ML20212H298

Forwards Final Rule, Elimination of Reporting Requirement & 30-Day Hold in Loading Spent Fuel After Preoperational Testing of Independent Spent Fuel Storage of Monitored Retievable Storage Installation

ML20212H298
Person / Time
Issue date:	09/10/1998
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Schaefer D HOUSE OF REP.
Shared Package
ML20212H254	List: ML20212H250 ML20212H260 ML20212H266 ML20212H280 ML20212H298 ML20212H302 ML20212H310 ML20212H337 ML20212H357 ML20212H363 ML20212H367 ML20212H374 ML20212H388 ML20212H392 ML20212H400 ML20212H405 ML20212H420 ML20212H441 ML20212H451 ML20212H462 ML20212H469 ML20212H474 ML20212H501 ML20212H537 ML20212H546 ML20212H562 ML20212H601 ML20212H612 ML20212H623 ML20212H647 ML20212H664 ML20212H683 ML20212H695 ML20212H706 ML20212H725 ML20212H730 ML20212H736 ML20212H742
References
FRN-64FR17510, RULE-PR-72 AG02-2-010, NUDOCS 9910010023
Download: ML20212H298 (7)

Text

.i

'A8M 4 fDA Septembnr 10, 1998 The Honorable Dan Schaefer, Chainnan Subcommittee on Energy and Power -

Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) has sent the Office of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in 10 CFR Part 72.

The proposed rule, if promulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs.

The Commission is issuing the proposed rule for public comment.

Sincerely, Original signed by DKRathbun Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register notice cc: Representative Ralph Hall Distribution:

RGordon\\RF IMNSS\\CentralFile NMSS R\\F NRC Central File PHolahan' CPoland (

)

MBridpra (EDO-Wits-DMendiola%DM

) LBRianl%DM CGallagher%DM

~

identical letter sent to the Honorable James M. Inhofe DOCUENT NAME: [O:\\Gunderson\\part72_8)propos. con)

To w,elve a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" o No copy bFFICE

• See prsvious concurrences RGB\\lMNS l

RAG \\lMNS l

D:lMNS l

D:NMSSjf l

OCA q/)

l NAME E_ L.^ -

JPiccone*

FCombs*

CJPadd#elloiht DKRJ",,,dn-DATE 8/14 198 8114198 8 /14 /98 7 / 1 0/98 '

(T# /98 OFFICIAL RECORD COPY 9910010023 990924 PDR PR 72 64FW17510

,PDR blg

+

t UNITED STATES

}

NUCLEAR REGULATORY COMMISSION

%,..... [g WASHINGTON, D.C. 30006 0001 september 10, 1998 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) has sent the Office of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in 10 CFR Part 72.

The proposed rule, if promulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs.

The Commission is issuing the proposed rule for public comment.

Sincerely,

'M[

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Reaister notice cc: Senator Bob Graham

gn utuqk UNITED CTATES p

{

NUCLEAR REGULATORY COMMISSION f

WASHINGTON, D.C. 3000H001

\\...,+/

September 10, 1998 l

The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The U.S. Nuclear Regulatory Commission (NRC) has sent the Offica of the Federal Register, for publication, the enclosed proposed amendment to the Commission's rule in 10 CFR Part 72.

The proposed rule, if promulgated, would eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the reporting or the holding period because the staff is on site and evaluates preoperational testing as it occurs.

The Commission is issuing the proposed rule for public comment.

Sincerely,

)

l tl

,su Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Reaister notice cc: Representative Ralph Hall

)

o 4

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG02 Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Prooperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC)is amending its regulationr; to eliminate the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an unnecessary regulatory impact on licensees.

qq df@D3/6 %&

aj

7 DATES: The comment period expires (75 days after publication). Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.

Deliver comments to: 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federalworkdays.

You may also provide comments via the NRC's interadive rulemaking web site through the NRC home page (http /www.ntc. gov). This site provides the availability to upload 1

i comments as files (any format) if your web browser supports that function. For information -

about the interactive rulemaking site, contact Ms. Carol Galla0 er, (301) 415-6215; e-mail j

h i

CAG@nrc. gov.

Certain documents related to this rulemaking, including comments received may be l

i l

examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, l

i DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for this rulemaking.

i FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear Material l

Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail gegi @nrc. gov.

2

)

e SUPPLEMENTARY INFORMATION:

Background

i

(

Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for a sde-specific license ($ 72.24(g)) and the application for the approval of a spent fuel storage cask ($ 72.236(l)) contain information on the performance of preoperational testing by the site-specdic licensee or the general licensee, respectively. The licensee is required to complete the preoperational testing program described in the applicable SAR before spent fuel is loaded into an independent spent fuel storage installation (ISFSI) or before spent fuel or high-level radioactive waste (HLW) is loaded into a monitored retrievable storage installation (MRS).

10 CFR 72.82(e) requires licensees to submit to the NRC a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW for loading into an ISFSI or MRS. However, the licensee is not required to submit test procedures, but only a report of the test results. A copy of this report is subsequently placed in the NRC Public Document Room (PDR). The purpose of the 30-day period is to establish a hold point to allow NRC to review a new licensee's preparations and, if necessary, exercise its regulatory authority before spent fuel is received at an ISFSI or spent fuel and HLW at an MRS.

The licensee is not required to obtain NRC approval of the report before commencing loading operations.

e 3

i

r-3 l-l Discussion l

1 The requirement for a preoperational test report and 30-day hold period was added to the Part 72 regulations goveming licensing requirements for ISFSis and an MRS at the time they became effective on November 28,1980 (45 FR 74693), and before the NRC staff had any practical experience in licensing such facilities. However, in the intervening period, the Commission's practice has been for NRC staff to maintain an extensive oversight presence during the preoperational testing phase of ISFSis, reviewing the acceptanco critoria, preoperational test, and test results as they occur. Thus, NRC staff has had immediate access to the licensee's procedures and test results and has not needed either a preoperational test report or a 30-day hold period in order to complete its inspection activities and determine i

whether any further regulatory action is needed before the licensee begins to load spent fuel or HLW.

The NRC inspection program now in place (i.e., inspection Manual Chapter 2690 and l

Inspection Procedures 60854 and 60855) ensures that the NRC staff will review the licensee's normal, abnormal, and emergency operating procedures,(including loading and unloading procedures), as well as observe implementation of those procedures during preoperational l

testing. Consequently, NRC staff is in a position to ensure that the licensee has resolved any problems before loading spent fuelinto the ISFSI. NRC staff documents the results of the inspection of the preoperational test program in a written inspection report, which is placed in the PDR. This report contains conclusions on whether the licensee has adequately completed 4

L

4 6

- the preoperational test program, an assessment of the licensee's performance in completing the preoperational test program, and an assessment of the licensee's readiness to begin loading spent fuel or HLW.

Notwithstanding that this regulation ensures that the NRC will be notified by the licensee before it begins loading spent fuel, other regulations and processes provide adequate assurance that the NRC will be aware of a licensee's anticipated loading activities. For ISFSis at operating reactor sites, the Commission expects that on-site NRC resident inspector staff would be aware of any potential fuelloading activities. Additionally, generallicensees are required by 6 72.212(b)(1)(l) to notify the NRC at least 90 days before spent fuel loading begins. For site-specific licensees, the fact that a license has been issued serves as adequate notice to the NRC that spent fuel loading activities are planned. Further, site-specific licensees are also required by $ 72.70(a) to submit a final safety analysis report to the Commission at least 90 days before spent fuel loading begins.

The public will retain the ability to review a description of the preoperational tests and their acceptance criteria because such information is contained in the SAR, which is available

(

for review in the NRC PDR. Relevant information on the preoperational test program and the results of the preoperational test program both will remain available for public review in the SAR and the inspection report, respectively, l

The NRC staff's experience has also been that the 30-day hold established by 9 72.82(e) creates a potentially significant financict burden for licensees because, during the 30-day period, the licensee can perform no loading activities even though the licensee is ready 5

l

n to load spent fuel or HLW. This has resulted in several requests for exemptions by licensees and the need for the NRC staff to expend time processing these requests. The elimination of l

this regulation would preclude the need for exemption requests and would enable the licensee j

to use the crew assembled for fuel transfer while the lessons of preoperational testing are fresh in their minds and will contribute to the emciency of operations by avoiding unnecessary idle l

time. The NRC staff observers of spent fuelloading will similarly benefit.

i l

Therefore, the Commission proposes to remove 10 CFR 72.82(e) from NRC's regulations because it believes neither the report nor the 30-day hold period are needed for regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory burden. While elimination of this reporting requirement will also remove a piece of information -

which was available to the public, the alternative sources of information available to the public on preoperational test activities adequately recount the licensee's performance of preoperational testing.

Environmental Impact: Categorical Exclusion The NRC has determined that this proposed rule is the type of action described as a categorical arclusion in 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this proposed rule.

l 6

I

Paperwork Reduction Act Statement l

This proposed rule decreases the burden on licensees by eliminating the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before_

receipt of spent fuel or high-level radioactive waste,10 CFR 72.82(e). The public burden reduction for this information collection is estimated to average 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per response.

Becauss the burden for this information collection is insignificant, Office of Management and Budget clearance is not required. Existing requirements were approved by the Office of Management and Budget, approval number 3150-0132.

\\

Public Protection Notification lf an information collection does not display a currently valid OMB control number, the 1

NRC may not conduct or sponsor, and a pemon is not required to respond to, the information collection.

Regulatory Analysis l

The proposed amendment would eliminate the requirement that 10 CFR Part 72 licensees submit a repor1 of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW on the grounds that NRC's !nspection program ensures that the NRC staff will be present for observance of preoperational testing and will be in a position to ensure that a licensee is prepared to safely load spent fuel or HLW. Thus, the 7

l

r:

i.

report and the 30-day hold period are not needed for NRC's regulatory activities.

The benefit of the proposed rule is that elimination of a report and 30-day hold period

_ not needed by the NRC would reduce an unnecessary regulatory impact on licensees resulting from the 30-day waiting period following submittal of a report of the preoperational test criteria i

l and test results to the NRC. During this period, the licensees can perform no loading activities even though the licensee is ready to load spent fuel or HLW. This could impose a potentially significant financial burden on licensees. The rule would also relieve both licensees and the NRC staff from the need to process exemption requests. The Commission has received and approved several requests for exemption from 9 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation. An impact of the proposed j

rule would be that a report of the preoperational test criteria and test results will no longer be available. However, NRC inspection reports will contain NRC findings on the preoperational testing and assessments on the licensee's readiness to commence loading spent fuel. These inspection reports will be available in the NRC Public Document Room system. The NRC also l

considered the attemative of shortening rather than eliminating the hold period but rejected this 1

attemative because it would still retain a requirement not needed for regulatory purposes and l

thus, would still impose an unnecessary regulatory burden on licensees.

Regulatory Flexibility Certification l

in accordance with the Regulatory Flexibility Act of 1980 as amended 5 U.S.C. 605(b),

t the Commission certifies that this proposed rule will not, if adopted, have a significant economic impact on a substantial number of small entities. This proposed rule would affect only the 8

I

L t.

4 j

, operators of ISFSis. These companies do not fall within the scope of the definition of"small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose backfits as defined i

in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.

i Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is issuing the proposed rule to amend 10 CFR 72.82, under one or more of $$ 161b,1611, or 161o of the AEA. Willful violations of this rule would be subject to criminal enforcement, l

l Compatibility of Agreement State Regulations i

~

i Under the " Policy Statement on Adequacy and Compatibility of Agreement State i

Programs," approved by the Commission on June 30,1997, and published in the Federal l

Register (62 FR 46517, September 3,1997), this rule is classified as compatibility Category "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program i

elements in this category are those that relate directly to areas of regulation reserved to the NRC by the AEA, or the provisions of Title 10 of the Code of Federal Regulations. Although an 9

l L

]

E Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licen. sees of certain requirements, via a mechanism that is consistent with the particular State's dministrative procedure laws, but does not confer regulatory authority on the State.

a List of Subjects in 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational saf and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

i 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.

553; the NRC is proposing to adopt the following amendment to 10 CFR Part 72.

PART 72-LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

1. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184,186, ~187,189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,83 Stat 444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099,2111,2201,2232, 2233,2234,2236,2237,2238,2282); secs. 274, Pub. L 86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended,202,206,88 Stat.1242, as amended 1244, 1246 (42 U.S.C. 5841,5842, 5846); Pub. L.95-601, sec.10, 92, Stat. 2951 as amended by Pub. L.102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190, 83 Stat. 853 (42 l

10 i

9 U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L 97-425,96 Stat. 2229,2230,2232, 2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155, 10157,10161,10168).

Section 72.44(g) also issued under sec.142 (b) and 148 (c), (d), Pub. L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162 (b),10168 (c), (d)). Section 72.46 also issued l

under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.

1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),

141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.10101,10137(a),

10161(h)). Subparts K and L are also issued under sec.133, 98 Stat. 2230 (42 U.S.C.10153) and spc. 218(a), Stat. 2252 (42 U.S.C.10198).

0 1

l 11

[I l,.

i.

$ 72.82 [ Amended]

2. Section 72.82 is amended by removing paragraph (e).

Dated at Rockville, Mar)4and this N'td day of 998.

For the Nuclear Regulatory Commission.

L. Jose

Callan, Executive Director for Operations.

l i

l

)

12 I

NO L,

/PR 49046 FedIr:.1 Regist r/Vol. 63. No.177/ Monday, Sept:mber 14,1998/ Proposed Rufes i

i effirmance without opinion, the case NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT:

will be assigned to a three-Member COMMISSION Cordon Gundersen, Office of Nuclear panel for review and decision.The Material Safety and Safeguards, U.S.

panel to which the case is assigned also 10 CFR Part 72 Nuclear Regulatory Commission, his the authority to determine that a Washington, DC 20555-0001, telephone RtN 3WG02 casi should be affirmed without (301) 415-6195, e-mail gegl@nrc. gov.

opinion.

Elimination of Reporting Requirement SUPPLEMENTARY INFORMATION:

and 30-Day Hold in Loading Spent Fuel Background (d) Powers of the Board--(t) * *

• After Preoperational Testing of (2) Summary disndssal of appeals. (i) Independent Spent Fuel Storage or Part 72 requires that the Safety Standards. * *

• Monitored Retrievable Storage Analysis Report (SAR) accompanying an application for a site-specific licensa (F) The ap eal does not fall within the installations (S 72.24(g)) and the application for the Board's jurisdiction, or lies with the AGENCY: Nuclear Regulatory approval of a spent fuel storage cask Immigration Judge rather than the Commission.

($ 72.236(1)) contain information on the

"#d*

ACTION: Proposed rule.

Performance of preoperational testing by (G) The appealis untimely, or it is the site-specific licensee or the general clear on the record that the right of suuuARY:The Nuclear Regulatory licensee, respectively. The licensee is appeal was affirmatively waived; or Commission (NRC)is amending its required to complete the preoperational (H) * *

• regulations to eliminate the requirement testing program described in the (ii) Action by the Board. The that a report of the pmoperational applicable SAR before spent fuelis Ch frman may provide for the exercise testing of an independent spent fuel loaded into an independent spent fuel of the appropriate authority of the Board storage installation or monitored storage installation (ISFSI) or before to dismiss an appeal pursuant to retrievable storage installation be spent fuel or high level radioactive paragraph (d)(2) of this section by a submitted to the NRC at least 30 days waste (HLW) is loaded into a monitored three-Member panel, or by a single before the receipt of spent fuel or high.

retrievable storage installation (MRS).

Boird Member or the Chief Attorney level radioactive waste. Experience has 10 CFR 72.82(e) requires licensees to Examiner. The Chairman may determine shown that the NRC staff does not need submit to the NRC a report of the who from among the Board Members or the report or the holding period because preoperational test acceptance criteria l

tha Chief Attorney Examiner is the NRC staff is on site and evaluates and test results at least 30 days before l

tuthorized to exercise the authority preoperational testing as it occurs. This the receipt of spent fuel or HLW for under this paragraph and the amendment will climinate an loading into an ISFSI or MRS. However, disignation may be changed by the unnecessary regulatory impact on the licensee is not required to submit Chiirman as he deems appropriate.

licensees.

test procedures, but only a report of the test results. A copy of this report is Except as provided in this part for DATES:The comment period expires subsequently placed in the NRC Public review by the Board en banc or by the November 30,1998. Comments received Document Room (PDR). The purpose of Attorney G<.neral, or for consideration of after this date will be considered if it is the 30-da period is to establish a hold motions to reconsider or reopen, an practical to do so, but the Commission mt to a low NRC to review a new order dismissing any appeal pursuant t is able to ensure consideration only for ficensee,s preparations and,if paragraph (d)(2) she,1 constitute the comments received on or before this necessary, exercise its regulatory final decision of tiu Board. If the s!ngle dat**

Board Member a the Chief Attorney authority before spent fuelis received at ADDRESSES: Comments may be sent to:

an ISFSI or spent fuel and HLW at an Examiner to whom the case is assigned datermines that the case is not Secretary, U.S. Nuclear Regulatory MRS. The licensee is not required to Commission, Washington, DC 20555-obtain NRC approval of the report before appropriate for summary dismissal, the 0001, Attention:Rulemakingand commencing loading operations.

ecse will be assigned for review and Ad ication taff.

decision pursuant to paragraph (a) of tMs sedon Pike, Maryland, between 7:30 am and The requirement for a preoperational 4:15 pm on Federal workdays.

test report and 30-day hold period was

3. Section 3.2 is amended by adding You may also provide comments via added to the part 72 regulations a new paragraph (b)(3) to read as the NRC's interactive rulemaking web governing licensing requirements for follows:

site through the NRC home page (http:

ISFSis and an MRS at the time they 63.2 Reopening or reconsideration before //www.nrc. gov). This site provides the became effective on November 28,1980 the Board of Immigration Appeals availability to upload comments as files (45 FR 74693), and before the NRC staff (any format)if your web browser had any practical experience in supports that function. For information licensing such facilities. However, in (3)...

about the interactive rulemaking site, the intervening period, the c ntact Ms. Carol Gallagher,(301) 415-Commission's practice has been for NRC so 1 on e n ntt a h se shoufd not have been affirmed without 6215; e-mail CAG@nrc. gov.

staff to mamtain an extensive oversight Certain documents related to this presence during the preoperational opinion by a single Board Member, or rulemaking, including cornments testing phase ofISFSis, reviewing the by a three-Member Panel, is barred, received may be examined at the NRC acceptance criteria, preoperational test, Public Document Room,2120 L Street and test results as they occur. Thus, Dated: September 8,1998.

NW (Lower Level), Washington, DC.

NRC staff has had immediate access to I: net Reno, These same documents also may be the licensee's procedures and test Attorney Genemi.

viewed and downloaded electronically results and has not needed either a IFR Doc. 98-24571 Filed 0-11-98; 8:45 aml vja the interactive rulemaking website preoperational test report or a 30-day numa coor ms m established by NRC for this rulemaking, hold period in order to complete its

~-

i l

Fedtral Regist r/Vol. 63, No.177 / Monday, September 14,1998/ Proposed Rules 49047 i

k inspection activities and determine significant financial burden for Public Protection Notification whether any further regulatory action is licensees because, during the 30-day if an information collection does not needed before the licensee begins to penod, the licensee can perform n display a currently valid OMB control load spent fuel or llLW.

loading activities even though the number, the NRC ma not conduct or The NRC inspection program now in licensee is ready to load spent fuel or

• P "" *", d " P*'* " l' ""t #*]uired to place (i.e., inspection Manual Chapter llLW. This has resulted in soveral 25 pond to the information col ection.

2000 and Inspection Procedures 60854 requests for exemptions by licensees I

and 60855) ensures that the NRC staff and the need for the NRC staff to expend Regulatory Analysis will review the licensee's normal-time processing these requests. The The proposed amendment would i

abnormal, and emergency operatin elimination of this regulation would eliminate the requirement that 10 CFR procedures,(including loading an preclude the need for exemption part 72 licensees submit a report of the

)

unloading procedures), as well as requests and would enable tFo licensee preoperational test acceptance criteria obarve implementation of those to use the crew assembled for fuel and test results at least 30 days before procedures during preoperational transfer while the lessons of the receipt of spent fuel or !!LW on the testing. Consequently, NRC staff is in a erational testing are fresh in their grounds that NRC's inspection rogram preo[s and will contribute to the position to ensure that the licensee has min ensures that the NRC staff will pent uebnt 8

efficiency of o orations by avoiding present for observance of preoperational t e SFS. RC s aff unnecessary i le time.The NRC staff testing and will be in a position to documents the results of the inspection bservers of spent fuelloading will enture that a licensee is prepared to of the preoperational test program in a similarly bent.

safely load spent fuel or IILW. Thus, the written inspection report,which is placed in the PDR This report contains Thereforo, the Commission proposes report and the 30-day hold period are conclusions on whether the licensee has to remove 10 CFR 72.82(e) from NRC's not needed for NRC's regulatory adequately completed the regulations because it believes neither activities, preoperational test program, an the report nor the 30-day hold period The benefit of the proposed rule is assessment of the licensee's are needed for regulatory purposes and that elimination of a report and 30-day performance in completing the taking this action will relieve licensees hold perioit not needed by the NRC preoperational test program, and an from an unnecessary regulatory burden. would reduce an unnecessary regulatory assessment of the licensee's readiness to While elimination of this reporting impact on licensees resulting from the begin loading spent fuel or llLW.

requirement will also remove a piece of 30-day waiting period following Notwithstanding that this regulation information which was available to the submittal of a report of the ensures that the NRC will be notified by public, the alternative sources of preoPerational test criteria and test i

I the licensee before it begins loading information available to the public on results to the NRC. During this period, spent fuel, other regulations and preoperational test activities adequately the licensees can perform no loading processes provide adequate assurance recount the licensee's performance of activities even though the licensee is that the NRC will be aware of a preoperational testing.

ready to load spent fuel or llLW. This licensee's anticipated loading activities, could impose a potentially significant For ISFSIs at operating reactor sites. the EnvironmentalImpact: Categorical financial burden on licensees. The rule Exclusion would also relieve both licensees and Commission expects that on-site NRC the NRC staff from the need to process resident inspector staff would be aware The NRC has determined that this exemption requests. The Commission of any potential fuelloading activities.

Pmposed rule is the type of action has received and approved several Additionally generallicensees are describad as a categoncal exclusion in requests for exemption from 9 72.82(e) required by 9 72.212(b)(1)(1) to notify the to CFR 51.22(c)(3)(lii).Therefore, and envisions that most future part 72 NRC at least 90 days before spent fuel neither an environmentalimpact licensees would also apply for loading begins. For site-specific statement nor an environmental licensees, the fact that a license has exemption from this regulation. An assessment has been prepared for this impact of the proposed rule would be i

l been issued serves as adequato notice to P " P 8"d'"I*-

that a report of the preoperational test the NRC that spent fuelloading activities are planned. Further, site-Paperwork Reduction Act Statement criteria and test results will no longer be specific licensees are also required by available, liowever, NRC inspection 6 72.70(a) to submit a final safety This proposed rule decreases the reports will contain NRC findings on the analysis report to the Commission at burden on licensees by eliminating the preoperational testing and assessments least 90 days before spent fuelloading requirement that a report of the on the licensee's readiness to commence begins.

preoperational testing of an loadinE spent fuel. These inspection The public will retain the ability to independent spent fuel storage reports willbe available in the NRC j

review a description of the installation or monitored retrievable Public Document Room system.The preoperational tests and their storage installation be submitted to the NRC also considered the alternative of acceptance criteria because such NRC at least 30 days before receipt of shortening rather than eliminating the information is contained in the SAR, spent fuel or high-level radioactive hold period but rejected this alternative which is available for review in the NRC waste,10 CFR 72.82(e). The public because it would still retain a PDR. Relevant information on the burden reduction for this information requirement not needed for regulatory

)

preoperational test program and the collection is estimated to average 40 purposes and thus, would stillimpose i

results of the preoperational test hours per response. Because the burden an unnecessary regulatory burden on program both will remain available for for this information collection is licensees.

public review in the SAR and the insignificant. Office of Management and inspection report, respectively.

Dudget clearance is not required.

Regulatory Flexibility Cedification The NRC staff's experience has also Existing requirements were approved by In accordance with the Regulatory i

been that the 30 day hold established by the Office of Management and Iludget.

Flexibility Act of 1980 as amended 5 6 72.82(e) creates a potentially approval number 3150-0132.

U S.C. 605(b). the Commission certifies i

I

I Fed:rd Regist:r/Vol. 63, No.177/Mondiy, September 14,1998/Propos0d Rules l

49048 l

thtt this proposed rule will not, if the Energy Reorganization Act of 1974, DEPARTMENT OF TRANSPORTATION cdopted, have a significant economic as amended; and 5 U.S.C. 553; the NRC Impact on a substantial number of small is proposing to ador'.the following Federal Aviation Administration entitles. This proposed rule would affect amendment to 10 CFR part 72.

only the operators ofISFS!s. These 14 CFR Part 39 companies do not fall within the scope PART 72-LICENSING -

[ Docket No. 97-CE-137-AD) of thidefinition of"smallentitles" set REQUIREMENTS FOR THE RW 2WA64 forth in the Regulatory Flexibility Act or INDEPENDENT STORAGE OF SPENT the Small Business Size Standards set NUCLEAR FUEL AND HIGH-LEVEL Altworthiness Directives; Dornier-out in regulations issued by the Small RADIOACTIVE WASTE Werke G.m.b.H. Model Do 27 Q-6 Business Administration at 13,CFR Part 8

Airplanes

121, 1.The authority citation for Part 72 l

Backfit Anal sis continues to read as follows:

AGENCY: Federal Aviation I

Administration, DOT, Tha NRC has determined that the Authorityt Secs.51,53,57,62,63,65,69, i

g backfit rule,10 CFR 72.62, does not s1,161,182,183,184,166,187,189,68 Stat.

epply to this rule, because this 929,930,932,933,934,935,948,953,954, i

amtndment does not involve any 955, as amended, sec. 234,83 Stat. 444, as

SUMMARY

This document proposes to provisions that would impose backfits amended (42 U.Sn 2071,2073,2077,201,2, adopt a new airworthiness directive ts d fined in to CFR 72.62(a).

2M 3, 2M 5, 2M9, 2111, 2201, 2232, 2233, (AD) that would apply to all Dornier-2234,2236,2237,223a,22a2h secs. 274, Pub. Werke G m.b.H. (Dornier) Model Do 27 ThIrefore, a backfit analysis is not L 8&s73,73 Stat. ass, as amended (42 required for this proposed rule.

Q-6 airplanes. The proposed AD would U.Sn 2021); sec. 201, as amended. 202,20s, require repetitively inspecting the rivets Criminal Penalties 88 Stat.1242, as amended 1244,1246 (42 that attach the forward stabilizer attach For the purpose of Section 223 of the U.Sn 5841,5842,5846h Pub. L 95-601, sec.

I tting tt, the airplane fuselage for Atomic Energy Act (AEA), the 10,92. Stat. 2951 as amended by Pub. L 102-looseness, and replacing any loose Commission is issuing the proposed 486, sec. 7m2,1m Stat. 3123 (42 U.Sn rivets.The proposed AD is the result of rul2 to amend 10 CFR 72.82, under one 585th sec.102, Pub. L 91-190,83 Stat. 853 mandatory continuing airworthiness or more of sections 161b,1611, or 161o (42 ESn 4332h secs.131,132,133,135' information (MCAI) issued by the i

of th3 AEA. Willful violations of this 137,141, Pub. L 97-425,96 Stat. 2229,2230, g

g j

,,9 23 O1

Oth, The actions specified bvA=, :ssed L

ruls would be subject to criminal 22322241.'IH2 enf rament.

AD are intended to prevent the 1

10153,10155,10157,20161,10168).

Compatibility of Agreement State Section 72.44(g) also issued under sec.142 stabilizer from detaching at the forward Regulations (b) and t 48 (c), (d). Pub. L 100-203, tot Stat. stabilizer attach flanges because of loose an 0

c d Sec 72 s a e Ade uacyan p tibi of under sec.189,6a Stat. 955 (42 U.Sn 2239h DATES: Comments must be received on h8$',"Co h'"30PPr0Ved sec.134. Pub. L 97-425,96 Stat. 2230 (42 or before October 15,1998.

issl 99y U.S 10154). Section 72.96(d) also issued ADDRESSES: Submit comments in -

and published in the Federal Register under sec.145(g), Pub. L 100-203,101 Stat.

triplicate to the Federal Aviation (62 FR 46517. September 3,1997), this 133 -235 (42 U.Sn 10165(g)). Subpart I also Administration (FAA), Central Region, ruls is classified as compatibility issued under secs. 2(2),2(15),2(19),117(a).

Office of the Regional Counsel, Category "NRC." Compatibility is not 141(h), Pub. L 97-425,96 Stat. 2202,2203, Attention: Rules Docket No. 97-CE-re uired forCste "NRC,,

22 4,2222,2224 (42 U.Sc 10101,10137(a),

137-AD, Room 1558,601 E.12th Street, regulations. The R program elements 101e1[h)). Subparts K and L are also issued Kansas City, Missouri 64106. Comments i

h u der sec.133,98 Stat. 2230 (42 U.Sn may be inspected at this location directly a f regu ation re erved 1 an sec. 218(a), Stat. 2252 H2 U.SE between 8 a.m. and 4 p.m., Monday to tha NRC b the AEA, or the 1 9a).

provisions o Title 10 of the Code of through Friday, holidays excepted.

c no n a ap s

h Fed ral'Rogulations. Although an

$ 72.82 (Amended) p g

9 9m Agreement Stato may not adopt program

2. Section 72.82 is amended by Daimler-Benz Aerospace, Dornier.

l nf s 1 ensee of det removing paragraph (e).

Product Support, P.O. Box 1103, D-

+

82230 Wessling, Federal Republic of l

requirements, via a mechanism that is Dated at Rockville, MD, this 25th day of

"](' P I

consistent with the particular State's August.1998.

g5 30 98 tdministrative rocedure laws, but does For the Nuclear Regulatory Commission.

information also may b mined at t confer regu atory authority on the L Joseph callan, the Rules Docket at thi ass above, l

Executive Directorfor Opemtions.

FOR FURTHER INFORMATL ONTACT: Mr.

1.1 t of Subjects in 10 CFR Part 72 (FR Doc. 98-24567 Filed 9-11-98; 8.45 am]

Karl Schlotzbaum, Aeros,-ce Engineer, Criminal penalties, Manpower eu.wo coor ms ow FAA, Small Airplane Directorate,1201 training programs, Nuclear materials, Walnut, suite 900, Kansas City, Missouri Occupational safety and health, 64106; telephone: (816) 426-6934; R porting and recordkeeping facsimile: (816) 426-2169.

requirements, Security measures, Spent SUPPLEMENTARY INFORMATION:

Comments invited F r the reasons set out in the preamble and under the authority of the Interested persons are invited to Atomic Energy Act of 1954, as amended; participate in the making of the i

http://www.nrc. gov /OPA/gmo/nrarev/98-164.htm http://www.nrc. gov /OPA/gmo/nrarev/98-164.htm 1

/? $$Z- &

l 0PA 1

l Nuclear Regulatory Commission Office of Public Affairs i

Washington DC 20555 Telephone: 301/415-8200 -- E-mail: opa@nre. gov No.98-164 Scptember 14,1998 NRC PROPOSES TO DELETE REPORTING REQUIREMENT ON LOADING OF SPENT NUCLEAR FUEL STORAGE INSTALLATIONS The Nuclear Regulatory Commission is considering amending its regulations to eliminate what has been determined to be an unnecessary reporting requirement related to the loading of spent nuclear fuel into independent storage installations.

Current regulations require the licensees to submit a report summarizing the results of preoperational testing 30 days before loading. The purpose of this requirement was to give the NRC sufficient time to inspect a licensee's preparations for a new facility and, if necessary, to require changes or other actions before the loading of spent fuel.

The regulations do not require NRC approval of the 30-day report.

But experience has shown that the NRC does not need the report because NRC staff representatives are on site during the preoperational testing and evaluate it as it occurs. Agency inspectors review licensees' normal, abnormal and emergency operating procedures and observe their implementation during preoperational testing. The agency has therefore not needed either a preoperational test report or a 30-day hold period m order to complete its inspection activities.

Interested persons are invited to submit comments on the proposed changes within 75 days after publication in the September 14 edition of the Federal Register. Written comments should be mailed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff. Comments may also be submitted electrcnically via the NRC's interactive rulemaking web site at httn://www.nre.cov/NRC/ rule.html.

NRC 1lome Pace l News and Inihrmation l E-mail l

i or 3 09/14/98 14:25:32

o

/7962 - z.

fM DOCKETED USHRC DOCKET NUMPEt

.j59Q1 ]P4:21

%CPOSED Aui.E Pit7a.

(L3FR49o6)

CF c4

{

nu ADJt:

F~

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG02 Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing of Independent Spent Fuel Storage or Monitored Retrievable Storage Installations 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

i

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to l

eliminate the requirement that a report of the preoperational testing of an independent spent i

fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before the receipt of spent fuel or high-level radioactive waste. Experience has shown that the NRC staff does not need the report or the holding period because the NRC staff is on site and evaluates preoperational testing as it occurs. This amendment will eliminate an unnecessary regulatory impact on licensees.

Pa. m 9/mhr 94&9ff03/C-at wegos

p, I

M 30;I418 DATES: The comment period expires (75 d:',; ;';er p;,L:::..). Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff.

Deliver comments to: 11555 Rockville Pike, Maryland, between 7:30 am and 4:15 pm on Federal workdays.

You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://www.nrc. gov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.

Certain documents related to this rulemaking, including comments received may be examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, DC. These same documents also may be viewed and downloaded electronically via the interactive rulemaking website established by NRC for thir rulemaking.

FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6195, e-mail geg1@nrc. gov.

l i

2 J

37

)

.. SUPPLEMENTARY INFORMATION-1

Background

- Part 72 requires that the Safety Analysis Report (SAR) accompanying an application for a site-specific license ($ 72.24(g)) and the application for the approval of a spent fuel storage cask ($ 72.236(l)) contain information on the performance of preoperational testing by the site-specific licensee or the general licensee, respectively. The licensee is required to complete the preoperational testing program described in the applicable SAR before spent fuel is loaded into

' an independent spent fuel storage installation (ISFSI) or before spent fuel or high-level radioactive waste (HLW) is loaded into a monitored retrievable storage installation (MRS).

l

.10 CFR 72.82(e) requires licensees to submit to the NRC a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW l

for loading into an ISFSI or MRS. However, the licensee is not required to submit test procedures, but only a report of the test results. A copy of this report is subsequently placed in the NRC Public Document Room (PDR). The purpose of the 30-day period is to establish a hold point to allow NRC to review a new licensee's preparations and, if necessary, exercise its i

regulatory authority before spent fuel is received at an ISFSI or spent fuel and HLW at an MRS.

The licensee is not required to obtain NRC approval of the report before commencing loading operations.

l' 1

3 l

l L

r 1

Discussion The requirement for a preoperational test report and 30-day hold period was added to the Part 72 regulations governing licensing requirements for ISFSis and an MRS at the time they became effective on November 28,1980 (45 FR 74693), and before the NRC staff had any practical experience in licensing such facilities. However, in the intervening period, the Commission's practice has been for NRC staff to maintain an extensive oversight presence during the preoperational testing phase of ISFSIs, reviewing the acceptance criteria, preoperational test, and test results as they occur. Thus, NRC staff has had immediate access to the licensee's procedures and test results and has not needed either a preoperational test report or a 30-day hold period in order to complete its inspection activities and determine whether any further regulatory action is needed before the licensee begins to load spent fuel or HLW.

The IJRC inspection program now in place (i.e., inspection Manual Chapter 2690 and Inspection Procedures 60854 and 60855) ensures that the NRC staff will review the licensee's i

normal, abnormal, and emergency operating procedures,(including loading and unloading I

procedures), as well as observe implementation of those procedures during preoperational

{

testing. Consequently, NRC staff is in a position to ensure that the licensee has resolved any

]

problems before loading spent fuelinto the ISFSt. NRC staff documents the results of the inspection of the preoperational test program in a written inspection report, which is placed in

)

1 the PDR This report contains conclusions on whether the licensee has adequately completed l

4

the preoperational test program, an assessment of the licensee's performance in completing i

the preoperational test program, and an assessment of the licensee's readiness to begin loading spent fuel or HLW.

l 4

Notwithstanding that this regulation ensures that the NRC will be notified by the licensee before it begins loading spent fuel, other regulations and processes provide adequate assurance that the NRC will be aware of a licensee's anticipated loading activities. For ISFSis i

at operating reactor sites, the Commission expects that on-site NRC resident inspector staff i

would be aware of any potential fuelloading activities. Additionally, generallicensees are required by 9 72.212(b)(1)(1) to notify the NRC at least 90 days before spent fuel loading begins. For site-specific licensees, the fact that a license has been issued serves as adequate notice to the NRC that spent fuelloading activities are planned. Further, site-specific licensees I

are also required by 9 72.70(a) to submit a final safety analysis report to the Commission at least 90 days before spent fuelloading begins.

1 The public will retain the ability to review a description of the preoperational tests and

' their acceptance criteria because such information is contained in the SAR, which is available for review in the NRC PDR. Relevant information on the preoperational test program and the results of the preoperational test program both will remain available for public review in the SAR and the inspection report, respectively.

1 1

The NRC staff's experience has also been that the 30-day hold established by 9 72.82(e) creates a potentially significant financial burden for licensees because, during the 30-day period, the licensee can perform no loading activities even though the licensee is ready 5

)

j a

to load spent fuel or HLW. This has resulted in several requests for exemptions by licensees and the need for the NRC staff to expend time processing these requests. The elimination of this regulation would preclude the need for exemption requests and would enable the licensee to use the crew assembled for fuel transfer while the lessons of preoperational testing are fresh in their minds and will contribute to the efficiency of operations by avoiding unnecessary idle time. The NRC staff observers of spent fuelloading will similarly benefit.

Therefore, the Commission proposes to remove 10 CFR 72.82(e) from NRC's regulations because it believes neither the report nor the 30-day hold period are needed for regulatory purposes and taking this action will relieve licensees from an unnecessary regulatory

' burden. While elimination of this reporting requirement will also remove a piece of information j

which was available to the public, the alternative sources of information available to the public j

on preoperational test activities adequately recount the licensee's performance of preoperational testing.

l Environmental Impact: Categorical Exclusion i

l The NRC has determined that this proposed rule is the type of action described as a J

categorical exclusion in 10 CFR 51.22(c)(3)(iii). Therefore, neither an environmentalimpact statement nor an environmental assessment has been prepared for this proposed rule.

6

Paperwork Reduction Act Statement i

This proposed rule decreases the burden on licensees by eliminating the requirement that a report of the preoperational testing of an independent spent fuel storage installation or monitored retrievable storage installation be submitted to the NRC at least 30 days before receipt of spent fuel or high-level radioactive waste,10 CFR 72.82(e). The public burden reduction for this information collection is estimated to average 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> per response.

Because the burden for this information collection is insignificant, Office of Management and Budget clearance is not required. Existing requirements were approved by the Office of Management and Budget, approval number 3150-0132.

Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis The proposed amendment would eliminate the requirement that 10 CFR Part 72 licensees submit a report of the preoperational test acceptance criteria and test results at least 30 days before the receipt of spent fuel or HLW on the grounds that NRC's inspection program ensures that the NRC staff will be present for observance of preoperational testing and will be in a position to ensure that a licensee is prepared to safely load spent fuel or HLW. Thus, the t

r report and the 30-day hold period are not needed for NRC's regulatory activities.

The benefit of the proposed rule is that elimination of a report and 30-day hold period not needed by the NRC would reduce an unnecessary regulatory impact on licensees resulting from the 30-day waiting period following submittal of a report of the preoperational test criteria and test results to the NRC. During this period, the licensees can perform no loading activities even though the licensee is ready to load spent,ael or HLW. This could impose a potentially significant financial burden on licensees. The rule would also relieve both licensees and the NRC staff from the need to process exemption requests. The Commission has received and 4

approved several requests for exemption from 72.82(e) and envisions that most future Part 72 licensees would also apply for exemption from this regulation. An impact of the proposed rule would be that a report of the preoperational test criteria and test results will no longer be available. However, NRC inspection reports will contain NRC findings on the preoperational testing and assessments on the licensee's readiness to commence loading spent fuel. These inspection reports will be available in the NRC Public Document Room system. The NRC also considered the alternative of shortening rather than eliminating the hold period but rejected this alternative because it would still retain a requirement not needed for regulatory purposes and thus, would still impose an unnecessary regulatory burden on licensees Regulatory Flexibility Certification in accordance with the Regulatory Flexibility Act of 1980 as amended 5 U.S.C. 605(b),

the Commission certifies that this proposed rule will not, if adopted, have a significant economic i

impact on a substantial number of small entities. This proposed ru'e would affect only the f

r operators of ISFSIs. These companies do not fall within the scope of the definition of 'small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 72.62, does not apply to this rule, because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR 72.62(a). Therefore, a backfit analysis is not required for this proposed rule.

Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act (AEA), the Commission is issuing the proposed rule to amend 10 CFR 72.82, under one or more of @Q 161r S ' ti, or 161o of the AEA. Willful violations of this rule would be subject to criminal enforcement.

Compatibility of Agreement State Regulations Under the " Policy Statement on Adequacy and Compatibility of Agreement State Programs," approved by the Commission on June 30,1997, and published in the Federal Register (62 FR 46517, September 3,1997), this rule is classified as compatibility Category "NRC." Compatibility is not required for Category "NRC" regulations. The NRC program i

elements in this category are those that relate directly to areas of regulation reserved to the l

l NRC by the AEA, or the provisions of Title 10 of the Code of Federal Regulations. Although an i

9 i

i I

]

Agreement State mey not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements, via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State.

List of Subjects in 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

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.

553; the NRC is proposing to adopt the following amendment to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

1. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs.51,53,57,62,63,65,69,81,161,182,183,184,186,187,189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234,83 Stat.

444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099,2111,2201,2232, 2233,2234,2236,2237,2238,2282); secs. 274, Pub. L.86-373,73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202,206,88 Stat.1242, as amended 1244,1246 (42 U.S.C. 5841,5842, 5846); Pub. L.95-601, sec.10,92, Stat. 2951 as amended by Pub. L.102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L.91-190, 83 Stat. 853 (42 10

F 1

O U.S.C. 4332); secs.131,132,133,135,137,141, Pub. L.97-425,96 Stat. 2229,2230,2232, 2241, sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155, 10157,10161,10168).

Section 72.44(g) also issued under sec.142 (b) and 148 (c), (d), Pub. L. 100-203,101 Stat.1330-232,1330-236 (42 U.S.C.10162 (b),10168 (c), (d)). Section 72.46 also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239), sec.134, Pub. L.97-425,96 Stat. 2230 (42 U.S.C.10154). Section 7.2.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.

1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),

141(h), Pub. L.97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),

10161(h)). Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec. 218(a), Stat. 2252 (42 U.S.C.10198).

11

[-.

j s

6 72.82 [ Amended]

2. Section 72.82 is amended by removing paragraph (e).

j Dated at Rockville, Maryland this ZI'cdday of !

r R

998.

For the Nuclear Regulatory Commission.

l L. Jose

Callan, Executive Director for Operations.

l l-i I

12 i