ML20212A892
| ML20212A892 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1997 |
| From: | Martin T NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20008B661 | List: |
| References | |
| FRN-62FR5907, RULE-PR-71 AF58-2-002, AF58-2-2, NUDOCS 9710270078 | |
| Download: ML20212A892 (45) | |
Text
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MEMORANDUM FOR:
David L. Meyer, Chief
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'o Rules Reviec & Directives Branch Division of Freedom of Information
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and Publications Services Office of A:binistration 9
FROM:
Thomas 0. Martin, Chief o
.r n Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
IMPLEMENTATION OF ACIl0N BY IHE COMMISSION:
FINAL RULE:
" FISSILE MATERIAL SHIPMENTS AND EXEMPTIONS" 27, 1997, the '.ommission approved, in SRM M970122B, the final On January rulemaking to amend 10 CFR Part 71 for fissile material shipments and exemptions (SECY-96-268).
Please implement the Commission's action by reviewing the attached Federal Register Notice, then forwarding it to the Office of the Secretary for signature and publication in the Federal Register.
Please note that this rule will be effective immediately, i.e., on the day of its publication.
Also attached for transmittal to OCA is a Congressional letter package which contain Congressional Committee letters and the 1996 Regulatory Enforcement Fairness Act letters. A copy of the public announcement is attached for transmittal to OPA.
In addition, no regulatory analysis has been prepared for this rule.
Attachments:
1.
Federal Register Notice 3 Copies & diskette 2.
Congressional Letter Package 3.
Public Announcement DISTRIBUTION:
Central f/c RDB r/f EDO r/f EJordan, OEDO FCostanzi BMorris PKadambi LRiani CGallagher DMendiola ASummerour, RES No.:
970024; WITS No.:
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RDB:DRA NAME NTanious:afw TMarti b DATE 3\\ /Ti/97
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Federal Register Notice 1
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1 NUCLEAR REG'JLATORY COMMISSION j
-10 CFR Part 71
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Fissile Material-Shipments and Exemptions AGENCY: Nuclear Regulatory Conmission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Conmission (NRC) is amending its regulations regarding the shipment of exempt-quantities of fissile material and ae
- shipment of fissile material under a general license. This emetgency final-rule t estricts the use of beryllium and other special moderating materials (i e.,- graphite and deuterita) 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 appr. oval.
The regulatory defect is not indicative of unsafe fissile material shipments in the past, Rather, it was identified by Babcock & Wiicox (B&W) during preparation for shipment of an unprecedented type of fissile material-that could result in nuclear criticality under current requirements. This unique m uerial is produced as a waste product from processing of strategic material iesulting from operations to
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conmercially dosiblend weapons-usable fissile material from the former Soviet Althougli this rule is being issued as.an immediately effective final
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rule, the Cumiission is requesting public conment and will revise the rule if necessary.
DATES:
This final rule is effective on ---- (the same date as the Corrments must be received by -- -
publication date in the Federal Register).
-(if public-comments require changes in the rule, timely notice will De published in the Federal Register 30 days after the publication datet
' Comments may be submitted either electronically or in written
' ADDRESSES:
-form. Mail written cormients to: U.S. Naclear Regulatory Commission, Washington, DC 20555 0001. Attention: Docketing and Service Branch.
Hand 11555 Rockville Pike, Rockville. MD between 7:30 am and deliver conments to:
4:15 pm Federal wortdays.
For information on submitting conments electronically, see the discussion under Electronic Access in the Supplement ary Information Section. Copies of conments received may be examined at the NRC Public Doctme'it Room. 2120 L Street NW. (Lower L Washington, DC.
2-FOR FURTHER INFORMATION CONTACT: Naiem S. Tanicus. Office of Nucle k,
Regulatory Research.- U.S. Nuclear Regulatory Conmission, Washington, DC 20555-0001, telephone (301) 415-6103. E mail:
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SUPPLEMENTARYlt4 FORMAT 10Ni
Background
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On September Wilcox,. Naval Nuclear fuel Division-(8&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 e m pt shipments do not provide adequate criticality safety for certain ship. Tents of a fissile material' (enriched uranium containing beryllium oxide.)
Specifically, B&W discovered through calculations, that a shipment,-intend to be shipped pursuant to S 71.53(d), containing large amounts of an exempt concentration of enriched uranium in the presence of beryllium, could result in a nuclear criticality'.
B&W indicated that a beryllium oxide enriched uranium mixture would be produced bs a waste product from its processing of strategic material resulting from ogrations to comercially downblend B&W promptly weapons-usable fissile material from the former Soviet Union.
notified the NRC of its concern, provided its calculations to the NRC, and
' Fissile material is defined in 10 CFR Part 71 and 49 CFR Part 173 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-excepted by specific regulations (e.g.,10 CFR 71.53 or 49 CFR 173.453).
'For transportation purposes, nuclear criticality means a condition in which an uncontrolled, self-sustaining and neutron-multiplying fission chain Nuclear criticality is-generally a concern when sufficient concentrations and masses of fissile material and neutron moderating m
-reaction occurs.
~ exist together in a> favorable configuration.
cannot achieve criticality by itself in any concentration or configuration.
It can enhance the ability of fissile material to achieve criticality by slowirg down neutrons or reficcting neutrons. <
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made: commitments not_to make any such shipments. The NRC staff subsequently.
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l reviewed and verified B&W's; calculations and determined tnat expeditious
. revisions to NRC regulations are needed to correct the deficiency because an inadvertent nuclear criticality'in the public drain could irelve fatalities <
health effects:from the resulting radiations and extensive clean-up costs.
The criticality safety problem brought to NRC's attention with respect to G 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 generi, l
licenses in 59 71.18 and 71.22 provide for criticality control by limiting the
- quantity of fissile material in a singla package (i.e., similar to the quantity-based fissile exemptions in 10 CFR 71.53).
Section 71.18 also
_ assigns a criticality transport index (pursuant to S 71.4) to each package.
These sections were found to have deficiencies comparable to those discovered in S 71.53 in that there are no restrictions placed on special moderating materials (i.e..- materials which would increase the number of neutrons available to cause fission as compared with ordinary water), and S 71.22 has the' additional deficiency of not limiting the total amount of fissile material During the NRC staff's review, sections S 71.20 and S 71.24 in a conveyance.
which also provide general _ licenses, were found to be adequate in that the moderators of concern were excluded.
Packages for shipments made in accordance with a fissile material exemption in S 71.53 or the general license in S 71.18 or S 71.22. are not required to be certified by NRC. The intent of SS 71.53, 71.13. and 71.22 is that any materials packaged and shipped in accordance with the limits in these-r
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isections;(and theiother-applicable sections of 10 CFR Part "I and 49 CFR-Part 173) are 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 problem identified by S&W.
First, the NRC obtained a cortraitment from.
B&W not to ship Be U materials without orior NRC_ authorization and confirmed this commitment in a Confirmatory Action L.etter (CALL datea October 10.19f 5.
Subsequently, the CAL wcs superseded by an immediately effective Confirmatory Order Modifying License dated December 16, 1996, wilich imposed B&W's cormiitment as-a-legally binding license condition.
The NRC had no reason to doubt B&W's earlier voluntary commitment because B&W had demonstrated its concern for safety by bringing the problem in the first place to the NRC's 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 pu'blic that the one licensee known to be in a position to make potentially unsafe shipments was legally prevented from doing so'pending completion of this rulemaking.
On December 5, 1996. NRC also issued HRC 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 lthat 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 (00T) and the U.S. Department-of Energy (DOE),
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!00Tls a co regulator of fissile materialLshipments and is' currently revising its parallelsregulations. in 49 CFR Part 173 ~on an expedited basis. 00E makes
- many-shipments of fissile exempt material. each year.
Discussion The safety problem uncovered by the 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 tri compliance with sections of the regulations for which criticality analyses are not required. The current regulations (fissile exemptions in S 71.53 and the
- general licenses in SS 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 the number of neutrons available to cause fission as compared to ordinary water and result
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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.
Untii recently, the presence of special moderating materials in significant quantities in NRC-regulatet shipments of fissile exempt materials was not anticipated. However, certain international initiatives, including efforts of reduction in stockpiles of strategic material by processing for commercial use, have resulted in the greater likelihet,d of inclusion of these materials in NRC regulated shipments The materials proposed to be shipped by 6-
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- B&W, which prompted this fina! rule, resulted from such a source.
contract was awarded to B&W to-process weapons usable _ enriched uranium i
' materials from the_ Republic of Kazakstan.
The waste product of the o
processing. a uranium-beryllium 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
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demonstrate that if the packages were loaded for shipment into a sea-land container, and at the regulatory fissile exempt concentration limit, adequete confidence in nuclear criticality safety would not have been provided.
NRC has-verified through independent analyses that the concerns raised by the B b
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analysis are valid and apply to other geometries and moderating characteristics as well. To guard against inadvertent criticality, this final rule restricts shipments of fissile material with three special 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 exempt or generally licensed shipments, There is also a need to limit the quantity of material in a single corsignment (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 exempt material in an exempt shipment, was originally identified 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 conmon carrier 7
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forishipment.
The NRC cannot presently _ enforce a limit on the total quantity
- of-fissile material in a common carrier shipment because the regulations do not require a transport index for each package-or require shipment by_
The lattr.(would restrict:the ability to use conmon carriers, wtiile requiring a trantport index would negate much of the advantage gained by the exemption.
Consigtment limits are enforceable and represent a practical operating limit that would prevent the potentially unsafe accumulation of fissile exempt materials during shipment.
I Therefore, this final rule restricts special moderating materials and includes consignment limits on shipments of fissile materials under the
- provisions of SS 71.22 and 71.53. This final rule also restricts special moderating materials under the provisions of S 71,18. Together these changes will eliminate the possibility of inadvertent criticality during shipments made in compliance with 10 CFR 71.13, 71.22. or 71.53. The NRC anticipates that DOT will issue parallel revisions to 49 CFR Part 173.
Accordingly. NRC and D0T are coordinating the necessary revisions to 10 CFR Part 71 and 49 CFR Part 173.
2 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 f3sile exemptions:in paragraph 672 of Safety 15eries'No._6, 1996.
The changes to 10 CFR Part 71 made by this rulemaking are generallv compatible with the changes made to IAEA Safety Series No. 6, 1996.
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Future revisions to.10 CFR Part 71 and 49 CFR;Part 173 are planned by NRC and 100T_. respectively, to bring them into general-accord with other sections of-1 IAEA SafetyJSeries No; 6;-1996c
- 000 area in which this final rule.for 10 CFR Part-71 is not ' compatible with I AEA 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.IAEA 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 fbeing a Lspecial moderating material) in domestic regulations for shipment of fissile material. Therefore, the revisions to the fissfle exemptions in 10 CFR 71.53 and the general licenses in 10 CFR 7hl8 and 71.20 provide-for exclusion of-other than. trace quantities tf graphite.
Alternatives 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 fiss11e material exemption requirements could t:e made in a configuration that does not maintain criticality safety during transport. Therefore, this alternative was not pursued.
2.
Eliminate the fissile material exemotion. This alternative is not acceptable to the N9C.
Elimination of fissile material exemption, while 9
so_lving the criticality safety problem identified by-B&W, would create other Eproblems Many packages, such as those containing low-level radioactive waste materials (e.g.. ion-exchange resins), contain only trace concentrations of fissile nuclides which are incidental to the overall radioactivity-of the
- package contents, and criticality events are not credible-for shipments of these packages.
The S 71.53 fissile material exemptions are applied for these
~ shipments, and there is a continuing need to provide for this application; Elimination of S 71.53 would place an additional burden and cost on many Therefore.
.' shippers whose shipments posed no criticality safety concerns.
this alternative was not pursued.
3.
Revise the fissile material exemotions in S 71.53 and the ceneral licensees in SS 71.18 and 71.22 to exclude the cresence of soecial moderat.jflg materials such as beryllium; deuterium-and craohite in other than trace cuantities. and olace consianment limits on shioments.
Together these changes solve the criticality safety problem identified by B&W and tt'e re n ted 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 involved, 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 then trace quantities, and because some shipments may have to be divided to meet the consignment limits, it keeps the exemption and general license provisions available for other shippers. This alternative was chosen by the NRC staff, and is the basis-.for the following specific changes in SS 71.18, 71.22. and 71.53. -
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9 Changes in 10 CFR 71.18, 71.22. and 71.53_
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' S.ection 71.18 lhe title of 9 71.18] General license: Fissile material, limited quantity _per package, remains the same.
Also=paragrapht (a). (b). and (c) in S 71.18 remain the same. The old paragraph (d) in S 71.18 is replaced by three new paragraphs:.(d). (e), and (f).
The new paragraph (d) covers general licenses 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 S 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 mass. The new paragraph (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 S 71.22; General License: Fissile material, limited quantity, controlled shipment. remains the same.
Also paragraphs (a)
(b).
and (c) in S 71.22 remain the 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 material in a controlled shipment.
The table gives both new limits of 290 g and 180 g for uranium-225 and other fissile materials, when these materials are mixed with substances having hydrogen density greater than water; the table also gives the old'S 71.22 limits for shipments of U-235 and other fissile material when mixed with substances.
having a hydrogen density less than or equal _'to water.
The new paragraph le) restricts the quantity of beryllium._ graphite. or hydrogenous material enriched in deuterium in a package to no greater than-0.1%'of.the fissile materfal mass. : Paragraph (f) is the same as old paragraph (e).
Section 71.53 The title of S 71.53 remains the same.
The introductory paragraph restates the old'S 71.53 language that packages are exempted from the fissilo material standards of S 71.55 and S 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 The remainder requirements in old paragraphs (a), (b)(1) and (2), and (d) of 5 71.53 (paragraphs (b). (c), and (dM is essentially the same as the old S 71.53 (paragraphs (c)
(f), and (e?).
Good Cause for immediate Adoption The Comnission is promulgating this emergency final rule because the problem of regulatory safety limits over quantities and concentrations of fissile material and moderators, which has been demonstrated to permit criticality in at least one proposed shipment, is an important safety issue meriting innediate corrective action. An accidental nuclear criticality in the public domain would very likely' involve _ fatalities, health effects from
~ the resulting radiations, and extensive clean-up costs.
Shipments of fissile exempt material are normally made without any associated crit 1cality Jnalysis because in the past it has been assumed that the regulations provide inherent criticality safety.
H wever, B&V s i
contemplated shipnent demonstrates that this assumption is not correct for all possible types of shipnents. While the Conniission expects that B&W's corrrnitment. as expressed in the NRC's Confirmatory Order, not to undertale snipments without the prior approval of the NRC, and the Information No; ce issued to all licensees authorized to possess special nuclear material, will prevent an unsafe shipnent from occurring pending revision of its rules, the Coninission 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 Soviet 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 71.53,1re made without specific NRC approval and the possibility exists that a licensee could unwittingly make an unsafe shipment in reliance upon the present rules.
Thus, the Conintss9n must amend its rules quickly to prevent unsafe shipments from occurring.
For the reasons stated above, the Conini sion 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 coninent as being impracticable and contrary to the public interest, further. the Coninission finds, pursuant to Section 5E3(d)(3) of the APA (5 U.S.C.
553(d)(3)), that good cause exists for neL!ng these amendments immediately,
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effective because the need to have these regulations in place outwe:ghs the j
inconvenience, if any, to licensees who may need to alter shipping clans, Nevertheless, the Consnission is providing a 30 day post promulgation public cument period during which interested persons are invited to submit their coninents to the Conrnission. Within a reasonable time after the end of the coninent period, the Conin1ssion will publish a statement in the Federal Register containing an evaluation of the significant contrents received and any revisions of the rule to be made as a result of the conrients.
Electronic Access Conenents may be submitted electronically, in either ASCil text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on fedWorld.
ihe bulletin board may be accessed using a personal computer, a nodem, and one of the coninonly available coninunications software packages, or directly via Internet, Background documcnts on the rulemating are also available, as practical, for downloading and viewing on the bulletin board:
If using a personal computer and modem, the NRC ruiemaking subsystem on icaWorld can be accessed directly by dialing the toll f ree number (800) 303-9672.
Coninunication sof tware paraneters 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 adessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find [
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the TedWorld Online User's Guides" particularly helpful. Many NRC subsystems l
and data bases also have 8
- Help /information Center" option that is tailored j
to the particular subsystem.
The NRC subsystem on fedWorld can also be accessed by a direct dial phone number for the main FedWorld BB5. (703) 321 3339, or by using Telnet n a
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Internet: fedworld. gov, if using (703) 321-3339 to contact fedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the i
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" Regulatory, Government Aaministration and State Systems," then selecting l
" Regulatory Information Hall." At that point, a menu will be displayed:that-I has an option "U.S. Nuclear Regulatory Connnssion" that will tale you to the-1he NRC Online area also can be accessed directly by NRC Online main menu.
typing "/go nrc" at a fedWorld conmand line, if you access NRC from fedWorld's main menu, you may return to fedWorld by selecting the " Return to I
fedWorld" option from the NRC Online Main Menu. However, if you access NRC at.
ll NRC
-fedWorld by'using NRC's toll free number, you will have full access to a systems, but you will not have access to the main fedWorld system.
If you contact fedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu.
Although you will be able to dcwnload documents and leave messages, you will not be able to write conments or upload files (conments).
If you contact fedWorld using FTP, all files can be accessed and downloaded but urloads are not allowed; all you will see is a list of files without descr'ptions (normal Gopher loot).
An index file listing all files within a subdirectory, with descriptions, is available.
. There is a if3-minute time limit for.FTP access.
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Although f edWorld also can be accessed through the World Wide Web hte f1P. that mDue only provides access for downloading files and does not display the NRC Rules Henu, for more information on NRC bulletin boards call Mr. Arthur Davis.
Systems Integration and Development Branch NRC, Washington. DC P0555 000),
telephone (301) 415 5780: e mail AXD39nrc. gov.
finding of No Sign 1ficant Environmental Impact: Availabihty The Cumiission has determined, under the National Environnental Policy Act of 1969, as amended, and the Camiission's regulations in Subpart A of 10 CfR Part 51 that this rule 1s not a major federal action significantly affecting the quality of the human environment, and therefore an environmental impact statawnt (EIS) is not required.
The Coninission's " final Environmental Statement on the Transportat. ion of Radioactive Material by Air and Other Modes." NUREG 0170, dated December 1977.
is NRC's generic ElS covering all types of radioact1ve material The total limited transportation by all modes (road, rail, air, and water).
quantity impacts were included in the overall transportation rist assessment in NUREG-0170 and found to be acceptable.
The radiological safety impact estimates in this EIS clearly bound the impacts for limited quantity shipments of fissile material containing special moderating materials.
This final rule affects only a small subset of the limited quantity shipnents, i.e., those that contain both fissile material and special moderating materials, NUREG 0170 does not specify the annual number of limited quantity, tissile material shipments containing special moderating m
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 ntaber of shipments affected by this i
final rule is a small fraction of the NRC certified fissile package shipments because fissile materials containing special moderating materials are less conmon than troderately enriched fissile materials.
The options available to licensees under this final rule include shipping the material 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 specif kd limits. The NRC statf believes the first option may prove more economical because the increase in cost in making a' single shipment under fiss11e material controls is less than that involved in reducing or removing the special moderating material.
Under this option, the same number of l
shipments are made as before the rule change, but shipments of fissile f
materials containing special moderating material would be made in NRC certifie' packages. Under the latter option, the concentration of special moderating material might be reduced through additional processing, perhaps involving dilution or extraction. This option may involve additional transportation, either due to the increase in shipment volume due to dilution, or the transportation of extracted materials, Since the quantities of affected fissile materials are relatively small, staff believes the additionai 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 packages, and the administrative controls associated with their use, or through the reduction of ;
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r the concentration of special moderating materials to an acceptably low level.
Thus, the ultimate environnental inpact of the rule is beneficial in that criticality safety is increased.
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-Paperwork Reduction Act Statement
-lhis final rule does not contain a new or anended information collection requirenent subject to requirenents of the Paperwort Reduction Act of 1995 (M U.S.C. 3501 et seq.).
Existing information collection requirements were 3150 0008 l
approved by the Office of Managenent and Budget, approval nunber 1
Public Protection-Notification The NRC may not conduct or sponsor, and a person is not required to j
respond to, a collection of information unless it displays a currently valid OMB control number.
Small Business Regelatory Enforcement fairness Act i
in accordance with the small Business Regulatory Enforcenent 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 Atf airs Of fice of Managenent and Budget.
+ 18 -
o Backfit Analysis The NRC has # termined that a backfit analysis is not required for this final rule because these amendments do not involve any provisions that would l
require backfits as defined in 10 CFR Part 50,109(a)(1).
List of Subjects in-t 10 CFR Part 71 Criminal penalties. Hazardous materials transportation. Nuclear
- materials, Packaging and containers, Reporting and recordkeeping requirements.
l for the reasons set out in the preamble and under 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 i
amendments to 10 (JR Part 71, PART 71-PACKAGING AND TRANSPOR1 All0N OF RADIDACTIVE MATERIAL 1.
The authority citation for Part 71 continues to read as follcas:
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): secs, 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. ;
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Section 71.18 is revised to read as follows:
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$ 71.18 General license: fissile material, limited quantity per package.
l (a)
A general license is issued to any licensee of the Conmission to transport fissile material, or to deliver fissile material to a carrier for j
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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 general license applies only to a licensee who has a quality I
assurance program approved by the Coninission as satisfying the provisions of Subpart il of this part.
(c) Except as provided in paragraph (d) of this section, this general license applies only Wien a pactage contains no more than a lype A quantity of i
radioactive material Including only one of the following:
=(1) Up to 40 g of uranium 235:
I (2). Up to 30 g of uranium 233:
(3) Up to 25 g of the fissile radionuclides of plutonium, except that l
for encapsulated plutonium beryllium neutron sources in special form, an Ai quantity of plutonium may be present; or j
(4) A combination of fissile radionuclides in wh1eh the sum cf the r
ratios of the amount of each radionuclide to the corresponding maximum amounts in paragraphs (c)(1), (2), and (3) of this section does not exceed unity.
(d) for packages W ere fissile material is mixed with substances having an average hydrogen density greater than water, this general license applies only when a pactage contains no more than a Type A quantity of radioactive material, including only one of the following:
(1). Up to 29 9 of uranium-235:
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(2) Up to 18 9 of uranium 233:
(3)- Up to 18 9 of fissile radionuclides of plutonium, or (4) A combination of fissile radionuclides in W1ich the sum of the i
I ratios of the' amount of each radionuclide to the corresponding maximum amounts i
in paragraphs (d)(1). (2), and (3) of this section does not exceed unity.
i (e) Except for the beryllium contained within the special form plutonium beryllium sources authorized in paragraph (c) of this section this i
general license applies only when beryllium, graphite, or hydrogenous material enriched in deuterium is not present in quantities exceeding 0.1% of the a
t fissile material mass.
(f)(1) Except as specified in paragraph (f)(2) of this sect 1on for j
encapsulated plutonium beryllium sources, this general license applies only l
when, a package is labeled with a transport index not less than the number given by the following equation, where the pactage contains x grams of uranium 235. y grams of uranium 233, and z grams of the fissile radionuclides of plutonium:
t Minimum Transport index = (0.25x + 0.33y + 0.4z),
(2) for a pactage in which the only fissile material is in the j
form of encapsulated plutonium beryllium neutron sources in special form the l
transport index based on criticality considerations may be taten as 0.02b times the number of grams of-the fissile radionuclides of plutonium.
j (3) Packages which have a transport index greater than 10 are not authorized under the general license provisions of this part.
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Section 71.22 is revised to read as follows:
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6 71.22 General license:
Fissile material, limited quantity, controlled shipment.
(a) A general license is issued to any licensee of the Conratssion to j
transport fissile material, or to deliver fissile material to a carrter for transport, without complying with the package standards of Subparts E and f of f
i this part, if limited material is shipped in accordance with this s(ction.
(b) -The general license applies only to a licensee who has a quality assurance program approved by the Comnission as satisfying the provis tons of
(
Subpart H of this part, (c) 1his general license applies only when a pactage contains no more j
than a Type A quantity of radioactive material and no more than 400 g total of the fissile radionuclides of plutonium encapsulated as plutonium-berylltum t
neutron sources in special form.
(d)- This general license applies only when:
The mass of fissile radionuclides in the shipment is limited such l
(1) that the 1
grams of uranium 235 + orams of other_ fissile material s Y
.X where X and Y are the mass defined in the follcwing table: or i
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I PERMISSIBLL MASS lIMll5 FOR SHIPMENTS Of f!SSILE MATERIAL Fissile material mass (g)
Fissile material mass (9)
Fissile material mixed with substances having mixed with substances a hydrogen density less than having a hydrogen density or equal to water greater than vg'cr i
Uranjum 235(X) 500 290 Other fissile material (Y) 300 180 (2) the encapsulated plutonium beryllium neutron sourtes are m l
special form and the total mass of fissile _ radionuclides in the shipment does
'not exceed 2500 9 (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 i
hydrogenous material enriched in deuterium 1s not present in quantities 4
exceeding 0.1% of the fissile material mass.
(f) lh1s general license applies only when shipment of these packages is made under procedures specifically authorized by 001, in accordance with 49 CfR Part 173 of its regulations, to prevent loading, transport, or storage of these pacLages with other fissile material shipe nts.
- 4. Section 71.53 is revised to read as follows.
S 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 pactage standards of % 71.55 and These
- 71,59. but are subject to all other requirements of this part.
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exenptions apply only when beryllium, graphite, or hydrogenous material enriched in deuterium is not present in quantities exceeding 0.1 percent of the fissile material mass.
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(a) fissile material such that Grams of uranit91-235 + orams of other fissile material s X
Y for an individual consignment, where X and Y are the mass limits defined in following table, CONSIGNMENT MAZ LIMITS FOR EXEMPTIONS FROM THE REQUIREMENTS FOR PACKAGES CONTAINING flSSILE MATERIAL Fissile material mais (g)
Fissile material mass (g)
Fissile material mixed with substances having mixed with substances an average hydrogen density having an average hydrogen less than or equal to water density areater than water 290 Uranium 235(X) 400 Other fissile material (Y) 250 180 provided that.-
For (1) Each pactage contains no more than 15 g of fissile material.
unpackaged material the mass limit of 150 applies to the conveyance; or (2) The fissile material consists of a homogeneous hydrogenous solution or mixture where the minimum ratio of hydrogen atoms to fissile radionuclide atoms (H/X)' is 5200 and the maximum concentration of f tssile radionuclides within a package is 5 g/ liter; or (3) There is no more than Sg of fissile material in any 10 liter volume of material and:the material-1s packaged so as to maintain this limit of fissile radionuclide concentration during normal transport.
(b1 Uranium enriched in uranium-235 to a maximum of 1 percent by 2A -
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- w?ight, and with total plutonium and uranium 233 content of up to 1 percent of l
the mass of uranium 235. provided that the fissile material 15 distributed j
homogeneously throughout the package contents and does not form a lattice l
arrangement within the package.
(c) tiquid solutions of uranyl nitrate enriched in uranium 235 to a maximum of 2 percent by weight, with a total plutonium and uraniun 233 content i
not exceeding 0.1 percent of the mass of uranium 235, and with a minimum nitrogen to ur0nium atomic ratio (N/U) of 2.
(d) Plutonium, less than 1 kg of which not more than-20 percent by i
mass may consist of plutonium 239, plutonium 241, or any canbinatice of these radionuclides.
t Dated at Rockville, Maryland, this.
day of 1996.
For the Nuclear Regulatory Counssion.
3 John C. Hoyle.
Secretary of the Conmission.
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The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Hr. Chairman:
The NRC has sent to the Office of the federal Ryister for publication the enclosed final rule to amend 10 CFR Part 71 for fissile material shipments and exemptions.
on NRC fuel cycle facility licensee, Babcock & Wilcox (B&W), notified the NRC on September 11, 1996, that it had discovered a defect in the current NRC and Department of Transportation (DOT) regulations, in 10 CFR 71.53 and 49 CFR 173.453 respectively, which could cause nuclear criticality to occur in shipments of fissile material.
The regulatory defect is not indicative of unsafe fissile material shipments in the past.
Rather, it was identified by 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 The NRC weapons-usable fissile material from the former Soviet Union.
reviewed its regulations and determined that revisions to 10 CFR Part 71.53, were needed on an emergency basis because shipments under these 71.18, 71.22 three sections can be made without specific HRC approval, in aridition to this rulemaking, the NRC has taken other actions to protect public health and safety, including obtaining a commitment from B&W not to An make such shipments and confirming this with a legally binding order.
Information Notice was also issued to all special nuclear material licensees.
This rule will utilize'the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's t egulations, because providing public notice and comment is impractical and contrary to public interest in this case where an inadvertent eriticality in the public domain could involve f atalities, health effects from the resultant radiation, and extensive clean-up costs.
This rule will also utilize the
" good cause" exception to the APA requirement that a final rule must be
4
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published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately. However, the public will be provided a 30-day post promulgation comment period and the Commission will publish a response to significant comments in the federal Register.
Sincerely, Dennis K. Rathbun, Ofrector Office of Congressional Affairs i
Enclosure:
federal Register Notice cc:
Ranking Member 1
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r published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately.
Ilowever, the pubite will be provided a 30-t day post promulgation comment period and the Commission will publish a response to significant comments in the federal Register.
Sincerely.
Dennis K. Rathbun, Director Office of Congressional Affairs Enclosure federal Register Notice cc:
Ranking Member Ols.TRI. sui!0Na Central r/f RDs r/f EDO r/f l
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k UNITED STATES
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NUCt. EAR REGULATORY COMMISSION l
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i The Honorable James M..Inhofe, Chairman
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Subcomittee on Clean Air, Wotlands, Private.
Property and Nuc1 car Safety Comittee on Environment and Public Works United States Senate 3
WashIogton. DC 20510
Dear Mr. Chairman:
'The NRC has sent to the Office of the federal Register for publication the
[
enclosed final-rule to amend 10 CFR Part 71 for finstle material shipments and
, exemptions.
An NRC fuel cycle facility licensee, Babcock t, Wilcox (B&W), notified the NRC on September 11, 1996, that it had discovered a defect ir, the current NRC and i
Department of Transportation (001) regulations, in 10 CFR 71.53 and 49 CFR 173.453 respectively -which could cause nuclear criticality to occur in shipments of fissile material. The regulatory defect is not indicative of i
Rather, it was identified by unstfe_ fissile material shipments in the past, B&W during preparation for shipment of an unprecedtnted type of fissile i
material that could result in nuclear criticality under current requirements.
i This unique material is produced as a waste product from processing of strategic material resulting from operations to commercially downblend The NRC weapons-usable fissile material from the former Soviet Union.
reviewed its regulations and determined that revisions to 10 CfR Part 71.53, 1
were needed'on an emergency basis because shipments under these j
71.18, 71.22 i
three sections can be made without specific NRC approval in addition to this rulemaking, the.NRC has taken other actions to protect t
public health and safety, including obtaining a commitment from B&W not to An make such shipments and confirming this with a legally binding order, Information Notice was also issued to all special nuclear material licensees.
l This rule will uttitze the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's regulations, because providing_ public notice and comment is impractical and contrary to public' interest in this case where an inadvertent criticality in the public domain could involve fatalities, health ef fects from the resultat.t i
radiation,-and extensive clean-up costs.- This rule will also utilize the
" good cause" exception to the APA requirement that a final rule must be m..
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published at least 30 days before its effective date ($ (J.S.C. 553(d)(3)) and will become effective immediately.
However, the public will be providad a 30-day post promulgation comment period and the Commission will publish a response to significant comments in the federal Register, i
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs i
Enclosure:
Federal Register Notice cc:
Senator Bob Graham t
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pubitshed at'least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately. However, the public will be provided a 30-day post promulgation comment period and the Commission will publish a responso to significant comments in the federal Register.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Aff airs
[nclosure:
Federal Register Notice cc:
Senator Bob Graham 1
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O UNITED STATES
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Mr. Robert P. Murphy f
GenerabCounsel l
General Accounting Office
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Ro)m 7115 441 G Street, NW Washington. 00 20548
Dear Mr. Murp.iy:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement fairness
- Act (f 19%, 5 U.S.C. 801, the Nuc1 car Regulatory Commission (NRC) is submitting a final rule amending its regulations in 10 CFR Part 71 for fissile An NRC /uel cycle facility licensee, material shipments and exemptions.
Babcot.k & Wilcox (B&W), notified the NRC on September 11, 1996, that it i
discovered a defect in the current regulations in the NRC 10 CFR 71.53 and the DOT 49 CFR 173.453, which could cause nuclear criticality to occur in
~ hipments of fissile material.
The regulatory defect is not indicative of s
Rather, it was identified by uns.fe fissilo material shipments in the past.of an unprecedented type of fissile B&W during pieparation for shipmentcould result in nuclear criticality under current material that lhls unique laterial is produced-as a waste product from processing of strategic maa.erial resulting from operations to commercially downblend The NRC wopont-usable fissile material fiom the former Soviet Union.
71.53, i
revin',;ed its regulations and determined that revisions to 10 CFR were needed on an emergency basis becat.se shipments under these 71.18, 71.22 thres sections can be made witho,t specific NRC approval.
is not a " major rule" as cefineo in 5 U.S.C.
We have determined that this cult
. We have confirmed this determination with the Office of Management 804(2)dget.
and su Enclosed is a copy of the final rule, which is being transmitted to the Office Neither a Regulatory flexibility of-the federal Regitter for publication.
Certification nor a Regulatory Analysis has been prepared for this final rule which has insignificant economic impact on-NRC special nuclear material
. licensees.
This rule will utilize the "goud cause" exception to the Administrative Procedure Act's (A! A's) requiren,ent. for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the commission's regulations, because providing pubite notice and comment is impractical and contrary to public interest in this. case where an inadvertent' criticality in s
the public dMnin-could involve fatalities, health effests from the resultant radiation, and extensive clean-w costs.
This rule will-also utilize the
'" good cause". exception to the APA requirement that a final rule must be b
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published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and However, the public will be provided a 30-i will become effective immediately.
day post promulgation comment period and the Commission will publish a response to significant comments in the federal Register.
i Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule t
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Sincerely, i
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
final Rule r
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UNITED STATES j/ 1
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\\ '... r The lionorable' Al Gore President of the United
. States Senate.
Washington, DC -20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting =a final rule amending its-regulations in 10 CFR Part 71 for fissile An NRC fuel cycle facility licensee.
material shipments and exemptions.
that it Babcock & Wilcox-(B&W), notified the NRC on September 11, 1996, discovered a defect in the current regulations in the NRC 10 CFR 71.53 and the which could cause nuclear criticality to occur in
~ DOT 49 CFR 173.453, shipments of fissile material.
The regulatory defect is not indicative of Rather, it was identified by unsafe fissile material shipments in the past.
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 d.wrblend The NRC weapons-usable fissile material from the former Soviet Union.
71.53, reviewed its regu1.ations and determined that revisions to 10 CFRi 71.18. 71.22 three sections can be made without specific NRC approval, We have determi.1ed that this rule is not a " major rule" as defined in 5 U.S.C.
We have confirmed this determination with the Office of Management j
804(2).-
and Budget.
Enclosed is a copy of the final ruie, which is being transmitted to the Office Neither a Regulatory flexibility of the federal Register for publication.
Certification nor a Regulatory Analysis has been prepared for this final rule which has insignificant economic-impact on NRC special nuclear material licensees.
This rule will utilize the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's regulations, because providing public notice and comment is impractical and contrary to.public interest in this case where an inadvertent criticality in the~ public domain could involve f atalities health. effects from the resultant This rule will also utilize the
. radiation, and extensive clean-up cntts.
" good cause". exception to the APA requirement that a final rule must be q
? l published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and i
will becone effective immediately.
However, the public will be vovided a 30-day post promulgation comment period and the Commission will pub'ish a response to significant comments in the federal Register.
Si cerely.
b Dennis K. Rathbun. Director Office of Congressional Affairs r
Enclosure:
Final Rule
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Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule DISTR 180T10Ni central f/c RDB r/f EDO r/f.
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The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business R> 7ulatury Enforcement f airness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Comitsion (NRC) is submitting a final rule amending its regulations in.0 CFR Part 71 for fissile An NRC fuel cycle facility licensee, material shipments and exemptions.
Babcock & Wilcox (B&W), notified the NRC on September 11, 1996, that it discovered a defect in the current regulations in the NRC 10 CFR 71.53 and the 00T 49 CFR 173.453, which could cause nuclear criticality to occur in shipments of fissile material.
The regulatory defect is not indicative of unsafe fissile material shipments in the past.
Rather, it was identified by 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 niaterial resulting from operations to commercially downblend The NAC weapons-usable fissile material from the fnrmer Soviet Union.
71.53, reviewed its regulations and determined that revisions to 10 CFR were needed on an emergency basis because shipments under these 71.18, 71.22 three sections can be made without specific NRC approval.
We have retermined that this rule is not a " major rule" as defined in 5 U.S.C.
We have confirmed this determination with the Office of Management 804(2).
and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the of fice of the Federal Register for publication. Neither a Regulatory flexibility Certification nor a Regulatory Analysis has been prepared for this final rule which has insignificant economic impact on NRC special nuclear material licensees.
This rule will utilize the " good cause" oxception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's rcgulations, because providing public notice and comment is impractical and contrary to public interest in this case where an inadvertent criticality in '
the public domain could involve fatalities, health effects from the resultant This rule will also ut111ze the radiation, and extensive clean-up costs.
" good cause" exception to the APA requirement that a final rule must be
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, published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately.
Ilowever, the public will be provided a 30-day post promulgation comment period and the Commission will publish a response to significant comments in the federal Register.
Sincerely, Dennis K. Rathbun, t,irector Office of Congressional Affairs
Enclosure:
Final Rule
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' published at least-30 days before its effective date (5 U.S.C. 553(d)(3)) a'nd will become effective immediately. However,-the public will be-provided a 30-
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day. post promulgation comment period 6nd the Commission will publish'a.
response to significant comments in the federal = Register.
Sincerely, e
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
4 Final Rule r
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/96 DATE ( T OFFICE RECONI COPY llES FILE CODE:
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- h5 Attachment.3 Public Announcement 6'
o' o
This_ rule will utilize the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 i
.(b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commiss on s regulations,. because providing public notice and comment is impractical and contrary to public interest in-this case where an indvertent criticality in the public domain could involve fatalities, health effects from the resultant radiation, and extensive clean-up costs. This rule will also utilize the
" good cause" exception to the APA requirement that a final rule must be published at least 30 days before its effective date (5 U.S.C. 553(d)(3)) and will become effective immediately. However, the public will be provided a 30-day post promulgation comment period and-the Commission will publish a response to significant comments in the Federal Register.
,