ML20155D194

Forwards Direct Final Rule & Companion Proposed Rule for Publication in Fr.Direct Final Rule Has Effective Date of 981112.Companion Proposed Rule Should Be Subj to 30 Day Comment Period

ML20155D194
Person / Time
Issue date:	09/04/1998
From:	Sherr T NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20155D105	List: ML20155D100 ML20155D123 ML20155D149 ML20155D194
References
FRN-63FR49413, RULE-PR-73 AG-2-4, AG00-2-004, NUDOCS 9811030149
Download: ML20155D194 (17)

Text

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%,***** ,o September 4, 1998 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM: Theodore S. Sherr, Chief m N_

Regulatory and International Safeguards Branch Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards

SUBJECT:

IMPLEMENTATION OF EDO ACTION - CORRECTION TO 10 CFR 73.51, " PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE"-

DIRECT FINAL RULE By signature dated August 26,1998, the Executive Director for Operations (EDO) approved the subject direct final rule, and a companion proposed rule, for publication in the Federal Register.

Please implement the EDO's action by arranging for publication of the attached direct final rule and companion proposed rule in the Federal Register. The direct final rule has an effective date of November 12,1998. The companion proposed rule should be subject to a 30-day public comment period.

Also attached is a Congressionalletter package for transmittal to the Office of Congressional Affairs. No public announcement has been prepared for this action and a daily staff notes item has been submitted.

Attachments:

1. Signed Direct Final Rule EB Notice and 12 Copies

2. Signed Companion Proposed Rule E8 Notice and 12 Copies 3 Congressional Letter Package

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. September 4, 1998 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM: Theodore S. Sherr, Chief Regulatory and international Safeguards Branch Division of Fuel Cycle Safety and Safeguards Office of Nuclear Matsrial Safety and Safeguards

SUBJECT:

IMPLEMENTATION OF EDO ACTION - CORRECTION TO 10 CFR 73.51, " PHYSICAL PROTECTION FOR SFENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE" -

DIRECT FINAL RULE By signature dated August 26,1998, the Executive Director for Operations (EDO) approved the subject direct final rule, and a companion proposed rule, for publication in the Federal Register.

Please implement the EDO's action by arranging for publication of the attached direct final rule and companion proposed rule in the Eederal Register. The direct final rule has an effective date of November 12,1998. The companion proposed rule should be subject to a 30-day public comment period.

Also attached is a Congressional letter package for transmittal to the Office of Congressional Affairs. No public announcement has been prepared for this action and a daily staff notes item has been submitted.

Attachments:

1. Signed Direct Final Rule B Notice and 12 Copies

2. Signed Companion Proposed Rule B Notice and 12 Copies

3. Congressional Letter Package DISTRIBUTION: '

RDS r/f P. Holahan, IMNS/NMSS FRIB r/f J. Kotra, DWM/NMSS G{ADWeyer.Mem n OFC FRIB FRIQ h FRI NAME PDwyer:jh I L b DATE 9h /98 9h/98 9/[/98 C = COVER E = COVER & ENCLOSURE / N = NO COPY OFFICIAL RECORD COPY t

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ATTACHMENT 1 l

Signed Direct Final Rule Feceral Register Notice

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[7590-01-P]

NUCLEAR REGULATORY COMMISSION 1

10 CFR PART 73 '

RIN: 3150-AG00 PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGENCY: Nuclear Regulatory Comrnission.

ACTION: Direct final rule.

SUMMARY

The Nuclear Regulatory ' Commission is amending its regulations concerning the physical protection of spent nuclear 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 correct the inappropriate inclusion of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

EFFECTIVE DATE: The final rule is effective November 12,1998, unless significant adverse comment is received by (30 days after publication in the Federal Register). If the effective date is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings 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 website through the NRC home page (http://www.nrc. gov). From the home page, select "Rulemaking" from the tool bar. The interactive rulemaking website can then be accessed by selecting "New Rulemaking Website." This site provides the ability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905, e-ma!! cag@nrc. gov.

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Copies of any comments received may be examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-8110, e-mail pad @nrc. gov.

SUPPLEMENTARY INFORMATION:

Because NRC considers this action noncontroversial, the NRC is publishing it in final form while concurrently seeking public comment on the amendment in a proposed rule. This action will become effective on November 12,1998. However, if the NRC receives significant adverse comment by (30 days after publication in the Federal Register), the NRC will publish a notice that withdraws this action, and will address comment received in response to the requested revision which has been proposed for approval and is being concurrently published in the proposed rule section of this Federal Register. Any significant adverse comment will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action.

Background

The purpose of this amendment to 10 CFR 73.51, " Physical Protection for Spent Fuel and High-Level Radioactive Waste" and, specifically, paragraph (d)(11), is to delete surveillance / assessment and illumination systems from the requirement for tamper indication and line supervision. These types of systems were added to this particular portion of the regulation in error and it is not the intent of the NRC that affected licensees provide tamper indication or line supervision for required surveillance / assessment and illumination systems.

This protection is not needed because these systems are considered "self-protecting," i.e.,

tampering produces an obvious loss of function rather than an unobvious degradation. The requirement for surveillance / assessment and illumination systems to be maintained in operable condition remains unchanged. This rulemaking also supersedes guidance found in the Statement of Consideration of the Federal Register Notice for the Physical Protection for Spent 2

- . . - . . ~ - . . - - . . - - - - . - . - . . ..

Fuel and High-Level Radioactive Waste (May 15,1998,63 FR 26955). On page 26960, under the section-by section comparison of the proposed versus final rule, the discussion regarding i proposed section 73.51(d)(13), revised as section (d)(11), is amended to be consistent with the i corrective text of this rulemaking. I l

l Environmental Impact: Categorical Exclusion The Commission has determined that this final rule is the type of action descibed in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact l statement nor an environmental assessment has been prepared for this final rule. l l

l Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0002.

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

Regulatory Analysis A regulatory analysis has not been prepared for this Direct Final Rule because this rule is corrective in nature and is considered a minor, nonsubstantive amendment; it has no economic impact on NRC licensees or the public.

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i Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1989,5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant impact upon a substantial number of small entities. The regulation affects entities licensed to operate independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. These entities do not fall within the definition of small entities.

Backfit Analysis The NRC has determined that the backfit rule does not apply to this rule and, therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I.

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l Small Business Regulatory Enforcement Fairness Act l l

In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination j with the Office of Information and Regulatory Affairs of OMB. l List of Subjects 10 CFR Part 73 Criminal penalties, Hazardous materials transportaion, Export, import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

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 final amendment to 10 CFR Part 73.

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.. ._ - . -. .-. . . - - . - - _ - - . . . _ _ . . _ _ - . - . -_.= -

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

1. The authority citation for Part 73 continues to read as follows:

AUTHORITY: Secs. 53,161,68 Stat. 930,948, as amended, sec.147,94 Stat. 780 l (42 U.S.C. 2073,2167,2201); sec. 201, as amended,204,88 Stat.1242, as amended,1245, l sec.1701,106 Stat. 2951,2952,2953 (42 U.S.C. 5841,5844,2297f).

Section 73.1 also issued under secs. 135,141, Pub. L.97-425,96 Stat. 2232,2241 (42 U.S.C,10155,10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, l 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99 399, l

l 100 Stat. 876 (42 U.S.C. 2169).

l

2. Section 73.51(d)(11)is revised to read as follows:

73.51 Reauirements for the ohvsical orotection of stored scent nuclear fuel and hiah-level radioactive waste.

(d)

(11) All detection systems and supporting subsystems must be tamper indicating with line supervision. These systems, as well as surveillance / assessment and illumination systems, must be maintained in operable condition. Timely compensatory measures must be taken after discovery of inoperability, to assure that the effectiveness of the of the security system is not reduced.

A Dated at Rockville, Maryland, this M day of August,1998.

For the Nuclear Regulatory Commission.

L. Josep, C llan, Executive' irector for Operations i

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ATTACHMENT 2 Signed Companion Proposed Rule Federal Register Notice t

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[7590-01-P)

NUCLEAR REGULATORY COMMISSION 10 CFR PART 73 RIN: 3150-AG00 PHYSICAL PROTECTION FOR SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE: TECHNICAL AMENDMENT AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is proposing to amend its regulations concerning physical protection of spent nuclear 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 correct the inappropriate inclusion of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

DATES: Comments on the proposed rule must be received on or before (insert 30 days after publication in the Federal Register).

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff.

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

Copies of any comments received may be examined at the NRC Public Document Room 2120 L Street NW (Lower Level), Washington, D.C.

You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http://www.nrc. gov). From the home page, select "Rulemaking" from the

. tool bar. The interactive rulemaking website can then be accessed by selecting "New Rulemaking Website." The site provides the ability to upload comments as files (any format), if your web browser supports that function. For information about the interactive ru!emaking l website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail cag@nrc. gov.

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> 1 FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, Office of Nuclear l Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-l l 0001, telephone (301) 415-8110, e mail pad @nrc. gov.

SUPPLEMENTARY INFORMATION: l l

l l For additionalinformation see the D;r%t Final Rule published in the Rules and Regulations section of this Federal Register.

. Because NRC considers this action noncontroversial, we are publishing this proposed l

l rule concurrently as a direct final rule. The direct final rule will become effective on November 12,1998. However, if the NRC receives significant adverse comment on the direct final rule by (insert 30 days after publication in the Federal Register), then the NRC will publish a notice that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to the proposed revision in a subsequent final rule.

The NRC will not initiate a second comment period for this action in the event the direct final

, rule is withdrawn.

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Environmental Impact: Categorical Exclusion The Commission has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement l

This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0002.

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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 A regulatory analysis has not been prepared for this proposed rule because this 1ule is considered corrective in nature and a minor, nonsubstantive amendment; it has no adverse economic impact on NRC licensees or the public.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1989,5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant impact upon a substantial number of small entities. The regulation would affect entities licensed to operate independent spent fuel storage

installations, monitored-retrievable storage installations, and geologic repository operations areas. These entities do not fall within the definition of small entities.

Backfit Analysis The NRC has determined that t,he backfit rule does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter I.

List of Subjects 10 CFR Part 73 Criminal penalties, Hazardous materials transportation, Export, import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

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= _. - . - -_ - - . - - - . . . ._

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 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

1. The authority citation for Part 73 continues to read as follows:

AUTHORITY: Secs. 53,161,68 Stat. 930,948, as amended, sec.147,94 Stat. 780 (42 U.S.C. 2073,2167,2201); sec. 201, as amended,204,88 Stat.1242, as amended,1245, sec.1701,106 Stat. 2951,2952,2953 (42 U.S.C. 5841,5844,2297f).

Section 73.1 also issued under secs. 135,141, Pub. L.97-425, 96 Stat. 2232. 2241 (42 U.S.C,10155,10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295.

94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).

2. Section 73.51(d)(11)is revised to read as follows:

@ 73.51 Reauirements for the ohvsical orotection of stored soent nuclear fuel and hiah-level radioactive waste.

(d)

(11) All detection systems and supporting subsystems must be tamper indicating with line supervision. These systems, as well as surveillance / assessment and illumination systems, must be maintained in operable condition. Timely compensatory measures must be taken after discovery of inoperability, to assure that the effectiveness of the of the security system is not reduced.

Dated at Rockville, Maryland, this M day of August,1998.

For the Nuclear Regulatory Commission.

. im m L. Jo hph Callan, Executive Director for Operations.

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1 ATTACHMENT 3 Congressional Letter Package I r

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pn Mauq O t UNITED STATES y g NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 205SMK01 Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175,441 G Street, N. W.

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 is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository '

I operations areas. The amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supen/ision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the same date that 10 CFR 73.51 is effective.

l Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment period. If significant adverse public comment is received, the direct final rule will be l withdrawn and the comments will be addressed in a subsequent final rule.

We have determined that this action 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 Sincerely, l

l l

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

Enclosures:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice -

Companion Proposed Rule l

l l

M r Pe.,uu Murphy General Counsel General Accounang Office Room 7175,441 G Street, N. W.

Washington, DC 20548

Dear Mr. Murphy:

Pursuar' to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, l 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, ' Physical Protection for Spent Nuclear Fuel and Hij 5-Level Radioactive Waste."

The direct final rule will implement a minor correction to 10 CFR i' 51. This rule was published l May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for l protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository l operations areas. The amendment is necessary to correct the inappropriate placement of l

surveillance / assessment and illumination systems within the requirement for tamper indication l and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the l same date that 10 CFR 73.51 is effective.

Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public l comment period. If significant adverse public comment is received, the direct final rule will be i withdrawn and the comments wiD be addressed in a subsequent final rule.

We have determined that this action is not a " major rule," as defined in 5 U.S.C. 804(2). We l have confirmed this determination with the Office of Management and Budget

Enclosures:

, 1. Federal Register Notice -

l Direct Final Rule

2. Federal Register. Notice - Sincerely, Companion Proposed Rule Dennis K. Rathbun, Director Office of Congressional Affairs DISTRIBUTION:

FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r,7 NRC File Center OGC RDB/ADM Chairman Jackson Commissioner Diaz Commissioner McGaffigan l G:\lSFSI.RLE\DFRSBRFA *see previous concurrence OFC FRIB E FRIB FRIB FCSS FCSS NMSS NMSS OCA l NAME PDwyerih* LRoche' TSherr* Ew eseek EOTen Eyck* MKnapo* CPapenello* ORathbun DOTE 8/13/98 6/14/98 8/14/98 / /98 A/17/98 8/19/98 8/19/98 / 19 8 l C = COVER E = COVER & ENCLOSURE N = NO COPY

! OFFICIAL RECORD COPY

5p reg %

/s 4 UNITED STATES NUCLEAR REGULATORY COMMISSION f WASH!NGTON, D.C. 2055W1

%,.....f The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste "

The direct final rule willimplement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the same date that 10 CFR 73.51 is effective.

Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment period. If significant adverse public comment is received, the direct final rule will be withdrawn and the comments will be addiessed in a subsequent final ru!e.

We have determined that this action 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 Uudget Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice -

Companion Proposed Rule

The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

l Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published )

l May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for ,

protecting spent nuc! ear fuel and high-level radioactive waste stored at independent spent fuel '

storage installa* monitored-retrievable storage installations, and geologic repository operations area; i ne amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the l same date that 10 CFR 73.51 is effective.

Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment penod. If significant adverse public comment is received, the direct final rule will be withdrawn and the comments will be addressed in a subsequent final rule.

We have determined that this action 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

Enclosures:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice - Sincerely, Companion Proposed Rule Dennis K. Rathbun, Director Office of Congressional Affairs l

DISTRIBUTION:

FRIB r# NMSS r/f FCSS r/f NMSS Dir Office r#

RDS r/f Central file OGC RDB/ADM l Chairman Acpn Commissioner Diaz Commissioner McGaffigan l

G:\lSFSt.RLE\DFRSBRFA see prevous concurrence OFC FRIP. E FRIB FRIB FCSS FCSS NMSS NMSS OCA NAME PDwyer Jh* LRochs* TSherr* N EOTsn Eyck* MKnapp* CPapeneHo* DRathbun DATE 8/13/98 8/14/98 8/14/98 / /98 8/17/98 8/19/98 8/19/98 / /98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

J pa ctouq 3" t UNITED STATES e o NUCLEAR REGULATORY COMMISSION f WASHINGTON, D.C. 20565-0001

%*****/

The Honorable Newt Gingrich Speaker of the United States House l of Representatives l Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Federal Reaister (63 FR 26955).10 CFR 73.51 codifies standards for protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The amendment is necessary to correct the inappropriate placement of sr.rveillance/ assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on November 12,1998 - the Mme date that 10 CFR 73.51 is effective.

Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment period. If significant adverse public comment is received, the direct final rule will be withdrawn and the comments will be addressed in a subsequent fina! rule.

We have determined that this action 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 Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice -

Companion Proposed Rule

1 i, The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission is submitting a direct final rule amending 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

The direct final rule will implement a minor correction to 10 CFR 73.51. This rule was published May 15,1998 in the Eederal Register (63 F R 26955).10 CFR 73.51 codifies standards for protecting spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The amendment is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision. There is no anticipated impact to affected licensees other than eliminating an unintended requirement. The correction will become effective on Noverr.aer 12,1998 - the same date that 10 CFR 73.51 is effective.

Accordingly, attached is a copy of the direct final rule along with a companion proposed rule.

The proposed rule will be issued concurrently with the direct final rule and have a 30-day public comment period. If significant adverse public comment is received, the direct final rule will be withdrawn and the comments will be addressed in a subsequent final rule.

We have determined that this action is not a " major rule," as defined in 5 U.S.C. 804(2). We have confirmed thi- determination with the Office of Management and Budget Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice -

Companion Proposed Rule DISTRIBUTION:

FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f NRC File Center OGC RDB/ADM Chairman Jackson Commissioner Diaz Commissioner McGaffigan GAISI-St.RLE\DFRSBRFA see previous concurrence OFC FRIB E FRIB FRIB FCSS FCSS NMSS NMSS OCA NAME PDwyer ;h* LRochd* TSherr a N EQTen Eyck* M Knapp* CPapenello' ORathbun DATE 8/13/98 8/14/93 8/14/98 / /98 8/17/98 8/19/98 8/19/98 / 19 8 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

2Katog g bi UNITED STATES l

• ij NUCLEAR REGULATORY COMMISSION I

, t WASHINGTON. D.C. 20555-0001 l

%...../ l 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 Nuclear Regulatory Commission has sent to the Office of the Federal Register, for l publication, the en:losed direct final rule to amend 10 CFR 73.51, " Physical Protection for l Spent Nuclear Fuel and High-Level Radioactive Waste."

This direct final rule amends a final rule appearing in the FedREal R9e'ister on May 15,1998, (63 FR 26955) that clarifies physical protection requirements 'or spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The action is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

This action is concurrently being issued as a proposed rule and will be subject to a 30-day public comr. lent period. If significant adverse comment is received, the direct final rule will be withdrawn and the comment addressed in a subsequent final rule.

Sincerely.

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Ralph Hall

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

Dear Mr. Chairman:

j l

The Nuclear Regulatory Commission has sent to the Office of the Federal Register, for l publication, the enclosed direct final rule to amend 10 CFR 73.51, " Physical Protection for  !

, Spent Nuclear Fuel and High-Lesel Radioactive Waste."

l l \

l This direct final rule amends a final rule appearing in the Federal Reoister on May 15,1998, (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations, monitored-l retrievable storage installations, and geologic repository operations areas. The action is l necessary to correct the inappropriate placement of surveillance / assessment and illumination l

systems within the requirement for tamper indication and line supervision, j i

This action is concurrently being issued as a proposed rule and will be subject to a 30-day  ;

pubiic comment period. If significant adverse comment is received, the direct final rule will be l withdrawn and the comment addressed in a subsequent final rule.  :

I Sincerely, 1

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Ralph Hall Identical letters sent to: Senator James M. Inhofe SencSr Bob Graham DISTRIBUTION:

FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f NRC File Center GAisfsl.rle\conglet.dfr

• see previous concurrence OFC FRIB E FRIB FRIB FCSS FCSS NMSS NMSS OCA NAME POwyerih* LRoche' TSherr* E44*eeh EQTen Eyck' M Knapp* CPapenello* ORathbun l DATE 8/13/98 8/14/98 8/14/98 / /98 8/17/98 8/19/98 8/19/98 / /98 l C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

. _ _ . - . - . . __ ~.

I"$go secg & UNITED STATES g g NUCLEAR REGULATORY COMMISSION o

• WASHINGTON, D.C. 20556 4 001 4 ,o 4*****

The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private l Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed direct final rule to amend 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

This direct final rule amends a final rule appearing in the Federal Beaister on May 15,1998,

(63 FR 26955) that clarifies physical pre 4 action requirements for spent nuclear fuel and high-l level radioactive waste stored at independent spent fuel storage installations, monitored-l retrievable storage installations, and geologic repository operations areas. The action is l necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

t l This action is concurrently being issued as a proposed rule and will be subject to a 30-day public comment period. If significar,t adverse comment is received, the direct final rule will be withdrawn and the comment addressed in a subsequent final rule.

Sincerely, Dennis K. Rathbun, Director

( Office of Congressional Affairs

Enclosure:

l Federal Register Notice l cc: Senator Bob Graham l

l d

l l

., The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works l United States Senate Washington, DC 20510 l

Dear Mr. Chairman:

The Nuclear Regulatory Commission has sent to the Office of the Federal Register, for publication, the enclosed direct final rule to amend 10 CFR 73.51, " Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste."

This direct final rule amends a final rule appearing in the Federal Register on May 15,1998, (63 FR 26955) that clarifies physical protection requirements for spent nuclear fuel and high- l level radioactive waste stored at independent spent fuel storage installations, monitored-retrievable storage installations, and geologic repository operations areas. The action is necessary to correct the inappropriate placement of surveillance / assessment and illumination systems within the requirement for tamper indication and line supervision.

This action is concurrently being issued as a proposed rule and will be subject to a 30-day public comment period. If significant adverse comment is received, the direct final rule will be withdrawn and the comment addressed in a subsequent final rule.

l Sincerely.

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Federal Register Notice l cc: Senator Bob Graham i

DISTRIBUTION:

l FRIB r/f NMSS r/f FCSS r/f NMSS Dir Office r/f RDS r/f NRC File Center G:\isfsl.rle\conglet.dfr

• see previous concurrence OFC FRIB E FRIB FRIB FCSS FCSS NMSS NMSS OCA NAME P0wyer )h* LRoche* TSherr* EWBesen EOTen Eycx' MKnapo* CPapenello* DRathbun DATE 8/13/98 8/14/98 S/14/98 / /98 8/17/98 t/19/98 8/19/98 / 19 8 98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

L. J. Callan 3 1

Coordination 1 1

The Office of Congressional Affairs has reviewed and concurs on the Congressionalletters. l The Office of the General Counsel has no legal objection. The Offices of the Chief Financial l Officer, and Chief Information Officer previously concurred on the original final rule and have not reviewed this corrective amendment because there is no anticipated impact to their respective areas of responsibility.

Attachments:

1. Federal Register Notice -

Direct Final Rule

2. Federal Register Notice -

Proposed Rule

3. EDO Approval for Publication

4. Congressional Letters

5. Small Business Regulatory Effectiveness Fairness Act Letters

6. Daily Staff Notes item DISTRIBUTION:

FRIB r/f RDS r/f NMSS r/f FCSS r/f NRC File Center NMSS Dir. Off. r/f GNsfsl.rle\dfr.cov CP/ PROOFED / AUGUST 18.1998 OFC FRIB* FRIB* NMSS* FRIB* FCSS ADM*

NAME PDwyer:jh LRoche EKraus TSherr EWBrech DMeyer DATE 8/13/98 8/14/98 8/15/98 8/14/98 8/7/9*

m ..

m .

m .- .

m . .

m- msg OFC OCA* OGC* NRR* FCSS* NMSS* NMSS* _

NAME DRathbun STreby JWRoe EOTen Eyck MKnapp CPaperiello DATE 7/13/98 8/10/98 8/10/98 8/17/98 8/19/98 8/19/98 C = COVER E m COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

l 1

• • L. J. Callan 3 l

Coordination

, The Offices of Administration and Nuclear Reactor Regulation concur in these amendments.

I The Office of Congressional Affairs has reviewed and concurs on the Congressionalletters. The Office of the General Counsel has no legal objection. The Offices of the Chief Financial Officer, Chief Information Officer, Information Resources Management, and Enforcement previously I

concurred on the original final rule and have not reviewed this corrective amendment because there is no anticipated impact to their respective areas of responsibility.

Attachments:

1. Federal Register Notice -

l Direct Final Rule l 2. Federal Register Notice -

Proposed Rule

3. EDO Approval for Fu ,lication 1

4. Congressional Letters

5. Small Business Regulatory Effectiveness Fairness Act Letters

6. Daily Staff Notes item DISTRIBUTION:

FRIB r/f RDS r/f NMSS r/f FCSS r/f NRC File Center NMSS Dir. Off, r/f G:\lsfsi. rte \dfr.COV CP/ PROOFED /AUG UST 15.1998 OFC FRIB* FRIB* NMSS* FRIB* FCSS ADM NAME PDwyer:jh LRoch6 EKraus TSherr CWO::ch DMeyer DATE 8/13/98 8/14/98 8/15/98 8/14/98 8/7/98 OFC OCA* OGC* NRR* FCSS* NMSS,m .

NMS$_

NAME DRathbun STreby JWRoe EOTen Eyck C DATE 7/13/98 8/10/98 8/10/98 8/17/98 8// #/98 8//'//98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

L. J. Callan 2

/*

• • On the advice of the Office of the General Counsel (OGC), staff has developed a dire $t final rule and a companion proposed rule that will be issued for a thirty day public comtnent penod.

Although none is anticipateo any significant adverse comment received on the proposed rule will be addressed through the withdrawal of the direct final rule and issuance,0f a subsequent final rule  ;

1 Backfit Analysis '

The staff has determined that the backfit rule does not apply to this rule, and therefore, a backfit analysis is not required because the amendment does not involv.e'any provisions that would ,

impose backfits as defined in 10 CFR Chapter I. )

Notices / j i

The direct final rule (Attachment 1) and the companiory proposed rule (Attachment 2) will be published concurrently in the Federal Reaister. The, Approval for Publication notice is attached ,

for your signature (Attachment 3). The appropriate' Congressional Committees will be notified (Attachment 4). Letters to meet the provisions of'the Small Business Regulatory Effectiveness Fairness Act have also been prepared (Attachrfient 5). A notice to the Commission that the l EDO has signed the direct final rule and cor/panion proposed rule is attached for inclusion in the Daily Staff Notes (Attachment 6). The Dffice of Public Affairs indicates that a press release is not needed for this effort. f'

/ l Coordinatiort

/

/ 1 The Offices of Administration arid Nuclear Reactor Regulation concur in these amendments. l The Office of Congressional Affairs has reviewed and concurs on the Congressionalletters.

The Office of the General Q6unsel has no legal objection. The Offices of the Chief Financial l Officer, Chief Information,dfficer, information Resources Management, and Enforcement previously concurred o the original final rule and have not reviewed this corrective amendment because there is no ticipated impact to their respective areas of responsibility.

Attachments:

1. Federal R ister Notice -

Direct nal Rule

2. Feder Register Notice - ,

Pr osed Rule '

3. O Approval for Publication

4. ongressional Letters Small Business Regulatory Effectiveness Fairness Act Letters

6. Daily Staff Notes item DISTRIBUTION: ,

FRIB r/f RDS r/f NMSS r/f FCSS r/f NRC File Center NMSS Dir Off. r/f G:\isfsi.rle\dfr.cov OFC FRIB ,, n FRIB m NMSS FRIB FCSS s , ADM NAME PDwyer LRochs s E h ye x /\ A/ ./8/7- M

/98L.-

DATE 8//3/98 8/F /98 7$$/98 8///98 /8/ /Q8 OFC FCSS NMSS NMSS NAME h '

ST e$ oY EQTen 5yck MKnapp CPapenello DATE 7 %/ 6 98 8//c/99 8//0 /98 8/fl/98 8/ /98 8/ /98 C a COVER E = COVER & ENCLOSURE N = NO COPY

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