[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9402-9403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4830]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50 and 70
RIN 3150-AF87
Criticality Accident Requirements; Withdrawal of Direct Final
Rule and Revocation of Regulatory Text
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; withdrawal.
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SUMMARY: The Nuclear Regulatory Commission is withdrawing a direct
final rule that would have amended the Commission's regulations to
provide light-water nuclear power reactor licensees with greater
flexibility in meeting the requirement that licensees authorized to
possess more than a small amount of special nuclear material (SNM)
maintain a criticality monitoring system in each area where the
material is handled, used, or stored. The NRC is taking this action
because it has received significant adverse comments in response to an
identical proposed rule which was concurrently published in the Federal
Register. Because the effective date for the direct final rule has
passed, the NRC is removing the regulatory text codified in that
action.
EFFECTIVE DATE: February 25, 1998.
FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone (301) 415-6234 (E-mail: spt@nrc.gov).
SUPPLEMENTARY INFORMATION: On December 3, 1997 (62 FR 63825), the
Nuclear Regulatory Commission published in the Federal Register a
direct final rule amending its regulations to provide persons licensed
to construct or operate light-water nuclear power reactors with the
option of either meeting the criticality accident requirements of
paragraph (a) of 10 CFR 70.24 in handling and storage areas for SNM, or
electing to comply with requirements that would be incorporated into 10
CFR part 50 at Sec. 50.68. The direct final rule was to become
effective on February 17, 1998. The NRC also concurrently published an
identical proposed rule on December 3, 1997 (62 FR 63911). In these
documents, the NRC indicated that if it received significant adverse
comments in response to this action, the NRC would withdraw the direct
final rule and would consider the comments received as in response to
the proposed rule and address these comments in a subsequent final
rule. Therefore, the Commission is withdrawing the December 3, 1997,
direct final rule. The public comments received will be addressed in a
subsequent final rule issued in either a notice of final rulemaking or
in a notice of withdrawal of the proposed rule.
Because this notice of withdrawal is being published after the
February 17, 1998, effective date for the direct final rule, the
regulatory text presented in the December 3, 1997, direct final rule
must be removed from the Code of Federal Regulations. Therefore, the
provisions added to part 50 at Sec. 50.68 are removed and the text of
Sec. 70.24(d) is being restored to the text of the paragraph that was
in effect before the December 3, 1997, amendment to that paragraph.
[[Page 9403]]
List of Subjects
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, 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 553, the NRC is adopting the
following amendments to 10 CFR parts 50 and 70.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, and
50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as
amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56
also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections
50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also
issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat.
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Sections 50.80--50.81 also issued under
sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also
issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237).
Sec. 50.68 [Removed]
2. Section 50.68 is removed.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
3. The authority citation for part 70 continues to read as follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended,
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 70.21(9) also issued under sec. 122,
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec.
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42
U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
4. In Sec. 70.24, paragraph (d) is revised to read as follows:
Sec. 70.24 Criticality accident requirements.
* * * * *
(d) Any licensee who believes that good cause exists why he should
be granted an exemption in whole or in part from the requirements of
this section may apply to the Commission for such exemption. Such
application shall specify his reason for the relief requested.
Dated at Rockville, Maryland, this 20th day of February, 1998.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-4830 Filed 2-24-98; 8:45 am]
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