DOE Response to Defense Nuclear Facilities Safety Board Recommendation 2023-1, Onsite Transportation Safety, 45876-45877 [2024-11472]

Agencies

• DEPARTMENT OF ENERGY

[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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