[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Proposed Rules]
[Pages 54360-54366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21414]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 72 and 73

RIN 3150-AG90


Event Notification Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its event notification regulations that apply to an Independent Spent 
Fuel Storage Installation (ISFSI) and to a Monitored Retrievable 
Storage (MRS) installation. The proposed rule would also amend 
safeguards event notification requirements that apply to facilities 
subject to part 73, such as reactor facilities, fuel cycle facilities, 
ISFSIs, an MRS, licensees who possess or transport special nuclear 
material or spent fuel, a geological repository operations area, and 
the gaseous diffusion plants. With respect to both the event 
notification requirements and the safeguards event notification 
requirements, the changes are intended to align these requirements with 
recent changes to the power reactor event notification requirements. 
The changes would reduce licensee burden through the consolidation of 
some notifications and lengthening the reporting period for other 
notifications. However, some new requirements would be added to permit 
the NRC to more effectively carry out its responsibilities during 
emergencies and in responding to public, media, and other stakeholder 
inquiries during events or conditions at licensees' facilities.

DATES: The comment period expires November 5, 2002. Comments received 
after this date will be considered if it is practical to do so, but the 
NRC is able to assure consideration only for comments received on or 
before this date.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, MD, between 
7:30 a.m. and 4:15 p.m. on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
Web site (http://ruleforum.llnl.gov). This site provides the capability 
to upload comments as files (any format) if your web browser supports 
that function. For information about the interactive rulemaking Web 
site, contact Ms. Carol Gallagher (301) 415-5905; e-mail [email protected].
    Certain documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. These same documents may also be viewed 
and downloaded electronically via the rulemaking Web site.
    The NRC maintains an Agencywide Document Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. These documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/reading-rm/ADAMS.html. If you do not have access to ADAMS or if there 
are problems in accessing the documents located in ADAMS, contact the 
NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-
415-4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Tony DiPalo, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6191, e-mail, 
[email protected].

[[Page 54361]]


SUPPLEMENTARY INFORMATION:

Background

    An advance notice of proposed rulemaking (ANPR) was published on 
July 23, 1998 (63 FR 39522), notifying the public that the NRC was 
considering amending its event notification reporting requirements. 
Although the ANPR was primarily directed at potential changes to power 
reactor event notification requirements in Secs. 50.72 and 50.73, the 
notice also requested public comments to identify areas where other 
event notification reporting requirements could be simplified and/or 
modified to be less burdensome and more risk informed. The issue of 
potential changes for other reporting requirements was included both in 
the agenda at a public meeting held on August 21, 1998, to discuss the 
ANPR, and for the public workshop on September 1, 1998, on Direction 
Setting Issue (DSI) 13, ``The Role of Industry.'' Pertinent suggestions 
were provided at those meetings as well as in written comments on the 
ANPR.
    In SECY-99-022, ``Rulemaking to Modify Reporting Requirements for 
Power Reactors'' (January 20, 1999), the NRC staff presented 
recommendations that had been made in public comments for changes to 
reporting requirements beyond those to Secs. 50.72 and 50.73, including 
the following:
     10 CFR 72.75 contains the requirement for a 4-hour report 
and 30-day written follow-up report. Revise this requirement to 8 hours 
and 60 days similar to changes proposed for Secs. 50.72 and 50.73.
     10 CFR 73.71 and Appendix G (Reportable Safeguards Events) 
to part 73 contain requirements for 1-hour reports. Amend these 
requirements to 8 hours and 60 days similar to changes proposed for 
Secs. 50.72 and 50.73.
    The Commission subsequently issued a final rule revising the event 
reporting requirements in Secs. 50.72, 50.73, and 72.216 (65 FR 63769; 
October 25, 2000), and directed the NRC staff to consider similar 
changes to the event notification requirements in parts 72 and 73 under 
a separate rulemaking. On March 27, 2001, the NRC staff submitted a 
rulemaking plan to the Commission, ``10 CFR parts 72 and 73--Conforming 
Requirements of Event Notification'' (SECY-01-0054), to revise the 
event notification reporting requirements in parts 72 and 73 to more 
closely align them with those of part 50 reactor facilities. On April 
18, 2001, the Commission approved the recommendations in SECY-01-0054 
to proceed with the development of a proposed rule to revise the event 
reporting requirements in parts 72 and 73.

Discussion

    This proposed rule would amend the NRC's regulations at 10 CFR part 
72 to change several event notification requirements that apply to an 
Independent Spent Fuel Storage Installation (ISFSI) and a Monitored 
Retrievable Storage (MRS) installation. The proposed rule would also 
amend safeguards event notification requirements that apply to 
facilities subject to part 73, such as reactor facilities, fuel cycle 
facilities, ISFSIs, an MRS, licensees who possess or transport special 
nuclear material or spent fuel, a geological repository operations 
area, and the gaseous diffusion plants. With respect to both the event 
notification requirements and the safeguards event notification 
requirements, the changes are intended to align these requirements with 
recent changes to the power reactor event notification requirements in 
part 50 made in a final rule issued on October 25, 2000 (65 FR 63769). 
The NRC evaluated the issues and concerns of the part 50 event 
notification reporting requirements and considered this regulatory 
framework as a basis for concluding that similar changes to the event 
notification reporting requirements in parts 72 and 73 were also 
warranted. The event reporting requirements of parts 72 and 73 affect 
both material licensees and nuclear power plant licensees. Most of the 
facilities subject to the event notification reporting requirements in 
parts 72 and 73 (power reactors and ISFSIs) are either physically co-
located with reactor facilities or are reactor facilities. Most part 72 
licensees are also part 50 licensees. These licensees share the same 
management structure and share the same emergency preparedness 
organization. Conforming the reporting requirements of part 72 with the 
revised requirements of part 50 thus will reduce regulatory burden and 
potential confusion, would maintain safety, and would take advantage of 
the work already performed to relate risk to reporting requirements for 
these types of facilities.
    With respect to the part 73 event notification requirements, the 
30-day period for submitting written follow-up reports for safeguards 
events should also be extended to 60 days to be consistent with 
Sec. 50.73. Changing the time limit from 30 days to 60 days does not 
imply that licensees should take longer than they previously did to 
develop and implement corrective actions. The NRC expects licensees to 
take corrective actions on a time scale commensurate with the safety 
significance of the issue. However, for those cases where it does take 
longer than thirty days to complete a root cause analysis, this change 
will result in fewer licensee event reports that require amendment by 
submittal of an amended report. The extension is based on simplicity 
for reporting, importance to risk, and having the required reporting 
time be consistent with the need for NRC action. Furthermore, the 
increased time for follow-up reporting would allow for the completion 
of required root cause analyses and engineering evaluations, and full 
identification of corrective actions after event discovery; preparation 
of more complete and accurate event reports; and fewer event report 
revisions and supplemental reports. However, the NRC believes the 
verbal safeguards event notification requirements should remain at 1 
hour because the NRC may need to respond expeditiously to licensee 
safeguards notifications and notify other licensees and Federal 
agencies of the event, particularly in light of the heightened threat 
environment after the terrorist attacks of September 11, 2001.
    Revising the parts 72 and 73 event notification reporting 
requirements to be consistent with those in part 50 would maintain 
safety and take advantage of the work already performed on the risk 
impacts of the event notification requirements for part 50 licensees. 
The revision of parts 72 and 73 would also reduce licensee burden 
through consolidation of some notifications and lengthening the 
reporting period for other notifications to correspond to the times 
required under part 50. The current event notification reporting 
requirements in part 50 require written notification within 60 days and 
verbal notification within 1 hour (emergency events), and within 1-
hour, 4-hours and 8-hours for some non-emergency events. The need for a 
4-hour versus an 8-hour non-emergency notification is based on the 
urgency of the situation and the NRC's need to take prompt action.
    Additionally, the NRC would remove Sec. 72.216, ``Reports.'' 
Section 72.216 does not contain separate requirements, but merely 
directs a part 72 general licensee to comply with the reporting 
requirements of Secs. 72.74 and 72.75. However, the need for this 
section was obviated with the addition of Sec. 72.13, 
``Applicability,'' to the part 72 regulations in a final rule issued on 
August 21, 2000 (65 FR 50606). Section 72.13 contains direction on the 
part 72 regulations that apply to specific licensees, general 
licensees, or certificate holders. Section 72.13(c) currently requires 
a general licensee to

[[Page 54362]]

comply with Secs. 72.74 and 72.75. Therefore, Sec. 72.216 is no longer 
needed and would be removed and reserved. In addition, Sec. 72.9 would 
be revised as a conforming change because of the removal of 
Sec. 72.216. Also, the reference to Sec. 72.19 would be removed from 
Sec. 72.9 because there is no Sec. 72.19 in part 72.
    The NRC believes that consideration of the proposed changes is 
consistent with two of NRC's strategic performance goals to reduce 
unnecessary regulatory burden on stakeholders and to increase public 
confidence in NRC's regulatory process to maintain safety.

Discussion of Proposed Amendments Section-by-Section

    This proposed rule would make several changes to the event 
notification reporting requirements in parts 72 and 73 that would align 
the event notification requirements for ISFSIs and MRS facilities and 
safeguards event notification requirements more closely with recent 
changes to Secs. 50.72 and 50.73. These changes would reduce licensee 
burden through the consolidation of some notifications and lengthening 
of reporting periods for others. Additionally, some new requirements 
would be added to permit the NRC to more effectively carry out its 
responsibilities during emergencies and in responding to public, media, 
and other stakeholder inquiries. Finally, some changes would be made to 
improve organization, clarification, and readability through the use of 
plain language.

10 CFR 72.9  Information collection requirements: OMB approval.

    Paragraph (a) would remain unchanged.
    Paragraph (b) would be revised to remove Secs. 72.19 and 72.216 as 
a conforming change.

10 CFR 72.75  Reporting requirements for specific events and 
conditions.

    Paragraph (a) would remain unchanged.
    Paragraph (b) would be split into two new paragraphs (b) and (c) 
for 4-hour and 8-hour notifications, respectively. In new paragraph 
(b), the existing 4-hour notification requirement remains unchanged for 
departing from a certificate condition or technical specification 
during an emergency (current paragraph (b)(4)); a new requirement would 
be added to notify the NRC when another Government agency is notified 
or a news release is planned to permit the NRC to promptly respond to 
public, media, and other stakeholder inquiries during events; and 
lastly, the current 4-hour notifications would be removed for events 
that require immediate action to avoid exposure or unplanned fires or 
explosions (current paragraphs (b)(1) and (b)(6)) because they are 
redundant with the requirements in paragraph (a) above.
    In new paragraph (c), the existing 4-hour event notifications would 
be changed to 8-hour notifications for a defect in any spent fuel 
storage structure, system, or component important to safety \1\ 
(current paragraph (b)(2)) a significant reduction in the effectiveness 
of any spent fuel storage confinement system in use (current paragraph 
(b)(3)), and an event that requires the transport of a radioactively 
contaminated person to an offsite medical facility for treatment 
(revision of paragraph (b)(5)). These changes reduce unnecessary 
licensee burden consistent with Part 50 event notification 
requirements.
---------------------------------------------------------------------------

    \1\ 10 CFR 72.3--Definitions. Structures, systems, and 
components important to safety means those features of the ISFSI, 
MRS, and spent fuel storage cask whose functions are: To maintain 
the conditions required to store spent fuel or high-level 
radioactive waste safely; to prevent damage to the spent fuel or the 
high-level radioactive waste container during handling and storage; 
or to provide reasonable assurance that spent fuel or high-level 
radioactive waste can be received, handled, packaged, stored, and 
retrieved without undue risk to the health and safety of the public.
---------------------------------------------------------------------------

    Existing paragraph (c) for 24-hour reports would be redesignated as 
paragraph (d) and revised as follows: The current notification would be 
retained for events in which equipment important to safety fails to 
function (current paragraph (c)(2)). The requirement for notification 
of unplanned contamination events requiring controls restricting worker 
access for greater than 24 hours would be removed because such an event 
occurring at an ISFSI or MRS does not rise to a level of significance 
that would warrant notification. Facilities that store and manipulate 
spent fuel assemblies are by their very nature subject to 
identification of contamination outside of posted radiological 
contamination control areas (i.e., hot particles). The NRC considers 
the identification, control, and decontamination of these areas a 
routine radiation protection function, not an event requiring NRC 
notification--even if it takes the licensee more than 24 hours to clean 
up the contamination. Furthermore, although these 24-hour verbal 
reports are due within 24 hours of the discovery of the event, their 
significance requires that this notification requirement would be 
revised to permit these notifications to be delayed to the next working 
day (i.e., 8 a.m. Eastern time) when the end of the 24-hour period 
falls outside of normal NRC working hours (7:30 a.m.-5 p.m. Eastern 
time), a weekend, or a Federal holiday.
    Current paragraph (d) would be split into three paragraphs and 
redesignated as new paragraphs (e), (f), and (g) (i.e., initial verbal 
notifications, follow-up verbal notifications, and written 
notifications) to provide greater clarity and consistency with part 50 
event notification requirements.
    In new paragraph (e), the current requirement would be retained to 
notify the NRC Operations Center by telephone of emergency and non-
emergency conditions (current paragraph (d)(1)). A new requirement 
would be added to identify the Emergency Class or the 4-hour, 8-hour, 
or 24-hour notification to eliminate confusion and facilitate NRC 
response to the emergency. The current requirement would remain 
unchanged to provide supporting information (current paragraphs 
(d)(1)(i) through (v)).
    In new paragraph (f), new requirements would be added for licensees 
to make follow-up notifications to immediately report degrading 
conditions, declaration of any Emergency Class, change of an Emergency 
Class, termination of the Emergency Class, the results of evaluations, 
the effectiveness of responses or protective measures, and information 
on unexpected ISFSI or MRS behavior. These added requirements would 
ensure that the information on a degrading condition or termination of 
the event is promptly communicated to the NRC. Consistent with current 
policy for reactor licensees, the NRC expects a part 72 licensee to 
make any follow-up notifications to the NRC as soon as possible, but no 
later than 1 hour from the time of identification. Additionally, a 
requirement would be added to maintain an open, continuous 
communication channel with the NRC Operations Center upon request by 
the NRC. This requirement would be consistent with the current part 50 
event reporting requirements and would ensure that during an ongoing 
emergency, the communications between the licensee and the NRC are not 
interrupted by the inability to complete a phone call when telephone 
circuits could be temporarily overloaded.
    In new paragraph (g), the current 30-day requirement would be 
revised to require that written reports be submitted within 60 days 
(current paragraph (d)(2)) reducing the occurrence of supplemental 
reports and licensee burden. The requirements for human performance 
events (current paragraphs

[[Page 54363]]

(d)(2)(i) through (d)(7), except (d)(2)(ii)(I)) would be revised to be 
consistent with currently revised Sec. 50.73(b)(2)(ii)(J). 
Additionally, in paragraph (g)(2)(xii) the requirement to specify the 
quantities and chemical and physical forms of the material involved in 
the event would be expanded to include reactor-related greater-than-
class-C (GTCC) waste because the Commission recently added authority to 
part 72 for the storage of reactor-related GTCC waste (see 66 FR 51823; 
October 11, 2001). Furthermore, a new requirement would be added on 
legibility of reports (new paragraph (g)(8)) to be consistent with the 
current Sec. 50.73(e).
    New paragraph (h) would be added to indicate that the Commission 
may require a licensee to submit supplemental information if this 
information is necessary for the NRC to obtain a complete understanding 
of an unusually complex or significant event.
    New paragraph (i) would be added to clarify that the requirements 
of Sec. 72.75 apply: after a specific part 72 license has been issued 
to an applicant; after a part 72 general licensee has first placed 
spent fuel on the ISFSI storage pad (if the ISFSI is located inside the 
reactor facility's collocated protected area) or when the spent fuel is 
being transferred outside of the reactor facility's protected area to 
the ISFSI storage pad (if the ISFSI storage pad is located outside of 
the reactor facility's protected area); and to non-emergency events 
that occurred within 3 years of the date of discovery. This paragraph 
would reduce licensee confusion on when the provisions of this section 
become applicable. The 3-year limitation would eliminate notifications 
for events that are no longer significant and would be consistent with 
the current Secs. 50.72 and 50.73.

10 CFR 72.216  Reports.

    This section would be removed and reserved because it is no longer 
needed.

10 CFR 73.71  Reporting of safeguards events.

    In paragraph (a)(4), the period for submitting written follow-up 
notifications would be extended from 30 days to 60 days. Changing the 
time limit from 30 days to 60 days does not imply that licensees should 
take longer than they previously did to develop and implement 
corrective actions. The NRC expects licensees to take corrective 
actions on a time scale commensurate with the safety significance of 
the issue. However, for those cases where it does take longer than 
thirty days to complete a root cause analysis, this change will result 
in fewer licensee event reports that require amendment by submittal of 
an amended report. The revision to the requirements for submission of 
written followup safeguards reports will not affect the NRC's ability 
to promptly respond to safeguards events, because the written reports 
are not relied upon by NRC staff for prompt response to significant 
events, but instead the reports are used for such followup actions as 
considering the need for enforcement action, evaluating whether a 
generic communication may be necessary, and evaluating the adequacy of 
existing NRC regulations and guidance. The extension is based on 
simplicity for reporting, importance to risk, and the required 
reporting time consistent with the need for prompt NRC action. 
Additionally the increased time for follow-up reporting would allow 
for: the completion of the required root cause analyses and engineering 
evaluations, and fully identify corrective actions after event 
discovery; preparation of more complete and accurate event reports; 
and, fewer event report revisions and supplemental reports, thus 
reducing unnecessary licensee burden. This proposed change would also 
be consistent with the Commission's actions in the final rule revising 
Sec. 50.73. In paragraph (d), the period for submitting written follow-
up notifications also would be extended from 30 to 60 days.

Appendix G to Part 73  Reportable Safeguards Events.

    As a conforming change to Sec. 73.71(a)(4), paragraph I of Appendix 
G to part 73 would also be revised to require that the period for 
submitting written follow-up notifications be extended from 30 days to 
60 days.

Criminal Penalties

    For the purpose of section 223 of the Atomic Energy Act (AEA), the 
Commission is proposing to amend 10 CFR parts 72 and 73 under one or 
more of sections 161b, 161i, or 161o of the AEA. Willful violations of 
the rule would be subject to criminal enforcement.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing,'' directed that the Government's 
writing be in plain language. The NRC requests comments on this 
proposed rule specifically with respect to the clarity and 
effectiveness of the language used. Comments should be sent to the 
address listed under the heading ADDRESSES above.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Pub. L. 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this proposed rule, the NRC would amend its regulations 
to change several event notification requirements for ISFSI and MRS 
facilities and safeguards event notification requirements to more 
closely align them with event notifications for reactor facilities. The 
changes would reduce licensee burden through the consolidation of some 
notifications and lengthening the reporting period for other 
notifications. Some new requirements would be added to permit the NRC 
to more effectively carry out its responsibilities during emergencies 
and in responding to public, media, and other stakeholder inquiries. 
This action does not constitute the establishment of a standard that 
establishes generally applicable requirements.

Environmental Impact: Categorical Exclusion

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

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction

[[Page 54364]]

Act of 1995 (44 U.S.C. 3501 et seq.) These information collection 
requirements have been submitted to the Office of Management and Budget 
(OMB) for approval. Existing requirements were approved by the OMB, 
approval numbers 3150-0002 and -0132.
    The burden to the public for these information collections in 10 
CFR parts 72 and 73 is estimated to average 24 hours per response for 
part 72 and 13 hours per response for part 73, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the information 
collections contained in the proposed rule and on the following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    Send comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden, to the 
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, or by Internet electronic mail at 
[email protected]; and to the Desk Officer, Office of Information 
and Regulatory Affairs, NEOB-10202, (3150-0002 and -0132), Office of 
Management and Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by September 23, 2002. Comments received 
after this date will be considered if it is practical to do so, but 
assurance of consideration cannot be given to comments received after 
this date.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    The Commission has prepared a draft regulatory analysis on this 
proposed regulation. The analysis examines the costs and benefits of 
the alternatives considered by the Commission.
    The Commission requests public comment on the draft regulatory 
analysis and is specifically requesting stakeholder input on: (1) The 
number of reports per year a typical licensee could be anticipated to 
make under these modified event reporting requirements, (2) the number 
of hours per report a typical licensee could be expected to expend in 
preparing and submitting these reports, and (3) the number of NRC staff 
hours that would be saved by extending the period for submitting 
written reports from 30 to 60 days.
    The regulatory analysis is available for inspection in the NRC 
Public Document Room, 11555 Rockville Pike, Rockville, MD, and in the 
NRC's interactive rulemaking Web site as described under the ADDRESSES 
heading. Single copies of the regulatory analysis may be requested from 
Tony DiPalo, telephone (301) 415-6191, e-mail, [email protected] of the 
Office of Nuclear Material Safety and Safeguards.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The majority of 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 
set out in regulations issued by the Small Business Administration at 
13 CFR part 121.

Backfit Analysis

    The Commission has determined that, as in the final rule 10 CFR 
parts 50 and 72, ``Reporting Requirements for Nuclear Power Reactors 
and Independent Spent Fuel Storage Installations at Power Reactor 
Sites,'' the backfit rule (10 CFR 50.109, 72.62) does not apply to 
information collection and reporting requirements such as those 
reporting requirements contained in this proposed rule. The proposed 
rule does not involve any provisions that would impose backfits as 
defined in the backfit rule. Thus, a backfit analysis is not required.

List of Subjects

10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistle blowing.

10 CFR Part 73

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

    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. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR parts 72 and 73.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR 
RELATED GREATER THAN CLASS C WASTE

    1. The authority citation for part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended; sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended; 202, 206, 88 
Stat. 1242, as amended; 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142 (b) and 148 (c), 
(d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162 
(b), 10168 (c), (d)). Section 72.46 also issued under sec. 189, 68 
Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 
(42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J 
also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 
97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec.133, 
98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 
U.S.C. 10198).


[[Page 54365]]


    2. In Sec. 72.9, paragraph (b) is revised to read as follows:


Sec. 72.9  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Secs. 72.7, 72.11, 72.16, 72.22 through 72.34, 
72.42, 72.44, 72.48 through 72.56, 72.62, 72.70 through 72.82, 72.90, 
72.92, 72.94, 72.98, 72.100, 72.102, 72.104, 72.108, 72.120, 72.126, 
72.140 through 72.176, 72.180 through 72.186, 72.192, 72.206, 72.212, 
72.218, 72.230, 72.232, 72.234, 72.236, 72.240, 72.242, 72.244, and 
72.248.
    3. Section 72.75 is revised to read as follows:


Sec. 72.75  Reporting requirements for specific events and conditions.

    (a) Emergency notifications. Each licensee shall notify the NRC 
Operations Center upon the declaration of an emergency as specified in 
the licensee's approved emergency plan addressed in Sec. 72.32 of this 
part. The licensee shall notify the NRC immediately after notification 
of the appropriate State or local agencies, but not later than one hour 
after the time the licensee declares an emergency.
    (b) Non-emergency notifications. Four-hour reports--Each licensee 
shall notify the NRC as soon as possible but not later than four hours 
after the discovery of any of the following events or conditions 
involving spent fuel, HLW, or reactor related GTCC waste;
    (1) An action taken in an emergency that departs from a condition 
or a technical specification contained in a license or certificate of 
compliance issued under this part when the action is immediately needed 
to protect the public health and safety, and no action consistent with 
license or certificate of compliance conditions or technical 
specifications that can provide adequate or equivalent protection is 
immediately apparent.
    (2) Any event or situation related to the health and safety of the 
public or onsite personnel, or protection of the environment, for which 
a news release is planned or notification to other government agencies 
has been or will be made. Such an event may include an onsite fatality 
or inadvertent release of radioactively contaminated materials.
    (c) Non-emergency notifications. Eight-hour reports. Each licensee 
shall notify the NRC as soon as possible but not later than eight hours 
after the discovery of any of the following events or conditions 
involving spent fuel, HLW, or reactor related GTCC waste;
    (1) A defect in any spent fuel storage structure, system, or 
component that is important to safety.
    (2) A significant reduction in the effectiveness of any spent fuel 
storage confinement system during use.
    (3) Any event requiring the transport of a radioactively 
contaminated person to an offsite medical facility for treatment.
    (d) Non-emergency notifications. 24-hour reports. Each licensee 
shall notify the NRC within 24 hours after the discovery of any of the 
following events involving spent fuel or HLW:
    (1) An event in which important to safety equipment is disabled or 
fails to function as designed when:
    (i) The equipment is required by regulation, license condition, or 
certificate of compliance to be available and operable to prevent 
releases that could exceed regulatory limits, to prevent exposures to 
radiation or radioactive materials that could exceed regulatory limits, 
or to mitigate the consequences of an accident; and
    (ii) No redundant equipment was available and operable to perform 
the required safety function.
    (2) For notifications made under this paragraph, the licensee may 
delay the notification to the NRC if the end of the 24-hour period 
occurs outside of the NRC's normal working day (i.e., 7:30 a.m. to 5 
p.m. Eastern time), on a weekend, or a Federal holiday. In these cases, 
the licensee shall notify the NRC before 8 a.m. Eastern time on the 
next working day.
    (e) Initial notification. Reports made by licensees in response to 
the requirements of this section must be made as follows:
    (1) Licensees shall make reports required by paragraphs (a), (b), 
(c), or (d) of this section by telephone to the NRC Operations 
Center.\2\
---------------------------------------------------------------------------

    \2\ The commercial telephone number of the NRC Operations Center 
is (301) 816-5100. Those licensees with an available Emergency 
Notification System (ENS) shall use the ENS to notify the NRC 
Operations Center.
---------------------------------------------------------------------------

    (2) When making a report under paragraphs (a), (b), (c), or (d) of 
this section, the licensee shall identify:
    (i) The Emergency Class declared; or
    (ii) Paragraph (b), ``four-hour reports,'' paragraph (c), ``eight-
hour reports,'' or paragraph (d), ``24-hour reports,'' as the paragraph 
of this section requiring notification of the non-emergency event.
    (3) To the extent that the information is available at the time of 
notification, the information provided in these reports must include:
    (i) The caller's name and call back telephone number;
    (ii) A description of the event, including date and time;
    (iii) The exact location of the event;
    (iv) The quantities and chemical and physical forms of the spent 
fuel, HLW, or reactor-related GTCC waste; and
    (v) Any personnel radiation exposure data.
    (f) Follow-up notification. With respect to the telephone 
notifications made under paragraphs (a), (b), or (c) of this section, 
in addition to making the required initial notification, each licensee 
shall during the course of the event:
    (1) Immediately report any further degradation in the level of 
safety of the ISFSI or MRS or other worsening conditions, including 
those that require the declaration of any of the Emergency Classes, if 
such a declaration has not been previously made; or any change from one 
Emergency Class to another; or a termination of the Emergency Class.
    (2) Immediately report the results of ensuing evaluations or 
assessments of ISFSI or MRS conditions; the effectiveness of response 
or protective measures taken; and information related to ISFSI or MRS 
behavior that is not understood.
    (3) Maintain an open, continuous communication channel with the NRC 
Operations Center upon request by the NRC.
    (g) Preparation and submission of written reports. Each licensee 
who makes an initial notification required by paragraphs (a), (b), (c), 
or (d) of this section shall also submit a written follow-up report to 
the Commission within 60 days of the initial notification. Written 
reports prepared pursuant to other regulations may be submitted to 
fulfill this requirement if the reports contain all the necessary 
information and the appropriate distribution is made. These written 
reports must be submitted to the NRC, in accordance with Sec. 72.4. 
These reports must include the following information:
    (1) A brief abstract describing the major occurrences during the 
event, including all component or system failures that contributed to 
the event and significant corrective action taken or planned to prevent 
recurrence;
    (2) A clear, specific, narrative description of the event that 
occurred so that knowledgeable readers conversant with the design of an 
ISFSI or MRS, but not familiar with the details of a particular 
facility, can understand the complete event. The narrative description 
must include the following specific information as appropriate for the 
particular event:
    (i) The ISFSI or MRS operating conditions before the event;

[[Page 54366]]

    (ii) The status of structures, components, or systems that were 
inoperable at the start of the event and that contributed to the event;
    (iii) The dates and approximate times of occurrences;
    (iv) The cause of each component or system failure or personnel 
error, if known;
    (v) The failure mode, mechanism, and effect of each failed 
component, if known;
    (vi) A list of systems or secondary functions that were also 
affected for failures of components with multiple functions;
    (vii) For wet spent fuel storage systems only, after the failure 
that rendered a train of a safety system inoperable, an estimate of the 
elapsed time from the discovery of the failure until the train was 
returned to service;
    (viii) The method of discovery of each component or system failure 
or procedural error;
    (ix) For each human performance related root cause, the licensee 
shall discuss the cause(s) and circumstances;
    (x) For wet spent fuel storage systems only, any automatically and 
manually initiated safety system responses;
    (xi) The manufacturer and model number (or other identification) of 
each component that failed during the event;
    (xii) The quantities and chemical and physical forms of the spent 
fuel, HLW, or reactor-related GTCC waste;
    (3) An assessment of the safety consequences and implications of 
the event. This assessment must include the availability of other 
systems or components that could have performed the same function as 
the components and systems that failed during the event;
    (4) A description of any corrective actions planned as a result of 
the event, including those to reduce the probability of similar events 
occurring in the future;
    (5) Reference to any previous similar events at the same facility 
that are known to the licensee;
    (6) The name and telephone number of a person within the licensee's 
organization who is knowledgeable about the event and can provide 
additional information concerning the event and the facility's 
characteristics;
    (7) The extent of exposure of individuals to radiation or to 
radioactive materials without identification of individuals by name;
    (8) The reports submitted under the provisions of this section must 
be of sufficient quality to permit legible reproduction and optical 
scanning.
    (h) Supplemental information. The Commission may require the 
licensee to submit specific additional information beyond that required 
by paragraph (g) of this section if the Commission finds that 
supplemental material is necessary for complete understanding of an 
unusually complex or significant event. These requests for supplemental 
information will be made in writing, and the licensee shall submit, as 
specified in Sec. 72.4, the requested information as a supplement to 
the initial written report.
    (i) Applicability. The requirements of this section apply to--
    (1)(i) Licensees issued a specific license under Sec. 72.40; and
    (ii) Licensees issued a general license under Sec. 72.210, after 
the licensee has placed spent fuel on the ISFSI storage pad (if the 
ISFSI is located inside the collocated protected area, for a reactor 
licensed under part 50 of this chapter) or after the licensee has 
transferred spent fuel waste outside the reactor licensee's protected 
area to the ISFSI storage pad (if the ISFSI is located outside the 
collocated protected area, for a reactor licensed under part 50 of this 
chapter).
    (2) Those non-emergency events specified in paragraphs (b), (c), 
and (d) of this section that occurred within 3 years of the date of 
discovery


Sec. 72.216  [Removed and Reserved]

    4. Section 72.216 is removed and reserved.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    5. The authority citation for 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).

    6. In Sec. 73.71, paragraph (a)(4) and (d) are revised to read as 
follows:


Sec. 73.71  Reporting of safeguards events.

    (a) * * *
    (4) The initial telephonic notification must be followed within 60 
days by a written report submitted to the U.S. Nuclear Regulatory 
Commission, Attn: Document Control Desk, Washington, DC 20555-0001. The 
licensee shall also submit one copy to the appropriate NRC Regional 
Office listed in appendix A to this part. The report must include 
sufficient information for NRC analysis and evaluation.
* * * * *
    (d) Each licensee shall submit to the Commission the 60-day written 
reports required under the provisions of this section that are of a 
quality that 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.
* * * * *
    7. In Appendix G to Part 73, the introductory sentence in paragraph 
I is revised to read as follows:

Appendix G to Part 73--Reportable Safeguards Events

* * * * *
    I. Events to be reported within one hour of discovery, followed by 
a written report within 60 days.
* * * * *

    Dated at Rockville, Maryland, this 6th day of August, 2002.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-21414 Filed 8-21-02; 8:45 am]
BILLING CODE 7590-01-P