ML20134J739

Requests That When Proposed Rules Are Adopted & Published as Final Rules,Copy of as Published Rules Be Provided to NRC for Review.Comments on Proposed Transportation Regulations Encl

ML20134J739
Person / Time
Issue date:	11/08/1996
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Cardwell C TEXAS, STATE OF
Shared Package
ML20134J742	List: ML20134J739 ML20134K075 ML20134K087 ML20134K094
References
SP-96-027, SP-96-27, NUDOCS 9611180022
Download: ML20134J739 (6)

Text

'

@0V 8 1996 3

1 Ms. Cynthia C. Cardwell, Deputy Director Division of Licensing, Standards, and Registration Texas Department of Health l

1100 West 49th Street I

Austin, TX 78756-3189 Dear Ms. Cardwell; We have reviewed the proposed revisions to the Texas Transportation rules dated August 27,1996, which were received on September 10,1996. The proposed rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20 and 71.

Thomas J. O'Brien telephonically notified Ms. Monica Gonzales of our comments (as enclosed) on October 8,1996.

Under our current procedure, a finding that a rule meets the compatibility requirements may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rules were adopted incorporating the enciwed comments, and without other significant change, they would be compatibia c ilure to adopt three of a

our four comments would result in a finding that the rule is n.

npatible.

We request that when the proposed rules are adopted and published as final rules, a copy of the "as published" rules be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Recuest to Hiahlicht Chanaes to Aareement State aulations Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight

.e final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comments or any of the NRC rules used in the review, please contact me or Mr. Thomas O'Brien of my staff at (301) 415-2308.

Sincerely, OriginalSigned By:

PAUL H.LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated Distribution:

DlR RF (6S220) lDCD'(SPOS)"

RLBangart PDR'(YES X ^ NO

)

PLohaus

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SDroggitis TO'Brien FCameron Texas File

'See previous concurrence.

k DOCUMENT NAME: G:\\TJO\\ TEXAS 1. REG j

To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE OSP l

OSP:DD l

OGC OSP:D l

NAME TJO'Brien:maj/gd PHLohaus FXCameron RLBangart DATE 10/16/96*

10/17/96*

10/29/96*

11/08/96*

OSP FILE CODE: ; SP-AG-27 9611180022 961108 PDR STPRG ESGTX PDR 45 m

IRC RI.E CENTER COPY J

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Ms. Cynthia C. Cardwell, Deput Director

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Division of Licensing, Standards and Registration 2-i

-Texas Department of Health

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1100 West 49th Street l

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. Austin, TX 78756-3189 6

Dear Ms. Cardwell;.

yy We have reviewed the proposed re ions to the Texas Transportation rules dated

' August 27i 1996, and received by r6emorandum dated September 10,1996. The

. proposed rules were reviewed by con \\parison to the equivalent NRC regulations in 10 CFR i

Parts 20 and 71. Thomas J. O'Brien elephonically notified Ms. Monica Gonzales of our

' comments (as enclosed) on October 8,1996.

Under our current procedure, a finding t a rule meets the compatibility requirements I

s-l may only be made based on a review of final text of the rule. Vowever, we have

. determined that if the proposed rules wer adopted incorporating fne enclosed comments,

.i and without other significant change, they would be compatible, Failure to adopt three of I

our four comments ivould result in a findi 1

that the rule is not compatible.'

~ We request that when the proposed rules er adopted and published as final rules, a copy of the "as published". rules be provided to us review. As requested in our All.

Agreement States Letter SP-96-027,'"Reaues to Hiahlicht Chances to Aareement State P=dations mihmitted to NRC for Comoatibilit$ Review" (March 1,1996), please highlight the final chantes end send one copy in a comp er readable format, it possible.

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if you hab any questions regarding the commen or any of the NRC rules used in the

'd R."redew, please contact me or:Mr. Thomas O'Brien f my staff at (301) 415-2308.~

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Enclosure:

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Distnbution:

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DlR RF.(6S220).

DCD (SP08)

RLBangert 3

PDR (YES_X_ NO_)

PLohaus i'

SDroggitis.

TO'Brien '

q FCameron Texas File G:\\TJO\\ TEXAS 1. REG

'See previous c ncurrence.

i DOCUMENT NAME:

i

. To receive a copy of this document, indicate in the box:

"C" = C y without-I attachment / enclosure "E" = Copy with attachment / enclosure " s = No conQ OFFICE OSP l

OSP:DD l

OGC l\\

OM/ /1 NAME TJO'Brien:maj/gd PHLohaus FXCameron

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RLBanb4rf TW DATE 10/16/96*

10/17/96' 10/29/96*

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11/6/96 OSP FILE CODE: SP-AG-27 J

Cynthia C. Cardwell, Deputy Dir tor Division of Licensing, Standards, nd Registration Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Dear Ms. Cardwell; We have reviewed the proposed revisio s to the Texas Transportation rules dated August 27,1996, and received by memorandu dated September 10,1996. The proposed rules were reviewed by comparison to the equ valent NRC regulations in 10 CFR Parts 20 and

71. Thomas J. O'Brien telephonically no 'fied Ms. Monica Gonzales of c,ur comments (as enclosed) on October 8,1996.

Under our current procedure, a finding that rule meets the compatib;lity requirements may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rules were a opted incorporating the enclosed comments, and without other significant change, they w uld be compatible.

We request that when the proposed ru!es are opted and published as final rules, a copy of the "as published" rules be provided tu us fo review. As requested in our All Agreement States Letter SP-96 027, "RfdW3 fat _ Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for ComoetlpMy Review" (March 1,1996), please highlight the final changes and send one copy in a c1mpet r readable format,if possible.

If you have any questions regarding the comirents r any of the NRC rules used in the review, please contact me or Mr. Thomas O'ade, o my staff at (301) 415 2308.

Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated Distribution:

DlR RF DCD (SP08)

RLBangart PDR (YES_X_ NO,__)

PLohaus SDroggitis TO'Brien Texas File DOCUMENT NAME: G:\\tjo\\ texas. reg To r6ceive a copy of this document, indicate in ;he box: "C" = Copy w\\No copy ithout attachment / enclosure "E" = Copy with attaphlment/enclosurp "N"=

OFFICE OSP OSP $fLl

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OSP:D l

NAME TJO'Brien:md[l4)

PHLohais '/ U T FXdameron RLBangart DATE 10/f(,/96 10/ 796 10@r96

\\ 10/ /96 OS ' FILE CODE: SP-Ac c 27

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UNITED STATES s

j NUCLEAR REGULATORY COMMISSION wAsHWGToN, D.C. 30506 4 01 a

November 8, 1996 1

3 1

i Ms. Cynthis C. Cardwell, Deputy Director i

Division of Licensing, Stendards, and Registration l

Texas Department of Health j

1100 West 49th St.oet j

}

Austin, TX 78756 3189

)

i

Dear Ms. Cerdwel!:

i l

We have reviewed the proposed revisions to the Texas Transportation rules dated l

August 27,~ 1996, which were received on September 10,1996. The proposed rules were i

reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 20 and 71.

i j

Thomas J. O'Brien telephonically notified Ms. Monica Gonzales of our comments (as j

i, enclosed) on October 8,1996.

l Under our current procedure, a finding that a rule meets the compatibility requirements j

may only be made based on a review of the final text of the rule. However, we have determined that if the proposed rules were adopted incorporating the enclosed comments, and without other significant change, they would be compatible. Failure to adopt three of our four comments would result in a finding that the rule is not compatible.

We request that when the proposed rules are adopted and published as final rules, a copy i

)

of the "as published" rules be provided to us for review. As requested in our All i

Agreement States Letter SP-96-027, "Reanant to Hiahlicht Channes to Anreement State Raoulations Submitted to NRC for Comnatibility Review" (March 1,1996), please highlight i

the final changes and send one copy in a computer readable format, if possible.

i

}

if you have any questions regarding the comments or any of the NRC rules used in the j

review, please contact me or Mr. Thomas O'Brien of my staff at (301) 415-2308.

wcw Paul H. Lohaus, Deputy Director j

Office of State Programs l

Enclosure:

As stated 4

h

COMMENTS ON PROPOSED TRANSPORTATION REGULATIONS Section Comments 289.201(b)(97)

NRC no longer uses " transport groups" in our regulations and has no definition for "special form".

However, "special form radioactive material" is defined in your section 289.257(b)(30) and is compatible with that in 10 CFR 71.4. Although not required for compatibility with NRC regulations, we strongly recommend that you delete the additional obsolete "special form" definition to avoid confusion and consider deleting the term " transport groups."

289.257 This section is not compatible as it does not include the requirements for nuclear waste shipments as specified in 10 CFR 71.97 (a Division 2 item of compatibility).

289.257(d)(23)(B)

This definition is not essentially identical to the NRC definition for a Type B package in 10 CFR 71.4 (a Division 1 item of compatibility) and therefore is not compatible.

289.257(k)(1)

This section does not include the Type B package mouirement specified in 10 CFR 71.91(a)(7) (a Division i item of compatibility) which would need to be added tn be compatible.

2-PE 6CO J

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EXECUTIVE TASK MANAGEMENT SYSTEM

<<< PRINT SCREEN UPDATE FORM >>>

TASK # - 6S220 DATE- 08/28/96 MAIL CTRL. - 1996

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TASK STARTED - 08/28/96 TASK DUE - 10/09/96 TASK COMPLETED -

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jo TASK DESCRIPTION - TEXAS TRANSPORTATION DRAFT R ES FOR COMMENT (8/26/96 E-MAIL TO P. LOHAUS FROM M. GONZALEZ) i REQUESTING OFF. - TX REQUESTER - M. GONZALEZ WITS -

0 FYP - N PROG.- TJO PERSON -

STAFF LEAD - TJO PROG. AREA -

PROJECT STATUS -

TX DUE DATE:

10/11/96

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8/28/96 P. LARKINS E-MAILED MS. GONZALEZ TO PROVIDE l

PLANNED ACC. -N OSP A COPY OF THE DRAFT RULES b

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LEVEL CODE -

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