomia Energy Act of 1954, as amended, special moderating material might be the Energy Reorganintion Act of 1974, Finding of No Significant as amended; and 5 U.S.C. 51,2 and 553, EnvironmentalImpact: Availability reduced through additional processing, the NRC is adopting the following perhaps involving dil~ tion or The Commission has determined, extraction.This option may involve amendments to 10 CFR Part 74.

under the National Environmental additional trans ortation, either due to PART 71-PACKAGING AND Policy Act of 1969, as amendsd, and the the increase in s ipmunt volume due to TRANSPORTATION OF R ADIOACTIVE Commission's regulations in Subpart A dilution, or the tran ortation of of to CFR part 51, that this rule is not extracted materials.$ince the quantitiesMATEmAL a major Federal action significantly of affected fissile materials are relatively 1.The authorit citation for Pan 71 affacting the quality of the human small, staff believes the additional continues to read as follows' envimnment, and therefore an transportation would also be small. Authority: Socs. 53,57,62,63.81,161, environmental impact statement (EIS) is The two options provide the added i82,1a3. 68 Stac 934 932. 933,035,94a.

not requirud. nuclear criticality safety control the rule 953, m. as amended sec. not toc stat.

2951,2952,2953 (42 tist 2073,20n,2092.

- The Commission's " Final seeks, etther through the use of NRC-Environmental Statement on the certified packages, and the 2093, 211 t. 2201, 2232. 2233. 2297f); secs.

. Transportation of Radioactive Material administrative controls associated with 201, as amended, 202.206, as Stat.1242, as by Air and Other Modes " NUREG- their use, or through the reduction of amended. 1244.1246(42 tt.s C. sa41,5842, 0170. dated December 1977, is NRC's the concentration of special moderating 58461 generic EIS, covering all types of materials to an acceptably low level. Secimn 7197 *n issued under sec. 301.

radioactive material transportation by Pub L 96-295. 94 stat. 789-790, Thus. the ultimate environmental all modes tmad, rail, sir, and water). impact of the rule is beneficial in that 2. Section 71.18 is revtsed to read as

, The total lit alted quantity impacts were criticality safety is increased. [ollows. ~

inchided in the overall transportation risk auessment in NUREG-0170 and Paperwork Leduction Act Statement $ 71.18 Generai heense: Fissue materlat, found to be acroptable. The radiological This fini ride duec not contain a new hmeted quantity per package, urett impact stimates in this F.!S or amended t...ormathm collettica (a) A general license is issued to any (learls bound the impacts for limited toquirems ut suh%t to requirements of bremsee of the Omuniuion to transport

_v -. . . - -_m . _ _ - .

-. .~ . - - - - - . - . - - . .. - - - . - - -- .-- - -

5912 Federal Register / Vol. 62. No. 27 / Monday. February to,1997 / Rules and Regulations fissile material, or lo deliver fissile material, including only one of the neutron sources in special fonn, the

, - material to a carrier for transport, follmving: transport index based on criticality without complying with the package (1) Up to 29 g of uranium 235: considerations may be taken as 0.025 standards of subparts E and F of this (2) Up to la g of uranium 233; times the number of grams of the fissile put, if the material is shipped in - (3) Up to 18 g of fissile radionuclides radionuclides of plutonium, cccordance with this saction. of plutonium, Or (3) Packages which have a transport

. (b) The generallicense applies only to (4) A combination of fissile index greater than to are not authorized a licensee who has a quality assurance radionuclides in which the sum of the under the general license provisions of program approved by the Commission ratios of the amount of nach this part, as satisfying the provisions of subpart 11 radionuclide to the corresponding 3. Section 71.22 is revised to read as of this part. maximum amounts in paragraphs (d) to;jows:

(c) Except as provided in paragraph (1),(2), and (3) of this section does not -

(d) of this section, this general license - exceed unity. 6 71.22 General ucense:wsene matenal, applies only when a package contain. (el Except for the beryllium contained umited quanuty, controned shipment.

no more than a Type A quantity of within the special form pletonium- (e) A generallicense is issued to any radioactive material, including only one beryllium sources authorized in licensee of the Commission to transport of the following: paragraph (c) of this section, this general fissile material, or to deliver fissile (1) Up to 40 g of uranium 235; license applies only when beryllium, material to a carrier for transport.

(2) Up to 30 g of uranium 233; graphite, or hydrogenous material without complying with the package (3) Up to 25 g of the fissile enriched in deuterium is not present in standards of Subparts E and F of this-radionuclides of plutonium, except that quantitles exceeding 0.1% of the fissile . part. If limited material is shipped in for encapsulated plutonium beryllium material mass. accordance with this section.

neutron sources in special form, an A, (0(1) Except as specifted in paragraph (b) The general license applies only to quantity of plutonium may be present; (0(2) of this section for encapsulated a licensee who has a quality assurance or ph:tonium beryllium sources, this program approved by the Commission (4) A combination of fissile general license applies only when, a as satisfying the provisions of Subpart il raidionuclides in which the sum of the package is labeled with a transport of this part.

ratios of the amount of each index not less than the number given by (c) This general license applies only radionuclide to the corresponding the followin8 equation, where the when a pcckage contains no more than maximum amounts in paragraphs (c)(1), package contains x grams of uranium- a Type A quantity of radioactive (2), and (3) of this section doas not 235, y grams of uranium-233, and a material and no more than 400 g total exceed unity. grams of the fissile radionuclides of of the fissile radionuclides of plutonium (d) For packages where fissile material Pl utonium: encapsulated as plutonium beryllium is mixed with substances having an Minimum Transp. ort Index = (0.25x + neutron sources in special form.

average hydrogen density greter than 0.33y + 0.4z)- .

(d) This general license applies only when:

water,a package when this general license contains applies no more than only

• fissile materialis in the form of(2) For (1)The a package in which mass of fissile the only radionuclides a Type A quantity of radioactive encapsulated plutonium beryllium in the shipment is limited such that the grams of uranium -235 grams of other fissile material X Y where X and Y are the mass defined in (2) the encapsulated plutonium- radionuclides in the shipment does not the table following paragraph (d)(2) of beryllium neutron sources r.re in special exceed 2500 g.

< this section; or fonn and the total mass of fissile PERMISSIBLE MASS LIMITS FOR SHIPMENTS OF FISSILE MATEA1AL Fissde rnate- Fissde mate-nal mass (g) nal mass (g) rmed with mxed with hssde material s C tances s M ances havir.g a hy- having a tr/-

drogen density drogen density less than or grea!st than equal to water water Uranium-23S(X) .. _ . . . . . _ -- . . _ . 500 290 Other hssde matenal(Y) . . . . 300 180 (e) Except for the heryllium contained material enriched in deuterium is not authorized by DOT. in accordance with within the special form plutmiium- present in quantities exceeding 0.1% of 49 CFR Part 173 of its regulations. to boryllium sources authorired in the fissile material mass. prevent loading. transport, or storage of

. paragraphs (c) and (dl of this wetio"- 10 Thigeneral hcense applies only these packages with other fissile this generallicense apphes only when wh n shipment of these packages is material shipments.

hery liium. graphite or hydrogenous na under procedures specifically i

h y ..

,, e.

• Federal Register / Vol. 62. No. 27 / Monday, February 10, 1997 / Rules an,d Regulations 5913

4. Section 71.53 is revised to read as ' ' (a) through (d) of this section are exempt when beryllium, graphite, or from fissile material classification and hydrogenous material enriched in follows: deuterium is not present in quantities'.

from the fissile material pvkage '

$ 7t.53 FissHe material esemptions. standards of $$ 71.55 and n M but are exceeding 0.1 percent of the fissile Fissile materials meeting the subject to all other requirements of this material mass. ,

requirements of one of the paragraphs in part. These exemptions apply only (a) Fissile material such that t

grams of uranium-235 grams of other fissile material X Y

"' for an individual consignment where X and (3) There is no more than 5g of fissile (2) The fissile material consists of a a Y are the mass limits dermed in table homogenuous hydrogenous solt: tion or materialin any 10 liter volume of fol wt regraph (a)(3) of this section, , mixture where the minimum ratio of material and the materialis packaged so- l hydrogen atoms to fissile radionuclide as to maintain this limit of fissile (1) Each c e contains no more atoms (II/X)is 5200 and the maximum radionuclide concentration during than 15 g offisst material. For nonnal transport.

unpackaged material the mass limit of concentration of fissile radionuclides 15g applies to the conveyance; or within a packrde is 5 g/ liter; or

.THE REQUIREMENTS FOR PACKAGES CONTAINING FISSILE MATERIAL.

Ftssile rnate- Fissile mate-rial trass (g) rtal mass (g) mixed with rfaxed wnn substances substances having an av- having an av-Fissue material erage hydro.

erage hydro.

gen dersty gen density less than or greater than equal to water water -

. - . - - - . ~ . . 400 290 Urarvum 235(X) . . . . . z ., .

- . . - .. 250 180 tOmer fissile matenal(Y) .....

SUPPLEMINTARY INFORMATION:

(b) Uranium enriched in uranium-235 DEPARTMENT OF ENERGY ~

to a maximum of 1 percent by weight, Publication of Project Cost I.imita and with total plutonium and uranium. Federal Energy Regulatory Under Blanket Certificates: Order of the 233 content of up to 1 percent of the Commission 1)irector, OPR -

+

mass of uranium.235, provided that the Section 157.208(d)of the 18 CFR Part 157 ,

fissile materialis distributed Comrnission's Regulations mvides for homogeneously throughout the package m '

contents and does not form a lattice (Docket No. RM81 16-000) [onstruc lon, c u s71o operation and arrangement within the package. miscellanecus rearrangement of Pro >ct Cost and Annual 1.imits facilities (Table I) authorized under the (c) Li uld solutions of uranyl nitrate enrich in uranium-235 to a maximum Issued February 4,1997, blanket certificate procedure (Order No.

234,19 FERC 161,216). Section of 2 percent by weight, with a total AGENCY: Federal Energy Regulatory 4

157.215(a) specifies the calender ear plutonium and uranium.233 content not C""" "* dollar limit which may be expen d on exceeding 0.1 percent of the mass of uranium.235, and with a minimum ACTION: Final rule, underground storage testing and development (Table II) authorized under

' nitrogen to uranium atomic ratio (N/U) the blanket certificate. Section of 0,

SUMMARY

Pursuant to the authority

. delegated by 18 CFR 375.307(e)(1), the 157.20a(d) requires that the " limits (d) Plutonium,less than 1 kg, of Director of the Office of Pipeline pju.ified in calendar TablesyearI and 11 shall be which not more than 20 percent by nass Reculation cmaputes and publishes the sted each to reflect may consist of plutonium.239 the

• P im licit price deflator.

project cost and annual limits specified the Department of plutonium 26, or any combir ation of pub e in Table i of 5157.20a(d) and Table Il h di lid of $ 157.215(a) for each calendar year. Comnyenz for the previous calendar Dated at Ituckville. Maryland, this 4th day year.

EFFECTIVE DATE: January 1,1997, Pursuant to S 375.307(e)(1) of the of February,1997.

• 0 For the Nuclear Regulatory Commission- FOR FURTHER INFORMATION CONTACT: g

, John C. Ileyle, hilchaeal '. hicCchee Division of as adjusted as inflation. is delagated to

- Secretary o/ the Commisnon. Pipeline Certificates.OPR (202) 208 - the Director of the Office of Pipeline I - lFR Duc. 91-3175 Filed 2-7-97; a 45 aml 2257. Regulation. The cost limits for calendar years 1982 through 1997, as published swees coes rnoow in Table I of 5157.208td) and Table 11 of S 157.215(al, are hereby issued.

i k

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