ML23151A709

PR-070,074 - 55FR05978 - Centralization of Material Control and Accounting Licensing and Inspection Activities for Nonreactor Facilities

ML23151A709
Person / Time
Issue date:	02/08/1990
From:	Taylor J NRC/EDO
To:
References
55FR05978, PR-070, PR-074
Download: ML23151A709 (1)

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DOCUMENT DATE:

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ADAMS Template: SECY-067 PR-070,074 - 55FR05978 - CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTION ACTIVITIES FOR NONREACTOR FACILITIES PR-070,074 55FR05978 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

PAGE 1 OF 2 STATUS OF RULEMAKING RECORD 1 OF 1

PROPOSED RULE:

PR-070 & 074 OPEN ITEM (Y/N) N RULE NAME:

CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND I NSPECTION ACTIVITIES FOR NONREACTOR FACILITIES PROPOSED RULE FED REG CITE:

55FR05978 PROPOSED RULE PUBLICATION DATE:

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NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS:

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EXTENSION DATE:

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0 FINAL RULE FED. REG. CITE: 55FR05978 FINAL RULE PUBLICATION DATE: 02/21/90 NOTES ON: PUBLISHED AS A FINAL RULE.

TATUS RULE FILE LOCATED ON Pl.

PRESS PAGE DOWN OR ENTER TO SEE RULE HISTORY OR STAFF CONTACT PRESS ESC TO SEE ADDITIONAL RULES, (E) TO EDIT OR (S) TO STOP DISPLAY PAGE 2 OF* 2 HISTORY OF THE RULE PART AFFECTED: PR-070 & 074 RULE TITLE:

AROPOSED RULE

~ECY PAPER:

CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTI ON ACTIVITIES FOR NONREACTOR FACILITIES PROPOSED RULE SRM DATE:

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DATE PROPOSED RULE SIGNED BY SECRETARY:

DATE FINAL RULE I

I FINAL RULE SECY PAPER:

FINAL RULE SRM DATE:

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SIGNED BY SECRETARY:

02/08/90 STAFF CONTACTS ON THE RULE CONTACTl: DR. STANLEY L. DOLINS CONTACT2:

MAIL STOP:

MAIL STOP:

PHONE: 492 - 3745

DOCKET NO. PR-070 & 074 (55FR05978)

In the Matter of CENTRALIZATION OF MATERIAL CONTROL AND ACCOUNTING LICENSING AND INSPECTION ACTIVITIES FOR NONREACTOR FACILITIES DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 02/14/90 02/08/90 FEDERAL REGISTER NOTICE - FINAL RULE PUBLISHED 2/21/90.

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PROPOSED RULE 7 O,,_,~

(55fl<.5Cf7Q ister e mcYh't!.1 7/-em -

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COCri[TED USNHC

• 90 FEB 14 p 3 :s 7 NUCLEAR REGULATORY COMMISSION 10 CFR Parts 70 and 74 RIN:

3150 - AD47 Centralization of Material Control and Accounting Licensing and Inspection Activities for Nonreactor Facilities AGENCY:

Nuclear Regulatory Commission ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Co11111ission (NRC) is amending its regulations to reflect a management action to centralize material control and accounting (MC&A) licensing and inspection activities in NRC Headquarters, Rockville, Maryland, for nonreactor facilities. Effective February 21, 1990, for affected facilities located in Region II, 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. This action is necessary because the small number of affected facilities in Region II cannot support within Region II the full spectrum of knowledge, skills, and disciplines needed to conduct MC&A inspections.

(The centralization of these functions for Regions I, III, and V became effective on February 15, 1989.

Region IV has no affected facilities.)

EFFECTIVE DATE:

February 21, 1990.

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FOR FURTHER INFORMATION CONTACT:

Dr. Stanley L. Dolins, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, telephone (301) 492-3745 or Ms. Rocio Castaneira, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory C0111T1ission, Washington, D.C. 20555, telephone (301) 492-0392.

• SUPPLEMENTARY INFORMATION:

Background

On December 22, 1988, The Executive Director for Operations approved, with the concurrence of the Chairman, a phased centralization in NRC Headquarters, Rockville, Maryland, of MC&A activities for nonreactor facilities. Affected are those nonreactor facilities required to maintain an MC&A program.

Nation-wide, there are, at the present time, 16 nonreactor facilities required to maintain MC&A programs and subject to MC&A inspections. Transfer of these licensing and inspection functions from Regions I, III, and V to the Domestic Safeguards and Regional Oversight Branch, Division of Safeguards and Trans-portation, Office of Nuclear Material Safe~y and Safeguards was effective on February 15, 1989.

To complete the phased centralization, transfer of these licensing and inspection functions from Region II was to take place through attrition ur over a period of 2 years, whichever camt first. Region IV has no affected facilities. Subsequently, Region II has requested that we proceed with the final phase of this centralization and transfer the MC&A functions currently in R~gion II to headquarters earlier on instead of waiting for the 2-year period to expire.

The Office of Nuclear Material Safety and Safeguards has agreed to the transfer and established February 21, 1990, as the effective 2

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date.

The centralization for these functions is needed because the relatively small annudl workload requirements for the NRC in Region II cannot continue to support within Region II a full spectrum of the knowledge, skills, and disciplines needed to perform MC&A inspections. Completion of the final phase of this centralization in NRC headquarters will ensure the continued maintenance of a viable and adequate nationwide MC&A inspection program for nonreactor facilities.

These revisions, necessitated by the completion of this phased centralization, are administrative in nature. They change the NRC recipient office point of contact for licensee reports from Region II to NRC headquarters and confonn the regulation to track the responsibilities now assigned to the Director, Office of Nuclear Material Safety and Safeguards.

Because these are amendments dealing with a minor matter of agency management and personnel, 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 amend-ments are of a minor administrativ~ nature dealing with the completion of the phased centralization to headquarters of licensing and inspection activities formerly conducted in the NRC Region II office.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action descr1bed in categorical exclusion 10 CFR 51.22(c){2). Therefore, neither an environmental 3

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impact stat~ment nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule does not coritain a new infonnation collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Existing r~quirements were approved by the Office of Management and Budget with approval numbers 3150-0009 and 3150-0123.

Backfit Analysis This 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 Parts 70 and 74 Part 70:

Criminal penalties, Hazardous materials transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and rtcorclkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 74: Accounting, Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.

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For the reasons set out 1n the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the E11ergy 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 fol lows:

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§ 70.32, the introductory text of paragraph (c)(2) is revised and paragraph (c)(3) is removed to read as follows:

§ 70.32 Conditions of licenses.

( c) * * *

(2)

The licensee shall maintain records of changes to the material control and accounting program made without prior Commission approval for a period of 5 years from the date of the change.

Licensee~ located in all five Regions 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 Corrmission, Washington, D.C. 20555, a report containing a description of each change within:

3. In§ 70.55, pardgraph (c)(3) is revised to read as follows:

§ 70.55 Inspections.

(c) * *

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(3)

The licensee shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by tht 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 - Mater1a l Contra l and Accounting of Special Nuclear Material

4.

The author1ty citation for Part 74 continues to read in part as fol lows:

AUTHORITY:

Sec. 161, 68 Stat. 948, as amended {42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amend~d {42 U.S.C. 5841).

5. In§ 74.13, the introductory text of paragraph {b) is revised to read as follows:

§ 74.13 Material status reports.

{b)

Each licensee subject to the requirements of§ 70.51{e) of this chapter shall submit a report, in accordance with paragraph {b)(l) or (b)(2) of this s~ction, to the Director, Office of Nuclear Material Safety and Safe-guards, U.S. Nuclear Regulatory Cormnssion, Washington, DC 20555 within 30 calendar days after ~he start of each ending physical 1nventory required by

§ 70.51(e){3).

6. In§ 74.17, paragraphs {a) and (b} are revised to read as follows:

§ 74.17 Spec1al nuclear material physical inventory summary report.

{a)

Each licensee subject to the requ1rements of§ 74.31 shall submit a completed Special Nuclear Material Physical Inventory Sunmary Report on NRC 6

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Fonn 327 not later than 60 calendar days from the start of the physical

_ inventory required by§ 74.31(c)(5) of this chapter.

The licensee shall report the inventory rtsults by plant and total facility to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory CoD11lission, Washington DC 20555.

(b) Each licensee subject to the requirements of§- 70.51(e) of thfs chapter shall submit a completed Special Nuclear Material Physical Inventory Surrmary Report on NRC Form 327 not later than 30 calendar days from the start of the physical inventory required by§ 70.5l(e){3) of this chapter. The licensee shdll report the inventory results by pldnt and total facility to the D1rector 1 Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulator¥ Commission, Washington, DC 20555.

7. In§ 74.57, the introductory text of paragraph (c) and paragraph (f)(2) are revised to rec1d as follows:

§ 74.57 Alarm resolution *

(c) Each licensee sha11 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) 492-3379 of any MC&A alarm 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 1nterven~s in which case the notification must occur on the next scheduled workdd.Y.

The licensee may consider dn alarm to be resolved 1f:

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(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 Safegudrds and R~gfonal Overs1ght Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards by telephone on {301) 492-3379 that an MC&A dlarm resolution procedure has been initiated.

8. In§ 74.59, paragraph {f)(l)(ii1) is revised to read as follows:

§ 74.59 Quality assurance and accounting requirements.

(f) * * *

(1) * * *

(111)

Investigate and report to the Domestic Licensing and Regional Oversight Branch of the Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards any difference that exceeds three times the standard deviation deternnned from the sequential analysis;

9.

In § 74.81, paragrdph (c}(3) is revised to read as follows:

§ 74.81 Inspections.

(c) * * *

(3} The 1i censee shdll afford any rmc resident inspector ass1gned to their site, or other NRC inspecto.rs identified by the Director of the Office of NuclE::ar Material Safety and Safeguards as likely to inspect the facility, 1~d1ate-urifettered access, equivalent to access provided regular plant 8

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employees, following proper identification and compliance with applicable access control measures for secur1ty, radiological protection, and personal safety.

Dated at Rockville, Maryland this 8th day of February, 1990.

For the Nuclear Regulatory Commission

• for Operations 9