ML20247N639
| ML20247N639 | |
| Person / Time | |
|---|---|
| Issue date: | 02/03/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-54FR6876, RULE-PR-70, RULE-PR-74 NUDOCS 8906050410 | |
| Download: ML20247N639 (9) | |
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NUCLEAR REGULATORY COMMISSION 5
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U 10 CFR Parts 70 and 74 s
m Centralization of Material Control and Accounting Licensi..y. a Inspection Activities for Non-Reactor Facilities AGENCY: Nuclear Regulatory Comission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is amending its regulations to reflect a management action to centralize material control and accounting (MC&A)licensingandinspectionactivitiesinNRCHeadquarters,Rockville, Maryland, for non-reactor facilities.
Effective February 15, 1989 for affected facilities located in Regions I, III, and V, MC&A licensing reviews required by 10 CFR 70.32(c) and inspections will be performed by the Domestic Safeguards and Regional Oversight Branch, Division of Safeguards and Transportation.
Office of Nuclear Material Safety and Safeguards. The performance of these activities for facilities located in Region II will remain in Region II until further notice by the Comission. This action is necessary because the swell number of affected facilities in each region cannot support the full spectrum of knowledge, skills, and disciplines needed to conduct MC&A inspections.
EFFECTIVE DATE: February 15, 1989.
FOR FURTHER INFORMATION CONTACT: Dr. Stanley L. Dolins, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission, Washington, DC 20555 Telephone (301)492-3745 or Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555 Telephone (301)492-0478.
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U SUPPLEMENTARY INFORMATION:
Background
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On December 22, 1988, the Executive Director for Operations approved, I
with the concurrence of the Chairman, a phased centralization in NRC Headquarters, Rockville, _ Maryland, of MC&A activities for non-reactor facilities.
Affected are those non-reactor facilities required to maintain an MC&A program.
Nationwide, there are, at the present time, sixteen non-reactor facilities required to maintain MC&A programs and which are. subject to MC&A inspections (10 fuel cycle and 6 others). Transfer of these licensing and inspection.
activities from Regions I, III, and V to the Domestic Safeguards and Regional Oversight Branch, Division of Safeguards and Transportation, Office of Nuclear Mater'ial Safety and Safeguards is effective February 15, 1989 while the Region II MC&A inspection program and 10 CFR 70.32(c) licensing reviews will be phased into Headquarters through Region II staff attrition or over a-two-year period, whichever occurs first.
Region IV has no affected facilities.
This centralization for these functions is needed because the relatively small annual workload requirements for the NRC in the majority of Regions foreclose the possibility of maintaining within each Region a full spectrum of.
the knowledge, skills, and disciplines needed to perform MC&A inspections.
Centralization in NRC Headquarters will assure the maintenance of a viable and adequate nationwide MC&A inspection program for non-reactor facilities.
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f f-I These revisions, necessitated by the centralization, are administrative in nature. They change the NRC recipient office point of contact for' licensee reports, 6nd conform the regulation to track the responsibilities now assigned to the Director, Office of Nuclear Material Safety and Safeguards.
Because these are amendments dealing with minor matters of agency management and perscnnel, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C 553(b)(A). These amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature dealing with the centralization to Headquarters of licensing and inspection activities formerly conducted in the NRC Regional Offices.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action describedincategoricalexclusion10CFR51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
i Paperwork Reduction Act Statement i
1 This final rule does not contain a new or amended information collection j
requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval numbers 3150 - 0009 and 3150 - 0123.
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Backfit Analysis The backfit rule,10 CFR 50.109, does not apply to the facilities subject to this final rulemaking. Therefore, no backfit analysis has been prepared.
List of Subjects in 10 CFR Part 70:
Hazardous ma'terials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements,. Scientific equipment, Security measures, Special nuclear material.
Part 74: Accounting, Hazardous materials - transportation, Material control and accounting, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 70 and 74.
PART 70 - Domestic Licensing of Special Nuclear Material 1.
The authority citation for Part 70 continues to read in part as follows:
AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
2.
In 670.5, paragraph (b)(1) (vi) is added to read as follows:
670.5 Communications.
(b) *
(1)*
I (vi)Reviewspursuantto$70.32(c).
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3.
In 670.32, the introductory text of paragraph. (c)(2) and paragraph (c)(3) are revised to read as follows:
j 170.32 Conditions of licenses.
(c)
(2) The licensee shall maintain records of changes to the material control and accounting program made without prior Comission approval for a J
period of five years from the date of the change. Licensees located in Regions I, III, IV, and V as indicated in Appendix A of Part 73 of this chapter, shall furnish to the Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Comission, Washington, DC 20555, a report containing a description of each change within:
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(3) Licensees located within Region II, as indicated in Appendix A of Part 73 of this chapter, shall meet the provisions of paragraph (c)(2) of this l
l section except that, until further notice by the Comission, these licensees shall furnish the required report to the Regional Administrator, U.S. Nuclear l
Regulatory Comission,101 Marietta Street NW, Suite 2900. Atlanta, Georgia 30323 with a copy to the Director, Office of Nuclear Material Safety and l
Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
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In670.55, paragraph (c)(3)isrevisedtoreadasfollows.
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670.55 Inspections.
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(3) The licensee shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by the Regional Administrator or the Director, Office of Nuclear Material Safety and Safeguards, as likely to inspect the facility, immediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.
PART 74 - Material Control and Accounting of Special Nuclear Material 5.
The authority citation for Part 74 continues to read in part as follows:
AUTHORITY: Sec.161,68 Stat.948,asamended(42U.S.C.2201);sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841).
6.
In 174.13, the introductory text of paragraph (b) is revised to read as follows:
674.13 Material status reports.
(b) Each licensee subject to the requirements of $70.51(e) of this chaptershallsubmitareport,inaccordancewithparagraph(b)(1)or(b)(2) of this section, to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, except licensees located in Region II, as indicated in Appendix A of Part 73 of this chapter, shall submit their report to the Region II Regional Office until further notice by the Commission, within 30 calendar days after the start of each ending physical inventory required by 170.51(e)(3).
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In 674.17, paragraphs (a) and (b) are revised to read as follows:
674.17 Special nuclear material physical inventory summary report.
(a) Each licensee subject to the requirements of 674.31 shall subr.it a completed Special Nuclear Material Physical Inventory Sumary Report on NRC form 327 not later than 60 calendar days from the start of the physical inventory required by 574.31(c)(5) of this chapter. The licenisee shall report the inventory results by plant and total facility to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555, except licensees located in Region II as indicated in Appendix A to Part 73 of this chapter shall submit their report to the Region II Regional Office until further notice by the Comission.
1 (b)Eachlicenseesubjecttotherequirer.entsof570.51(e)cfthischapter shall submit a completed Special Nuclear Material Physical Inventory Summary Report on NRC form 327 not later than 30 calendar days from the start of the physical inventory required by $70.51(e)(3) of this chapter. The licensee shall report the inventory results by plant and total facility to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, except licensees located in Region II as indicated in Appendix A to Part 73 of this chapter shall submit their report to the Region II Regional Office until further notice by the Comission.
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In 674.57, the introductory text of paragraph (c) and paragraph (f)(2) are revised to read as follows:
674.57 Alarm resolution.
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(c)
Each licensee shall notify. the Domestic Safeguards and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of.
Nuclear Material Safety and Safeguards by telephone on (301) 492-0352, except licensees located in Region II as indicated in Appendix A to Part 73 of this chapter shall notify the Region II Regional Office until further notice by the Commission, of any MC&A alarin that remains unresolved beyond the time period specified for its resolution in the licensee's fundamental nuclear material control plan. Notification must occur within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> except when a holiday or weekend intervenes in which case the notification mu:;t occur on the next scheduled workday. The licensee may consider an alarm to be resolved if:
(f)
(2) Within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the licensee shall notify the Domestic Safeguards and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, except licensees located in Region II, as indicated in Appendix A to Part 73 of this chapter shall, until further notice by the Commission, notify the Region II Regional Office by telephone that an MC1A alarm resolution procedure has been initiated.
9, In 574.59, paragraph (f)(1)(iii) is revised to read as follows:
974.59 Quality assurance and accounting requirements.
(f)
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(iii)
Investigate and report to the Domestic Safeguards and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, except licensees located in Region II, as indicated in' Appendix A to Part 73 of this chapter, shall notify the Region II Regional Office until further notice by the Commission, of any difference that exceeds three times the standard deviation determined from the sequential analysis:
10.
In 674.81, paragraph (c)(3) is revised to read as follows:
$74.81 Inspections.
(c)
(3) The licensee shall afford any NRC resident inspector assigned to -
their site, or other NRC inspectors identified by the Regional Administrator or Director of the Office of Nuclear Material Safety and Safeguards as likely to inspect the facility, innediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.
1 Dated at Rockville, Maryland this day of 1989.
For the Nuclear Regulatory Commission, fW/Jf hb Vittor Ste1 M r.
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Executive Direct r Operations.
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