ML20005E529
| ML20005E529 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/1988 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20005E524 | List: |
| References | |
| FOIA-89-482 NUDOCS 9001080073 | |
| Download: ML20005E529 (9) | |
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DEC 131988 MEMORANDUM FOR: Thomas E. Murley, Director Office of Nuclear Reactor Regulation TROM:
Eric S. Beckjord. Director Office of Nuclear Regulatory pescarch
SUBJECT:
ADVANCE NOTICE OF PROPOSED RULEMAKING FOR SUBSTANDARD MATERIAL By memorandum dated November 17, 1988, the Director. Nuclear Reactor Regulation forwarded to D:RES a copy of the Advance Notice of Proposed Rulemaking (ANPR) for substandard material.
Its title is " Receipt Inspection and Testing of Purchased Material and Equipment". NRR memorandum dated 28 November to 0:RES provided a revised copy of the ANPR and requcsted comments by C.O.B.,
December 6, 1988. This memorandum is to provide RES Office comments on the ANPR.
. provides general and specific comments concerning the Sumary and Supplementary Information other than the questions. Comments on the questions will be provided directly to the NPR cognizant individual by a mark up of the ANPR.
We believe that the issues identified in the Bulletins and Notices that are cited in the ANPR are within the scope of 10 CFR Part 50. Appendix B. " Quality Assurance Criteria...." and that adequate enforcement authority exists in that regulation when combined with 10 CFR Part 21 to address deliberate mal-practice related to such issues.
Since Appendix B has been a ' final' rule with no substantive change for over 18 years and the main focus in the regulated nuclear power industry has changed from licensing and construction of plants toward their maintenance and operation the issues in the Bulletins and Notices have identified concerns including regulatory specificity related to counterfeit and fraudulent products being offered for acceptance.
We are concerned that the large number of questions - about 90 with a number of implied subquestions - will not channel the public response to the ANPR into the area most useful in evaluating the need for rulemaking action.
The following are submitted concerning the scope of the questions in the ANPR and its title.
It does not appear that the scope of the questions in the ANPR is adequately reflected in the ANPR title - the scope of the questions is much broader than the title of " receipt inspection and testing".
It appears that there are a number of options to resolve this. Among them are:
(a) maintain the broad scope of the current questions and enlarge the title to reflect such scope.
(b) maintain the title and narrow the scope of the questions so they address only the issue of ' receipt inspection and testing'.
g 10 g 3 891106 WILLIAM 89-4B2 PDR 8/a
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DEC 131988 (c) narrow the scope from ' purchased material and equipment' by elimi-nating equipment that are other than safety related and retaining either ' basic components' or ' commercial grade items' tpat are intended for dedication in safety related applications (d) enlarge the title and narrow phe scope of the questions so both address ' product acceptance'.
(e) maintain the current narrow title and the current broad scope of questions.
A combin6 tion of alternatives (c) and (d) is recommended, that is address
' product acceptance' of items procured as ' basic components' and revise the title of the ANPR to conform to such scope. The scope has been narrowed from
' purchased material' to ' basic components' with awareness of the current NRC actions to possibly endorse portions of the EPRI document " Guideline for the Utilization of Commercial Grade Items in Nuclear Safety Related Applications".
Questions related to other issues, for example comercial grade items, items that are not safety related, vendor selection and rating, vendor audits, vendor listing would then be deleted from this ANPR and addressed at a later date if deemed appropriate.
It is believed that these actions will provide a more focused, timely and effective ANPR.
Alternative (a) is not recommended since the scope, based on the proposed questions, would go far beyond the issues identified in the Bulletins and Notices cited in the ANPR. Alternative (b) is not recommended since it would address only the issue of ' receipt inspection and testing'. Addressing such 4
a narrow scope would not make a significant or timely impact on the issues identified in the cited Bulletins and Notices. Alternative (e) is not recom-mended since the scope of the proposed questions would require a very broad title on the order of " Revision of 10 CFR Part 50, Appendix B in regard to Purchasing Safety-related and Non Safety-related Equipment",
t i:.I cleved gy
'Ihnals P. sge, ric S. Beckjord, Director Office of Nuclear Regulatory Pescarch
Enclosure:
As stated I
These terms are defined in 10 CFR Part 21.
cc: w/ enc 1.
2As used in ASME-NQA-1-1986 ' acceptance' includes, B. K. Grimes, 0WFN among other things, receiving inspection and mc cadon.
Distribution:
- 1. Beckjord "ss products /"
Control #8800438, 8800454 D. Ross G. Arlotto w/ enc 1.
R. Bosnak M. Clauson. 0WFN 9A2 M. Vagins D. Brinkman, OWFN 12D20 EMEB Subj/Rdg M. Lesar, 4000
" substandard material" file W. Campbell p#,
Circ /Chron v 'y (SEE PREVIOUS CONCURRENCE *)
'" W W9 EMEB:DE EMEB:0E DD:DE 0:DE DD,:RE ( 0:k( G __
- UCampbell : SH *MVagins
- RBosnak
- GArlotto ORoss TBecqiord u 12/ /88 12/ /88 12/ /88 12/ /88 12/ /88 12/ /88 l
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1 t-I General 1.
Page 1 Title. The title includes 'Haterial and Equipment." The Summary line 4 includes " material, components and equipment." The Background, p.3 line 7 includes " structures, systems and components." Page 11, question 11A2 includes the term item.
In 10CFR 50 the following are used: structure, systems, component, item and materials of construction.
Recommend that terms currently used in 10 CFR Part 50 be utilized or the relationship of new terms to current terms be explained.
If accepted the entire document should be conformed.
2.
" supplier" versus " vendor "
In various locations; e.g., page 1, Summary, line 7; page 3,1st paragraph, line 6, one or both terms are used.
Recommend that either only one term be used and at first usage the other be included or neither term be used and the context make it clear.
For example on page 1 in the Summary at line 7 replace the sentence with "Recent experience has shown that some [ venders-have-previded) materials and components that are substandard, have falsified records or are otherwise misrepresented have been delivered."
If accepted the entire document should be conformed.
3.
licensee, purchaser, supplier.
In the procurement chain there are, based on the item being procured, at least two levels, that is the licensee and the supplier.
For many items there are more levels with an organization being both supplier and vendor.
It appears that in some locations, for example question IAB 4th, it should be purchaser and others, for example, page 3 line 10, it should be licensee. A licensee is always a purchaser but a division of such licensee may be supplier.
Reconmend the usage of licensee be reviewed to verify its usage is correct, that is the ultimate user.
- [-J indicates material for deletion. Underscore includes new ma terial.
Specific 1.
Page 1, Sumary paragraph, line 6.
"Recent experience has shown that some vendors have provided materials and components that are substandard..."
Recommend revision to state "...have knowingly provided..."
2.
Page 1, Sumary paragraph line 9
" complying with minimum regulatory requi rements"
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o Recommend this be deleted since it implies that the Commissio.n has confidence in any industry practice that exceeds current industry wide l
practices.
1 3.
Page 5,1st paragraph, lines 6-10. The sentence " Recognizing...as they nay relate to..ca performance based requirements for safety-related applications and applications throughout the plant." should be clarified.
4.
Page 5.
Current actions by NRC to endorse portions of EPRI document l
NP-5652 are well on their way.
If the NRC action on that document reaches the public domain before this ANPR. the ANPR should be revised so that it does not invite comments on that action.
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Tod;ral Reglater / Vol. 54 N.' 42 / Monday, M:rc.h 6,19a9 / Pr: posed ' Rule's 9229 (3) nefinance OfDce will prb.curement, receipt ins cuon and trate NUCt. EAR HrGUL.ATOHy l 'a **
8dminis9atlicly chanse (be interest rate COMMt$SION testinE. constructico en operation of bi a borr>wer's account in acconlance nuden power plant structurts, systems tb now. cation from the servicing to CFR Part f>0 and componente.The criteria are
'd officlah T ie insta!! ment schedule set
- - (Il forth in ei ch borrower's debt instrument Acceptance of Products Purchased for I'* * ' "#
wdl not d ange.ne original princJpal Use in Nuclear Power Plant Structurea, qua 4
u a es c pmdased, iff schedule i r principal-plus. interest Systems and Components
- E" "I ^8 *I nudear power plant structures, systems a
- ada ccounts % iere principal only is actacy:Nudear ReEulatory and componenta, ne criteria apply to Hot stipulated ill continue to be used for Commissior.,
all activities conducted during the I,ayment ca :ulation by the Finance AcTiow: Advance notice of proposed design, construcuan and o etating
>ffice).
OI! ice. Amo tired accounts will adhere rulemaking.
phases of nudcar power i ants that receipt to the origin Ipayment achedu!e and affect the safety-rt!ated functions of sedct amount.ne Lut scheduled principal suuMAnh De Nudcar Regulatery structures, systems and components.
tange insta!! ment willbe reduced by the Commission (Comaission) is proposing procedures and actions b ' licensees and lange amount of tiu balance previously k develop reguladons requiring their repter.cntatives cor orming to rely generated by the reversal and enhanced ecceptance procedures these criteria are expected to detect
,r on reapplication of payrnenta, including, but not limited to, receipt '
substandard and poor uality products luspection and testing of products but may nut necessaril detect (4) When FnllA has processed a '
purchased for use in nuclear power courderfelt or fraudul tly marketed change oflato'est rate for an amortized plant structures, systems and k
loan and a rec tion in Installment.
cornponents.*Ilfs Advance Nodce of pmducts. Recent cases lavoMng...
ecf amounts is ne ed to provide for a Proposed Rufemaking (ANPR)la ipparendy substandard. counterfelt and sound operstl, the borrower may intended to sohdt comments on the fraudulently rnarketed products for at request teamo Izetion in accordance need for additiona! regulatory nuclear power plant structures, rystems it) with i 1951.207 )of thiesubpart.
requirements and to obtain an improved and components have prompted the (5)The borm er will be notifiedin understanding of attematives to Commission to reconsider the adequacy writing of the n w interest rate sa regulatory requirements that could.
of current retulauens for detecting substandard, counterfelt and
'tnllA cha^8ed-prodde assmance at stmeturn, fraudulently marketed [ucts are no reducts and for at a systems and components procured fo' assuring that such ro 10"*
Qrf ] systems and components.i 6 1951.221 ce bg of nonpropam (NP) use in power ants loans.
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1)orwwers wid NPloans are not <
ligible for any gram benefits oam ne comment pedod explies July Criteria 111. IV, VII, Vul, and XV of Appendix B to to CFR part 50 provide B
including eppea ghts. llowever, FmilA O'*'"'"*I" I "' "
at I
lde d fi is pra E
,,y may use any servising toolunder this to do so, but assurance of consideration Ms and jm tures sfw en subpart necessary to protect the cannot be given to comments received '
licensee and their reprnentauve hace.
itha Government a sectrity aterest, after this date, including teamortiration or.
purchased products with certiacatiord mone Mail came, -2:ne. i.
rescheduling.ne rr!1nandng Seactary of the Commhslon.U.S-og m pp 94 requirements of Subpart F of this Part Nudear Regulatory Commissiog and have depended to varying d ces -
Washington, DC 20555, Attentnant on the certifications as one ben!s or-
- ud 1951 do not apply to NP loane Debt setdement actions relating to NP loans Docke
- ting and Service Branck discoveries of substandard, counterfeit accepting the prodods. Ilowever/recent roust be handled urder the Federal Dc!1ver comments 10:11556 Rockville al Clatms Collection / ct; proposals will be pike, Rcg.kville, Maryland, between A30 and fraudulently marketed products submitted to the Na lonal Office for a.m. and 4:15 p.m. Federal workdays.. -
furnished to nuclear power plants by
!cd review and approva. Any exception to Examine copies of comments received contrectors and subcontractorv j
the servidng requlr nents of NPloans at: ne NRC Public Document Room, demonstrate that current product i
under this subpart m t have prior Gelman Budding,2120 I. Street NW acceptance practices, particularly those l
concurrence of the N Uonal Office.
Washington, DC.
bued heavily on certificauons and stated catalog specifications, have not i 1951.222 1951.249 [ eserved) 7OR FURUtEM INFORMATION CONT ACT1 been sufficient in all cases. Additional Max j.Clausen.OHioe of Nudear details of apparendy substandard.
F i 1951.250 oue contr number.
Reactor Regulation, U.S. Nudcar counterfeit and fraudulently marketed Collection of informa !on Regulatory Comminion, Washington, products are contained in NRC DC 20555' Telephone D01) 492-0369.
Compliance Bulletin No. 87-02 and requirements contained n tble subpart have leen approved by ie Office of sumtwENTARY twoRuanom Supplementa 1 and 2, NRC Bu!)etin Noc Management and Budget nd have been
Background
88 05 and Supplernents 1 and 2, NRC Bulle tin No. 88-10, NRC Information assigned OMB Control N mber 0575-Appendix B to 10 CFR part 50 of the Notice No. 8819, NRC Information 0060.
Commission's regulations adopted in Notice No. 88-35, NRC Information Dated: January 27,1909.
1970 (35 FR 10196) establishes the Notice No. 88-46 and Supplement 1 n
Nul% M m qual ty assurance criteria for safety-NRC Information Notice No. 88-48, and ActIngAdarinistmtorformen Awe related structurea, systems and NRC Information Notice No.8H7.5 j
Adininisimwn.
components for nuclear power plants, ne purpose of the quality assurance
{FR Doc. 09-5081 Mied 3-3-89 45am]
criteria in Appendix B is to provide
%e doevments m svenet>le for bar ection at o,e Commissws IWe tweemm. Celm anweo coot som-m requirements for the design.
Mdtns. rt ro L sirret. Nw, WesMnstori. 0c
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y h y 3230 rederal Register / Vol. H,.ft. 42 /. Monday, M:rch 8.1989 / Propoacd Tdes R4l In many cases, as in part discuned in he Commission is concerned aibout Metal!!c Producta, Nonmetallic products, the referenced bullttine and information the quality of commercial grade and Components. '
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]+1 products that are used throughout the
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' notices, product acceptance brectices 11 C***t"I 5
have failed to detect such su standard, nue. lear plant, including applications in counterfeit or fraudulently marked the " balance of plant" structuren, sytems 1.1.1 a In view of the problems that products. nerefore, the Commission is and components, nl: concern stems have been detected with substandard.
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considering the need for additional from a recognition that structures, counterfeit, or fraudulently marketed regulations or other methods to provide sytems and components utilizing products, do the Commisalon's cunent cdditional anurance that products substandard products may not function regulations prmide adequate criteria for purchased for use in nuclear power as designed and may challenge snfety-ensuring the acceptability of parthased plant structures, systems and related systems unnecessarily or productst
.,s components satisfy requirements and -
complicats the response to off-normal 1.1.1b If the current regulations art <
p
- specifications that are trnposed to -
events, Commenters are reque.6ted (6 considered to provide' adequate criteria,'
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2.
! provide confidence that these items will consider the issute and questions of this how should they be applied to erieurd -
p6tforin as required to protect the public } ANIE 48 the tna relate to the need or that substandard, counterfelt, and a W health and safety.
desirability or ett er more prescriptive fraudulently marketed products afe % 0" regulallons or, alternatively, a.
detected and precluded from use In'..
1" De Commlisione's regulations performance-based requirement.
nuclear power plantst,
,s tu e.
prmIde two alternative approaches to
. Comments are also re utsted on the 11.tc If the current regulatione do i.
cssure that structures, systems and desirability of any su requirement for not provide adequate criteria, abould the D
components satisf requirements forfications. A !!censee safety related ap licades, as well as Commission establish specific i
safety related opfucts to the w a(plications t Joughout the plant,requirements or performance based q,
may procure pro A road spectrum ofissues needs to requirements to ensure that products requirements of the applicable code or be considered before the Commlulon purchased for use in nuclear power.
L standard for the safety related structure, decido on the ape and content of any. plant structures, systems and. -..
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systern br co'ciponent. Alternatively, the sed new regulatory requirements components utlafy the operational -
. pro [6 sing the c neerns raised by the licenses rh&y pur6hase a commercial.
gr'adei te,u,c,t,'a,nd then, using theQertence,oflicensees placing requirements necessary to protect public ad 1
health safety? ' '
procedures and satisfying * ' essentlilly coto lete reliance on
, approp fa
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ta b d
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hav'e t een discuned in( ' N*ch"n*g"[ bulletins and-
$ence"(s cusM E
atrustesaystems and components?,.
1 the bullettna and Information nouces -
h the' referenced uM makdal hauaWy
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cxperierices t through ajlint rmedlary. contractors,,,.
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. previouil y 'rgfprenced apply t6 products i ' informanon' notice's. %e following l
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. that were ob,tained using both of thea9 '.
quenlontare poicd to raise the issues Dr ?
Should al
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that the Commisslorihis identified and. '
1.1.2c
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lcritical-We Commission has concluded that are not to be considered complete not cha actuisucs, fw exemple, matuials, significant engineering involvement is ; are they intended to bound the scope of peaums, funcuonsate,, be trauablet
- 9 required dudng the procurement procesa public comment on this ANPR. %e 1.1.2d Should there be any for products used la nuclear power
' I questions are structured in two.
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exceptions to the traceability plants and during any testi.ng of these categories:(1) Products Procured for Use requimmentet t
producta. It is the Comtnission's view in Safety-Related Structure, System and requirem,..What shguld the identification Ip 1.1.2e Component Applications,and(2) that,in the past, inadequate engineering.'
ents be for traceability, for.,
Dedica6on of Commercial Crede involvement has been a common t
weaknen in licensees
- procurement
. Products for Use in Safety-Related example, uniquely marking each part programs, parucularly when commercial, Structure, Systern and Component whenever possible, bagging. recorda. =
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" grade procurements were involved. it is Applications.
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the Commission's position that..
Public comments are invited on each 1.1.3 Sho'uld product acceptances be restricted to inspec.tions and tests or i,
. staffin the procurement process should.' pf these questions.%e commentresolution proccas will be imp should roduct acceptances include, on,
involvement'of a licensee's engineering -
include (1) selection of products to be, ' each comment la ident!fied to the' '
. a 'samp 6 ba:It, destructive inspections e, z, and tests to vedfy chemical and used in the plant,(2) determinatfori of
. question to which it responda.
the critit.al chancterisuca of the Commenters tney submit, in addition to - physical characteristicst -
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1.1.4 What types of inspections and aclected products that.are to be verified i : the original paper oopy, a copy of the c
. letter in an electronic format on IBM pC.
tests (appropriate for the various types.
during product neceptance,(3).
determloation of specific testing
~ DOS cbinpatibli 3.5 or 5.25 inch double of products) should be required?
requirements applicable to the velected sided double density (DS/DD) dl Aettes.
1.1.5 Should licennes, contractors evaluation of test '
Data files should be provided in ASCll and subcontractors be encouraged to products, and (4)lvement should be code or,if formatted text is required.
perform joint testingt results. %Is icyo cpplicable to products initially procured data files should be provided in IBM 1.1.0 If destructive inspections and ce safety-rc!sted as well as commercial Revisable-Torm Text Document Content tests are determined necessary, what
' grade products procured for dedication Architecture (RFI'/DCA) format.
should be the sampling basis (per cnd upgrading for use in safety.related
- 1. Products procured for Use in Safety. vendor, per purchase order, per cphlications.ne extent of this Related Strseture, System and shipment, per lot, per container, etc.J7
'isngine'ering involvement will be hl hly. Component Applications.
1.1.7 Should sample plan testing be 6
dependent on the nature and use of the ne q'uestfons in this section are permitted for testing or should such products In'volved.
categorir.ed in four subsections: General, testing be on a 100 percent basist i
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rederal Register / Vd. f4, Nr. 42 / Monday, March 6,1989 / Proposed Rules-3231 w
1.1.8 What sort of statistical 1.1,20b If a hat of approved vendors 1.1.32 To what extent should items sampling during product inspec tion la le established, how should vendors be 1.Ua through u.31 be required for adequate to provide confiden*e that the selectedt other than safety.related cornponents?
product has the requisite assurance of M.20e If a list of approsed vendors 1.2 Metallic Products (e.g., fasteners, qualityt.
Is established, w ho should be piping, pir e fittinsa, wild rod, castings,
1.1.9 What criteria should be 96ed responsible for maintaining this list?
forgtngs, har stock, plate material, for allowlng sample plan testing durin8 M.20d Should licensees be stampings, wire, cable, etc ).
product acceptancet restricted to making procurements from Lua Should chemical ar,alyses of 1.u0 $hould the shelflife of this list of approved vendorst the products be required as part of appropriate types of structures, systems u.21 Should the use of a certificate, product acceptances?
and components be inspected and such as a Certificate of Conformance,in 1.2.1b Should these analyses of the verified as acceptable during product the procurement process be prohibited products be performed by destructive or acceptancest or LI allowed, be restricted to issue by l'y nondestructive mearnt Lt.11 To what extent will an the original equipment manufacturer for 1.2.2a Should tests of mechanical effective vendor audit program and items that have remained under his properties (e.g., hardness, tensile maintenance of a quahfied vendorlist direct controlf strength, impact, etc) of the products be reduce the likelihood of questionsble 1.L22 Should the furnishing of the required as part of product acceptances?
products being used in nuclear power original manufacturer's certificate, such L2.2b Should tests of mechanical plants?
as a Certified Material Test Report, be properties of the products be performed 1.1.12 What are the essential made mandatory for procurt ment of oy destructive or by nondestructive elements, for example, team rnaterials from intermediate vendors?
mesnst composition, depth of audits, and M.t3 Should the transcribing of an 1.2.3 When destructive tests are approach, that must be included in an original manufacturer's test data by requlted, are tot coupons (when effective vendor audit program?
interrnediate vendors onto the vendor's applicable) an acceptable source of test 1.1.13 What reinspection or reaudit certification, for example, Certified materials for the tests of chemical and frequency is appropriate to maintain MaterialTest Report, be forbiddent mecha'nical properties or should confidence in those vendors on a M.24 'f'o what extent should material samples be removed from actual roducts?
qualified vendor list?
lleensees or their representatives be t
rtiffc$t 1YerIsd required to inspect the implementation u Nonmetallic Products (e.g.,
at p of c ntract r product acceptance lubricants, tape, elastomers, seals, Cc e vendors are current?.
programat paints, filteh, etc.)
1.u5 le there an auditable method to M.25 Sh uld licensees be required 1.3.le Should chemical analyses be demonstrate that licensees actually lementation of to CIR part purchased the product from a qualified to audit im{lere and vendorst required for lubrict nts, tape, elastomers, 21 by supt etc., during product acceptances?
vendor, for example, the holder of an u.26 In addition to the 1.3.1b Should these analyses be ASME Code starop holder certification?
1.uoa Should negative irsspection, i.equirements of to CFR Part 21 should performed by destructive or by bcensees be required to notify nondestructive tneahst" testing and audit results be shared with raanufacturers, su pliers and vendors of u.2 ' SWd physical property teds' '
der prtint licer.see.identifie problems with yg;gy !or 14 ricanis, hardness
,7g,,lpstoWefGebby for filters, etc.
1.1.16b !s a Federal requirement
)or e necessary to permit this sharing of vendor-provided nonconforming
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1 see artic! pat!on 1
Should procurement con' tracts be r utredio include a in a national data system or reporting.
1.4.. Components & g, pump, valves,.-
provision for p lic release of the equ!pment/ component failures by circuit breakers, controllars and...
results of audits of the vendort manufacturer and application be.
electronic parts /as6emblies and thele 1.u6d Are there restroint of trade, required?
replacement parta).
,y,
antitrust concerns or liabilities LL28 la then specific data that '
1.4.1 Should compone'nts be' associated with these actionst should be included in a national data subjected to functional tests during Lu? Sh'ould licensees, contractors system that would significantly enhance product acceptancet and subcontractors be encouraged to its usefulness in establishing equipment 1.4.2a Should components be make jolnt procurements and to share Performance history?
. disassembled,if necessary during inspection / audit results of jolnt 1.uS. What are the implications of product acceptance, to verify procurements to enhance the any new Commission requirements on dimensional characteristicot effectiveness of inspections /auditst the Commission's endorsement of the L4.2b If the components are not tu8 If joint procurements end American Society of Mechanical disassembled, what methods should be
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Inspections / audits are encouraged.
Engineers (ASME) Boller and Pressure utilized to verify critical characteristics?
should controls be imposed and,if so, Vessel Code in to CFR 50.55af L4.3a Should the chemical and what and how should these controls be Lt.30 What is the best way to physical properties of component imposedt coordinate any new requirements with materials be analyzed during product LL19 What audit and testing the ASME Doller and Pressure Vessel seceptance inspections?
documentation should be required to Codet u.3b !! the chemical and physical provide traceability and give confidence u.31 Should the new requirements properties of component materials are to to all participants in joint product that relate to areas covered by the be analyzed during product acceptance acceptances?
ASME Boiler and Pressure Vessel Code Inspections, what means should t<
u 2os should the NRC establish (e g., SA material specifications) be utilized?
and publish a list of approved vendors handled through the code committee
- 2. Dedication of Commercial Grade for various products?
system?
products for IJse in Safety-Related
reMal R:gister / Vol 54,' N:.'4r / Mind'ay',1Mari.h' ti,1989[PropoEed Rul.cI l
9232 2.1.9 ilow should inspections verify for clastomers, efficiency for f iters, etc.)
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Structure: System and d*mponent all critical charatieristics (for example,'
- necessary for uppeding these productst
, r i
Alplications, chemistry, physical properties, 13.3 May criticalcharacteristics be p
l ne questions in this section are dimensions, special proecsses, etc.)?
Inspected by e amples or is 100 percent -
rc cat:gortred in five subsections: Generol, 2.1.10s if centructive inspections and inspection neecasary to verify these 4
I Metallic Products, Nonmetattic Producta, tests are determined to be necessary, characteristiest.
,b Components, and Others Questions, how should samples be selected if L4 Components 2.1 General products are hees/ lot identifiedt 1
1110b llow should samples be 24.1 Mut each critical F,"
2.1.1 Should the Commission selected if products are not beet / lot characteristic be lupected before ths identdiedi component is acceptable for use in f
est:blish specific requirements or ai.
performance-based requirements to cuure that commerdal grade products Lt.11 Should sanple plan testing be safety-related systemst being dedicated for use in safety eelsted permitted for nondestrvethe testing or 14.2 Itow should the chemical and
'g I
rr should such testing be on a 100 percent physical properties of component cuclear power plant structures, systems materials be analyted durirg upgrade f
cnd components satisfy the operational basist f
J LL12 What criter a are appropriate inspectionst requirements newssary to protect public for allowing sample plan testing during ;43 If critical characteristics cannot he:hh and safetyi Lt.2 Should NRC regulations be upgrade inspectionst be inspected on each component piece, should it be acceptable to establish 4
l revised to endorse and (noorporate by 12 Mehuic Products heat / lot traceability, establish U
teferenos, the industry codes, standards-2.Lla Are chemical analyses of the unifortuf thof lot by sample inspection I
or guidance documents for dedication programs of comtnercial grade products
{roducts appropriate se part of upFede and thert accept the lott 08
)
14.4a Must components be 100 E
,spectionst for use in safety-relsted structure, 2 L1b Should these analyses be (rtent functionally tested or mef the i system and cornponent applicatiout performed by destructivs or by sub ected to functionaltests o a Ltie What should the traceability. nondeetructive meant sampU buisi regulrementa be for allcommercial L2.2a Are tests of mechenleal 2.4.4b inspected by sample,what is l
5 products being upgraded fct use la.
safety-related structures, sptams and -
prvperties (e g., hardneas, tensile strength, impact etc.) appropriste as part fe bas r pedorming only sample j
l
'P'.Cil "Should disassembly of 14 componentet.
Lt.3b if trpgreding traceabuity of upgrade inspectionst 14 5a LL2b.Should these tests be components be required to verify cridcal h
provisions are neccesary, what should, performed by destrucdve or by non-characteristicot 3
these provtalons includet -
it.3c Should material traceability destructiva meanst 2.05b May verification of critical d
124 If the product is heat / lot characteristica be done on a satupling 7
throu,t allintumediary contractag
~ traceable,is sample inspection basis or are 100 percent inspections y
h subcontractors and processors be -
(destructive and nondestructive) necessary?
j requtedt1 adequate IW confirmadon of critfcal 14.5c What is the basis for LL3d Ifitern traceability la necessary,'should thee be any characteristicat pedorming only sample inspectionst 2.14 lf the product is t.ot heet/ lot provisloas for uppeding products whose traceable,is it nocessary to either disassembled to verify dImeulons, what 14.5d If cornponents are col traceability cannot be estabushedt sample (r 1M pestect test, for eurnpla, methods can be utillzed,to verify
/,
EL5e Should the upgrading taceability provisions be any di!Ierent hardness, to establ!sh urdformity and dimensionst 4
if the products are heatflot identified or then destructively analyu them (for 4
comple, chemical analyses, tensile L5 Other Questions 8
nott 2.5.1 a Are there any other egency/
.D 2.L3f What should the identifkstices tested, impact tested. etc) to determine U
requirements be for traceability, for acceptabilityt orpnization standards or programs that 2.15 Should requirements in should be odopted for use in appading J
example, marking, bagging and recordet addidon to those included in industry commercial pode products for use in j
LL4 Ilow should products latended f;r use in applications in which products star.deds (e g, addiff anal samples, etc)safety-related systems?
tre normsby required to meet specific la requiredt 15.1b Should these standards or 124 When destructive tests are.
standards be inspected to verify that all-required, are test coupons (when propams be endorsed by NRC criucal characteristics are satisfied?
available) an acceptable source of test regulationst 2.1.5 Should the abelfitfe of
. 15.2 Are there other alternatives cppropriate types of products be materials for chemical and mechanical that could provide the necessary inspected and verified as acceptance as properties tests or shouM material assurancest part of the upgrade inspection processt sarnples be removed from actual 2.5.3 To what extent should any LL6 What types of shelflife controls productst existing controls or any additional should be imposed on products that are 2.3 Nonmetallic products controls being contemplated in the being uppaded for use la safety-related 13.1a Are chemical analyses ANPR be extended to nonsafety.related structures. sysieros and componentst necessary to establish critical applications in balance of plant" Lt7 Should all upgrade Inspections be restricted to inspections and testa or characteristics for lubricants, tape, structures, systems and componentst should they include, on a sample basis, elastomers, etc.. proposed for upgrading ust of SuScts in im part so destructive inspections and tests to for use to safety-related systemet Antitrust, Clusified information Fire 13.1b Should these analyses be verify chemical and physical perfortned by destructive or by non.
protection, incorporation l y teference, intergovernmentairelations Nuclear characteristics?
2.1.8 What types ofinspecdocs and destructive rneanst L3 Are physical property tests power plants and reactort, penalty, tests (appropriate for the various types (e.g, viscosity for lubricants, hardness Radistion protection, Reactor siting of products) should be sequtredt
y red ral Reglater / Vol. 64, No. O / Monday M:rth 6,1989 / Prop: sed Rdles ' '
9233 i
e criteria, and Reporting and knder (which are SBA participatir,g
- 2. Section 120.104-1 is amended by
. recordkeeping requirtments.
lenders who has e exemplary records in adding a new parastoph (f) to read as
'fte authority citetion for this making guaranteed loans) to keep one follows:
d##"**"ti'.
half of the guaranty fee for a CLP or j
regularly processed loan of $'.0.030 or I 120104 1 Ou*'*"'r M*-
Audiority: Sec. tet. Pub. L BMo3. 68 Stat, less and a maturity in e Acess of twelve 2.aYam ndedmonths,ne pro osed amendment of the (f) Retention of CuomntyTee, bee
[
t b.
e I
regulatip)woul implement this for loans made under the Preferred pt (42 t!.S C. 6t Hl.
i Deted et Rodville, Maryland this tath day statutor rovision.
lenders Program in Subpart D of this
)
of rebnaary,19as.
Public w 100-590 also refers to the Part, when a Certified Lender or 4
for the Nuclear Regutstory Commission.
use of a si plified loan form for these Mfened lender makes a loan of sman loan SBA crio&caHy ndews
$50,@0 or less, d a matdy in excess
{
Samust i. Chl:L, Its loan fort. en the current version of twelve months,it may retain one-half Secretary of the Commission.
was
'ised hlast mnal en of the guaranty fee charged to the
[rR Doc. 8941o1 riled $4-89, s 45 am)
SBA considers het the informa} tion
- bonower, i
- * *C00'75
- requested on th present forms is the Dated. january 26.1989.
minimum necess y in order to make an int rmed decision n the
}mmeo Abdnoe, l
SMALL DUSINESS ADMINISTRATION Administrotor.
creditworthiness of borrower, 13 CFR Part 120 regardless of the amo nt of the loan.
(rR h5ne rited 34-e9; 645 am)
Accordingly, SBA is n at this time Dusiness Loan Polley making any changes to loan forms to accommodate this small an proposal.
ActNew Small Dusiness Administration.
For purposes of the Regu tory DEPARTMENT OF COMMERCE l
Act ow: Notice of proposed rulemaking.
Flexibility Act (5 U.S.C. 005 ),SBA certifies that this proposed ru will not, Bureau of Export Administration suuuAnn Section102 of the Small if promulgated in final form, ha a Bus ness Administration significant impact on a substanti 15 CFR Part 787 Rea thortration and Amendment Actof number of small entities because r.cnt
- 1988,
lstge mbu ofloans mall. In s et 1 C,
- 6) with Voluntary Self-Dleclosures o ess.
respect t uaranty fees on loans of SBA certifies that this proposed rule ACf.NCY; Bureau of bport
$50.030 or ss by Certified or Prefened does not constitute a major rule for the Administration, Commerce, t
j Lenders. Tlu reposed rule would purposes of hecutive Order 1:291, CT60*c Proposed rule with request for I
implement suc amendment.
since the change la not likely to itsult in
,mments.
I DATE: Comment ust be received on or en annual effect on the economy of $100 i
before April 5,1 million or more because it la not SU MARY: %e Dureau of bport
}
AcoRtss: Comments nay be mailed to:
anticipated that such a large number of Ad 'nistration proposes to amend the i
Allan Mand *l, Small Lness
$50,000 loans will be made. In 1988, the upo Administration Regulations to t
AdministraWn,1441 L tet NW.,
everage SBA loan was $150.000, for 1987 set fo procedures for dealing with Washingloi, # 20416.
It was $100.MO, and for 1988 it was volunta self disclosures of violations 1
FOR l'URTHER S oRMATioN 8(TACn
$161.030.
of the b ort Admin!stration Act, as Allan Mandel,2024534096.
The proposed rule, if promulgated in amended, nd the bport final form, would not impose additional Administra on Regulations.'nere have SUPPctutNTARY INFoRMAT108t: e tef'lch would be subject to theorting or recordkeeping requirements been inquiri from the public which SmallDusiness Administration (S }
suggest that t ere are uncertaintles with ch es a aranty fee for a partfcipating lender to obtain the SDA paperwork Reduction Act. 44 U.S.C.
res ect to the ect that a voluntary guaranty with respect to a percentage o Chapter 35.
, sel disclosure ey have on the a qualified loan. On loans with This proposed rule would not have treatment of vio tions. By publishing i
maturities in excess of twelve months, deralism implications wanenting the the practice of th Dureau of bport the guaranty fee is two percent. Such fee pr seration of a Federal Assessment in Administration wi respect to l
acco ance with becutive Order 12612.
voluntary self dise! sures, this rule will is paid by the lender to SBA, but the Ust subjects in 13 CTR Part 120:
reduce that uncerta ty, I
tender may pass that charge on to the loan Pro ms/Dusiness.
Depending on the cts and small business concem borrower. nis Pursuant the authority contained in. circumstances of each case, the is true whether the Ican be ng y
section 5(b)(6) the Small Dusiness Act voluntary self-disclosuIe of a violation I
foa m de und r tl I nde'rs (15 U.S.C. 634(b) and Section 136 of will ordinarily be a mitfgating factor
~
Cet e Prograrn (CLP)(under which a lender is Pub. L 100490 (102 at. 2989), SBA which the Bureau of bport romised a three. day turnaround review pr p see to amend Pa 120, Chapter 1.
Administration will consider, along with by SBA), or a loan made under the Title 13, Code of Pederal guletions, as other aggravating and mitigating factors, i 11 ws:
Prefened Lenders Program (pLP) (under when determining the appropriate which the loan does not get any PART 120-BUSINESS LOAN POLICY processing review by SBA). Congress SP05'd-wants to encourage lenders to make
- 1. ne authority citation for Part 120 Datt: Comments should be received by smaller loans which are less profitable continues to read as follows:
April 5,1989.
I for lenders. Public Law 100400 Authority:15 U.S C. 634(b)(0) and 636 (e)
ADDRESS:Writtep comments (six copies) authorizes a Certified or Preferred end(h).
should be sent to: William 11. Arvin,
.