[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Rules and Regulations]
[Pages 33611-33617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14168]



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  Federal Register / Vol. 68, No. 108 / Thursday, June 5, 2003 / Rules 
and Regulations  

[[Page 33611]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 72 and 73

RIN 3150-AG90


Event Notification Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its event 
notification regulations that apply to an Independent Spent Fuel 
Storage Installation (ISFSI) and to a Monitored Retrievable Storage 
(MRS) installation. The final rule will also amend safeguards event 
notification requirements that apply to facilities 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 gaseous diffusion plants. 
Some changes will reduce licensee burden by consolidating some 
notifications and lengthening, where appropriate, the reporting period 
for other notifications. These changes will not impact public health 
and safety. New requirements will 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. These changes will also 
align the standards for both the event notification requirements and 
the safeguards event notification requirements with previous changes 
made to the power reactor event notification requirements.

EFFECTIVE DATE: This final rule is effective on October 3, 2003.

FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, [telephone (301) 415-6196, e-mail, 
[email protected]].

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 10 CFR 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.
    In SECY-99-022, ``Rulemaking to Modify Reporting Requirements for 
Power Reactors'' (January 20, 1999), the NRC staff presented 
recommendations for changes to reporting requirements beyond those to 
Sec. Sec.  50.72 and 50.73, including the following:
    [sbull] 10 CFR 72.75 (Reporting requirements for specific events 
and conditions) 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 Sec. Sec.  50.72 and 50.73.
    [sbull] 10 CFR 73.71 (Reporting of safeguards events) and 10 CFR 
part 73, Appendix G (Reportable safeguards events) contain requirements 
for 1-hour reports. Amend these requirements to 8 hours and 60 days 
similar to changes proposed for Sec. Sec.  50.72 and 50.73.
    The Commission subsequently issued a final rule revising the event 
reporting requirements in Sec. Sec.  50.72, 50.73, and 72.216 (65 FR 
63769; October 25, 2000), and directed the NRC staff to consider, under 
a separate rulemaking, similar changes to the event notification 
requirements in 10 CFR parts 72 (Licensing Requirements for the 
Independent Storage of Spent Nuclear Fuel, High-Level Radioactive 
Waste, and Reactor-Related Greater Than Class C Waste) and 10 CFR part 
73 (Physical Protection of Plants and Materials).

Proposed Rule

    The NRC published the proposed rule, ``Event Notification 
Requirements'' in the Federal Register on August 22, 2002 (67 FR 
54360). The comment period closed on November 5, 2002. The NRC received 
four comment letters on the proposed rule. These comments and responses 
are discussed in the ``Public Comments on the Proposed Rule'' section.
    On September 6, 2002, the NRC published a proposed rule (67 FR 
57120) and a concurrent direct final rule (67 FR 57084) on ``Electronic 
Maintenance and Submission of Information.'' This rulemaking would have 
revised, in part, Sec.  73.71(a)(4). On December 4, 2002 (67 FR 72091), 
the NRC published a notice withdrawing the direct final rule, because 
the agency had received significant adverse comments on the proposed 
rule. However, no comments were received on either the specific changes 
to Sec.  73.71(a)(4) proposed by 67 FR 57120 or the changes to Sec.  
73.71(a)(4) proposed by 67 FR 54360. Accordingly, the NRC is 
consolidating these proposed rules, with respect to Sec.  73.71(a)(4), 
in this final rule. The consolidated changes to Sec.  73.71(a)(4) are 
described in the section-by-section changes below.

Discussion and Regulatory Action

    This final rule will amend the NRC's regulations at 10 CFR part 72 
to change several event notification requirements that apply to 
Independent Spent Fuel Storage Installations (ISFSIs) and Monitored 
Retrievable Storage (MRS) installations. The final rule will also amend 
safeguards event notification requirements that apply to facilities 
subject to 10 CFR part 73, such as reactor facilities, fuel cycle 
facilities, ISFSIs, MRSs, licensees who possess or transport special 
nuclear material or spent fuel, a geological repository operations 
area, and the gaseous diffusion plants. The NRC evaluated the issues 
and concerns of the Sec. Sec.  50.72 and 50.73 event notification 
reporting requirements and considered this regulatory framework as a 
basis for concluding that similar changes to the event notification 
reporting requirements in 10 CFR parts 72 and 73 are also warranted. 
The event reporting requirements of 10 CFR 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 
10 CFR parts 72 and 73 (power reactors and ISFSIs) are either 
physically co-

[[Page 33612]]

located with reactor facilities or are reactor facilities. Most 10 CFR 
part 72 licensees also hold a 10 CFR part 50 (Domestic Licensing of 
Production and Utilization Facilities) license. These licensees share 
the same management structure and share the same emergency preparedness 
organization. Thus, conforming the reporting requirements of 10 CFR 
part 72 with the revised requirements of 10 CFR part 50 will reduce 
regulatory burden and potential confusion, will maintain safety, and 
will take advantage of the work already performed to relate risk to 
reporting requirements for these types of facilities.
    The NRC is removing Sec.  72.216, ``Reports.'' Section 72.216 does 
not contain separate requirements, but merely directs a 10 CFR part 72 
general licensee to comply with the reporting requirements of 
Sec. Sec.  72.74 and 72.75. The addition of Sec.  72.13, 
``Applicability,'' to the 10 CFR part 72 regulations in a final rule 
issued on August 21, 2000 (65 FR 50606), eliminated the need for this 
section. Section 72.13 contains direction on the 10 CFR part 72 
regulations that apply to specific licensees, general licensees, or 
certificate holders. Section 72.216, paragraphs (a) and (b) were 
removed and reserved in a previous rulemaking (65 FR 63788; October 25, 
2000). Paragraph (c) currently requires a general licensee to comply 
with Sec. Sec.  72.74 and 72.75. Therefore, Sec.  72.216 is no longer 
needed and will be removed and reserved, in its entirety. In addition, 
Sec.  72.9 is revised as a conforming change because of the removal of 
Sec.  72.216. Also, the reference to Sec.  72.19 is removed from Sec.  
72.9 because there is no Sec.  72.19 in 10 CFR part 72.
    With respect to the 10 CFR part 73 event notification requirements, 
the 30-day period for submitting written follow-up reports for 
safeguards events will 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 timely corrective actions commensurate with the safety 
significance of the issue. 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 will more likely allow for the completion 
of required root cause analyses, 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 current threat 
environment after the terrorist attacks of September 11, 2001.
    Revising the 10 CFR parts 72 and 73 event notification reporting 
requirements to be consistent with those in 10 CFR part 50 will 
maintain safety and take advantage of the work already performed on the 
risk impacts of the event notification requirements for 10 CFR part 50 
licensees. The revision of 10 CFR parts 72 and 73 will also reduce 
licensee burden through consolidation of some notifications and 
lengthening the reporting period for other notifications to correspond 
to the times required under 10 CFR part 50. The current event 
notification reporting requirements in 10 CFR 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.

Public Comments on the Proposed Rule

    This analysis presents a summary of the comments received on the 
proposed rule, the NRC's response to the comments, and changes made to 
the final rule as a result of these comments.
    The NRC received four comment letters on the proposed rule. Two 
were from the nuclear industry (Strategic Teaming and Resource Sharing 
(STARS) and the Nuclear Energy Institute (NEI)), one from the Idaho 
National Engineering and Environmental Laboratory (INEEL), and one from 
the Florida Department of Environmental Health. Copies of the public 
comments are available for review in the NRC Public Document Room, 
11555 Rockville Pike, Rockville, MD.
    In general, none of the commenters were opposed to amending the 
regulations to make the ISFSI and MRS event notification requirements 
and the safeguards event notification requirements consistent with 
changes to the power reactor event notification requirements. Several 
of the commenters provided specific recommendations to improve the 
final rule. The NRC is also making some clarifications for consistency 
and editorial changes in the final rule.
    Comment 1: Three of the four commenters stated that they support 
the proposed rule change and the fourth (State of Florida) found that 
the proposed change is consistent with their existing Florida Coastal 
Management Program. INEEL, a national laboratory (and an NRC ISFSI 
licensee), also stated that the proposed changes to 10 CFR parts 72 and 
73 are welcomed and as currently described will not be difficult to 
implement.
    Response: The NRC is not making any changes to the final rule that 
the NRC believes would negate the support for this rulemaking.
    Comment 2: The two industry commenters (STARS and NEI) indicated 
that certain events that require verbal notification under Sec.  50.72 
do not require follow-up written notifications under Sec.  50.73. The 
commenters suggested a similar approach be taken in Sec.  72.75. 
Specifically, written follow-up notification need not be submitted for 
an emergency declaration [paragraph (a)], issuance of a press release 
or notification of another Government agency [paragraph b(2)], or 
transportation of a radioactively contaminated individual to an offsite 
medical facility for treatment [paragraph c(3)].
    Response: The NRC agrees with the comments. The Commission has 
previously concluded and affirmed in its 10 CFR part 50 rulemaking (65 
FR 63769; October 25, 2000), that written follow-up notifications are 
not required for reactor licensees who make verbal event notifications 
relating to the declaration of an emergency, issuance of a press 
release, notification to another Government agency, or transportation 
of a radioactively contaminated individual to an offsite medical 
facility for treatment.
    Verbal and written notification requirements serve different 
purposes. A written follow-up notification provides a detailed analysis 
by the licensee of a reportable event (e.g., identification of root 
causes and identification of corrective action to prevent recurrence). 
The written analysis provides the NRC an opportunity to perform review 
and analysis as resources are available and to perform reviews for 
generic issues. In contrast, verbal notifications serve to alert the 
NRC of an event that may require immediate NRC response and 
mobilization of NRC and other Government resources. Consequently, 
written follow-up notification of some types of events do not add any 
value to the NRC's understanding of the event. For example, the NRC's 
goal is to be able to promptly respond to public or

[[Page 33613]]

media inquires if a licensee issues a press release or transports an 
injured worker, who is also contaminated, to an offsite facility for 
treatment. Sixty days after such an event, the NRC is not likely to 
receive inquires requiring an immediate response.
    With respect to emergency declarations, the NRC is already 
following the event closely and event notifications are sometimes 
retracted (i.e., the licensee makes an initial conservative judgement, 
that upon further review is determined to be unnecessary). Therefore, a 
written follow-up notification would be both unnecessary and 
burdensome. Additionally, the absence of a written follow-up 
requirement on the declaration of an emergency does not obviate the 
licensee's responsibility in submitting a written follow-up event 
report based upon other Sec.  72.75 criteria (which may have been the 
initiating cause that led to the emergency declaration).
    Accordingly, the first sentence in the introductory paragraph to 
Sec.  72.75(g) is revised to exempt verbal notifications made under 
Sec. Sec.  72.75(a), (b)(2), and (c)(3) from the requirement for 
follow-up written notifications.
    Comment 3: INEEL recommended that Sec. Sec.  72.75(e)(3)(iv) and 
72.75(g)(2)(xii) be modified to add at the end of the sentences in each 
of these sections the words ``affected by the event.'' The commenter 
believes that information provided to the NRC should be limited to the 
quantities and chemical and physical forms of the spent fuel, high-
level waste (HLW), or reactor-related greater than Class C (GTCC) waste 
involved in the event, rather than the licensee's entire inventory.
    Response: The NRC agrees with the intent of the commenter. The 
wording in the proposed rule for Sec.  72.75(e)(3)(iv) and (g)(2)(xii) 
inadvertently left off the word ``involved.'' This word is used in the 
existing Sec.  72.75(d)(1)(iv). Accordingly, Sec.  72.75(e)(3)(iv) and 
(g)(2)(xii) are revised to include the phrase ``involved in the 
event.''
    Comment 4: INEEL recommended that Sec.  72.75(g)(8) be deleted, 
because it is a characteristic of the information provided in the 
written report, and not part of the report's content. The commenter 
suggested that Sec.  72.75(g)(8) of the proposed rule be moved to the 
last sentence of Sec.  72.75(g), ``Preparation and submission of 
written reports.''
    Response: The NRC agrees with the comment. The second to last 
sentence of the introductory paragraph of Sec.  72.75(g) is revised to 
incorporate legibility requirements and Sec.  72.75(g)(8) is removed.

Section-by-Section Changes

    The following section is provided to assist the reader in 
understanding the specific changes made to each section or paragraph in 
10 CFR parts 72 and 73. For clarity of content in reading a section, 
much of that particular section may be repeated, although only a minor 
change is being made. This section should allow the reader to 
effectively review the specific changes without reviewing existing 
material that has been included for content, but has not been 
significantly changed.
    In Sec.  72.9, paragraph (b) is revised to remove Sec. Sec.  72.19 
and 72.216 as a conforming change.
    Current Sec.  72.75(b) is split into two new paragraphs, Sec.  
72.75(b) and (c) for 4-hour and 8-hour notifications, respectively. In 
new Sec.  72.75(b), the existing 4-hour notification requirement 
remains unchanged for departing from a certificate condition or 
technical specification during an emergency (current Sec.  
72.75(b)(4)); a new requirement is 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 the current 4-hour notification is removed 
for events that require immediate action to avoid exposure or unplanned 
fires or explosions (current Sec.  72.75(b)(1) and (b)(6)) because 
these notifications are redundant with the requirements in Sec.  
72.75(a).
    In new Sec.  72.75(c), the existing 4-hour event notifications are 
changed to an 8-hour notification for (1) a defect in any spent fuel, 
high-level radioactive waste, or reactor-related GTCC waste storage 
structure, system, or component important to safety \1\ (current 
paragraph 72.75(b)(2)); (2) a significant reduction in the 
effectiveness of any spent fuel, high-level radioactive waste, or 
reactor-related GTCC storage confinement system in use (current Sec.  
72.75(b)(3)); and (3) an event that requires the transport of a 
radioactively contaminated person to an offsite medical facility for 
treatment (revision of current Sec.  72.75(b)(5)).
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    \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--(1) To 
maintain the conditions required to store spent fuel, high-level 
radioactive waste, or reactor-related GTCC waste safely; (2) To 
prevent damage to the spent fuel, the high-level radioactive waste, 
or reactor-related GTCC waste container during handling and storage; 
or (3) To provide reasonable assurance that spent fuel, high-level 
radioactive waste, or reactor-related GTCC waste can be received, 
handled, packaged, stored, and retrieved without undue risk to the 
health and safety of the public.
---------------------------------------------------------------------------

    Current Sec.  72.75(c) for 24-hour reports is redesignated as Sec.  
72.75(d) and revised as follows: The current notification is retained 
for events in which equipment important to safety fails to function 
(current Sec.  72.75(c)(2)). The requirement for notification of 
unplanned contamination events requiring controls restricting worker 
access for greater than 24 hours is 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 
relative lack of significance allows that this notification requirement 
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 Sec.  72.75(d) is split into three paragraphs and 
redesignated as new paragraphs (e), (f), and (g) (i.e., initial 
notification, follow-up notification, and preparation and submission of 
written reports) to provide greater clarity and consistency with 
Sec. Sec.  50.72 and 50.73 event notification requirements.
    In new Sec.  72.75(e), the current requirement is retained to 
notify the NRC Headquarters Operations Center by telephone of emergency 
and non-emergency conditions [current Sec.  72.75(d)(1)]. A new 
requirement is added to identify the Emergency Class declared or the 
respective paragraph of Sec.  72.75 under which either a 4-hour, 8-
hour, or 24-hour notification is being made. This notice will reduce 
confusion and facilitate NRC response to the emergency. The current 
requirement remains unchanged to provide supporting information 
[current Sec.  72.75(d)(1)(i) through (v)]. Additionally, Sec.  
72.75(e)(3)(iv) is revised to include the words ``involved in the 
event'' to clarify the scope of the affected material that the licensee 
needs to describe.

[[Page 33614]]

    In new Sec.  72.75(f), new requirements are added for licensees to 
immediately make follow-up notifications to 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 will 
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 10 CFR 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 is added to maintain an open, continuous communication 
channel with the NRC Headquarters Operations Center upon request by the 
NRC. This requirement is consistent with the current 10 CFR part 50 
event reporting requirements and ensures 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 Sec.  72.75(g), the current 30-day requirement is revised to 
require that written reports be submitted within 60 days [current Sec.  
72.75(d)(2)] to reduce the occurrence of supplemental reports and 
licensee burden. The requirements for human performance events [current 
Sec.  72.75(d)(2)(i) through (d)(7), except Sec.  72.75(d)(2)(ii)(I)] 
are revised to be consistent with currently revised Sec.  
50.73(b)(2)(ii)(J). The first sentence of the introductory paragraph of 
Sec.  72.75(g) is revised to exclude events reported under Sec.  
72.75(a), (b)(2), and (c)(3) from the written follow-up notification 
requirements. The second to the last sentence in the introduction of 
Sec.  72.75(g) is revised to incorporate legibility requirements for 
the written notifications.
    New Sec.  72.75(h) is 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 Sec.  72.75(i) is added to clarify that the requirements of 
Sec.  72.75 apply (1) after a specific 10 CFR part 72 license has been 
issued to an applicant; (2) after a 10 CFR part 72 general licensee has 
first placed spent fuel on the ISFSI storage pad (if the ISFSI is 
located inside the reactor facility's protected area) or when the spent 
fuel is being transferred outside of the reactor facility's protected 
area to an ISFSI storage pad (if the ISFSI storage pad is located 
outside of the reactor facility's protected area); and (3) to non-
emergency events that occurred within 3 years of the date of discovery. 
This paragraph will reduce licensee confusion about when the provisions 
of this section become applicable. The 3-year limitation will eliminate 
notifications for events that are no longer significant and will be 
consistent with the current Sec. Sec.  50.72 and 50.73.
    Section 72.216 (Reports) is removed and reserved because it is no 
longer needed.
    In Sec.  73.71, paragraph (a)(4) is revised to extend the period 
for submitting written safeguards event notifications from 30 days to 
60 days. In addition, the filing location and method are revised to 
require written safeguards event notifications to be submitted in 
accordance with Sec.  73.4. A copy of the notification must also be 
provided to the Director, Division of Nuclear Security, Office of 
Nuclear Security and Incident Response, in addition to the Director of 
the NRC program office responsible for the license (as specified in 
Sec.  73.4).
    In Sec.  73.71, paragraph (d) is revised to extend the period for 
submitting written safeguards event notifications from 30 days to 60 
days.
    10 CFR part 73, Appendix G, Paragraph I, is revised to extend the 
period for submitting written safeguards event notifications from 30 
days to 60 days.

Criminal Penalties

    For the purpose of Section 223 of the Atomic Energy Act (AEA), the 
Commission is issuing the final rule 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 will 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

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 final rule, the NRC is amending 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. 
This action does not constitute the establishment of a standard that 
establishes generally-applicable requirements and the use of a 
voluntary consensus standard is not applicable.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final 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 final rule.

Paperwork Reduction Act Statement

    This final rule amends information collection requirements 
contained in 10 CFR parts 72 and 73 that are subject to the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These requirements were 
approved by the Office of Management and Budget (OMB), approval numbers 
3150-0132 and 3150-0002.
    The burden to the public for the information collections in 10 CFR 
part 72 is estimated to average 1 hour per response, and the burden for 
the information collections in 10 CFR part 73 is estimated to be 
reduced an average 6 hours per response. There is also an annualized 
(over three years) implementation burden for 10 CFR part 72 of 700 
hours (33.3 hours per licensee) and for 10 CFR part 73 of 2720 hours 
(13.5 hours per licensee). This includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection.

[[Page 33615]]

    Send comments on any aspect of these 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 to 
[email protected]; and to the Desk Officer, Office of Information 
and Regulatory Affairs, NEOB-10202, (3150-0132 and -0002), Office of 
Management and Budget, Washington, DC 20503.

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 final Regulatory Analysis on this 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the Commission. The analysis is available 
for inspection in the NRC Public Document Room, 11555 Rockville Pike, 
Rockville, MD. Single copies of the regulatory analysis are available 
from Mark Haisfield, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-6196, e-mail, [email protected].

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. 
The majority of companies that own these facilities 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 NRC 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, 10 CFR 70.76, 10 CFR 72.62, and 10 CFR 
76.76) does not apply to information collection and reporting 
requirements such as those reporting requirements contained in this 
final rule. A backfit analysis is not required because this final rule 
does not involve any provisions that would impose backfits as defined 
in the backfit 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

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.

0
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 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

0
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).

0
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 Sec. Sec.  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.

0
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 
Headquarters Operations Center upon the declaration of an emergency as 
specified in the licensee's approved emergency plan addressed in Sec.  
72.32. 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

[[Page 33616]]

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, HLW, or reactor-related GTCC waste 
storage structure, system, or component that is important to safety.
    (2) A significant reduction in the effectiveness of any spent fuel, 
HLW, or reactor-related GTCC waste 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, HLW, or reactor-related GTCC 
waste:
    (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 5:00 
p.m. Eastern time), on a weekend, or a Federal holiday. In these cases, 
the licensee shall notify the NRC before 8:00 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 Headquarters 
Operations Center.\2\
---------------------------------------------------------------------------

    \2\ The commercial telephone number of the NRC Headquarters 
Operations Center is (301) 816-5100. Those licensees with an 
available Emergency Notification System (ENS) shall use the ENS to 
notify the NRC Headquarters 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 involved in the event; and
    (v) Any personnel radiation exposure data.
    (f) Follow-up notification: With respect to the telephone 
notifications made under paragraphs (a), (b), (c) or (d) 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 
Headquarters Operations Center upon request by the NRC.
    (g) Preparation and submission of written reports. Each licensee 
who makes an initial notification required by paragraphs (b)(1), 
(c)(1), (c)(2), or (d)(1) 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 of sufficient quality to permit legible 
reproduction and optical scanning and 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;
    (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; and
    (xii) The quantities and chemical and physical forms of the spent 
fuel, HLW, or reactor-related GTCC waste involved in the event;
    (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

[[Page 33617]]

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; and
    (7) The extent of exposure of individuals to radiation or to 
radioactive materials without identification of individuals by name.
    (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  [Reserved]

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4. Section 72.216 is removed and reserved.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
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).


0
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 a 
period of 60 days by a written report submitted to the NRC by an 
appropriate method listed in Sec.  73.4. In addition to the addressees 
specified in Sec.  73.4, the licensee shall also provide one copy of 
the written report addressed to the Director, Division of Nuclear 
Security, Office of Nuclear Security and Incident Response. 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.
* * * * *

0
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 15th day of May, 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-14168 Filed 6-4-03; 8:45 am]
BILLING CODE 7590-01-P