[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13615-13618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6210]



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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50, 55, and 73

RIN 3150-AF18


Reduction of Reporting Requirements Imposed on NRC Licensees

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to reduce reporting requirements currently imposed on 
water-cooled nuclear power reactor, research and test reactor, and 
nuclear material licensees. This rule reduces the regulatory burden on 
NRC licensees; and partially implements a recent NRC initiative to 
revise or eliminate duplicative or unnecessary reporting requirements. 
The amendments will: Eliminate the current requirement for licensees to 
submit summary reports of containment leakage rate tests to the NRC (10 
CFR Part 50--Appendix J), but preserve the requirements in Secs. 50.72 
and 50.73 under which licensees currently report any instances of 
leakage exceeding authorized limits in the technical specifications of 
the license; revise 10 CFR 55.25 to refer licensees to a similar 
reporting requirement in 10 CFR 50.74(c) and require notification of 
operator incapacity only in case of permanent disability or illness; 
and eliminate the requirement for quarterly submittal of safeguards 
event logs presently contained in 10 CFR 73.71(c)(2) and Appendix G to 
Part 73.

EFFECTIVE DATE: April 13, 1995.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone (301) 415-6103.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 1994, the Executive Director for Operations (EDO) 
sent to the Commission SECY-94-003, ``Plan for Implementing Regulatory 
Review Group Recommendations.'' The Commission approved these 
recommendations for reducing regulatory burden on its licensees. This 
final rule is one of several rulemakings and other regulatory actions 
currently being developed by the NRC staff to implement the Regulatory 
Review Group recommendations to eliminate duplicative or unnecessary 
reporting requirements. The NRC believes that this action will reduce 
the regulatory burden on NRC licensees without causing adverse effects 
on the protection of public health and safety.
    On November 2, 1994 (59 FR 54843), the NRC published the notice of 
proposed rulemaking that reduces reporting requirements on licensees 
under Parts 50, 55, and 73. Specifically, the proposed amendments were 
intended to: (1) Eliminate the current requirement for licensees to 
submit summary reports of containment leakage rate tests to the NRC (10 
CFR part 50--appendix J), but preserve the requirements in Secs. 50.72 
and 50.73 under which licensees currently report any instances of 
leakage exceeding authorized limits in the technical specifications of 
the license; (2) revise 10 CFR 55.25 to refer licensees to a similar 
reporting requirement in 10 CFR 50.74(c) and require notification of 
operator incapacity only in case of permanent disability or illness; 
and (3) eliminate the requirement for quarterly submittal of safeguards 
event logs presently contained in 10 CFR 73.71(c)(2) and Appendix G to 
Part 73. The public comment period expired December 19, 1994.

Analysis of Public Comments on the Proposed Rule

    The NRC received seven comments: one from Nuclear Energy Institute 
(NEI), an organization that represents the nuclear power industry, five 
from the nuclear power industry, and one from Ohio Citizens for 
Responsible Energy, Inc. (OCRE). The comments from NEI and the nuclear 
power industry are supportive of the proposed rule to reduce the 
reporting requirements. OCRE opposes the proposed rule. However, all 
commenters believe that elimination of these reports will not adversely 
impact public health and safety. The following section addresses the 
public comments received and provides NRC's response to them.
    Of the six comments received which favor the proposed rule, several 
of those endorsing the rule pointed out that the proposed changes 
eliminate unnecessary or redundant requirements and conserve both NRC 
and licensee resources. Two of the commenters felt that the NRC should 
assess additional reporting requirements to determine whether they can 
be eliminated or reduced in frequency. As discussed in the background 
section of this rulemaking, the NRC has underway several regulatory 
activities to implement the Regulatory Review Group's recommendations 
to eliminate duplicative or unnecessary reporting requirements. This 
rulemaking is limited to the requirements set out in the proposed 
rulemaking.

Licensees do not Need to Assemble the Summary Report

    One commenter from the nuclear power industry states that the 
requirement to generate but not submit a summary report for the 
containment leakage tests provides no additional benefit and is an 
unnecessary burden since the summary report contains data readily 
available from other sources. The commenter suggests that the 
requirement to generate the summary report be eliminated.
    The NRC disagrees. The NRC believes that the results of containment 
leakage tests, the licensee analysis verifying the acceptability of the 
results, as well as any necessary interpretations of the results, is 
necessary information which might not be documented absent this 
documentation requirement. Furthermore, the assembly of a summary 
report will provide access by NRC inspectors and auditors to this 
information in a more timely fashion.

Public Participation in the NRC Regulatory Process Will Diminish

    OCRE opposes the proposed rule because it believes that adoption of 
the rule will diminish the public's access to information. OCRE states 
that the public's health and safety is not the only factor to consider 
when NRC proposes to eliminate some licensee reports. Access to these 
reports, OCRE states, is vital for effective public participation in 
the regulatory process.
    To that end, OCRE has filed a petition for rulemaking with the NRC 
(59 FR 30308, June 13, 1994). The purpose of the petition is to 
establish public right-to-know provisions which would ensure public 
access to licensee-held information.
    In each case where the NRC considers eliminating a reporting 
requirement, the NRC first considers the public health and safety 
impact of the proposed elimination. If there is no direct impact on 
public health and safety, the NRC also considers the reduced 
administrative burden on the licensee and the extent to which the 
proposed elimination will deprive the public of important health and 
safety information. OCRE's comments have raised the generic issue of 
the incremental and cumulative effect of this and similar 
[[Page 13616]] rulemakings in depriving the public of access to 
licensee information that was previously available from the NRC. In 
that regard, OCRE has directly presented this issue to the Commission 
through its petition for rulemaking referenced above and the NRC finds 
that this generic issue is better addressed in the context of that 
petition, rather than in individual rulemakings such as this one. The 
NRC also finds that the effect of this rulemaking will be to reduce the 
administrative burden on licensees and that the loss of the information 
in this particular case will not adversely affect the public interest 
in access to information regarding adequate protection of the public 
health and safety.
    Having considered all comments received and other input, the NRC 
has determined that the following final rule should be promulgated.

Written Reports

    This final rule would not require additional written reports. On 
the contrary, under this final rule, reporting will be reduced for all 
licensees under 10 CFR Parts 50, 55, and 73.

Criminal Penalties

    For purposes of Section 223 of the Atomic Energy Act of 1954, as 
amended, relating to willful violations of requirements notice is 
hereby given that these amendments are being adopted and promulgated 
pursuant to Sections 161b, 161i, or 161o of the Act.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in the categorical exclusion 10 CFR 51.22(c)(3)(iii). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this regulation.

Paperwork Reduction Act Statement

    This final rule amends information collection requirements that are 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). These requirements were approved by the Office of Management and 
Budget, approval numbers 3150-0011, -0018, and -0002.
    Because the rule will relax existing information collection 
requirements, the annual public burden for this collection of 
information is expected to be reduced by approximately 20 hours per 
licensee. This reduction includes the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed and completing and reviewing the collection 
of information. Send comments regarding the estimated burden reduction 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to the Information and Records 
Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; and to the Desk Officer, Office of 
Information and Regulatory Affairs, NEOB-10202, (3150-0011, -0018, -
0002), Office of Management and Budget, Washington, DC 20503.

Regulatory Analysis

    The Commission has prepared a regulatory analysis on this final 
rule. The analysis examines the costs and benefits of the alternatives 
considered by the Commission. The Commission requested public comment 
on the draft regulatory analysis, but no comments were received. 
Therefore, no changes to the draft regulatory analysis have been made. 
The draft regulatory analysis is adopted as the final regulatory 
analysis without change. The analysis is available for inspection in 
the NRC Public Document Room, 2120 L Street NW. (Lower Level), 
Washington, DC.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, (5 
U.S.C. 605(b)), the Commission certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This final rule affects the nuclear power reactors, research and test 
reactors, and some material licensees. The companies and organizations 
that own these plants do not fall within the scope of the definition of 
``small entities'' set forth in the Regulatory Flexibility Act of the 
size standards established by the NRC (56 FR 56671; November 6, 1991).

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule because these amendments do not involve 
any provisions which would impose backfits on licensees as defined in 
Sec. 50.109(a)(1). In addition, information collection and reporting 
requirements are not subject to the backfit rule.

List of Subjects

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 55

    Criminal penalties, Manpower training programs, Nuclear power 
plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 73

    Criminal penalties, Hazardous materials transportation, Export, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    1. The authority citation for 10 CFR Part 50 continues to read as 
follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat 3123, (42 
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80 - 50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C 2237).

    2. In 10 CFR 50.74, paragraph (c) is revised to read as follows:


Sec. 50.74  Notification of change in operator or senior operator 
status.

* * * * *
    (c) Permanent disability or illness as described in Sec. 55.25 of 
this chapter.
    3. In 10 CFR Part 50 Appendix J, Section III, paragraphs A.1.(a), 
(b), and (d); Section IV. paragraph A., and Section V. paragraphs A. 
and B., are revised to read as follows:

Appendix J to Part 50--Primary Reactor Containment Leakage Testing 
for Water-Cooled Power Reactors

* * * * * [[Page 13617]] 

III. Leakage Testing Requirements

* * * * * *
    A. Type A test-1. Pretest requirements. (a) Containment 
inspection in accordance with V. A. shall be performed as a 
prerequisite to the performance of Type A tests. During the period 
between the initiation of the containment inspection and the 
performance of the Type A test, no repairs or adjustments shall be 
made so that the containment can be tested in as close to the ``as 
is'' condition as practical. During the period between the 
completion of one Type A test and the initiation of the containment 
inspection for the subsequent Type A test, repairs or adjustments 
shall be made to components whose leakage exceeds that specified in 
the technical specification as soon as practical after 
identification. If during a Type A test, including the supplemental 
test specified in III.A.3.(b), potentially excessive leakage paths 
are identified which will interfere with satisfactory completion of 
the test, or which result in the Type A test not meeting the 
acceptance criteria III.A.4.(b) or III.A.5.(b), the Type A test 
shall be terminated and the leakage through such paths shall be 
measured using local leakage testing methods. Repairs and/or 
adjustments to equipment shall be made and Type A test performed. 
The corrective action taken and the change in leakage rate 
determined from the tests and overall integrated leakage determined 
from local leak and Type A tests shall be included in the summary 
report required by V.B.
    (b) Closure of containment isolation valves for the Type A test 
shall be accomplished by normal operation and without any 
preliminary exercising or adjustments (e.g., no tightening of valve 
after closure by valve motor). Repairs of maloperating or leaking 
valves shall be made as necessary. Information on any valve closure 
malfunction or valve leakage that require corrective action before 
the test, shall be included in the summary report required by V.B.
* * * * *
    (d) Those portions of the fluid systems that are part of the 
reactor coolant pressure boundary and are open directly to the 
containment atmosphere under post-accident conditions and become an 
extension of the boundary of the containment shall be opened or 
vented to the containment atmosphere prior to and during the test. 
Portions of closed systems inside containment that penetrate 
containment and rupture as a result of a loss of coolant accident 
shall be vented to the containment atmosphere. All vented systems 
shall be drained of water or other fluids to the extent necessary to 
assure exposure of the system containment isolation valves to 
containment air test pressure and to assure they will be subjected 
to the post accident differential pressure. Systems that are 
required to maintain the plant in a safe condition during the test 
shall be operable in their normal mode, and need not be vented. 
Systems that are normally filled with water and operating under 
post-accident conditions, such as the containment heat removal 
system, need not be vented. However, the containment isolation 
valves in the systems defined in III.A.1.(d) shall be tested in 
accordance with III.C. The measured leakage rate from these tests 
shall be included in the summary report required by V.B.
* * * * *

IV. Special Testing Requirements

    A. Containment modification. Any major modification, replacement 
of a component which is part of the primary reactor containment 
boundary, or resealing a seal-welded door, performed after the 
preoperational leakage rate test shall be followed by either a Type 
A, Type B, or Type C test, as applicable for the area affected by 
the modification. The measured leakage from this test shall be 
included in the summary report required by V.B. The acceptance 
criteria of III.A.5.(b), III.B.3., or III.C.3., as appropriate, 
shall be met. Minor modifications, replacements, or resealing of 
seal-welded doors, performed directly prior to the conduct of a 
scheduled Type A test do not require a separate test.
* * * * *

V. Inspection and Reporting of Tests

    A. Containment inspection. A general inspection of the 
accessible interior and exterior surfaces of the containment 
structures and components shall be performed prior to any Type A 
test to uncover any evidence of structural deterioration which may 
affect either the containment structural integrity or leak-
tightness. If there is evidence of structural deterioration, Type A 
tests shall not be performed until corrective action is taken in 
accordance with repair procedures, non destructive examinations, and 
tests as specified in the applicable code specified in Sec. 50.55a 
at the commencement of repair work. Such structural deterioration 
and corrective actions taken shall be included in the summary report 
required by V.B.
    B. Recordkeeping of test results. 1. The preoperational and 
periodic tests must be documented in a readily available summary 
report that will be made available for inspection, upon request, at 
the nuclear power plant. The summary report shall include a 
schematic arrangement of the leakage rate measurement system, the 
instrumentation used, the supplemental test method, and the test 
program selected as applicable to the preoperational test, and all 
the subsequent periodic tests. The report shall contain an analysis 
and interpretation of the leakage rate test data for the Type A test 
results to the extent necessary to demonstrate the acceptability of 
the containment's leakage rate in meeting acceptance criteria.
    2. For each periodic test, leakage test results from Type A, B, 
and C tests shall be included in the summary report. The summary 
report shall contain an analysis and interpretation of the Type A 
test results and a summary analysis of periodic Type B and Type C 
tests that were performed since the last type A test. Leakage test 
results from type A, B, and C tests that failed to meet the 
acceptance criteria of III.A.5(b), III.B.3, and III.C.3, 
respectively, shall be included in a separate accompanying summary 
report that includes an analysis and interpretation of the test 
data, the least squares fit analysis of the test data, the 
instrumentation error analysis, and the structural conditions of the 
containment or components, if any, which contributed to the failure 
in meeting the acceptance criteria. Results and analyses of the 
supplemental verification test employed to demonstrate the validity 
of the leakage rate test measurements shall also be included.

PART 55--OPERATORS' LICENSES

    4. The authority citation for 10 CFR Part 55 continues to read as 
follows:

    Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953 , as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
1244 (42 U.S.C. 5841, 5842).

    Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
2237).

    5. 10 CFR 55.25 is revised to read as follows:


Sec. 55.25  Incapacitation because of disability or illness.

    If, during the term of the license, the licensee develops a 
permanent physical or mental condition that causes the licensee to fail 
to meet the requirements of Sec. 55.21 of this part, the facility 
licensee shall notify the Commission, within 30 days of learning of the 
diagnosis, in accordance with Sec. 50.74(c). For conditions for which a 
conditional license (as described in Sec. 55.33(b) of this part) is 
requested, the facility licensee shall provide medical certification on 
Form NRC 396 to the Commission (as described in Sec. 55.23 of this 
part).

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    6. The authority citation for 10 CFR Part 73 continues to read as 
follows:

    Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
amended, 204, 88 Stat. 1242, as amended, 1245 Sec. 1701, 106 Stat. 
2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f).

    Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C, 10155, 10161). Section 73.37(f) also 
issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
Stat. 876 (42 U.S.C. 2169).

    7. Section 73.71, paragraph (c)(2) is deleted, paragraph (c)(1) is 
redesignated as paragraph (c), and paragraph (d) is revised to read as 
follows:


Sec. 73.71  Reporting of safeguards events.

* * * * *
    (d) Each licensee shall submit to the Commission the 30-day written 
reports [[Page 13618]] required under the provisions of this section 
that are of a quality which will permit legible reproduction and 
processing. If the facility is subject to Sec. 50.73 of this chapter, 
the licensee shall prepare the written report on NRC Form 366. If the 
facility is not subject to Sec. 50.73 of this chapter, the licensee 
shall not use this form but shall prepare the written report in letter 
format. The report must include sufficient information for NRC analysis 
and evaluation.
* * * * *
    8. In 10 CFR Part 73, Appendix G, the title of Section II. is 
revised to read as follows:

Appendix G to Part 73--Reportable Safeguards Events

* * * * *
    II. Events to be recorded within 24 hours of discovery in the 
safeguards event log.
* * * * *
    Dated at Rockville, Maryland, this 2nd day of March, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-6210 Filed 3-13-95; 8:45 am]
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