[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57721-57725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22866]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 70
[NRC-2010-0271]
RIN 3150-AJ34
Domestic Licensing of Special Nuclear Material--Written Reports
and Clarifying Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations related to reportable safety events involving special
nuclear material. This rule increases the time licensees are allowed to
submit a written follow-up report from within 30 days to within 60 days
after the initial report of an event, updates the reporting framework
for certain situations, and removes redundant reporting requirements.
These amendments affect a licensee or an applicant that is, or plans to
be, authorized to possess greater than a critical mass of special
nuclear material. This action resulted from a petition for rulemaking
(PRM)
[[Page 57722]]
received by the NRC (PRM-70-8). As a result of this direct final rule,
the NRC's ``FCSS [Fuel Cycle Safety and Safeguards] Interim Staff
Guidance-12, Revision 1, 10 CFR [Title 10 of the Code of Federal
Regulations] Part 70--Reportable Safety Events'' contains minor
editorial updates that reflect the amendments.
DATES: This final rule is effective January 26, 2015, unless a
significant adverse comment is received by October 27, 2014. If the
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC staff is able to ensure consideration only for
comments received on or before this date.
ADDRESSES: Please refer to Docket ID NRC-2010-0271 when contacting the
NRC about the availability of information for this final rule. You may
access publicly-available information related to this final rule by any
of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0271. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this final rule.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced. The NRC's ``FCSS Interim Staff Guidance-
12, Revision 1, 10 CFR Part 70, Appendix A--Reportable Safety Events''
will be available in the NRC's ADAMS (ML14157A067).
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Keith McDaniel, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5252; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Procedural Background
II. Background
III. Discussion
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Environmental Impact: Categorical Exclusion
X. Paperwork Reduction Act Statement
XI. Congressional Review Act
XII. Compatibility of Agreement State Regulations
XIII. Voluntary Consensus Standards
I. Procedural Background
Because the NRC considers this action to be non-controversial, the
NRC is using the ``direct final rule process'' for this rule. The
amendment to the rule will become effective on January 26, 2015.
However, if the NRC receives a significant adverse comment on this
direct final rule by October 27, 2014, then the NRC will publish a
document that withdraws this action and will subsequently address the
comments received in a final rule as a response to the companion
proposed rule published in the Proposed Rule section of this issue of
the Federal Register. Absent significant modifications to the proposed
revisions requiring republication, the NRC will not initiate a second
comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rule section of this
issue of the Federal Register.
II. Background
This rulemaking resulted from a petition for rulemaking (PRM-70-8,
ADAMS Accession No. ML091110449), dated April 16, 2009, filed by the
Nuclear Energy Institute (the petitioner). The petitioner requested
that the NRC amend its regulations to clarify safety event reporting
requirements in appendix A of part 70 of Title 10 of the Code of
Federal Regulations (10 CFR). The NRC published the notice of
resolution and closure of the petition in the Federal Register on
October 18, 2010, (75 FR 63725) informing the public that the NRC would
consider five of the nine issues raised in the petition in the
rulemaking process. One of the five issues was addressed in a
miscellaneous administrative rulemaking that was published November 30,
2010, (75 FR 73935). The remaining four issues are the subject of this
rulemaking.
III. Discussion
This rulemaking addresses four issues that were raised in PRM-70-8
regarding changes to appendix A to 10 CFR part 70. Paragraph (a) of
appendix A lists five events that must be reported to the NRC
Operations Center within 1 hour of discovery. Paragraph (b) of appendix
A lists five events that must be reported to the NRC Operations Center
within 24 hours of discovery.
Two issues involve revising the number of days that are allowed for
a licensee to submit the written follow-up report from within 30 days
to within 60 days after the initial report of an event. The third issue
involves removing paragraph (b)(5) of appendix A on the grounds that it
is redundant to the requirements in paragraph (b)(1) of appendix A. The
final issue involves removing the reporting requirements in paragraph
(a)(5) of appendix A. The NRC's ``FCSS Interim Staff Guidance-12,
Revision 1, 10 CFR Part 70, Appendix A--Reportable Safety Events'' will
have minor editorial updates to reflect the amendments. The updated
document will be available in ADAMS (Accession No. ML14157A067).
The criteria for reporting 1-hour and 24-hour events, and the
criteria for the
[[Page 57723]]
30-day follow-up written reports, were developed as part of a larger
revision to 10 CFR part 70 in 2000. That rulemaking established subpart
H of part 70, which includes the 10 CFR 70.61 performance requirements
for identifying an item relied on for safety (IROFS), and the submittal
of an Integrated Safety Analysis Summary (ISAS) for NRC's review.
Lessons learned from industry and from reports the NRC has received
since 2000 have shown that the written follow-up reports can be
received within 60 days after the initial report of an event without
weakening the performance requirements. Extending the time allowed to
submit the written follow-up reports provides an opportunity for a
licensee to complete a more thorough investigation without compromising
the timely implementation of corrective actions. This change does not
impact safety to the public, the environment, or to the workers. The
requirement to notify the NRC Operations Center within 1 hour or 24
hours, as appropriate, after discovery of specified events, remains
unchanged.
The NRC is removing paragraph (b)(5) of appendix A to 10 CFR part
70 because its requirements are redundant to the requirements in
paragraph (b)(1) of the same appendix. Removing the paragraph thus does
not weaken these performance requirements, or otherwise impact safety
to the public, the environment, or the workers.
The NRC is also removing paragraph (a)(5) of appendix A to 10 CFR
part 70 because this provision is not risk-informed and is overly
restrictive. This requirement specifies that, within 1 hour of
discovery, licensees must report any loss of controls that leave only
one IROFS, as documented in the ISAS, available and reliable to prevent
a nuclear criticality accident. Paragraph (a)(5) further specifies that
it is applicable only when this situation has lasted for more than 8
hours.
In the majority of the events reported and reviewed under paragraph
(a)(5) since 2000, such an event would be reported within 24 hours
under paragraph (b)(2), if it involves a loss or degradation of IROFS
resulting in a failure to meet the performance requirements. Other
events now captured by paragraph (a)(5) would be of relatively low
safety significance if compliance with the performance requirements was
maintained. Also, paragraph (a)(5) may require reporting of conditions
that are equivalent to what is allowed by design.
Additionally, the reporting requirement in paragraph (a)(5), as
explained in the 1999 statement of considerations for the proposed rule
establishing subpart H of part 70, was ``. . . intended to replace and
expand on the approach licensees have [used] for reporting criticality
events under [NRC] Bulletin 91-01'' (64 FR 41349), July 30, 1999. The
NRC's Bulletin 91-01 was based on reporting a loss of double
contingency protection. However, controls used to meet the double
contingency principle (DCP) are not necessarily IROFS, and there is no
requirement that these controls be designated as IROFS. Also, having
more than one control is not necessarily required to meet the DCP.
Thus, having only one IROFS remaining in a criticality sequence does
not necessarily constitute a state in which double contingency
protection is not maintained.
Based on the discussion above, the NRC believes that paragraph
(a)(5) of appendix A may be removed without weakening the performance
requirements or impacting safety to the public, the environment, or to
the workers.
IV. Section-by-Section Analysis
The following paragraphs describe the specific changes proposed by
this rulemaking.
Reporting Requirements (Sec. 70.50)
Paragraph (c)(2) is amended to remove references to Sec. 70.74 and
appendix A because of changes made to Sec. 70.74 as related to the
time for a licensee to submit a written report following a reportable
event.
Additional Reporting Requirements (Sec. 70.74)
Paragraph (b) is amended to change the time for a licensee to
submit a written report following a reportable event described in
appendix A from within 30 days to within 60 days. Clarifications for
where to send the follow-up report as well as, the information
contained in the report, are also added.
Reportable Safety Events (Appendix A to Part 70)
Paragraph (a) is amended by changing the time for a licensee to
submit a written report following a reportable event from within 30
days to within 60 days.
Paragraph (a)(5) is deleted as it is not needed.
Paragraph (b) is amended by changing the time for a licensee to
submit a written report following a reportable event from within 30
days to within 60 days.
Paragraph (b)(5) is deleted because it is redundant to the
reporting requirements in paragraph (b)(1) of appendix A.
V. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule does not have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only the licensing and operation of facilities under
subpart H of 10 CFR part 70. The companies that own these plants do not
fall within the scope of the definition of ``small entities'' set forth
in the Regulatory Flexibility Act or the size standards established by
the NRC (10 CFR 2.810).
VI. Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule because this rule is considered a minor non-substantive amendment
and has no economic impact on NRC licensees or the public.
VII. Backfitting and Issue Finality
The NRC has determined that the NRC's backfitting and issue
finality regulations in 10 CFR 50.109, 70.76, 72.62, 76.76, and in 10
CFR part 52, do not apply to this direct final rule because this
amendment would not involve any provisions that are subject to these
backfitting and issue finality provisions. The direct final rule
addresses changes in the reporting requirements for a licensee under
subpart H of 10 CFR part 70. Information collection and reporting
requirements are not subject to the NRC's backfitting and issue
finality regulations. Further, as stated above, lessons learned from
industry and from reports the NRC has received since 2000 have shown
that the written follow-up reports can be received within 60 days--
rather than the currently-required 30 days--after the initial report of
an event, without adversely impacting safety. This change is a
voluntary relaxation of NRC requirements and is accordingly not subject
to the NRC's backfitting and issue finality regulations.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
[[Page 57724]]
IX. Environmental Impact: Categorical Exclusion
The NRC has determined that this direct final rule is the type of
action that falls within the categorical exclusion described in 10 CFR
51.22(c)(2). The amendments to part 70 are corrective or of a minor or
nonpolicy nature and do not substantially modify existing regulations,
and are actions on a petition for rulemaking relating to these
amendments. Therefore, neither an environmental impact statement nor
environmental assessment has been prepared for this final rule.
X. Paperwork Reduction Act Statement
The burden to the public for these information collections is
neither increased nor decreased due to the rule changes; rather, the
time frame for a licensee to submit a written follow-up report for a
part 70 reportable safety event has changed from within 30 days to
within 60 days. In addition, information collections in part 70,
Appendix A(a)(5) and (b)(5) are deleted because they are no longer
needed or are redundant with other part 70, Appendix A reporting
requirements. Further information about information collection
requirements associated with this direct final rule can be found in the
companion proposed rule published elsewhere in this issue of the
Federal Register.
This direct final rule is being issued prior to approval by the
Office of Management and Budget (OMB) of these information collection
requirements, which were submitted under OMB control number 3150-0009.
When OMB notifies us of its decision, we will publish a document in the
Federal Register providing notice of the effective date of the
information collections or, if approval is denied, providing notice of
what action we plan to take.
Send comments on any aspect of these information collections,
including suggestions for reducing the burden, to the FOIA [Freedom of
Information Act], Privacy, and Information Collections Branch (T-5
F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or
by email to [email protected]; and to the Desk Officer,
Office of Information and Regulatory Affairs, NEOB-10202, (3150-0009),
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
request unless the requesting document displays a currently valid OMB
control number.
XI. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), 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 of OMB.
XII. 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 (62 FR 46517; September 3, 1997),
this direct final rule is a matter of compatibility between the NRC and
the Agreement States, thereby providing consistency among the Agreement
States and NRC requirements. The NRC staff analyzed the rule in
accordance with the procedure established within Part III,
``Categorization Process for NRC Program Elements,'' of Handbook 5.9 to
Management Directive 5.9, ``Adequacy and Compatibility of Agreement
State Programs'' (a copy of which may be viewed at http://www.nrc.gov/reading-rm/doc-collections/management-directives/). The Agreement
States have 3 years from the effective date of the final rule in the
Federal Register to adopt compatible regulations.
The NRC program elements (including regulations) are placed into
four compatibility categories (See the Compatibility Table for Direct
Final Rule in this section). In addition, the NRC program elements can
also be identified as having particular health and safety significance
or as being reserved solely by the NRC. Compatibility Category A
contains those program elements that are basic radiation protection
standards and scientific terms and definitions that are necessary to
understand radiation protection concepts. An Agreement State should
adopt Category A program elements in an essentially identical manner to
provide uniformity in the regulation of agreement material on a
nationwide basis. Compatibility Category B contains those program
elements that apply to activities that have direct and significant
effects in multiple jurisdictions. An Agreement State should adopt
Category B program elements in an essentially identical manner.
Compatibility Category C contains those program elements that do not
meet the criteria of Category A or B, but provide the essential
objectives, which an Agreement State should adopt to avoid conflict,
duplication, gaps, or other conditions that would jeopardize an orderly
pattern in the regulation of agreement material on a nationwide basis.
An Agreement State should adopt the essential objectives of the
Category C program elements. Compatibility Category D contains those
program elements that do not meet any of the criteria of Categories A,
B, or C, and thus do not need to be adopted by the Agreement States for
purposes of compatibility.
The Health and Safety (H&S) category contains program elements that
are not required for compatibility but are identified as having a
particular health and safety role (i.e., adequacy) in the regulation of
agreement material within the State. Although not required for
compatibility, the State should adopt program elements in this H&S
category based on those of the NRC that embody the essential objectives
of NRC program elements because of particular health and safety
considerations. Compatibility Category NRC are those program elements
that address areas of regulation that cannot be relinquished to the
Agreement States under the Atomic Energy Act, as amended, or provisions
of 10 CFR. These program elements are not adopted by the Agreement
States. The following table lists the parts and sections that would be
revised and their corresponding categorization under the ``Policy
Statement on Adequacy and Compatibility of Agreement State Programs.''
[[Page 57725]]
Compatibility Table for Direct Final Rule
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Compatibility
Section Change Subject ---------------------------------
Existing New
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70.50(c)(2)..................... Amend.............. Reporting requirements. C.............. C
70.74(b)........................ Amend.............. Additional reporting NRC............ NRC
requirements.
Appendix A...................... Amend.............. Reportable safety *.............. NRC
events.
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* Appendix A compatibility was not previously designated. As it is directly related to Sec. 70.74 it is now
designated as NRC.
XIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement 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 direct final rule, the NRC will
revise the time allowed to submit a written follow-up report from
within 30 days to within 60 days after the initial report of an event,
change the reporting framework for certain situations, and remove
redundant reporting requirements. This action does not constitute the
establishment of a standard that establishes generally applicable
requirements.
List of Subjects in 10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting
the following amendments to 10 CFR Part 70.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
1. The authority citation for part 70 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 161, 182, 183, 193,
223, 234 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2243, 2273, 2282,
2297f); secs. 201, 202, 204, 206, 211 (42 U.S.C. 5841, 5842, 5845,
5846, 5851); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-58,
119 Stat. 194 (2005).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.21(g) also issued under Atomic Energy Act sec. 122
(42 U.S.C. 2152). Section 70.31 also issued under Atomic Energy Act
sec. 57(d) (42 U.S.C. 2077(d)). Sections 70.36 and 70.44 also issued
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 70.81
also issued under Atomic Energy Act secs. 186, 187 (42 U.S.C. 2236,
2237). Section 70.82 also issued under Atomic Energy Act sec. 108
(42 U.S.C. 2138).
0
2. In Sec. 70.50, revise the first sentence of the introductory text
of paragraph (c)(2) to read as follows:
Sec. 70.50 Reporting requirements.
* * * * *
(c) * * *
(2) Written report. Each licensee that makes a report required by
paragraph (a) or (b) of this section shall submit a written follow-up
report within 30 days of the initial report. * * *
* * * * *
0
3. In Sec. 70.74, revise paragraph (b) to read as follows:
Sec. 70.74 Additional reporting requirements.
* * * * *
(b) Written reports. Each licensee that makes a report required by
paragraph (a)(1) of this section shall submit a written follow-up
report within 60 days of the initial report. The written report must be
sent to the NRC's Document Control Desk, using an appropriate method
listed in Sec. 70.5(a), with a copy to the appropriate NRC regional
office listed in appendix D to part 20 of this chapter. The reports
must include the information as described in Sec. 70.50(c)(2)(i)
through (iv).
0
Appendix A to Part 70--[Amended]
0
4. Amend appendix A to part 70 by:
0
a. In the introductory text to paragraph (a), removing the number
``30'' and adding, in its place, the number ``60'';
0
b. Removing paragraph (a)(5);
0
c. In the introductory text to paragraph (b), removing the number
``30'' and adding, in its place, the number ``60''; and
0
d. Removing paragraph (b)(5).
Dated at Rockville, Maryland, this 15th day of September, 2014.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2014-22866 Filed 9-25-14; 8:45 am]
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