[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
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  Federal Register / Vol. 63, No. 179 / Wednesday, September 16, 1998 / 
Rules and Regulations  

[[Page 49413]]


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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rule is withdrawn, timely notice will be published in the Federal 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 [email protected].
    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.

[[Page 49414]]

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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