ML20126J338

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Final Rule, Matl Approved for Incorporation by Ref,Maint & Availability. Rule Clarifies That Copies of Matl Have Been Incorporated by Ref Are Maintained & Available for Review at NRC Library
ML20126J338
Person / Time
Issue date: 12/14/1992
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-57FR61785, RULE-PR-110, RULE-PR-34, RULE-PR-35, RULE-PR-50, RULE-PR-73 NUDOCS 9301060121
Download: ML20126J338 (19)


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p/gry //y / /o ' 72 DEC 21 P4 :34 NUCLEAR REGULATORY COMMISSION 10 CFR Parts 34,-35, 50, 73, and 110 h [* j![^y
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RIN 3150-AD58 Material Approved For Incorporation By Reference; Maintenance and Availability AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to make a needed clarification to previously published requirements governing the availability of material approved for incorporation by reference. The amendment clarifies that copies of material which have been incorporated by reference are maintained and available for review at the NRC Library.

EFFECTIVE DATE: Insert date of publication in the Federal Register.

-FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules Review Section,-Rules Review and-Directives Branch, Division of Freedom of Information and Publications. Services,- Office of Administration, U.S. Nuclear Regulatory Commission, Washington, p DC 20555, Telephone (301) 492-7758.

9301060121 921214 PDR PR 34 57FR61785 PDR

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SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission is revising those portions of 10 CFR Chapter I that reference the availability of materials that have been approved by the Director of the Office of Federal Register for incorporation by reference. Current references-within-10 CFR Chapter I indicate that copies of material which have been incorporated by reference are available for inspection i

at the Commission's Public Document Room. This amendment revises the text of 10 CFR Chapter I to indicate the current location 4

where this material is available for inspection. The material which has been approved _for incorporation by reference is maintained and available for inspection in the NRC Library, which is located at 7920-Norfolk Avenue,-Bethesda, Maryland 20814.

Because this is an amendment dealing with agency practice

-and procedures, the notice and comment provisions of_the Administrative Procedure Act do not apply pursuant to 5 U.S.C.

553 (b) ( A) . The amendment is effective'upon publication in the

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Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because.the amendment is of a minor and administrative nature dealing with-the location where referenced documents are available for inspection.

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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) (2) .

Therefore neither an environmental impact statement nor an-environmental assessment has been prepared-for this final rule.

Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing >

requirements were approved by the Office of Management and Budget, approval numbers 3150-0007, -0010, 0002, and -0036.'

List of Subjects 10 ClR Part 34.- Criminal penalty, Packaging and containers, Radiation protection,_ Radiography, Reporting and recordkeeping. ,

requirements, Scientific equipment, . Security measures.

10 CFR Part 35 Byproduct material, Criminal penalty,.

. Drugs, Health facilities, Health professions, Incorporation by reference, Medical. devices, Nuclear. Materials, Occupational-safety and health,' Radiation protection, Reporting and recordkeeping requirements.

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-10 CFR Part 50 - Antitrust, Classified _information, -Criminal penalty, Fire protection, Incorporation by reference,

- Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting critoria, Reporting and recordkeeping requirements.

10 CFR Part 73 - Criminal penalty, Hazardous materials -

transportation ~,. Incorporation by reference, Nuclear materials, Nuclear power-plants and reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 110 - Administrative-practice and procedure, Classified'information, Criminal penalty, Export,LImport,

. Incorporation by. reference, Intergovernmental relations,-Nuclear materials, Nuclear power plants-and reactors, Reporting and recordkeeping requirements, Scientifc equipment.

For the reasons set out in the preamble and under'the

-authority of1theJAtomic 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 fol' lowing amendments to 10 CFR Parts 34, 35,:50,.73, and 110.

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-PART 34 - LICElfSES FOR RADIOGRAPHY AND RADIATION ,

SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS

1. The authority citation for Part 34 continues to read in.  :

part as follows: .

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C.

2201); sec. 201, 88 Stat 1242, as amended (42 U.S.C. 5841) ***.

S34.20 [ Amended)

2. In S34.20, paragraph (a), remove the words " Nuclear Regulatory Commission'Public Document Room, 2120 L Street NW.,

Lower Level, Washington, DC 20555",.and add in-their place the words "NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland .

-- 20814".

PART 35 - MEDICAL USE OF BYPRODUCT MATERIAL-

3. -The authority citation for;Part 35. continues to read in part as follows:

Authority: Sec 161,-68 Stat. 948,.as amended-(42 U.'S.C.

2201); sec. 201,.88: Stat 1242, as amended (42 U.S.C. 5 8 41)-l-* * * .

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S35.632 [ Amended)

4. In S35.632, paragraph (d), remove the words "or may be obtained from the U.S. Nuclear-Regulatory Commission, Public Document Room, 2120 L Street, NW., Washington, DC 20555", and add in their place the words "at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814".

PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 4

5. The authority citation for Part 50 continues to read in part as follows:

Authority: Sec. 161, 68 Stat. 948,.as amended (42 U.S.C.

2201;-sec. 201, 88 Stat. 1242, as amended.(42 U.S.C. 5841) * ** .

550.34 (Amended]

- 6. In S50.34, paragraph ( f) (3) (v) ( A) (2) , remove the words

" Nuclear Regulatory Commission's Public Document Room, 2120'L-Street, NW., Washington, D.C."i and. add in their. place the-words "NRC Library, 7920 Norfolk Avenue, Bethesda,' Maryland'20814".

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-7. In S50.55a,_ paragraph (b) is revised to read as follows:  :

550.55a Codes and standards.

_(b) The ASME Boiler and Pressure vessel code, which is referenced in-the following paragraphs, was approved _for_

incorporation by reference by the Director of the Federal Register. A notice of any changes made to the. material incorporated by reference will be published in the Federal Register. Copies of the ASME Boiler and Pressure-Vessel' Code may be purchased-from the American Society of. Mechanical Engineers, United Engineering Center,.345 East 47th St., New York, NY 10017.

It is also'available for inspection at the NRC Library, 7920L Norfolk Avenue, Bethesda, Maryland 20814.

Appendix H-to Part-50 [ Amended)

8. In the second paragraph of'the introduction to-Appendix H,-remove the words "at the Commission's Public Document Room, 2120'L Street, NW., Washington, D.C.",-and_ add in their' place thet t .-

L words "at the NRC Library,-7920 Norfolk Avenue, Bethesda, l

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Maryland 20814".

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9. In Appendix J,-Section III, remove footnote number one, redesignate footnote number two as number one, and revise ,

paragraph ( A) (3) (a) to read as follows:

Appendix J to Part 50 - Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors  ;

III. * *

  • A. * * *
3. Test Methods 2 (a) All Type A tests shall be conducted-in accordance with the provisions of the American National Standards N45.4-1972, " Leakage Rate Testing of Containment Structures for Nuclear Reactors," March 16, 1972. In addition to the--Total _ time and Point-to-Point methods described in'thatl standard, the Mass Point Method, when used with a test' duration of_at least 24 -

hours, is an acceptable method to use to calculate-leakage rates. .

A typical description of the Mass Point method cati be found in the American National Standard ANSI /ANS 56.8-1987,_" Containment System Leakago Testing-Requirements," January 20, 1987.

Incorporation of ANSI N45.4-1972 by reference was approved by the 8

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Director of tho.FederalLRogister. Copics1of this. standard, as

-wol]c as ANSI /ANS-56.8-1987, " Containment System Leakage Testin'g Doguiromonts";(dated January 20,-1987) may:bo obtainod from the 1 American Nuclear Society, 555 North Kensington_Avenuo, La'~Grang'o1 Park, IL. 60525.. A copy of each of those standards is available.

for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland-20814.

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10. In Appendix'K,Section I is amended by revising paragraphs-(A(4), ( A) (5) , (C) (1) (b) , (D) (5) , and (D) (7) (c) , to L read'as follows: ..

l l ' Appendix K'to Part 50 - ECCS Evalt.ation Models t

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4. IJssion-Product Decay 2 The heat l generation rates from--

radioactivo decay:of' fission productsLahall-be assumed to be equalfto-1.2 timosithe values for; infinite operating time in the-ANS-Standard (Proposed American Nuclear Society Standards--

" Decay Energy Release 1Raton~Following Shutdown of Uranium-Fueled -

Thormal Roactors." Approved by subcommittee ANS-5, ANS_ Standards -

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l Committee, October'1971).. This standard has been. approved for.

incorporation by reference by the Director of the Federal Register. A copy of the standard is available for. inspection aE the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

The fraction of the locally generated gamma energy that is deposited in the fuel (including the cladding) may be different-from 1.0; the value used shall be justified by a suitable calculation.

5. Metal - Water Reaction Rate. The rate of energy release, hydrogen generation, and cladding oxidation from the metal / water reaction shall be calculated using the Baker-Just equation.

(Baker, L., Just, L.C., " Studies of Metal Water Reactions at High Temperatures, III. Experimental and Theoretical Studies of the Zirconium-Water Reaction," ANL-6548, page 7, May 1962). This publication has been approved for incorporation by. reference by the Director of the Federal-Register. A copy of the publication--

is available for inpection at the NRC-Library, 7920 Norfolk-Avenue, Bethesda, Maryland 20814. The reaction shall be assumed:

not to be steam limited. For rods whose cladding is: calculated to rupture during the LOCA, the inside of the cladding shall be-assumed'to react after the rupture. The calculation of the reaction rate on the-inside of the cladding shall also follow-the-Baker-Just equation, starting at the-time when the cladding is calculated to rupture, and extending around the cladding inner i

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circumference and axially no less that 1.5 inches.each way from the location of the rupture, with the reaction assumed not to be steam limited.

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b. Discharae Model. For all times after the discharging fluid has been calculated to be two-phase in composition,_the discharge rate shall be calculated-by use of the, Moody.model-(F.J. Moody, " Maximum Flow Rate-of a Single Component, Two-Phase Mixture," Journal of Heat Transfer, Trans American Society of Mechanical Engineers, 87, No. 1, February,_1965). This publication has been approved for incorporation by reference by _

the Director of'the Federal Register. -A-copy of this publication _ i

.is available-for inspection at the-NRC Library,.7920 Norfolk Avenue,_Bethesda, Maryland 20814. The-calculation shall be-

-conducted with at_least three values of a discharge coefficient:

applied to the postulated break area,-these values spanning the range from 0.6 to11.0.- If the results indicate that the maximum-clad temperature for the hypothetical accident is to be found at-G an even lower value of the discharge coefficient,'the1 range.of-discharge coefficients shall be extended until the maximum' clad -

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  • i temperatures calculated by this variation has been achieved.

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5. Refill and Reflood Heat Transfer for Pressurized Water .

Reactors. a. For reflood rates of one inch per second or higher, reflood heat transfer coefficients shall be based on applicable '

experimental data for unblocked cores including FLECHT results

("PWR FLECHT (Full Length Emergency _ Cooling Heat Transfer) Final Report," Westinghouse Report WCAP-7665, April 1971). The use of. ,

a correlation derived from FLECHT data shall be d.emonstrated to .

be conservative for the transient to.4hich it is_ applied;_

-presently availablo FLECHT heat transfer correlations ("PWR: Full Length Emergency Cooling Heat Transfer (FLECHT) Group I Test i Report," Westinghouse Report WCAP-7544, September 1970; "PWR.

FLECHT Final Report Supplement," Westinghouse Report.WCAP-7931, October 1972) are not acceptable. Westinghouse Report WCAP-7665 .,

has been approved for incorporation-by= reference by the Director' .

of the Federal Register. A copy.of;this report is_available for inspection at the NRC Library,:7920 Norfolk Avenue,__Bethesda, Maryland 20814. New correlations or modifications to.the FLECHT neat transfer correlationsEaroLacceptableLonly after they are demonstrated to be-conservative, by comparison with FLECHT data,_

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for a range of parameters conclutent with the trancient to which they are applied.

b. During refill and during reflood when reflood rates are loso than one inch per second, heat transfer calculations shall be based on the annumption that cooling in only by steam, and chall take into account any flow blockage calculated to occur as a renuit of cladding swelling or rupture ao such blockage might affect both local steam flow and heat transfer.
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c. Wetting of the channel box chall be assumed to occur 60 neconds after the time determined using the correlation based on the Yamanouchi analynis ("Lons-of-Coolant Accident and Emergency Core Cooling Models for General Electric Boiling Water Reactors,"

General Illectric Company Report 11EDO-10329, April 1971). This report was approved for incorporation by reference by the Director of the Federal Register. A copy of the report is available for incpection at the 11RC Library, 7920 llorfolk Avenue, Bethesda, Maryland 20814.

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Part 73 - Physical Protection of Plants and Materials j

11. The authority citation for Part 73 continues to read in part as follows: l i

i Authority: Soc. 161, 58 Stat, 948, as amended (42 U.S.C.-

2201; sec 201, 88 Stat. 1242, as amended (42 U.S.C. . 5841 ) *'* *. .

12. In 573.26, paragraph (1)(1) is revised to read as ,

follows: j N

S73.26 Transportation physical protection systems, subsystems,-

components and-procedures.

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- (1) . Shipment- by sea.

(1)' Shipments shall be mado only on container-ships. The strategic special nuclear' material ,

container (s) shall be loaded into exclusive use cargo containers conforming-to-American. National Standards; Institute (ANSI)

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- Standard MHS.1 " Basic' Requirements;for Cargo Containers" (1971)

L or International Standards Organization (ISO)l-149_6, " General' i Cargo containers" (1978). Locks and seals shall be_in'spectedsby. j u

the escorts whenever_ access is p9ssible. The ANSI. Standard MH5.1 14- ,

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I (1971) and tho (ISO) 1496 (1978), have boon approved for f incorporation by reference by the Director of the Federal {

Register. A-copy of each of those standards is available for j inspection at the llRC Library, 7920 florfolk Avenue, Bothesda, 14aryland 20814.

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13. In 573.50, paragraph (d) (1) is revised to road as follows: ,

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I 573.50 Requirements for physical protection of licensed activities. ,  ;

(d) Detection aids. (1) All alarms required pursuant to this part shall annunciato in a continuously. manned contral alarm

. station located within the protected-area and in at least one.

other. continuously manned station, not necessarily within the- i protected area, such that a single act cannot: romove 'the capability of calling for assistance or otherwiso responding to

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an alarm. -All alarms shall be self-checking;and tamper ,

indicating. The annunciation ofDan. alarm-at the onsito-contral. .

alarm-station shall-indicato.the. type of alarm:(e.g.,-intrusion islarm,. emergency oxit alarm, ote.) and location ~._- Al'1 intrusion i

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alarms, emergency exit alarms, alarm systems, and line '

supervisory systems shall at minimum moet the performance and }

t rollability levels indicated by GSA Interim redoral specificatibn W-A-00450 D (GSA-FSS). The GSA Interim Federal Specification has j 4

boon approved for incorporation by reference by the Director of j the Federal Register. A copy of the matorial is available for _7 i

inspection at the HRC bibrary, 7920 Norfolk Avenue, Dothodsa, Maryland 20814.

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14. In Appendix B, Section I i s amendod by rovising paragraph B.1.b.(2)(a) and Section IV is amended by revising-Footnote 2 to the table in paragraph C. to road as follows:

Appendix B to Part 50 - General Critoria for Security Personnel i

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B. * * *

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b. * *
  • Y (2)- Hearing: -(a) Individuals shall have no hearing loss in-the better_ car greater than 30 decibels average at 500 liz,_.1,000 16

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4 11 2 , and 2,000 llz with no level greater that 40 decibels at any one frequency (by ISO 389 " Standard Referenco Zoro for the Calibration of Puritone Audiometer" (1975) or A!JSI S3.6-1969 (R'.

1973) " Specifications for Audiomotorn"). ISO-389 and A!!SI S3.6-1969 have been approved for incorporation by reference by the Director of the Federal Registor. A copy of each standard is available for inspection at the llRC Library, 7920 llorfolk Avenue, Bethooda, Maryland 20814.

IV. * * * ,

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2. Ao not forth by the flational Rifle Association (HRA)-in its official rules and-regulations, "!1RA Target Manufacturers.

Index," December 1976. The Index han been approved for.-

incorporation by reference by-tho-Director.of the Federal Register. A copy of.the index is available for inspection at the tiRC Library, 7920 Norfolk Avenue, Bothosda,_ Maryland 20814.

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i Part 110 - Export and Import of Nuclear Equipment and

, Material

15. The authority citation for Part 110 continues to read f L

in part as follows:

Authority: Sec. 161, 68 Stat, 948, as amended (42'U.S.C. l 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841) ,.

16. In 5110.43, paragraph (a)(1) is revised to read as i

follows: .

S110.43 Physical security standards ~.

(a)

(1) Review of the physical; security program established by-the recipient country and of thu implementation of the national requiremento, as considered through country visits and other ,

information exchanges, to ensure that the physical security measures. provide, asia Linimum protection comparable to1that-set forthE-in the International Atomic EnergyLpublication._INFCIRC/225 Rev. 1, entitled "The Physical' Protection of Nuclear--Material" (INFCIRC/225), which is incorporated by reference inLthis part, 18-  !

Thic publication has been approved for incorporation by reference by the Director of the Federal Register, llotice of any changes to the publication will be published in the Federal Register.

Copies of IliFCIRC/225 may be obtained from the Assistant Director for International Security, Office of International Programs, U.S. 11uclear Regulatory Commission, Washington, DC 20555, and are available for inspection at the llRC Library, 7920 llorfolk Avenue, -

Bethesda, 14aryland 20814. A copy is on file in the library of the Office of the Federal Register.

Dated at Rockville, 14a ryland , this./ ay of 992.

For the 11uclear Regulatory Commission.

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