[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Proposed Rules]
[Pages 49505-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24716]


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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: Proposed rule.

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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 must be received on or before October 16, 1998.

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, DC.
    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 rulemaking website, contact Ms. Carol 
Gallagher, (301) 415-5905, e-mail [email protected].

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: For additional information see the Direct 
Final Rule published in the Rules and Regulations section of this 
Federal Register.
    Because NRC considers this action noncontroversial, we are 
publishing this proposed rule concurrently with 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 October 16, 1998, then the NRC will publish a document 
that withdraws the direct final rule. If the direct final rule is 
withdrawn, the NRC will address the comments received in response to 
the direct final rule 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.

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

    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.

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 rule 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 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.

List of Subjects in 10 CFR Part 73

    Criminal penalties, Hazardous materials transportation, 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. 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:


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

[[Page 49506]]

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. 98-24716 Filed 9-15-98; 8:45 am]
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