[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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Rules and Regulations
Federal Register
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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.
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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.
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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).
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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.
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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\
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\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.
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(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
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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).
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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.
* * * * *
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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