NUREG-1886, “Joint Canada-United States Guide for Approval of Type B(U) and Fissile Material Transportation Packages, Draft Report for Comment”, 31946-31947 [E8-12583]

Download as PDF 31946 Proposed Rules Federal Register Vol. 73, No. 109 Thursday, June 5, 2008 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. 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’’ U.S. Nuclear Regulatory Commission. ACTION: Notice of document availability and request for public comment. yshivers on PROD1PC62 with PROPOSALS AGENCY: 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 nrcrep@nrc.gov. 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 VerDate Aug<31>2005 12:00 Jun 04, 2008 Jkt 214001 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 pdr@nrc.gov. 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: Michele.Sampson@nrc.gov. 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 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 1 See 10 CFR 71.4 for definitions of Type B(U) and fissile material transport package classifications. PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 foreignapproved 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 E:\FR\FM\05JNP1.SGM 05JNP1 Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Proposed Rules 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. yshivers on PROD1PC62 with PROPOSALS II. Bi-Lateral Agreement 12:00 Jun 04, 2008 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0189; FRL–8576–5] 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. VerDate Aug<31>2005 III. Public Participation Jkt 214001 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Schuylkill County Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Schuylkill County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before July 7, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2008–0189 by one of the following methods: PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 31947 A. http://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2008–0097, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2008– 0189. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. E:\FR\FM\05JNP1.SGM 05JNP1

Agencies

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


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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.

-----------------------------------------------------------------------

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 nrcrep@nrc.gov. 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 pdr@nrc.gov.

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: Michele.Sampson@nrc.gov.

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\
---------------------------------------------------------------------------

    \1\ See 10 CFR 71.4 for definitions of Type B(U) and fissile 
material transport package classifications.
---------------------------------------------------------------------------

    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