[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Notices]
[Page 49721-49722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au08-116]
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NUCLEAR REGULATORY COMMISSION
Notice of Availability of Regulatory Issue Summary 2008-18;
Information on Requests for Extending Use of Expiring Transportation
Packages
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability.
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SUMMARY: The NRC staff has issued Regulatory Issue Summary (RIS) 2008-
18, Information on Requests for Extending Use of Expiring
Transportation Packages. The RIS is intended to provide information to
licensees and certificate holders who may request NRC consideration on
a case-by-case basis for limited domestic use of transportation
packages beyond the October 1, 2008, expiration date. The RIS does not
impose any additional regulatory requirements on NRC licensees.
FOR FURTHER INFORMATION CONTACT: Ms. Nancy Osgood, Project Manager,
Licensing Branch, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, Telephone: (301) 492-3326;
fax number: (301) 492-3348; e-mail: nancy.osgood@nrc.gov.
SUPPLEMENTARY INFORMATION: The attachment to this Federal Register
notice contains RIS 2008-18, Information on Requests for Extending Use
of Expiring Transportation Packages. RIS 2008-18 is also available
electronically in the NRC's Reading Room at http://www.nrc.gov/reading-
rm/adams.html. From this site, you can access NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. RIS 2008-18 can be found in ADAMS at
accession number ML081920729. If you do not have access to ADAMS, or if
there are problems accessing documents located in ADAMS, contact the
NRC Public Document Room (PDR) Reference Staff at 1-800-397-4209, 301-
415-4737, or e-mail pdr.resource@nrc.gov. This document may also be
viewed electronically on the public computers located at the NRC's PDR,
O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852. The PDR reproduction contractor will copy documents for a fee.
Dated at Rockville, Maryland, this 14th day of August 2008.
For the Nuclear Regulatory Commission.
Eric Benner,
Chief, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards.
Attachment
Nuclear Regulatory Commission, Office of Nuclear Material Safety and
Safeguards, Washington, DC 20555-0001. August 14, 2008.
NRC Regulatory Issue Summary 2008-18; Information on Requests for
Extending Use of Expiring Transportation Packages
Addressees
Users of, or certificate holders for, transportation packages
that expire on October 1, 2008, specifically:
(a) Type B packages, that the U.S. Nuclear Regulatory Commission
(NRC) has previously approved, but not designated as B(U), B(M),
B(U)F, or B(M)F in the identification number of the NRC Certificate
of Compliance, or Type AF transportation packages, that NRC approved
before September 6, 1983; or
(b) Existing Type B packagings, constructed to U.S. Department
of Transportation (DOT) Specification 6M, 20WC, or 21WC, conforming
in all aspects to the requirements of 49 CFR Subchapter C, in effect
on October 1, 2003, or existing fissile material packagings
constructed to DOT Specification 6L, 6M, or 1A2, conforming in all
aspects to the requirements of 49 CFR Subchapter C, in effect on
October 1, 2003.
Intent
Sections 71.19(a) and 71.20 of 10 Code of Federal Regulations
(CFR) part 71 expire on October 1, 2008. Section 71.19(a) authorizes
the use of Type B transportation packages, previously approved by
NRC, but not designated as B(U), B(M), B(U)F, or B(M)F in the
identification number on the NRC Certificate of Compliance or Type
AF transportation packages approved by NRC, before September 6,
1983. Section 71.20 authorizes use of DOT specification containers
for fissile material or for a Type B quantity of radioactive
material, as specified in DOT regulations at 49 CFR parts 173 and
178. NRC is issuing this regulatory issue summary (RIS) to inform
addressees regarding information that will be considered in requests
for extending use of these packages beyond October 1, 2008.
Background Information
On January 26, 2004, NRC published a final rule in the Federal
Register (69 FR 3698), amending its transportation regulations in
Part 71, to be compatible with the latest version of the
International Atomic Energy Agency (IAEA) ``Regulations for the Safe
Transport of Radioactive Material'' (IAEA Safety Standards Series
No. TS-R-1). NRC coordinated this rulemaking with DOT, since NRC and
DOT jointly regulate the safety of radioactive material in
transport. In this rulemaking, NRC and DOT implemented a planned
phaseout of the Type B and fissile material transportation packages
described above. The phaseout is to be completed by October 1, 2008
(when the regulations authorizing use of these packages expire).
Certain licensees have indicated that they may need to make
shipments in these packages after the October 1, 2008, expiration
date.
Summary of Issue
NRC regulations for packaging and transportation of radioactive
materials are contained in part 71. These regulations are amended
from time to time, to harmonize them with periodic revisions to IAEA
regulations, which are used internationally. Grandfathering
provisions, such as 10 CFR 71.19(a) and 71.20, have historically
been included both in NRC and IAEA regulations. The grandfathering
provisions allow continued use, with some conditions, of
transportation packages approved to previous editions of the
regulations. The purpose of the grandfathering provisions is to
minimize cost and impact on implementing the changes to the
regulations.
In the January 2004 rulemaking, NRC adopted revised regulations
in part 71, to harmonize with the 1996 edition of the IAEA
regulations (TS-R-1), which no longer authorized the use of the Type
B and fissile material transportation packages described above.
Among other changes, the 10 CFR 71.19(a) and 10 CFR 71.20
grandfathering provisions were adopted to allow continued use of
these Type B and fissile material transportation packages until
October 1, 2008.
Certain licensees and certificate holders have indicated that
there may be instances where limited use of these packages may be
needed beyond the October 1, 2008, expiration date. This RIS is
intended to provide information to licensees and certificate holders
in requesting authorization for such limited use.
NRC Review of Requests
Requests for limited use of these packages after the October 1,
2008, expiration date must address all five elements listed below.
NRC will consider these requests on a case-by-case basis. Applicants
should note that these requests will not be considered a form of
certificate renewal, either under 10 CFR 71.38 or any other NRC
regulation.
Licensees or certificate holders who have identified the need to
use these packages should provide the following information to NRC
and DOT before the October 1, 2008, expiration date:
(1) Package Information. NRC Certificate of Compliance Number or
DOT Specification Number.
(2) Identification of Shipments. (a) Number of shipments; (b)
number of packages per shipment; (c) packaging serial numbers; (d)
package contents; (e) end use of the radioactive material; (f)
shipment origin and destination; (g) mode; (h) general timeframe
(e.g., first quarter 2009); and (i) date last shipment will be
completed.
(3) Reasons for Requesting Extended Use. Justification for
extending the use of expiring packages must describe why acquiring
replacement packages is not practical and
[[Page 49722]]
why shipments cannot be made before the October 1, 2008, expiration
date. The justification must demonstrate that: (a) There are no
alternative domestically approved packages available; (b) the
contents cannot be reconfigured such that transport can be conducted
in accordance with the regulations; and (c) the transport schedule
cannot be adjusted so as to be conducted in accordance with the
regulations. The justification must also describe any good-faith
efforts to acquire replacement packages that meet the current
package performance requirements, including a detailed description
of past activities and the current status of acquiring replacement
packages. In addition, any adverse impacts that will result if the
shipment is not conducted should be fully described.
(4) Safety Justification for Continued Use and Proposed
Compensatory Measures. Since the expiring package designs may lack
safety enhancements included in newer designs, the request must
include a safety justification for continued use and a description
of compensatory measures that will be used to provide an equivalent
level of safety. Examples of compensatory measures that may be
considered are: (a) Special package inspections, tests, or
determinations that ensure that the packaging is in unimpaired
physical condition; (b) transport by exclusive use; (c) transport
during time of low road usage; and (d) accompaniment of shipment by
escort equipped to effect a recovery in an emergency situation or in
case of a transportation accident.
(5) A Plan and Schedule to Acquire Replacement Packages or
Complete Necessary Shipments. Details about the planned acquisition
of replacement packages must be provided, along with key milestones,
and proposed implementation dates, unless the licensee can show why
acquiring a replacement package is not practical and why shipments
cannot be made before the October 1, 2008, expiration date.
Filing Requests for Extension
Requests to extend use of these packages should be sent to NRC,
with a copy sent separately to DOT (applications to DOT should be in
accordance with 49 CFR 107.105). The requests should be addressed as
follows:
ATTN: Document Control Desk, Director, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-001;
ATTN: Special Permits, PHH-31, Associate Administrator for Hazardous
Material Safety, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Ave., SE., Washington, DC 20590.
Backfit Discussion
This RIS outlines information that licensees should consider for
incorporation in voluntary submittals for extending the use of the
subject transportation packages. The identified information will
assist the NRC in the regulatory process and aids licensees in
developing thorough submittals. Any requests to extend the use of
the subject transportation packages are proposed by licensees and
are therefore not backfits. Further, this RIS requires no action or
written response and therefore is not a backfit. Consequently, the
staff did not perform a backfit analysis.
Federal Register Notification
A notice of opportunity for public comment on this RIS was not
published in the Federal Register because it is informational and
pertains to a staff position that does not represent a departure
from current regulatory status and practice. This RIS is being
published in the Federal Register for information.
Congressional Review Act
This RIS is not a rule, as designated by the Congressional
Review Act (5 U.S.C. 801-808) and, therefore, is not subject to the
Act.
Paperwork Reduction Act Statement
This Regulatory Issue Summary contains information collections
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.). These information collections were approved by the
Office of Management and Budget, approval number 3150-0008.
Public Protection Notification
If a means used to impose 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, a
request for information collection.
Contact
Please direct any questions about this matter to the technical
contact listed below.
E. William Brach, Director,
Division of Spent Fuel Storage and Transportation, Office of Nuclear
Material Safety and Safeguards.
Technical Contact: Nancy L. Osgood, NMSS/SFST, (301) 492-3326,
e-mail: Nancy.Osgood@nrc.gov.
[FR Doc. E8-19553 Filed 8-21-08; 8:45 am]
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