[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Notices]
[Pages 45876-45877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11472]
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DEPARTMENT OF ENERGY
DOE Response to Defense Nuclear Facilities Safety Board
Recommendation 2023-1, Onsite Transportation Safety
AGENCY: Office of Environment, Health, Safety and Security, Department
of Energy.
ACTION: Notice.
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SUMMARY: On January 26, 2024, the Defense Nuclear Facilities Safety
Board issued Recommendation 2023-1, Onsite Transportation Safety, to
the Department of Energy (DOE). In accordance with the Atomic Energy
Act of 1954, as amended, the Secretary of Energy's response to the
Recommendation is provided in this notice.
DATES: Comments, data, views, or arguments concerning the Secretary's
response are due on or before June 24, 2024.
ADDRESSES: Please send comments to: Defense Nuclear Facilities Safety
Board, 625 Indiana Avenue NW, Suite 700, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Mrs. Zahira Cruz-Perez, Office of the
Departmental Representative to the Defense Nuclear Facilities Safety
Board, Office of Environment, Health, Safety and Security, U.S.
Department of Energy, 1000 Independence Avenue SW, Washington, DC
20585, or telephone number (301) 903-0200, or email Zahira. [email protected].
SUPPLEMENTARY INFORMATION: On January 26, 2024, the Defense Nuclear
Facilities Safety Board issued Recommendation 2023-1, Onsite
Transportation Safety, to the Department of Energy. In accordance with
section 315(c) of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2286d(c)), the Secretary of Energy's response to the Recommendation is
printed in full at the conclusion of this notice.
Signing Authority
This document of the Department of Energy was signed on May 20,
2024, by Mark Do, Acting Departmental Representative to the Defense
Nuclear Facilities Safety Board, Office of Environment, Health, Safety
and Security, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 21, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
May 3, 2024
The Honorable Joyce L. Connery
Chair
Defense Nuclear Facilities Safety Board
625 Indiana Avenue NW, Suite 700
Washington, DC 20004
Dear Chair Connery:
I appreciate the Defense Nuclear Facilities Safety Board's (DNFSB
or Board) continued support to the Department of Energy (DOE or
Department), including the National Nuclear Security Administration
(NNSA), in the safe operation of our facilities. The Department
received Board Recommendation 2023-1, Onsite Transportation Safety,
dated January 26, 2024, which was published in the Federal Register on
February 8, 2024.
DOE reviewed the recommendation's findings in which the DNFSB
partially addressed the Department's comments to the Draft
Recommendation. I accept Recommendation 2023-1 \1\ and agree with the
Board that greater flexibility is needed to address Sub-Recommendation
3.a. The Department shares the Board's view regarding continuous
improvement of our nuclear safety regulatory framework and safety basis
methodology to ensure reasonable assurance of adequate protection of
workers, the public, and environment in a manner that meets our shared
objective of continued safe, effective, and efficient execution of our
mission. We look forward to working with the Board and DNFSB staff as
we prepare the Implementation Plan.
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\1\ The Department accepts this recommendation, recognizing that
the Atomic Energy Act of 1954, as amended (AEA), authorizes the
Board to conduct safety reviews and make recommendations for the
Department's defense nuclear facilities to the extent consistent
with its enabling legislation under the AEA.
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If you have any questions, please contact Gregory Hatchett, NNSA
Deputy Associate Administrator for Enterprise Stewardship, whom I have
assigned as the Responsible Manager for this recommendation, at (202)
586-6443.
Sincerely,
Jennifer Granholm
Enclosure
Enclosure
Department of Energy Response to Defense Nuclear Facilities Safety
Board Recommendation 2023-1, Onsite Transportation Safety
The Department of Energy (DOE or Department) has evaluated and
accepts Defense Nuclear Facilities Safety Board (DNFSB or Board)
Recommendation 2023-1, Onsite Transportation Safety. Below is a
response to each sub recommendation outlined in Recommendation 2023-1.
Regarding Sub-Recommendation 3.a, DOE appreciates the Board's
recognition of the need for ``greater flexibility in identifying
corrective actions to
[[Page 45877]]
preclude recurrence of the safety issues.''
Sub-Recommendation 1: LANL Transportation Safety Document
Sub-Recommendation 1.a. Revise the LANL TSD to address the safety
concerns identified in this Recommendation and to comply with a revised
safe harbor methodology per sub-Recommendation 2.a.
The Department of Energy's National Nuclear Security Administration
(DOE/NNSA) Los Alamos Field Office (NA-LA) approved a revised Los
Alamos National Laboratory (LANL) Transportation Safety Document (TSD)
Documented Safety Analysis (DSA) for onsite transfers and Technical
Safety Requirements (TSRs) on August 10, 2023, with two conditions of
approval requiring LANL to address additional comments in the 2023 and
2024 annual update. DOE/NNSA continues to work with LANL as they
address the conditions of approval and demonstrate that workers,
members of the public, and the environment are adequately protected
during onsite transfers. Once DOE has completed Recommendation 2.a.,
LANL will revise their DSA following the new methodology.
DOE accepts Sub-Recommendation 1.a.
Sub-Recommendation 1.b. Ensure compensatory safety measures remain
in place until implementation of the LANL TSD revised per sub-
Recommendation 1.a above.
By elevating the compensatory safety measures to TSRs, NA-LA has
ensured the controls cannot be changed without DOE approval. As
identified by the DNFSB, Safety Basis Approval Authorities and Safety
Basis Review Teams can change and even reduce commitments from previous
approvals and reviews. Therefore, DOE commits to ensuring the approved
safety basis maintains the elevated controls until LANL re-writes the
DSA and TSRs following a revised methodology.
DOE accepts Sub-Recommendation 1.b.
Sub-Recommendation 2: Onsite Transportation Directives
Sub-Recommendation 2.a. Rewrite DOE safe harbors for onsite
transportation--DOE Order 460.1D, Hazardous Materials Packaging and
Transportation Safety, and DOE Guide 460.1-1, Implementation Guide for
Use with DOE O 460.1A, Packaging and Transportation Safety--to:
i. Provide requirements and guidance to ensure TSDs comply with all
applicable 10 CFR 830 safety basis requirements including requirements
related to accident evaluation and hazard controls.
ii. Include robust evaluation criteria to ensure TSDs demonstrate
that safety controls are effective at reducing risk.
iii. Include implementation guidance for restricting public access
to transportation routes, and controlling onsite traffic, during onsite
transportation of radioactive materials.
DOE will revise the DSA methodology for onsite transfers to ensure
compliance with 10 CFR part 830, subpart B, Safety Basis Requirements.
DOE accepts Sub-Recommendation 2.a.
Sub-Recommendation 2.b. Change DOE Standard 1104, Review and
Approval of Nuclear Facility Safety Basis and Safety Design Basis
Documents, to incorporate requirements and guidance for DOE review and
approval of TSDs.
Once the methodology in 2.a is complete, DOE will revise DOE-STD-
1104, Review and Approval of Nuclear Facility Safety Basis and Safety
Design Basis Documents, as appropriate for reviewing and approving DSAs
and TSRs for onsite transfers.
DOE accepts Sub-Recommendation 2.b.
Sub-Recommendation 2.c. Conduct an extent of condition review of
TSDs for DOE sites with defense nuclear facilities to identify any
near-term actions necessary to ensure safety until the safe harbors are
revised and implemented.
DOE will compile extent of condition work already completed at DOE
sites and will conduct an extent of condition review of DSAs and TSRs
for onsite transfers at remaining DOE sites with Defense Nuclear
Facilities to determine if any near-term actions are necessary to
ensure safety until the revised methodology is issued and implemented.
As part of the review, DOE will evaluate the variation between DSAs/
TSRs to understand how the current methodology is being implemented to
identify potential issue(s) that could inform actions necessary for
Sub-Recommendation 2.a.
DOE accepts Sub-Recommendation 2.c.
Sub-Recommendation 3: DOE Oversight
Sub-Recommendation 3.a. Perform an independent causal analysis for
the safety issues identified in this Recommendation, including the
effectiveness of DOE oversight of contractor TSDs, DOE's management of
its onsite transportation directives, and DOE's evaluation of and
actions in response to the safety issues identified in prior Board
correspondence on onsite transportation safety. Identify and implement
corrective actions to address appropriate causal analysis results that
preclude recurrence of the safety issues.
Pending the outcome of the extent of condition review performed in
Sub-Recommendation 2.c., DOE will identify and implement applicable
corrective actions. DOE agrees with the DNFSB on the need for greater
flexibility in identifying these corrective actions to preclude
recurrence of the safety issues.
DOE accepts Sub-Recommendation 3.a.
[FR Doc. 2024-11472 Filed 5-23-24; 8:45 am]
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