[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47268-47271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23611]
[[Page 47267]]
_______________________________________________________________________
Part IV
Nuclear Regulatory Commission
_______________________________________________________________________
10 CFR Part 50
Definition of Safety-Related Structures, Systems, and Components;
Technical Amendments; Final Rule and Proposed Rule
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 /
Rules and Regulations
[[Page 47268]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AF75
Definition of Safety-Related Structures, Systems, and Components;
Technical Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission is amending its regulations
to correct an error in the language of several sections in the
regulations governing nuclear power plant licensing that define the
term, ``safety-related structures, systems, and components.'' These
definitions are inconsistent with the definition in regulations
applicable to the siting of nuclear power plants and the Commission's
longstanding practice and interpretation of that term.
EFFECTIVE DATE: This direct final rule is effective November 7, 1997,
unless significant adverse comments are received by October 8, 1997. If
significant adverse comments are received, the effective date will be
delayed and timely notice will be published in the Federal Register.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,
Maryland, between 7:30 am and 4:15 pm on Federal workdays.
For information on submitting comments electronically, see the
discussion under Electronic Access in the Supplementary Information
Section.
Copies of any comments received may be examined at the NRC Public
Document Room, 2120 L Street NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Geary S. Mizuno, Office of General
Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001,
telephone (301) 415-1639,; e-mail [email protected], or Clark Prichard,
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-6203; e-mail
[email protected].
SUPPLEMENTARY INFORMATION: This direct final rule corrects an error in
the language of several regulations in 10 CFR Part 50 defining the
term, ``safety-related structures, systems, and components,'' which is
inconsistent with the concept of ``safety-related structures, systems,
and components'' in 10 CFR Part 100, Appendix A.
Currently, ``safety-related structures, systems, and components''
in 10 CFR 50.2 (Definitions) and 10 CFR 50.65 (Maintenance Rule), and
``safety-related electrical equipment'' in 10 CFR 50.49 (Environmental
Qualifications Rule) are defined as those structures, systems and
components that are relied upon to remain functional during and
following design basis events to ensure:
(1) The integrity of the reactor coolant pressure boundary,
(2) The capability to shut down the reactor and maintain it in a
safe shutdown condition, and
(3) The capability to prevent or mitigate the consequences of
accidents which could result in potential offsite exposures comparable
to the applicable guideline exposures set forth in Sec. 50.34(a)(1) or
Sec. 100.11 of this chapter, as applicable. (emphasis added)
The corrections would replace the conjunctive word, ``and,'' by the
disjunctive word, ``or,'' in these regulations, thereby clarifying that
a structure, system, or component which falls into any one (or more) of
the three categories set forth in the definition shall be regarded as
``safety-related.'' The correction would also delete the word,
``postulated,'' in the definition of safety-related structures,
systems, and components' in 10 CFR 50.2. The corrections do not
constitute a change in Commission policy with respect to the scope of
structures, systems, and components to be regarded as ``safety-
related.'' Rather, the corrections will conform the language in 10 CFR
50.2, 50.49 and 50.65 to the language in 10 CFR Part 100, Appendix A,
where the concept of ``safety-related structures, systems and
components'' was first incorporated into the Commission's regulations.
In 10 CFR Part 100, Appendix A, which sets forth the seismic design
requirements for nuclear power plants, the nuclear power plant
applicant must determine the design basis for vibratory ground motion
from the ``Safe Shutdown Earthquake'' (SSE). Once the SSE is
determined, the nuclear power plant must be designed such that ``if a
Safe Shutdown Earthquake occurs, certain structures, systems and
components will remain functional.'' Id., Subparagraph VI.(a)(1). The
regulation then defines these structures, systems and components which
must be designed to withstand the SSE as those necessary to assure:
(i) The integrity of the reactor coolant pressure boundary,
(ii) The capability to shut down the reactor and maintain it in a
safe shutdown condition, or
(iii) The capability to prevent or mitigate the consequences of
accidents which could result in potential offsite exposures comparable
to the guideline exposures of this part.'' (emphasis added).
Id., see also 10 CFR Part 100, Appendix A, Section III, definition
of ``safe shutdown earthquake.'' The regulation then denotes these
structures, systems and components as ``safety-related.'' 10 CFR Part
100, Appendix A, Subparagraph VI.(a)(1)(second textual
paragraph).1
---------------------------------------------------------------------------
\1\ See also 38 FR 31279 at 31280 (November 13, 1973) (middle
column) noting that Paragraph VI(a)(1) of the final rule was changed
to ``eliminate the requirement that safety-related structures,
systems, and components also be designed to withstand the effects of
vibratory motion of fifty percent of the Safe Shutdown Earthquake in
combination with other appropriate loads well within elastic
limits.'' (emphasis added).
---------------------------------------------------------------------------
The first regulation in 10 CFR Part 50 utilizing the term,
``safety-related'' was 10 CFR Part 50, Appendix B, the introduction of
which stated that the requirements of the appendix applied to the
``safety-related functions'' of structures, systems, and components
which prevent or mitigate the consequences of postulated accidents.
However, Appendix B did not actually include a definition of ``safety-
related''. The first regulation in 10 CFR Part 50 to include a
definition of ``safety-related structures, systems, and components''
was 10 CFR 50.49. As originally promulgated, Sec. 50.49((b)(1) defined
``safety-related equipment'' as those necessary ``to ensure:
(i) The integrity of the reactor coolant pressure boundary,
(ii) The capability to shut down the reactor and maintain it in a
safe condition, and
(iii) The capability to prevent or mitigate the consequences of
accidents which could result in potential offsite exposures comparable
to the 10 CFR Part 100 guidelines.'' (emphasis added) (48 FR 2729;
January 21, 1983).
Thus, the core definition of ``safety-related equipment'' in 10 CFR
50.49 was essentially the same as the definition of ``safety-related
structures, systems, and components'' in 10 CFR Part 100, Appendix A.
However, nothing in the statements of considerations for the proposed
or final 10 CFR 50.49 explains why the ``or'' in the core definition of
``safety related'' was changed to ``and.'' See 47 FR 2876; January 20,
1982--proposed rule and 48 FR 2729; January 21, 1983--final rule. Nor
was there any discussion in the statements of
[[Page 47269]]
considerations which would suggest that the Commission intended to
narrow the scope of structures, systems and components that would be
considered ``safety-related.'' Indeed, language in Revision 1 to
Regulatory Guide (RG) 1.89, ``Environmental Qualification of Certain
Electrical Equipment Important to Safety for Nuclear Power Plants''
(June 1984) strongly suggests that the use of the conjunctive word,
``and'' was an error and was not intended to change the fundamental
scope of safety-related structures, systems and components. Appendix A
to RG 1.89, ``Typical Safety-Related Electrical Equipment or System,''
purports to list systems and equipment that are ``safety-related.''
However, none of the equipment and systems actually listed as being
``safety-related'' would meet the definition of safety-related
structures, systems and components if the conjunctive ``and'' were
interpreted to require all three criteria in the ``safety-related''
definition to be satisfied. Moreover, a footnote to Appendix A of RG
1.89 states:
Paragraph 50.49(b)(1) identifies safety-related electrical
equipment as a subset of electrical equipment important to safety
and defines it as the equipment that is relied upon to remain
functional during and following design basis events to ensure (1)
the integrity of the reactor coolant pressure boundary, (2) the
capability to shut down the reactor and maintain it in a safe
condition, or (3) the capability to prevent or mitigate the
consequences of accidents which could result in potential offsite
exposures comparable to the 10 CFR Part 100 guidelines. (emphasis
added)
That the RG uses the disjunctive ``or'' when describing the
underlying regulatory requirement of 10 CFR 50.49 is a strong
indication that the NRC did not intend to change the scope of
structures, systems, and components deemed to be ``safety-related,''
and that the use of the conjunctive word, ``and,'' was a grammatical
error.
The conjunctive word, ``and,'' was subsequently used in the
Maintenance Rule, 10 CFR 50.65, to describe the structures, systems,
and components subject to the rule, as well as in the definition of
``safety-related structures, systems, and components'' contained in 10
CFR 50.2, which was added by a 1996 rulemaking amending Parts 50 and
100. Because the statements of considerations for the proposed and
final rules did not contain any discussion of the ``safety-related''
definition, the Commission concludes that the subsequent rules simply
repeated the definition used in 10 CFR 50.49 without intending any
change in the scope of safety-related structures, systems, and
components. See 53 FR 47822 (November 28, 1988--proposed Maintenance
Rule); 56 FR 31324 (July 10, 1991--final Maintenance Rule); 57 FR 47802
(October 20, 1992--first proposed rule amending parts 50 and 100); 59
FR 52255 (October 17, 1994--second proposed rule amending parts 50 and
100); and 61 FR 65171 (December 11, 1996--final rule amending parts 50
and 100).
The final rule amending 10 CFR Parts 50 and 100, which inter alia
added the definition of ``safety-related structures, systems, and
components to 10 CFR 50.2, also added the word, ``postulated,'' to the
term, ``design basis events,'' so that the term reads, ``design basis
(postulated) events.'' Nothing in the statements of consideration for
the first or second proposed rules, or the final rule, explains the
addition of the word, ``postulated,'' in the Section 50.2 definition of
``safety-related structures, systems, and components while leaving it
out of the definitions of ``safety-related structures, systems, and
components'' in 10 CFR 50.65 and 10 CFR Part 100, Appendix A, and
``safety-related electrical equipment'' in 10 CFR 50.49. Therefore, the
Commission also concludes that the addition of the word, ``postulated''
was an error and should be removed to conform the definition of
``safety-related structures, systems, and components'' to the long-
standing wording of that term.
For these reasons, the Commission has determined that the
amendments to 10 CFR 50.2, 50.49, and 50.65 are of a corrective nature,
and do not involve any change in existing policy or otherwise
constitute a new policy with respect to the scope of structures,
systems, and components considered to be ``safety-related.''
Furthermore, since these amendments clarify the original intent of the
Commission, they can be considered to be an interpretation of existing
regulations. Accordingly, the Commission finds that public notice and
opportunity for comment are unnecessary pursuant to 10 U.S.C.
553(b)(3)(A) and (B), and the Commission is publishing this rule in
final form without first seeking public comments on the amendment in a
proposed rule. However, if the NRC receives significant adverse comment
by [30 days after publication], the NRC will publish a notice in the
Federal Register that withdraws this action, and will address the
comments received in response to this direct final rule as comments on
a proposed rule (identical to this direct final rule) that is being
concurrently published in the proposed rules section of this Federal
Register. Any significant adverse comments will be deemed to be
comments on the proposed rule and will be addressed in a subsequent
final rule. The NRC will not initiate a second comment period on this
action.
Criminal Penalties
For purposes of Section 223 of the Atomic Energy Act of 1954, as
amended (AEA), the Commission is issuing the direct final rule under
one or more of sections 161b, 161i, or 161o of the AEA. Willful
violations of the direct final rule are subject to criminal
enforcement.
Electronic Access
Comments may be submitted electronically, in either ASCII text or
Word Perfect format (version 5.1), by calling the NRC Electronic
Bulletin Board on FedWorld or connecting to the NRC interactive
rulemaking web site, ``Rulemaking Forum.'' The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communications software packages, or directly via Internet.
Background documents on the rulemaking are also available for
downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC subsystem on
FedWorld can be accessed directly by dialing the toll-free number: 1-
800-303-9672. Communications software parameters should be set as
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystems
can then be accessed by selecting the ``Rules Menu'' option from the
``NRC Main Menu.'' For further information about options available for
NRC at FedWorld, consult the ``Help/Information Center'' from the ``NRC
Main Menu.'' Users will find the ``FedWorld Online User's Guides''
particularly helpful. Many NRC subsystems and databases also have a
``Help/Information Center'' option that is tailored to the particular
subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct-dial
phone number for the main FedWorld BBS: 703-321-3339; Telnet via
Internet: fedworld.gov (192.239.93.3); File Transfer Protocol (FTP) via
Internet:ftp:fedworld.gov (192.239.92.205); and World Wide Web using:
http://www.fedworld.gov (this is the Uniform Resource Locator (URL)).
If using a method other than the toll-free number to contact
FedWorld, access the NRC subsystem from the main FedWorld menu by
selecting ``F--Regulatory, Government Administration and State
Systems,'' then selecting ``A--Regulatory Information Mall.'' At that
point, a menu will be displayed that has
[[Page 47270]]
an option ``A--U.S. Nuclear Regulatory Commission'' that will take you
to the NRC Online Main Menu. You can also go directly to the NRC Online
area by typing ``/go nrc'' at a FedWorld command line. If you access
NRC from FedWorld's Main Menu, then you may return to FedWorld by
selecting the ``Return to FedWorld'' option from the NRC Online Main
Menu. However, if you access NRC at FedWorld by using NRC's toll-free
number, then you will have full access to all NRC systems, but you will
not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and
menus, including the Rules menu. Although you will be able to download
documents and leave messages, you will not be able to write comments or
upload files (comments). If you contact FedWorld using FTP, all files
can be accessed and downloaded but uploads are not allowed; all you
will see is a list of files without descriptions (normal Gopher look).
An index file listing all files within a subdirectory, with
descriptions, is included. There is a 15-minute time limit for FTP
access.
Although FedWorld can be accessed through the World Wide Web, like
FTP that mode only provides access for downloading files and does not
display the NRC Rules menu.
You may also access the NRC's interactive rulemaking web site
through the NRC home page (http://www.nrc.gov). This site provides the
same access as the FedWorld bulletin board, including the facility to
upload comments as files (any format), if your web browser supports
that function.
For more information on NRC bulletin boards, call Mr. Arthur Davis,
Systems Integration and Development Branch, U.S. Nuclear Regulatory
Commission, Telephone: 301-415-5780; e-mail: AXD[email protected]. For
information about the interactive rulemaking site, contact Ms. Carol
Gallagher, (301) 415-6215; e-mail [email protected].
Environmental Impact: Categorical Exclusion
The Commission has determined that this direct final rule is the
type of action described in categorical exclusion 10 CFR 51.22(c)(2),
since this direct final rule makes amendments to the regulations which
are corrective and nonpolicy in nature. Therefore, neither an
environmental impact statement nor an environmental assessment has been
prepared for this final rule.
Paperwork Reduction Act Statement
This direct final rule does not contain a new or significantly
amended information collection requirement subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.). Existing requirements
were approved by the Office of Management and Budget, approval number
3150-0011.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Regulatory Analysis
The Commission has not prepared a regulatory analysis for this
action because this direct final rule does not present new or revised
positions, impose a new requirement, or recommend new action.
Regulatory Flexibility Certification
As required by 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 small entities. This rule affects only
the operation of nuclear power plants. The companies that own these
plants do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the small
business size standards adopted by the NRC (10 CFR 2.810). Since these
companies are dominant in their service areas, this rule does not fall
within the purview of the Act.
Backfit Analysis
The direct final rule does not impose any change on licensees with
respect to the term, ``safety-related structures, systems and
components.'' Rather, it provides a definition of ``safety-related
structures, systems and components'' throughout 10 CFR Part 50 that is
identical to the definition contained in 10 CFR Part 100, Appendix A,
the NRC's first regulation defining ``safety-related structures,
systems and components,'' which provides that ``safety-related''
structures, systems and components are those that possess any one of
the three numbered attributes listed in the definition. This definition
is consistent with both the NRC's and nuclear power plant licensees'
longstanding understanding that the term, ``safety-related structures,
systems and components'' includes those structures, systems and
components that possess any one of the three listed attributes.
Therefore, the NRC has determined that the Backfit Rule, 10 CFR 50.109,
does not apply to this direct final rule because it does not impose any
backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis has
not been prepared for this direct final rule.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
``major rule'' and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
List of Subjects in 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.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR Part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for 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 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 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, and
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 Sec. 50.2, the definition of safety-related structures,
systems and components is revised to read as follows:
[[Page 47271]]
Sec. 50.2 Definitions.
* * * * *
Safety-related structures, systems and components means those
structures, systems and components that are relied upon to remain
functional during and following design basis events to assure:
(1) The integrity of the reactor coolant pressure boundary
(2) The capability to shut down the reactor and maintain it in a
safe shutdown condition; or
(3) The capability to prevent or mitigate the consequences of
accidents which could result in potential offsite exposures comparable
to the applicable guideline exposures set forth in Sec. 50.34(a)(1) or
Sec. 100.11 of this chapter, as applicable.
* * * * *
3. In Sec. 50.49, paragraph (b)(1)(i)(B) is revised to read as
follows:
Sec. 50.49 Environmental qualification of electric equipment important
to safety for nuclear power plants.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(B) The capability to shut down the reactor and maintain it in a
safe shutdown condition; or
* * * * *
4. In Sec. 50.65, paragraph (b)(1) is revised to read as follows:
Sec. 50.65 Requirements for monitoring the effectiveness of
maintenance at nuclear power plants.
* * * * *
(b) * * *
(1) Safety-related structures, systems and components that are
relied upon to remain functional during and following design basis
events to ensure the integrity of the reactor coolant pressure
boundary, the capability to shut down the reactor and maintain it in a
safe shutdown condition, or the capability to prevent or mitigate the
consequences of accidents that could result in potential offsite
exposure comparable to the guidelines in Sec. 50.34(a)(1) or
Sec. 100.11 of this chapter, as applicable.
* * * * *
Dated at Rockville, MD, this 5th day of August, 1997.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-23611 Filed 9-5-97; 8:45 am]
BILLING CODE 7590-01-P