[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4070-4072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1475]



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[[Page 4071]]

NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I


NRC Policy Statements; Withdrawal

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy statements; Withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
number of its Policy Statements which have been superseded by 
subsequent NRC rulemaking actions. The action taken by the NRC does not 
change reporting requirements on licensees or reduce the protection of 
the public health and safety in any way.

EFFECTIVE DATE: This action is effective January 20, 1995.

FOR FURTHER INFORMATION CONTACT: A.J. DiPalo, Office of the Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, telephone (301) 415-6191.

SUPPLEMENTARY INFORMATION:

Background

    Based on a comprehensive review of its regulations and regulatory 
guidance, the NRC has decided to withdraw a number of its Policy 
Statements that have been superseded by subsequent NRC rulemaking 
actions. This action does not change reporting requirements on 
licensees or reduce the protection of the public health and safety in 
any way.
    The following Policy Statements have been superseded and are being 
withdrawn:

1. Nuclear Power Plant Access Authorization Program

    The NRC published a proposed Policy Statement, ``Nuclear Power 
Plant Access Authorization Program,'' on March 9, 1988 (53 FR 7534). 
This Policy Statement was never published as a final Policy Statement, 
however it advocated that each licensee who operates a nuclear power 
plant establish an access authorization program which would ensure that 
individuals who require unescorted access to protected areas or vital 
areas of their facilities are trustworthy, reliable, emotionally 
stable, and would not subvert radiological security. Based on an 
evaluation of the public comments on the proposed Policy Statement, the 
NRC determined that, although many licensees had access authorization 
programs that conformed to the ``Industry Guidelines,'' not all 
licensees had such programs in place, and of those that did, not all 
fully incorporated the ``Industry Guidelines'' into their Physical 
Security Plan.
    Subsequently, the NRC published a final rule, ``Access 
Authorization Program for Nuclear Power Plants,'' (10 CFR 73.56) on 
April 25, 1991 (56 FR 18997), that would have superseded the above 
Policy Statement had it been published as a final Policy Statement. 
This final rule fulfilled the objectives of the proposed Policy 
Statement by requiring that all licensees authorized to operate a 
nuclear power plant have a required Access Authorization Program 
incorporated into their Physical Security Plan.

2. Training and Qualification of Nuclear Power Plant Personnel

    In Section 306 of the Nuclear Waste Policy Act of 1982 (NWPA), 
Public Law 97-425, the NRC was directed to promulgate regulations, or 
other appropriate Commission regulatory guidance for the training and 
qualifications of civilian nuclear power plant operators, supervisors, 
technicians, and other operating personnel. The NRC published a Policy 
Statement, ``Training and Qualification of Nuclear Power Plant 
Personnel,'' March 20, 1985 (50 FR 11147), to fulfill its 
responsibility under the Act. The Policy Statement was amended on 
November 18, 1988 (53 FR 46603). On April 17, 1990, the U.S. Court of 
Appeals for the District of Columbia Circuit concluded that the 
Commission's Policy Statement did not meet the intent of the 
Congressional directive to promulgate regulations or other appropriate 
regulatory guidance. The Commission requested a rehearing of the 
decision by the full Court, which was denied on June 19, 1990. In 
response to the Court's decision, the NRC published a final rule, 
``Training and Qualification of Nuclear Power Plant Personnel,'' (10 
CFR 50.120) on April 26, 1993 (58 FR 21904). The final rule fulfilled 
the objectives of the Policy Statement by establishing requirements and 
essential elements of the process to determine training and 
qualification requirements for all appropriate nuclear power reactor 
personnel.

3. Fitness-For-Duty of Nuclear Power Plant Personnel

    The NRC published a Policy Statement, ``Fitness-For-Duty of Nuclear 
Power Plant Personnel,'' on August 4, 1986 (51 FR 27921). The purpose 
of this Policy Statement was to encourage the industry to develop and 
implement its own initiatives, or to adopt those initiatives of the 
Edison Electric Institute, to assure that all nuclear power plant 
personnel with access to vital areas at operating plants are fit for 
duty. The Commission deferred rulemaking in this area for a period of 
18 months to evaluate licensee implementation of these initiatives.
    However, based on a dramatic increase in the number of drug use and 
abuse events since 1985, the NRC published a final rule, ``Fitness-for-
Duty-Program,'' (10 CFR Part 26) on June 7, 1989 (54 FR 24468). This 
rule fulfilled the objectives of the Policy Statement by requiring that 
licensees authorized to construct and operate nuclear power plants 
implement a Fitness-for-Duty Program intended to create an environment 
which is free of drugs and the effects of these substances.

4. Maintenance of Nuclear Power Plants

    On December 8, 1989 (54 FR 50611), the NRC published a Policy 
Statement, ``Maintenance of Nuclear Power Plants,'' with the purpose of 
encouraging licensees to enhance safety by improving plant maintenance. 
The NRC monitored the industry for 18 months and found that common 
maintenance related weaknesses continued to persist in some plants. 
Thus, the NRC published a final rule, ``Monitoring the Effectiveness of 
Maintenance at Nuclear Power Plants,'' (10 CFR 50.65) on July 10, 1991 
(56 FR 31306). This final rule which supersedes the above Policy 
Statement, will become effective July 10, 1996. Implementation of the 
rule was postponed until that time to provide licensees of the nuclear 
power plants the opportunity to plan and monitor their maintenance 
activities in accordance with the requirements of the 1996 rule. 
Currently all nuclear power plants have active maintenance programs in 
place. Thus NRC does not anticipate that this course of action will 
have any adverse impact on public health and safety. The final rule 
fulfilled the objectives of the Policy Statement by establishing 
requirements for monitoring and evaluation of plant maintenance 
activities.

5. Information Flow

    On July 20, 1982 (47 FR 31482), the NRC published a Policy 
Statement, ``Information Flow,'' with the intent to remind licensees of 
their responsibility to provide the Commission with timely, accurate, 
and sufficiently complete information during an incident or significant 
event.
    Subsequent to issuance for publication of the 1982 Policy 
Statement, the Commission published two regulations for reporting of 
events involving commercial nuclear power plants: ``Immediate 
Notification Requirements for Operating Nuclear Power Reactors,'' 10 
CFR 50.72, August [[Page 4072]] 29, 1983, (48 FR 39046); and ``Licensee 
Event Report System,'' (10 CFR 50.73), July 26, 1983, (48 FR 33858). 
The former specifically addresses reporting requirements during the 
course of an event. The Commission also published a regulation (10 CFR 
50.9, December 31, 1987 (523 FR 49372)), requiring that information 
provided to the Commission be complete and accurate in all material 
respects, and that licensees notify the Commission of information 
having significant implication for public health and safety or common 
defense and security. In addition, the Commission published similar 
regulations regarding reporting of nuclear material events (e.g., 10 
CFR 30.50 and 10 CFR 30.9 and 10 CFR 72.74 and 10 CFR 72.11). Timely, 
accurate and complete information continues to be of great importance 
to the Commission. Rules have been promulgated which fulfill the 
objectives of the Policy Statement in ensuring timeliness, accuracy, 
and completeness of the reported information.

6. Planning Basis For Emergency Responses to Nuclear Power Reactor 
Accidents

    On October 23, 1979 (44 FR 61123), the NRC published a Policy 
Statement, ``Planning Basis for Emergency Responses to Nuclear Power 
Plant Accidents,'' to endorse the guidance developed by a joint task 
force of the NRC and Environmental Protection Agency (EPA) on 
radiological emergency response plans to be developed by off-site 
agencies.
    After reviewing public comments on the policy statement, 
information obtained from workshops held on the subject and reports 
from a Presidential Commission, the NRC published a final rule, 
``Emergency Planning,'' (10 CFR Parts 50 and 70) on August 19, 1980 (45 
FR 55402). The final rule fulfilled the objectives of the Policy 
Statement by upgrading the NRC's emergency planning regulations to 
assure that adequate protective measures can and will be taken in the 
event of a radiological emergency.

    Dated at Rockville, Maryland, this 6th day of January 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-1475 Filed 1-19-95; 8:45 am]
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