[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59760-59762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23467]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-170; NRC-2021-0198]
Armed Forces Radiobiology Research Institute
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption in response to a request dated September 17, 2021, as
supplemented by a letter dated October 7, 2021, from the Armed Forces
Radiobiology Research Institute (AFRRI). The exemption allows specific
applicants for an operator or senior operator license for the AFRRI
Training, Research, Isotopes, General Atomics (TRIGA) reactor to
manipulate the controls at a similar TRIGA reactor to satisfy certain
training and testing requirements.
DATES: The exemption was issued on October 22, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0198 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0198. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 exemption request dated September
17, 2021 and the supplemental letter dated October 7, 2021 are
available in ADAMS under Accession Nos. ML21260A184 and ML21285A025,
respectively.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Cindy Montgomery, telephone: 301-415-
3398, email: [email protected] and William Schuster, telephone:
301-415-1590, email: [email protected]. Both are staff of the
Office of Nuclear Reactor Regulation at the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Dated: October 25, 2021.
For the Nuclear Regulatory Commission.
Patrick G. Boyle,
Project Manager, Non-Power Production and Utilization Facility
Licensing Branch, Division of Advanced Reactors and Non-Power
Production and Utilization Facilities, Office of Nuclear Reactor
Regulation.
Attachment--Exemption
Nuclear Regulatory Commission
Docket No. 50-170, Armed Forces Radiobiology Research Institute,
Exemption
I. Background
The Armed Forces Radiobiology Research Institute (AFRRI, the
licensee) holds the U.S. Nuclear Regulatory Commission (NRC, the
Commission) Renewed Facility Operating License No. R-84 for the AFRRI
Training, Research, Isotopes, General Atomics (TRIGA) reactor (the
facility), which is a research reactor located in Montgomery County,
Maryland. Under this license, the licensee is authorized to operate the
facility up to a steady-state power level of 1.1 megawatts thermal with
pulsing capability using reactivity insertions up to 2.45% [Delta]k/k.
The license is subject to the rules, regulations, and orders of the
NRC.
II. Request/Action
By letter dated September 17, 2021, as supplemented by letter dated
October 7, 2021, the licensee requested an exemption from Title 10 of
the Code of Federal Regulations (10 CFR) 55.31, ``How to apply,''
paragraph (a)(5) and 10 CFR 55.45(b), ``Implementation--
Administration.'' 10 CFR 55.31(a)(5) requires an applicant for an
operator or senior operator license to provide evidence that the
applicant, as a trainee, has successfully manipulated the controls of
either the facility for which the license is sought or a plant-
referenced simulator; 10 CFR 55.45(b) requires an operating test to be
administered to an applicant for an operator or senior operator license
in a facility walkthrough and in either the facility, a Commission-
approved simulation facility, or a plant-referenced simulator.
According to the licensee, these requirements cannot be met at the
AFRRI TRIGA reactor because (1) the facility is in a shutdown state
pending the NRC's review and approval of a license amendment request
for an upgrade to the digital instrumentation and control system and,
therefore, is not capable of control manipulations, (2) the facility
does not have a Commission-approved simulation facility or a plant-
referenced simulator, and (3) there are currently no licensed operators
at the facility to supervise control manipulations by applicants for
operator or senior operator licenses. Under these circumstances,
applicants for operator or senior operator licenses at the facility
cannot be trained or tested with respect to control manipulations as is
required by 10 CFR 55.31(a)(5) and 10 CFR 55.45(b). In lieu of these
requirements, the licensee seeks, via its exemption request, that four
named applicants for an AFRRI operator or senior operator license be
allowed to provide evidence that they, as trainees, have successfully
manipulated the controls of the Idaho National Laboratory (INL) Neutron
Radiography (NRAD) TRIGA reactor and be allowed to take the portion of
the operating test requiring control manipulations at the INL NRAD
TRIGA reactor.
III. Discussion
Pursuant to 10 CFR 55.11, ``Specific exemptions,'' the Commission
may, upon application by an interested person, or upon its own
initiative, grant exemptions from the requirements of 10 CFR part 55,
``Operators' Licenses,'' as it determines (1) are authorized by law,
(2) will not endanger life or property, and (3) are otherwise in the
public interest.
A. The Exemption Is Authorized by Law
Exemptions are authorized by law where they are not expressly
prohibited by statute or regulation. A proposed exemption is implicitly
authorized by law if it will not endanger life or property and is
otherwise in the public interest and no other provisions in law
prohibit, or otherwise restrict, its application. As discussed in this
section of the NRC's evaluation of the exemption request, no provisions
in law prohibit or restrict an exemption to the requirements concerning
control manipulations for certain operator training and testing
requirements; subsequent sections of this evaluation discuss that the
exemption will not
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endanger life or property and is otherwise in the public interest.
The regulations in 10 CFR part 55 implement Section 107 of the
Atomic Energy Act of 1954, as amended (AEA), which sets requirements
upon the Commission concerning operators' licenses and states, in part,
that the Commission shall (1) prescribe uniform conditions for
licensing individuals as operators of any of the various classes of
utilization facilities licensed by the NRC and (2) determine the
qualifications of such individuals. These requirements in the AEA do
not expressly prohibit exemptions from 10 CFR 55.31(a)(5) and 10 CFR
55.45(b), which require that control manipulations related to operator
training and testing be performed at the facility for which the
operator license is sought, at a plant-referenced simulator, or at a
Commission-approved simulation facility, as appropriate. Further, as
explained below, the requested exemption would have little impact on
the uniformity of operator licensing conditions or on the determination
of operator qualifications.
In its exemption request, the licensee explained that the use of
the INL NRAD TRIGA reactor would provide reactor physics and thermal
hydraulic response characteristics sufficiently similar to those that
would be provided at the AFRRI TRIGA reactor such that the use of the
INL NRAD TRIGA reactor could stand in the place of the use of the AFRRI
TRIGA reactor with respect to the required control manipulations for
the training and testing of applicants for AFRRI operator licenses.
Additionally, the INL NRAD TRIGA reactor uses similar digital
instrumentation and controls, reactor control rod drive mechanisms, and
TRIGA fuel assemblies as the AFRRI TRIGA reactor. Therefore, uniform
conditions for operator licensing would be maintained by using the INL
NRAD TRIGA reactor in place of the AFRRI TRIGA reactor to the extent
proposed in the exemption request.
The licensee also explained that using the INL NRAD TRIGA reactor
in place of the AFRRI TRIGA reactor to the extent proposed in the
exemption request would not significantly change how the Commission
determines the qualifications of operator applicants. Under the
exemption, 10 CFR 55.31(a)(5) would continue to require the applicant
to perform, at a minimum, five significant control manipulations that
affect reactivity or power level and 10 CFR 55.45(b) would continue to
require the administration of the operating test in a plant walkthrough
that would continue to require the applicant to demonstrate an
understanding of and the ability to perform the actions necessary to
accomplish a representative sample from among items (1) through (13) in
10 CFR 55.45(a).
Accordingly, because the AFRRI TRIGA reactor and the INL NRAD TRIGA
reactor have similar operating and technical characteristics with
respect to control manipulations, an exemption from 10 CFR 55.31(a)(5)
and 10 CFR 55.45(b) allowing the use of the INL NRAD TRIGA reactor in
lieu of the AFRRI TRIGA reactor for control manipulations for the
training and testing of specific applicants for AFRRI operator licenses
would satisfy the applicable AEA requirements that the Commission
prescribe uniform conditions for licensing individuals as operators and
determine the qualifications of operators. Additionally, as discussed
below, the exemption will not endanger life or property and is
otherwise in the public interest. Therefore, the NRC finds that the
requested exemption is authorized by law.
B. The Exemption Will Not Endanger Life or Property
Control manipulations at the INL NRAD TRIGA reactor would be
sufficiently similar and would provide sufficiently similar reactor
physics and thermal hydraulic response characteristics to those at the
AFRRI TRIGA reactor such that the use of the INL NRAD TRIGA reactor
could stand in the place of the use of the AFRRI TRIGA reactor with
respect to the required control manipulations for the training and
testing of the specified applicants for AFRRI operator licenses. Since
its operating and technical characteristics are similar to those of the
AFRRI TRIGA reactor, the use of the INL NRAD TRIGA reactor by these
applicants would allow them to complete the required control
manipulations for their training and complete the required evolutions
that affect reactivity in 10 CFR 55.45(a)(1) through (13) for their
testing. As part of the operator licensing application process, the
facility licensee will certify that these applicants have completed the
required training for the AFRRI TRIGA reactor. As part of the operator
licensing testing process, the NRC examiners will ensure that these
applicants are evaluated to ensure that they are fully capable of
operating the AFRRI TRIGA reactor, while accounting for any differences
between the AFRRI TRIGA reactor and the INL NRAD TRIGA reactor.
Therefore, the NRC finds that the training and testing of the specified
AFRRI applicants would satisfy the NRC's training and testing
requirements. Accordingly, if ultimately licensed, these applicants
would have learned to operate the AFRRI TRIGA reactor competently and
safely and, thus, their licensing would be protective of life and
property.
Furthermore, the training and testing of the specified AFRRI
applicants at the INL NRAD reactor would, itself, be protective of life
and property. In its exemption request, the licensee provided that the
INL NRAD TRIGA reactor has been operational since 1977 with a facility
safety analysis and design specifications that meet or exceed NRC
requirements. Additionally, the specified AFRRI applicants would be
under the instruction of U.S. Department of Energy qualified reactor
operators and reactor supervisors for all of their control
manipulations.
Lastly, the licensee has identified and will ensure that the
specified AFRRI applicants are trained on the differences between the
AFRRI TRIGA reactor and the INL NRAD TRIGA reactor.
Based on the above, the NRC finds that the requested exemption will
not endanger life or property.
C. The Exemption Is Otherwise in the Public Interest
The Commission's values guide the NRC in maintaining certain
principles of good regulation as it carries out regulatory activities
in furtherance of its safety and security mission. These principles
focus the NRC on ensuring safety and security while appropriately
considering the interests of the NRC's stakeholders, including the
public and licensees. These principles are Independence, Openness,
Efficiency, Clarity, and Reliability. Independence relates to NRC
decisions being based on objective, unbiased assessments of all
information. Openness relates to the NRC conducting its regulatory
activities publicly and candidly. Efficiency relates to the NRC
ensuring that its regulatory activities are consistent with the degree
of risk reduction they achieve; adopting the option, where several
effective alternatives are available, that minimizes the use of
resources; and making regulatory decisions without delay. Clarity
relates to NRC positions being readily understood and easily applied.
Reliability relates to established regulations being perceived to be
reliable and not unjustifiably in a state of transition. The NRC's
principles of good regulation can also provide guidance as to whether
the granting of a particular exemption is otherwise in the public
interest.
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On balance, the NRC's principles of good regulation demonstrate
that the granting of the requested exemption is otherwise in the public
interest. As an initial matter, the exemption is necessary for the
restart of the AFRRI TRIGA reactor. In its exemption request, the
licensee provided that such restart is critical to national defense.
The licensing of the specified applicants for AFRRI operator licenses
would bring the facility into compliance with the staffing and
surveillance requirements of its technical specifications and would
facilitate the maintenance of its critical systems. Additionally, as
clearly, openly, and independently determined above, the licensee's
preferred method of training and testing these applicants with respect
to control manipulations at the INL NRAD TRIGA reactor will not
endanger life or property because the operating and technical
characteristics of the INL NRAD TRIGA reactor are sufficiently similar
to those of the AFRRI TRIGA reactor with respect to control
manipulations. Therefore, it would be most efficient to approve the
licensee's preferred method as opposed to requiring some equally
effective alternative method. The requested exemption would also
maintain unchanged the substantive requirements upon the specified
AFRRI applicants with respect to training and testing. This would
further reliability by allowing these applicants to complete their
applications with the underlying requirements unchanged and by allowing
the operating test to be conducted with the underlying requirements
unchanged. Finally, the exemption would only apply to the training and
testing of the four named applicants and would expire thereafter;
therefore, the exemption is narrowly tailored to be efficient and to
maintain the reliability of the AFRRI operator licensing program.
Based on the above, the NRC finds that the requested exemption is
otherwise in the public interest.
D. Environmental Considerations
This exemption allows four named applicants for an AFRRI TRIGA
reactor operator or senior operator license to perform their training
and testing control manipulations required by 10 CFR 55.31(a)(5) and 10
CFR 55.45(b) at the INL NRAD TRIGA reactor instead of at the AFRRI
TRIGA reactor.
For the following reasons, this exemption meets the eligibility
criteria of 10 CFR 51.22(c)(25) for a categorical exclusion. There are
no special or extraordinary circumstances present that would preclude
reliance on this exclusion. The NRC determined, in accordance with 10
CFR 51.22(c)(25)(vi)(E), that the requirements from which the exemption
is sought involve education, training, experience, qualification,
requalification, or other employment suitability requirements. The NRC
also determined that granting the requested exemption involves no
significant hazards consideration because it does not authorize any
physical changes to the facility or any of its safety systems or change
any of the assumptions or limits used in the facility licensee's safety
analyses or introduce any new failure modes; no significant change in
the types or significant increase in the amounts of any effluents that
may be released offsite because the exemption does not affect any
effluent release limits as provided in the facility licensee's
technical specifications or by 10 CFR part 20, ``Standards for
Protection Against Radiation''; no significant increase in individual
or cumulative public or occupational radiation exposure because the
exemption does not affect limits on the release of any radioactive
material or the limits provided in 10 CFR part 20 for radiation
exposure to workers or members of the public; no significant
construction impact because the exemption does not involve any changes
to a construction permit; and no significant increase in the potential
for or consequences from radiological accidents because the exemption
does not alter any of the assumptions or limits in the facility
licensee's safety analyses. In addition, the NRC determined that there
would be no significant impacts to biota, water resources, historic
properties, cultural resources, or socioeconomic conditions in the
region. As such, there are no extraordinary circumstances present that
would preclude reliance on this categorical exclusion. Therefore,
pursuant to 10 CFR 51.22(b), no environmental impact statement or
environmental assessment need be prepared in connection with granting
the requested exemption.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
55.11, the exemption is authorized by law, will not endanger life or
property, and is otherwise in the public interest. Therefore, effective
immediately, the Commission hereby grants AFRRI an exemption from 10
CFR 55.31(a)(5) and 10 CFR 55.45(b) to allow the four applicants for an
AFRRI TRIGA reactor operator or senior operator license, specified by
name in the licensee's letter dated October 7, 2021, to provide
evidence that they, as trainees, have successfully manipulated the
controls of the INL NRAD TRIGA reactor and to be administered the
portion of the operating test requiring control manipulations at the
INL NRAD TRIGA reactor. This exemption expires when the training and
initial testing of these new applicants is completed.
Dated: October 22, 2021.
For the Nuclear Regulatory Commission.
Mohamed Shams,
Director, Division of Advanced Reactors and Non-Power Production and
Utilization Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-23467 Filed 10-27-21; 8:45 am]
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