[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Proposed Rules]
[Pages 31946-31947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12583]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / 
Proposed Rules  

[[Page 31946]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 71


NUREG-1886, ``Joint Canada--United States Guide for Approval of 
Type B(U) and Fissile Material Transportation Packages, Draft Report 
for Comment''

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of document availability and request for public comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is announcing the 
availability of and is seeking public comment on the draft NUREG-1886, 
``Joint Canada--United States Guide for Approval of Type B(U) and 
Fissile Material Transportation Packages.''

DATES: Comments on this document should be submitted by August 19, 
2008. Comments received after this date will be considered if it is 
practical to do so, however we are only able to assure consideration 
for comments received on or before this date. To ensure efficient and 
complete comment resolution, comments should include reference to the 
section, page, and line numbers of the document to which the comment 
applies, if possible.

ADDRESSES: Members of the public are invited and encouraged to submit 
written comments to Michael T. Lesar, Chief, Rulemaking, Directives and 
Editing Branch, Mail Stop T6-D59, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Comments may be submitted by electronic mail 
to [email protected]. Comments may also be hand delivered to 11555 
Rockville Pike, Rockville, Maryland 20852, between 7:45 a.m. and 4:15 
p.m. on Federal workdays.
    Copies of comments received may be viewed at the NRC's Public 
Document Room, One White Flint North, Public File Area O1-F21, 11555 
Rockville Pike (First Floor), Rockville, Maryland.
    This document, NUREG-1886 [ML073300230], is available at the NRC's 
Agencywide Document Access and Management System (ADAMS) Public 
Electronic Reading Room on the Internet, accessible through the NRC's 
public Web site at http://www.nrc.gov. This Web site provides text and 
image files of the NRC's public documents. The public can gain entry 
into ADAMS through the agency's public Web site at http://www.nrc.gov/reading-rm/adams.html, under Accession No. ML073300230. The document 
may also be viewed electronically on the public computers located at 
the NRC's Public Document Room (PDR), One White Flint North, 11555 
Rockville Pike, Room O1-F21, Rockville, Maryland. The PDR reproduction 
contractor will copy documents for a fee. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the NRC PDR Reference Staff at (800) 397-4209, (301) 
415-4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Michele M. Sampson, Office of Nuclear 
Material Safety and Safeguards, NRC, Washington, DC 20555-0001; 
telephone: (301) 492-3292; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The International Atomic Energy Agency (IAEA) ``Regulations for the 
Safe Transport of Radioactive Material'' (TS-R-1) are designed to 
provide a uniform and adequate level of safety for the transport of 
radioactive materials. The standards for packaging of radioactive 
material, the IAEA regulations, TS-R-1, are adopted by member states, 
providing the basis for each member state's transport package approval. 
In principle, this ``unilateral'' approval can be accepted by all other 
member states, with little or no requirement for additional technical 
review. However, the U.S. and other member states have routinely 
performed some form of technical review for Type B(U) and fissile 
material transport packages.\1\
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    \1\ See 10 CFR 71.4 for definitions of Type B(U) and fissile 
material transport package classifications.
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    Under the U.S. Department of Transportation (DOT) regulations, 49 
Code of Federal Regulations (CFR) part 173.471-473, for a Type B or 
fissile material package design, a ``U.S. Competent Authority 
Certificate'' must be obtained from the DOT prior to import or export 
of Type B or fissile material packages. The June 8, 1979, Memorandum of 
Understanding (MOU; 44 FR 38690, July 2, 1979) describes the roles and 
responsibilities of both DOT and NRC in jointly regulating the 
transportation of radioactive material in the U.S. DOT, assisted by NRC 
as needed, performs a technical review as part of validation for each 
foreign-approved package design prior to issuance of a U.S. Certificate 
of Competent Authority.
    In practice, the acceptance of approvals for Type B(U) and fissile 
material packages, without additional package review by affected member 
states, has remained an elusive goal. Implementation of a separate 
technical review is influenced by the perspectives that individual 
member states have concerning risk, safety margins, and because of 
other differences in engineering standards, documentation, and quality 
assurance requirements. Progress towards member state acceptance of 
Type B(U) and fissile materials transportation packages requires a 
framework in which these different perspectives, as well as the 
qualification of technical reviewers, can be addressed, resolved, and 
documented.
    The purpose of this NUREG is to provide the framework to achieve 
United States and Canadian validation of Competent Authority Type B(U) 
and fissile materials transportation package approvals for export and 
import without significant additional technical review.
    The NUREG was developed by a working group of DOT, NRC, and 
Canadian Nuclear Safety Commission (CNSC) staff. The NUREG is to be 
used by applicants in submitting safety analysis reports for the 
certification of packages and by DOT and NRC reviewers in assessing 
these reports. The NUREG describes a method that is acceptable to the 
staffs of the DOT, NRC, and CNSC for complying with the United States 
regulations in 10 CFR part 71 and 49 CFR part 173, the Canadian 
Packaging and Transport of Nuclear Substances Regulations, and TS-R-1, 
upon which the domestic United States and Canadian regulations are 
based. Where differences in the regulatory requirements exist, guidance 
is provided in the NUREG to assist the applicant in appropriately 
addressing the specific regulatory requirement. The

[[Page 31947]]

NUREG is not intended as an interpretation of the regulations, and does 
not have the force or effect of regulations.
    The NUREG applies specifically to applications for approval of Type 
B(U) and fissile material (Type A and Type B) transportation packages 
for import or export. The NUREG does not apply to approval of special 
form materials, certain air shipments of Type B packages, low 
dispersible material, Type C packages, or fissile materials in less 
than Type A packages. The NUREG does not change the certification 
requirements for domestic shipment within the United States or Canada.
    The CNSC has a companion Regulatory Document, ``Joint Canada--
United States Guide for Approval of Type B(U) and Fissile Material 
Transportation Packages'' (RD-364) which provides the same guidance to 
applicants in submitting safety analysis reports to the CNSC for the 
certification of packages and to CNSC reviewers in assessing these 
reports, as NUREG-1886. The CNSC document is being published for public 
comment in Canada.

II. Bi-Lateral Agreement

    The United States and Canada, through the working group process, 
envision a formal process, such as a Memorandum of Agreement, to 
implement use of NUREG-1886 in the United States and RD-364 in Canada. 
The protocol for implementation of this formal agreement is expected to 
detail the process to be followed by the United States and Canada.
    The following elements have been identified for implementation:
     Procedures for periodic review of both NUREG-1886 and RD-
364 to ensure the documents remain current with regulatory changes.
     NRC and CNSC agreement on minimum qualification of staff 
assigned to review packages that are part of the bi-lateral agreement.
     Periodic audit by NRC and CNSC of each other's review 
process.
     Periodic full review by both NRC and CNSC of packages that 
are part of the bi-lateral agreement.
     Periodic meetings between NRC, DOT, and CNSC staff to 
discuss technical issues related to package approvals that are part of 
the bi-lateral agreement.
    The formal bi-lateral agreement between NRC, DOT, and CNSC will be 
made available to the public through a separate notice in the Federal 
Register.

III. Public Participation

    The NRC is seeking public comment in order to receive feedback from 
the widest range of interested parties and to ensure that all 
information relevant to developing NUREG-1886 is available to the NRC 
staff. The NRC will provide copies of public comments received to the 
CNSC and DOT. In addition, public comments received by the CNSC on RD-
364 will be provided to the NRC and DOT. The NRC will review all public 
comments, incorporate suggested changes as necessary, and then issue 
the final NUREG-1886 for use.

    Dated at Rockville, Maryland, this 22nd day of May 2008.

    For the Nuclear Regulatory Commission.
Edwin Hackett,
Acting Director, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-12583 Filed 6-4-08; 8:45 am]
BILLING CODE 7590-01-P