[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Rules and Regulations]
[Pages 49413-49414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24715]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 179 / Wednesday, September 16, 1998 /
Rules and Regulations
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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: Direct final rule.
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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.
DATES: The final rule is effective November 12, 1998, unless
significant adverse comment is received by October 16, 1998. If the
rule is withdrawn, timely notice will be published in the Federal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-mail cag@nrc.gov.
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: Barry Mendelsohn, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-7262.
SUPPLEMENTARY INFORMATION: Because NRC considers this action
noncontroversial, the NRC is publishing it in final form. This action
will become effective on November 12, 1998. However, if the NRC
receives significant adverse comment by October 16, 1998, the NRC will
publish a document that withdraws this action. In the proposed rules
section of this issue of the Federal Register, NRC is publishing a
separate document that will serve as the proposal to approve the rule
should adverse comment be received. 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 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 proposed section 73.51(d)(13), revised as section (d)(11), is
amended to be consistent with the corrective text of this rulemaking.
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 statement nor an environmental
assessment has been prepared for this final rule.
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.
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.
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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.
Small Business Regulatory Enforcement Fairness Act
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 with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 73
Criminal penalties, Hazardous materials transportaion, Exports,
Imports, 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.
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:
Sec. 73.51 Requirements for the physical protection of stored spent
nuclear fuel and high-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 26th day of August, 1998.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 98-24715 Filed 9-15-98; 8:45 am]
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