ML20237A448
| ML20237A448 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1998 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gonzales N OFFICE OF MANAGEMENT & BUDGET |
| Shared Package | |
| ML20237A366 | List:
|
| References | |
| FRN-63FR26955, RULE-PR-60, RULE-PR-72, RULE-PR-73, RULE-PR-74, RULE-PR-75 AF32-2-013, AF32-2-13, NUDOCS 9808140085 | |
| Download: ML20237A448 (29) | |
Text
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NUCIAAR RESULATORY COMMISSION unemsetow, a,s. inum un
- Fetramrye,iges
( Ms. Norme G0ctales Ofka of Iriftrmellon end Regulatory Affairs Olks of Mana0ement end BJd0st WeeNneton,DC 20503 l
Deer Ms. Gonneles-1 l
Under the Congreselonel Renew provisions of the Smet Businese Reguletory Enfo coment t
Felmees Act ("the Ast") (5 U.S.C. H eo140ex yu see d iermines whetfor fire esercy
! assions are " major rules" br purposes of the Act. Enclosed you wm and brief Wption of l
final simlements that the Nuclear Regdueery Commleston may leeue in the next 30 # 90 ceys. '
These em new eedone whhti have net yet been submined for your review, We tr Aleve that .
theos actione are not "mu$er rules" under the Act, If yoJ egree WND our'00ertruftettone, pieces inecels your Concurftnes On this letter, and k l theletter to me et 3014154144, You may e'eo reopend by retum e mell to DLMignro. gov.
If you have Ely Queshons $ bout th0es SCU0ns places cell me at 2 1-415 7182.
sincerely, j
. / / c Deved L Meyef, Chief p nweeand cureatives amnoh DMeien of Admhistnetive Sefyloes l OfRoe of Asierdaletration
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- 2. 3180 AF46
- 3. NUREG-1615 l 4. NUREG 1618 I i
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. AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Final Rule: Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste LEVEL OF SIGNIFICANCE: Not a major rule UPCOMING ACTION: Publication in the Federal Reaister of the final rule RIN: 3150-AF32 ESTIMATED DATE OF ISSUANCE: . March 30,1998
. STATUTORY / JUDICIAL DEADLINE: None DESCRIPTION OF ACTION:
The rule would amend the Commission's regulations to clarify physical protection requirements for spent fuel and high-level radioactive waste stored at independent spent fuel storage installations,' monitored retrievable storage installations, and geologic repository operations areas. This action is necessary to reduce the regulatory uncertainty regarding the physical protection requirements for the storage of spent nuclear fuel and high-level radioactive waste
. without reducing the level of protection for public health and safety.
AGENCY CONTACT: Priscilla Dwyer Office of Nuclear Material Safety and Safeguards (301) 415-8110 l.
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L AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Final Rule and Standard Review Plan: Physical Protection for Spent Fueland High-Level Radioactive Waste LEVEL OF SIGNIFICANCE: Not a Major Rule RIN: 3150-AF32 l
ESTIMATED DATE OF l ISSUANCE: May 30. 1998 l DESCRIPTION OF ACTION:
I l A Federal Reaister Notice is to be published addressing comments on the proposed rule (60FR42079. August 15. 1995) and containing the revised final rule text. This rule will add a new section 73.51 to 10 CFR Part 73 that will specify the required performance capabilities of physical protection systems l at facilities that store spent nuclear fuel prior to eventual disposition.
The scope of the' rule addresses independent spent fuel storage installations (ISFSI). the geologic repository operations area (GROA). and any monitored retrievable storage (MRS) sites. The rule will also eliminate redundant material control' and accounting requirements for 10 CFR Part 72 licensees from 10 CFR Part 74 and revise 10 CFR Part 75 regarding procedures for L applicability of International Atomic Energy Agency (IAEA) safeguards to the proposed geologic repository. The rule is supported by a new Standard Review Plan (NUREG-1619) to be isssued simultaneously.
l AGENCY CONTACT: Priscilla A. Dwyer Office of Nuclear Material Safety l and Safeguards (301) 415-8110 l l
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{ NUCLEAR RESULATORY 00MMisslON anmeestou.a.a. amen.enn
- February e,1e00 Me.Norme Gonzales Omes of inftrmaton and Regulatory Affairs Othee of Management and Budget l Weehington,DC 20603 Dear Ms. Gonsales.
l Under dw Congressional Revww provleions of the Smet Businees Reguletory Enforcement
- Falmens Act ("the Ast') (5 U.S.C, H eoi oos), y= one determhus whether fbal erney asenne are "Nor rules" br purposee of the Act. Encioeed you wm find txief deoortptions of fined stalemorts that the Nuclear Reguistory Commieston may leeus in the next 3010 90 cays.'
These are new eellene whlW1 heve not yet noen submitted er your review. We bellow fnet .
these actione are not inepr rules"undersw Act.
if yo'J agree wilft attesermmettons, pieces im your 00ntLirrence on this letter, wie ier l the leser to me et 301-4164144. You may s'mo respond by retum e mell to DLMignrs. gov.
l ff you hows any questkms about these actons, pinese call me et 301 415 7182.
sino resy,
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gr(' David L Meyef, Chief Rules and Directives Bronch DMelon of Admhistrative ServWlms omos of Adwdnioiration l enaaeuree-
- 1. 3150 AF32 i 2. 31RMF46
- 3. NUREG-1615 l 4. WREG-1616 l 5. NUREGACR 88CB l
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2 AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Standard Review Plan for Physical Protection Plans for Category 1,11 & Ill Fuel Cycle Facilities LEVEL OF SIGNIFICANCE: Not a major rule l
l l UPCOMING ACTION: NUREG
.RIN: 1615 l
l ESTIMATED DATE OF ISSUANCE: March 1998 l.
l l STATUTORY OR JUDICIAL DEADLINE: None DESCRIPTION OF ACTION:
This NUREG is a Standard Review Plan (SRP) for use by NRC license reviewers in evaluating physical protection plans prepared pursuant to 10 CFR 70.22 (h) (for Category I licensees) and i- 10 CFR 70.22 (k) (for Category ll and 111 licensees). This SRP has been developed in a new modular format. This effort is part of a new initiative by NRC to simplify and gain efficiencies in the NRC licensing process by presenting information in a user-friendly manner. This document l can be of use to license applicants or licensees seeking an amendment to their license because it provides a format acceptable to NRC for physical protection plans. This SRP does not impose any new requirements on licensees.
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1 GrPOL l g f UNITED STAtat l [ 1 NUCLEAR RESULATORY 00MMiseION
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Me. Norma Gofmales Omts of Inftrmelkm and Regulatory Affairs Offl00 Of Mene0emerit and Buest WesNngton,DC 20603 1 Deer Ms. Oorusies: !
l Under the Ceneroseional Review previolone of the Smet Bushese Regulatory Enforcement Palmens Act 0'the Aor) R U.S 1. 99 801800), your offree determines whether final egency ;
l accons are "maior rules thr g:vooses of the Act. Encdosed you we find brief descriptions of final almisments that the Nuclear Regulatory Commluelon may leeue in the next 30 to 90 caye. '
'Dwee are new eedone whldi have not yet been submitted for your review. We toileve that .
l these estions are not "muler rules" under the Act.
If you egres with our'esterfninagone, pieets Indeste your 00nourtence on tNo letter, and tex theleserto me et 3014154144. You may ano mopend by retum e moll to DLMignro. gov.
H you have any questions about these actons. pleses esil me at 301 415 7182.
sinoe:esy,
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p DevW L Meyer, Chief
- Rules and Direadven Branch Divleien of Administrative Serviose OfRoe of Adminletration Erdoeurse-
- 1. 3150 AF32
- 2. 3180W1$46
- 3. NUREG-1615 '
- 4. WREG-16t6
- 5. NUREGACR 4008 l
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DATE: February 1998 AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Summary and Evaluation of Low-Velocity Impact Test of Solid Steel Billet Onto Concrete Pads LEVEL OF SIGNIFICANCE: Not a major rule UPCOMING ACTION: Publication of the NUREG AGENCY ID: NUREG/CR-6608 ESTIMATED DATE OF ISSUANCE: March 1998 STATUTORY OR JUDICIAL DEADLINE: None DESCRIPTION OF ACTION:
The primary purpose of this NUREG is to provide applicants for an NRC license under 10 CFR Part 72 with a method for evaluating storage cast for low-velocity impact conditions. This report contains a series of finite element analyses of the data developed from testing conducted by Sandia National Laboratories and Lawrence Livermore National Laboratory, i
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4 f UNNED States j j MUCLEAR RESULATORY COMMrssION une w eseew,e,c. -
- FotrJery 5, ise0 Ms. Norma Gorsales Omes of Irtforme50n end Regulatory Mfairs Office of Mana0ement and Budost WesNngton,DC 20508 Deer Ms. Geneales:
Under b Ca, _ _ '-_ : Renew provisions of the Smet Businese Regutetory Enforcement Felmens Ad ("the Ast") (5 U.S.C. H 80140s), yu omos determines whether final agersy accone are ' major rulee for purposes of the Act Enc 60eed you wIl And txief decadptions of final statements that the Nuolmer Regdelory Commteolon may lesus in the next 30 to 90 ceys. '
'these are new estions whluh have not yet been sulmetted for your review. We believe that .
theos actione are not 'rnelor rules" under the Act.
If y0V egree with our' celer!!unegone, pieces indtoele your 00nCMrren00 on this letter, and %x the lone'to me et 3014154144. You may s'ao respond by retum e4nell to DLMignrn.t +.
If you hsWe any quashone about these acdons, plette cell me at 301 415 7182.
Sincerely.
// f(
p DevW L Meyer. Chief Rulee and Diradves Branch DMelon of AdmHetrative Services l
omos of Aderinierstion i
Ercosurer
- 1. 315MF32
- 2. 318MF46
- 3. NUREG-1615 l 4. WREG 1618
- 5. NURECWCR 8005
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i l AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Final Rule: Minor Corrections, Clarifying Changes and a Minor Policy Change LEVEL OF SIGNIFICANCE: Not a major rule l UPCOMING ACTION: Publication in the Epderal Reaister of the final rule
! RIN: 3150-AF46 l ESTIMATED DATE OF ISSUANCE: April 30,1998
. STATUTORY / JUDICIAL DEADLINE: None DESCRIPTION OF ACTION:
I This rule would make minor corrections, clarifying changes to 10 CFR Part 20, and conforming changes tc Parts 32,35,36, and 39. In addition, this rule would make a minor policy change i that would revise the monitoring criteria for minors and declared pregnant women. This change l would provide a small reduction in licensee burden while maintaining the current adequate level of protection of health and safety of minors and declared pregnant women.
AGENCY CONTACT: Jayne M. McCausland
~
Office of Nuclear Material Safety 1
- and Safeguards (301) 415-6219 ]
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PROCEDURES FOR COMPLYING WITH THE SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT F Determine if a final action is sub_iect to the Act's requirements b
- 1. The lead office must exercise judgement in determining whether the final action is subject to the requirements of the Act. Please note that the preliminary lists of documents (Attachments 1 and 2 to the memorandum from the EDO to office directors dated June 25,1996) are not exhaustive g and that inclusion on the lists as either covered or not covered is merely presumptive, not definitive. Use Part 1 of the Record of p Compliance with the Small Business Regulatory Enforcement Fairness Act (Attachment A) to aid in making this decision.
@ 2. If you determine that a final action is covered by the Act, follow the procedures under "0MB Review" below.
I 3. If you determine that a final action is not covered by the Act, forward q a copy of the Record of Compliance and a brief description of the action to the Rules Review and Directives Branch (RRDB), Office of Administration, Mail Stop T-6-D59.
OMB Review
[@ 1. Prepare a brief description using the format presented in Attachment B for each final action covered by the Act. Forward the description to the person in your office desipnated as the point of contact. The description should include your office's recommendation as to whether the action is a " major rule" as defined by the Act. The Rulemaking Plan and the draft regulatory analysis should provide sufficient information to make this determination.
- 2. On the first work day of' each month, the office contact shall fomard a T
l compilation of final actions for that office to RRDB Mail Stop T-6-D59.
The submission must include a paper copy of the compilation and a disk l
{* that presents the compilation as a Wordperfect file (Version 5.1 is preferred).
- 3. RRDB will provide the Associate General Counsel for Licensing and Regulation with a combined list of actions for the NRC at the same time the list is forwarded for OMB consideration.
- 4. RRDB will coordinate with the Office of Management and Budget the i determination of whether any action is considered a " major rule."
l Attachment 2
5.
RRDB will inform the office contact and the Associate General Counsel )
for Licensing and regulation if OMB review of an action results in a '
change in the determination of an action as a " major rule."
- 6. If a Federal Register notice is either required or routinely prepared '
for an action covered by the Act, the Federal Register notice must contain a statement as to whether the action is a major rule, and the i notice must confirm that the NRC has verified this determination with l OMB. The' statement must be included whether the Federal Register notice publishes the text of the final action in its entirety or simply 1 announces the availability of the final action. I I
j congressional notification letters
- 1. The staff shall prepare letters to the Speaker of the House, the President of the Senate, and the General Counsel of the General Accounting Office that transmit the required information for each action. Attachment C is the standard list of addressees. Attachment D is a sample letter for an action that is a " major rule." Attachment E is a sample letter for an action that is a non-major rule.
- 2. The letters for a major rule must be prepared for the Chairman's signature. Letters for all non-major rules must be prepared for the
' signature of the Director, Office of Congressional Affairs (OCA). Each Commissioner, OGC, and RRDB/ADM must be included on the distribution list for each of these letters.
- 3. These letters are in addition to the standard notification letters to the Subcommittee on Energy and Power, Committee on Commerce, United States House of Representatives and the Subcommittee on Clean Air, l Wetlands, Private Property and Nuclear Safety, Committee on Environment L and Public Works, United States Senate prepared in accordance with Section 303 of the Atomic Energy Act.
- 4. Copies of the proposed letters must be included in the concurrence package for the final action. Concurrence must be obtained at the a
' ppropriate level for the final action.
- If the final action is approved at the Commission or the EDO level, proposed letters must be included as an attachment to the Cosmiission paper or the memorandum requesting EDO action.
- If the final action is approved at the staff level, the letters l must receive concurrence at the same level at which the action is f signed. !
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+ The final concurrence block should be prepared for the Director, :
OCA. I 1
Transmitting the letters and issuina the final action.
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- 1. Final actions that are published or noticed in the Federal Register. !
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- 2. l
Final Package - When the final action is submitted for signature and publication, the submittal package must include final letters ready for signature, a copy of the concurrence page for the letters, and three copies of each of the required enclosures.
Commission Approval - If the action is approved at the Commission level, RRDB will forward the Senate, House, and GA0 letters to OCA for signature and transmittal to Congress and the GAO at the same time the Federal Register notice is forwarded to the Office of the Secretary for signature and transmittal for publication.
- ED0 Approval - If the action is approved at the EDO or staff level, RRDB will forward the Senate, House, and GAO letters to OCA for signature and transmittal to Congress and the GAO at the same time the Federal Register notice is forwarded to the Office of the Federal Register for publication.
- Concurrence page - RRDB will forward a copy of the completed concurrence page for the letters. to the issuing office. The issuing office will retain the completed concurrence page in the subject file for the action'.
- 2. Final actions that are not published or noticed in the Federal Register.
- The issuing official signs and dates the final action. However, the final action is not issued or distributed until the following actions are completed:
- The issuing office forwards the Senate, House, and GA0
, letters to OCA for signature and transmittal to Congress and the GAO. The package must include three copies of the signed action as well as three copies of each required attachment.
- OCA will forwarJ S copy of the completed concurrence page for the letters to the issuing office. The issuing office will retain the completed concurrence page in the subject file for the action.
- When the issuing office receives the completed concurrence page for the letters, the issuing office shall then issue and distribute the final action.
Differences between a "maior" rule and a "non-maior" rule For " major" rules:
- 1. A Federal Register notice of final action must be prepared.
- 2. The Chairman shall sign the Senate, House, and GAO letters.
- 3. The letters will be forwarded for the Chairman's signature when the Federal Register notice for the final action is forwarded to the Office of the Secretary for signature, t .
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- 4. A final action may become effective no earlier than 60 days after the date of Congressional receipt of the required material or publication of the final action in the Federal Register, whichever is later.
For "non-major" rules:
- 1. A Federal Register notice of the final action may not be required or routinely prepared. Follow normal agency practice concerning the preparation of a-Federal Register notice.
- 2. The Director, 0CA shall sign the Senate, House, and GA0 letters.
- 3. The letters will be forwarded for the signature of the Director, OCA when either a Federal Register notice for the final action is forwarded for signature and publication or when issuing office signs and dates the final action.
- 4. The NRC chooses an appropriate effective date. This effective date must be after the required submittals to Congress and the GAO.
For "non-binding" " rules":
Please note the addition of Example F - which is a letter to be used in preparing the transmittal for a "non major rule" which does not impose legally binding requirements on licensees. Examples are items like Generic Letters, Regulatory Guides, etc. which do not require a " legally-binding" action on the part of licensees.
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l ATTACHMENT A - RECORD OF COMPLIANCE WITH THE SMALL BUSINESS REGULATORY
! ENFORCEMENT FAIRNESS ACT l
TITLE OF ACTION: ,
l RIN OR NRC ID NUMBER: f 1
Part 1 - Applicability determination.
l Indicate whether, in your judgement, the Act applies to this final action. If you indicate that the Act does not apply, you must also indicate the reason for this determination.
The requirements of the Act are not applicable to this final action.
Indicate the reason for this determination, sign and date this record, l
and retain a copy of this record in the subject file for this action.
The action does not provide any new interpretation of law or policy The action applies to a specific licensee or individual.
The action approves a product.
The action is a rule of agency management or personnel.
The action is a rule of agency organization, procedure or practice ,
that does not substantially affect the rights or obligations of f external parties.
The requirements of the Act apply to this final action because it is the whole or part of a final agency action that has general applicability and future effect designed to implement, interpret, or prescribe law or policy. Continue with Parts 2-5.
Signed: Dated:
l Part 2 - Major rule determination.
The final action is not a " major rule" as defined in 5 U.S.C. 804(2).
The final action is a " major rule" as defined in 5 U.S.C. 804 (2) because the final action has resulted or is likely to result in-- ,
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An annual effect on the economy of $100,000,000 or more A major increase in costs or prices for consumers, individual industries, Federal, State or local government agencies, or geographic regions Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets Signed: Dated:
Part 3 - 0M8 confirmation of NRC determination.
_(date)_ Summary of final action prepared
_(date)_ Summary of final action was forwarded to RRDB
_(date)_ OMB response received OMB confirmed NRC determination OMB overturned NRC determination Signed: Dated:
Part 4 - Congressional notification.
-(date)- Letters to the House, Senate, and GA0 have been prepared and included in the concurrence package for the final action
_(date)_ Appropriate concurrences have been obtained for the letters )
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_(date)_ Final action submitted for publication or signed by issuing i official l
_(date)_ Letters submitted to OCA for signature l
_(date)_ Letters transmitted to the House, Senate, and GAO
_(date)_ Final action published or issued Signed: Dated:
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ATTACHMENT B - FORMAT FOR DESCRIBING FINAL RULES
, AGENCY: Nuclear Regulatory Commission TITLE OF ACTION: Import and Export of Radioactive Material LEVEL OF SIGNIFICANCE: -Not a major rule UPCOMING ACTION: Final rule I RIN: 3150-AD66 ESTIMATED DATE OF ISSUANCE: July 1996 STATUTORY OR JUDICIAL DEADLINE: None i
DESCRIPTION OF ACTION:
The final rule will strengthen the Commission's control over radioactive waste coming into and leaving the United States by requiring specific NRC licensing of radioactive waste imports and exports. The final rule will help to ensure that transactions involving the import and export of radioactive waste are subject to the approval of the U.S. Government and the consent of other involved parties. The new regulations will conform U.S. policies with the l IAEA approved voluntary Code of Practice, which was adopted to guide Nation States in the development of policies and laws on the transboundary shipments
! of radioactive wastes.
[ Note: If the final action is not a final rule, substitute an agency l identification number, such as docket number or regulatory guide number, for the RIN.]
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ATTACHMENT C - ADDRESSEES FOR LETTERS TRANSMITTING FINAL RULES FOR CONGRESSIONAL REVIEW The Hon rable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515 i
1 The Honorable Al Gore l l President of the United l l States Senate Washington, DC 20510 Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G St., NW.
Washington, DC 20548 l
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ATTACHMENT D - SAMPLE LETTER FOR A MAJOR RULE Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G St., NW.
Washington, DC 20548
Dear Mr. Murphy:
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 " major rule" to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, 42 U.S.C. 2214. OBRA-90 requires that the NRC recover approximately 100 percent of its budget authority,-less the appropriation from the Nuclear Waste Fund, for each fiscal year 1991 through 1998 by assessing license and annual fees. For FY 1996, the NRC must collect {
i approximately $462 million through these fees. Two types of fees are I assessed. Applicants and licensees are charged for specific services, such as licensing reviews, that are provided by the NRC. In addition, the NRC assesses an annual fee to its licensees, largely to recover generic costs that cannot be attributed to specific licensees.
l We have determined that this rule is a " major rule" as defined in 5 U.S.C. 804
- (2). We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final FY 1996 rule, which is being transmitted to l the Federal Register for publication. Appendix A of the rule includes a Regulatory Flexibility Analysis. This final rule is scheduled to become effective 60 days after publication in the Federal Register.
Sincerely, Shirley Ann Jackson l
Enclosure:
Final FY 1996 Fee Rule j
[ Note: If Regulatory Analysis, or similar analysis, is prepared for the final rule, it must also be enclosed with each of these three letters.]
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ATTACHMENT E - SAMPLE LETTER FOR A NON-MAJOR RULE Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G St., NW.
Washington, DC 20548
Dear Mr. Murphy:
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 that will strengthen the Commission's control over radioactive waste coming into and leaving the United States by requiring specific NRC licensing of radioactive waste imports and exports. The final rule will help to ensure that transactions involving the import and export of radioactive waste are subject to the approval of the U.S. Government and the consent of other involved parties. The new regulations will conform U.S.
policies with the IAEA approved voluntary Code of Practice, which was adopted to guide Nation States in the development of policies and laws on the transboundary shipments of radioactive wastes.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2). We have confirmed this determination with the Office of Management and Budget. .
Enclosed is a copy of the final rule, which is being transmitted to the Federal Register for publication. The Regulatory Flexibility Certification is included in the final rule. Also enclosed is a copy of the regulatory Analysis for this final rule that contains the NRC's cost-benefit determinations. This final rule is scheduled to become effective 30 days after publication in the Federal Register.
Sincerely,
' Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
Final Rule Regulatory Analysis
-______ - -_ _ _ _ ___ - _ = _ _ _ _ - _ _ _ _ _ _ _ _ _ _ - .
ATTACHMENT F - SAMPLE LETTER FOR A GENERIC LETTER, REGULATORY GUIDE, OR OTHER RULE THAT DOES NOT IMPOSE LEGALLY BINDING HEALTH AND SAFETY REQUIREMENTS Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G St., NW.
Washington, DC 20548
Dear Mr. Murphy:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996,5 U.S.C. 801 et seq., the Nuclear Regulatory Commission (NRC) is submitting a final " rule" as defined in 5 U.S.C. 804. Labeled a " Generic Letter," this non-binding rule asks addressees, all of whom are nuclear power reactor licensees, to provide information about the design of subfoundations for certain structures (" seismic Category I" structures) at their plants, to describe any programs they have for monitoring for potential degradation of subfoundations (several licensees do have such programs), and to report the results of their monitoring.
Evidence of some erosion of porous concrete subfoundations has come to light at some plants.
Thus far, the little erosion that has been found has had no discernible effect on safety-related structures, systems, or components. The enclosed generic letter tells the addressees that monitoring certain structures, systems, and components is an effective way to determine wheth,er erosion has taken place and whether it is having detrimental effects on safety systems.
The letter does not impose on addressees a legally binding requirement to have programs of monitoring for erosion and detrimental effects, but the letter does ask addressees that do not already have monitoring programs to provide the technical and regulatory bases for not having them. The information sought by the generic letter is necessary to verify that the structures in question comply with existing regulatory requirements.
We have determined that this generic letter is not a " major rule" as defined in 5 U.S.C. 804(2),
and we have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final generie: letter. It is scheduled to be issued on __,199_
and is being transmitted to the Federal Register for publication.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Generic Letter i
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9[)fs # 32 0
- M 3 2- 2.
Supporting Statement PDR For I Proposed Rule Entitled
" Safeguards for Spent Nuclear Fuel or High-Level Radioactive Waste"
! (3150-0002,-0127,-0132)
Description of the Information Collection - Need for the Collection l The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for the safeguards of spent nuclear fuel or high level radioactive waste. This action is necessary to clarify the safeguards requirements for independent spent fuel storage installations (ISFSI), power reactors that have permanently ceased operations, Department of Energy (DOE) monitored retrievable storage (MRS) installations, and DOE's geologic repository operations areas (GROA). Currently, there are seven operating specific licensed ISFSIs. This action would not affect spent fuel stored at operating power reactor sites under a general license. However, it would reduce the
! regulatory uncertainty regarding the safeguards requirements for spent nuclear l fuel or high-level radioactive waste.
Specific sections of the proposed rule that could have a potential impact on information collection requirements are described below. The l proposed rule would result in no change in the information collection burden.
l' A. JUSTIFICATION Need for the Collection of Information.
l 173.51 Requirements for the ohysical orotection of stored soent fuel.
This proposed section is new. Paragraph (b)(1) of this section would require each applicant to establish and maintain a physical protection system.
- However, the submission of a physical protection plan for an ISFSI is already required under Part 72. Therefore, there would be no additional information collection burden.
Paragraph (c) of this section would continue two recordkeeping requirements: (1) retain a copy of the physical protection plan for 3 years
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or until termination of the license, and (2) retain copies of supe:seded material for 3 years after each change or until termination of the license.
However, these records are currently required by 973.70. Thus, there would be no additional recordkeeping burden.
Paragraph (d) would continue current recordkeeping requirements:
Paragraph (d)(5) would require written procedures for the security organization. However, these procedures are currently required by the applicable sections of Part 73.
Paragraph (d)(12) would require written procedures for cddressing ,
unauthorized penetration of or activities within the protected area. However, these procedures are currently required by the applicable sections of Part 73.
Paragrap5 (d)(15) would impose recordkeeping requirements for 3 years after the record is made or until termination of the license for the following records:
(i) A log of individuals granted access to the protected area; <
(ii) Screening records of individuals granted unescorted access to the protected area; (iii) A log of routine patrols; (iv) A record of each alarm received; and (v) The security program review reports.
However, these records are currently required by 173.70, 173.46, or Parts 10 and 11 (Please refer to Table'2).
173.71 Reportino of safeouards events.
The existing paragraphs (b)(1) and (c)(1) contain notification and recordkeeping requirements, respectively. Both paragraphs would be revised to include licensees subject to the provisions of $73.51. However, the burden for these requirements are currently accounted for under the applicable sections of Part 73.
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Aaency Use of Information.
The information to be submitted under 173.51 would be necessary so that NRC can review the information to ensure that the physical protection plan complies with the regulations and that adequate protection is being provided for the public health and safety. The notification requirements proposed under 873.71 are necessary so that NRC would be informed of any events, which would allow it to consider whether follow-up actions are needed. The recordkeeping requirements would allow NRC inspectors to review these records in order to ensure that licensees are complying with the physical protection requirements.
Reduction of Burden Throuah Information Technoloav.
NRC will seek to use efficient information technology in obtaining the requested information. For example, electronic copies of documents will be considered. There are no known legal obstacles to reducing the burden associated with this information collection through information technology.
Moreover, NRC encourages its use.
Effort to Identify Duplication.
The information requested in the proposed rule dces not duplicate information currently submitted to NRC. The Information Requirements Control Automated System (IRCAS) was searched for duplication, and none was found.
Effort to Use Similar Information.
The information collection in this proposed rule makes use of similar information t.o the maximum extent possible. Almost all of the information requested is already available to the licensee and can be easily modified for NRC's use. I i l i
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Effort to Reduce Small Business Burden.
This proposed rule would affect licensees that operate spent nuclear fuel storage facilities and the Department of Energy (DOE). Neither these licensees nor DOE would be considered small entities under the NRC's size standards.
Consequences of Less Frecuent Collection.
Less frequent collection of information would not allow NRC to determine whether the licensee's program is adequate for physical protection against radiological sabotage or ensuring adequate protection of the public health and safety.
Circumstances which Justify Variations from OMB Guidelines.
There are no variations from OMB guidelines.
Consultations Outside the NRC.
A mail survey was conducted of the seven current ISFSI licensees including those whose physical security oversight is the responsibility of the
- NRC's Office of Nuclear Material Safety and Safeguards, as well as those t! hose physical security oversight.is the responsibility of NRC's Office of Nuclear Reactor Ragulation. Also, telephone interviews of a selected subset of these licensees were supplemented by a review of the applicable physical protection license conditions.
1 Confidentiality of Information.
NRC provides no pledge of confidentiality for this information.
1 Justification for Sensitive Ouestions. '
l No sensitive questions are involved. l 4
l Estimated Annualized Cost to the Federal Government.
I There is no change in the annual information collection cost to the Federal government. Thus, there is no increase in this cost (please refer to Table 1).
Estimated Burden to Affected NRC Licensees.
There is no change in the annual information collection burden to affected NRC licensees either for reporting or recordkeeping requirements.
Thus, there is no increase in this burden (please refer to Table 2).
Reasons for Chance in Burden.
The NRC is proposing to consolidate requirements for the physical protection of stored spent nuclear fuel from different sections of the regulations for each storage mode into a single section in 10 CFR. This action would provide applicants (e.g., DOE) and licensees with requirements that are clear and commensurate with the threat of radiological sabotage.
Furthermore, this action would ensure a consistent level of physical protection for all modes of storage for spent nuclear fuel and high-level radioactive waste.
Publication for Statistical Use.
This information will not be published for statistical use. ;
B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS l l
l Not applicable.
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Table 1 l
Estimated Annual Cost to the Federal Government l
l Number of Hrs. per Total Cost responses response hours 0$133/hr l _________ ________ _____ ___________
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173.51(b)(1) l Review physical No net change protection plans
- 173.71 Review safeguards No net change events
- Total cost No increase in cost
- Currently, there are 7 ISFSI licensees.
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Table 2 1 Estimated Annual Burden to Affected NRC Licensees Number of Hrs. per Total Cost responses response hours 0$133/hr A. Imoact for Reoortino Requirements 173.71 Notify NRC of safeguards Burden is currently accounted for under the events applicable sections of Part 73.
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- Subtotal for reporting No increase in burden B. Imoact for Recordkeepina Requirements 173.51(b)(1)
Physical protection plan Burden is currently accounted for under the applicable sections of Part 73.
Il73.51(d)(5) and (d)(12)
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Written implementa- Burden is currently accounted for under the tion procedures applicable sections of Part 73.
E73.51(d)(6)
Document liaison with Burden is currently accounted for under the l response force or LLEA applicable sections of Part 73.
173.51(d)(15) l (1) Log of individuals Burden is currently accounted for under granted access 673.70.
(ii) Screening records Burden is currently accounted for under applicable sections of Parts 10 and 11.
Subtotal for No increase in burden r recordkeeping (this page) 7 l
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Table 2 (Continued)
Estimated Annual Burden to Affected NRC Licensees Number of Hrs. per Total Cost records records hours 9$133/hr B. Imnact for Recordkeepino Requirements (Continued) 573.51(d)(15)
(iii) Log of routine patrols Burden is currently accounted for under- l 173.70.
(iv) Record of alarms Burden is currently accounted for under 173.70.
(v) Reports of program Burden is currently accounted for under review 573.46.
173.71 Safeguards events Burden is currently accounted for under 573.70.
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Subtotal for recordkeeping No increase in burden (from part B)
Subtotal for reporting No increase in burden (from part A)
Total burden for reporting No increase in burden and recordkeeping (For NRC licensees) 8 L - - _ - - - - _ - - - - - - _ - - - - - - - - - - - - _ - - - - -
A F 32 - 2. A F 32- 2 l Pok PDR Recommended Revised Text to Statement of Consideration: To be reviewed by EQT p.17, Federal Register Notice, Revise text of paragraph on (d) to read as follows:
The introductory text of paragraph (d) has been revised to more clearly indicate the Commission's intent that attemative measures may also be available for meeting the provisions of section (d). For example, several questions arose during final rule development as to whether the use of a hardened and protected alarm station sited at an adjacent operating power reactor would meet the intent of paragraph 73.51(d)(3) to have a hardened alarm station within the PA of the ISFSI. Staff considers this to be an acceptable attemative measure for meeting this provision of the final rule. i i
Recommended Revised Introductory Text for 73.51(d): Previously 3 reviewed by EQT and approved and reviewed by R. Fonner and 1 approved.
(Patterned after 10 CFR 61.58)
(d) Physical protection systems, components, and procedures. A licensee shall comply with the following provisions as methods acceptable to NRC for meeting the performance capabilities of @73.51(b)(2). The Commission may, on a specific basis and upon request or on its own initiative, authorize other altemative measures for the protection of spent fuel and high-level radioactive waste subject to the requirements of this section, if after evaluation of the specific altemative measures, it finds reasonable assurance of compliance with the performance capabilities of paragraph (b)(2) of this section.
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