ML20128D599

Forwards Final Rulemaking on Regulatory Reform Package,For Signature

ML20128D599
Person / Time
Issue date:	08/18/1992
From:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20128D549	List: ML20128D544 ML20128D563 ML20128D586 ML20128D599
References
FRN-57FR39353, RULE-PR-20, RULE-PR-50 AE30-2-005, AE30-2-5, NUDOCS 9212070319
Download: ML20128D599 (9)

Text

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NEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: Eric S. Beckjord, Director Office of Nuclear Regulatory Research

SUBJECT:

REGULATORY REFORM RULEMAKING PACKAGE Enclosed for your signature is the final rulemaking on the above subject.

On August 14, 1992, the representatives from the Offices of NRR, NMSS, ADMIN, IRM, OE, OSP, and OGC met to discuss the final rulemaking package. The purpose of the meeting was to expedite the consensus process. Office representatives either provided their concurrence directly or provided comments as a condition for their concurrence. All of the comments that were agreed upon at the meeting are included in the package. The public announcement is being prepared by the Office of Public Affairs.

@ Director ic. . oc Jo ,

0 f4ce of Nuc1 ar Regulatory Research

Enclosures:

1. Rulemaking rackage

2. Daily Report to Commission 9212070319 921123

$"57 39353 PDR-

MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: Eric S. Beckjord, Director Office of Nuclear Regulatory Research

SUBJECT:

REGULATORY REFORM r>JLEMAKING PACKAGE Enclosed for your signature is the final rulemaking on the above subject.

On August 14, 1992, the representatives from the Offices of NRR, NMSS, ADMIN, IRM, OE, OSP, and OGC met to discuss the final rulemaking package. The purpose of the meeting was to expedite the consensus process. Office representatives either provided their concurrence directly or provided comments as a condition for their concurrence. All of the comments that were agreed upon at the meeting are included in the package. The public announcement is being prepared by the Office of Public Affairs.

Eric S Beckjord, Director Office of Nuclear Regulatory Research

Enclosures:

1. Rulemaking Package

2. Daily Report to Commission Distribution: [TRNSMIL.MEM) i Subj: circ:chron O ESBeckjord CJHeltemes BMorris FCostanzi LRiani JTelford CNilsen JMate RDB r/f Offc Name: viate:lc RDB SBahadur Morris ES DD 'kiRES CJ h

temes E t-kjord Date: 3 /!)/92l 7//7 /92 8/ /92 o ggj92

/ ////92 4/O 0FFICIAL

/92 RECORD COPY

f DCC. FILE NAME: TRNSMTL.MEM LONG DISPLAY: REGULATORY REFORM RULEMAKING PACKAGE CREATED: 08/14/92 AUTHOR: Joe Mate REVISED:

TYPIST: CJones TIME: 3:15 pm

~

EXCERPT:

MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: Eric S. Beckjord, Director Office of Nuclear Regulatory Research

SUBJECT:

REGULATORY REFORM RULEMAKING PACKAGE

Federal, Register /dVela 67,nNo. 200./,MondayrAugustsel/ 2092hRules and<Re th 893S3 ', .

transporting the saltdetum owine Jo John J.Riniatare swino. swine bred and W.* i andcla'rification and update of :-Al .

F. Kennedy Airport is a mall portion of raised as pets or for laboratory 1esting * . regulations affecting certain material 71 the overallcast of exporting them. . . purposes that do not welgh more than .. licensees. mm nr9 , n v:3.

~ alloWIDS use of tosanlatemational . 200poundsatmaturity wp m 1 syeem os octog,7so,y,,,m m>. ,

Airport in Massachusetts will have . *

• a ,* *. m .:t ! .

- - - ' - * < ^ ' : .-

F0" M*E" 8*0""AN NACL -

mirdmal emnomic effect on the - 8. In i 91.14. paragraph (a) is amended Mr. C.W. Nilsen, telephone- (301) 492 .. '

exporters. Further, since this action by redesignating paragraphs (a)(7) , c. 3834 or Mr.}oseph J. Mate lelephone s involves one type of ammal,it is through (altle) as paragraphs (a)(8) .

unlikely to have any significant effect on through (a)(17), respecttvely, and by : , , (301)4924795,Officeof Nudear 3, .

adding a new paragraph (a)(7) to nad as Regulatory Research, U.S. Nudear -

any entity involved in handling or transporting livestock. Regulatory (%= miaalon, Washington, follows: '..

Under these circumstances, the DC .T555. ,

0 01.14 Ports of emt>artation and export , ,,, , g , ,

Administratot of the Animal and Plant 11ealth inspection Service has W'""'*- . .

determined that this action will not have (a) * *

• Badtgramd (7) Massachusetts. [1] Boston-airport a algnificant economic impact on a only. On Januap im, b Nsent of substantial number of cmall entitles. the United States algned a memoroadum (A)LoganInternational ALjort ,

PaperworkReduction Act (miniature swine only), East Boston, addressed to selected Federal Agency This rule contains no new information Massachusetts 02128,(017) 565-4649.. }{eads who are concerned with energy

• * * *

• production and protection of the collection or recordkeeping requirements under the Paperwork Done inWas%gton,DC, this 26th day oy environment.%e memorandam . . .

Reduction Act of 1940 (4i U.S.C.3501 et August 1992. requested the addressees work together Robert MeHand, to streamline the regulatory process and seq.).

-A dministotar. AalaalandPlant Hochh ensure that the regulatory community is Executive Order 1:372 Inspection service, not subject to duplicative or inconsistent

%is programf acthity is listedin the (FR Doc. 824nS91 Fued 6-28-92; e 45 am) regulatim.

Catalog of Federal Domestic Assistance u.a.ocoor m .u.a On the same day, the President signed under No.10m5 and is subject to ~~-~

a second memorandum entitled Executive Order 12372, which requires " Reducing the Durden of Government intergovernmental consultation with NUCL. EAR REGULATORY Regulation? %!s memorandum, which State and local officials. (See 7 CFR part COMMISSION was sent to all Federal egencies, oct 3015, subpart V.) aside a 90-day pened to review and 10 CFR Parts 20 and 50 evaluate existing regulations and Executive Oh 6 programs and to identify and accelerate RIN St50-AE30

%Is rule has been reviewed under action on initiatives that will elhainate Executive Order 12778, Civil Justice Reducing the Regulatcry Burden on any unnecessary regulatory burden. At Reform. %Is rule: (1) Preempts all State Nuclear Ucensees the end of the review period, agencies and locallaws and wgulations that are were to submit a written report inconsistent with this rule: (2) has no AcEncy: Nuclear Regulatory indicating the regulatory changes ~

retroactive effect; and (3) does not Commission. recommended or made during the require administrative proceedings ACTION:Unal rule, review period and the potential savings

" "' as a result of the changes.

h; [g , yj,; suuuAny:ne Nudear Regulatory Commission (NRC)is amendingits In response to the Presidential Ust of Subjects In 9 CFR Part 91 regulations to reduce the regulatory memoranda, the Commission decided

! Animaldiseases Animalwelfare, burden on nuclear licensees. This action that it would be consistent with its l reflects an initiative undertaken by the policy to monlict the impact of, Exports, uvestock, Reporting end I Commission in response to a complying with NRC rquistions by its -

recordkeeping requirements, Transportation. - Presidential memorandum requesting licensees to instruct its Committee to that selected Federal agencies review Review Generic Requirements (CRGR)

Accordingly,9 CPR part 911s to review existing NRC regulations to and modify regulations that would amended as follows: '

determine whether regulatory burdens eliminate any unnecessary burden of PART 9t--4NSPECTION AND - governmental regulation and ensure that can be reduced without in any way i

- HANDt.ING OF LIVESTOCK FOR the regulated community is not subject reducing the protection for the public l

EXPORTATION to duplicative or inconsistent regulation. health and safety and the common In that spirit. the NRC's Committee to defense and secwity. In accomplishing

1. The authority citation for part 91 Review Generic Requirements (CRGR) their review, the CRGR drew upon continues to read as follows: identified eight areas where regulations previous studies and solicited comments Authmity: n UAC.105,2ta n3.uta.120. could be revised to reduce the 1

121.134b.134f. et t. ets. e14. ete,46 Usc. regulatory burden on licensees without . imm the ataft and the Commission's public, other. Federal A Federal l

' 406a. 406b,40 UAC. 2509(d)J CFR at7,2.51 In any way reducing the protection for Registar Notlee was published on .

and 371.2(d) the public health and safety or the February 24.1992 (57 FR 6299) seeking

• 2. In i 91.1 e defm' ition for

• miniature common defense and security.The final public cogunent la connection with the

. - swine"(s added in alphabetical order to amendments addreas unnecessary . review, and a second Federal Register i read as follows: , eL , regulatory requirements related to the Notice on March 23,1992 (57 FR 9985) 5 4 < frequency of seporting information, , discussed likely or possible candidates _

( 91.LDefinitions- analysis of emergency core cooling for action, based on CRCR's preliminafi

• * - systems for operating powerreactors, - evaluation of comments, An associated eh--a* ww he r

{l" h .

1

f Federal Register / Vol. 57. No.169 / Monday August 31, 1992 / Rules 'and Regulations 39354  ::

subject contamination monitoring 5.Commeht One commenter d

-public meeting was held on March 27 questioned whether the monitoring d

- 1992, in Bethesda, Maryland. requirements of the new part 20 After completing their special review, essentially the same as those contained requirements were applicable for '

the CRGR recommended revising the a, the existing part 20 () 20.205(b)(1)(iii) packages that show evidence of damage. .

Response. The wording of to CFR - m regulations in eight areas. The proposed and (c)(1)).

2. Comment One commenter opposed 20.1000(b)(3) has been revised 'o i revisions met the criteria for reducing -'

the burden without in any way reducing the rule on the basis that scaled sources indicate more clearly that packages with the protection for public health and routinely leak and, therefore, should not evidence of damage are to be monitored safety and common defense and be excluded from monitoring. for both radioactive contamination and security. The commenter cited an example for radiation levels.

where a driver and's truck were 0, Comment Several commenters  !

• The Chairman of the NRC sent a )

report to the President of the United contaminated because of a failure to requested that the proposed wording to States on April 77.1992, which conduct a proper radiation sweep. 10 CFR 50.71(e)(4) concerning FSAR 3 summarized NRC's activities concerning updates be revised to decouple the 7 Response.The final rule does not  ?

the President's directlye and advised the exempt licensees from monitoring or FSAR updates from the refueling cycle and that the 24-menth requirement for 2 l. -

President that NRC would pursue the surwying any packages with evidence '

updates is an unnece.Jary restriction. - A CRGR e recommendations enpeditiously of degradation of package integrity.

Response.The proposed changes 4 ;

within the framework of the procedures including evidence of potential were not accepted.ne majority of  ! i end practices for rulemaking. contamination. Likewise, this revision On June 1,1992,in response to a does not relax the preshipment facility design changes reflected in an  ; I

~

memorandum from the President of the requirements for monitoring of packages updated FSAR are effected during the United States, dated April 29.1992, the contained in 10 CFR part 71.The NRC refueling outage.The use of the refeling .

Commission directed the staff to sinve does not have any evidence that cycle interval provides for a current . .

to publish the proposed rule changes in supports the commenter's assertion that plant st-tm doc >ent that is the eight areas identified by the CRCR coordin...,d wi cant changes.The 1 sealed sources routinely leak and, thus, in the Federal Register for comment as the NRC believes that the requirements wording of $ 50Ne)(4)is not restrictive i e 0t a " in place are sufficient to detect potential to plants that will eventually increase 1, Q g"g",{Pos g 9, b abnormal situations. No amount of their refueling cycle to 24 months. . .

6 rules in the Federal Register no later regulation can, a priori, preclude all 7. Comment. Three electric utilities . ,

than August 27.1992. On June 18.1992 incidents involving leaking sources. requested that the proposed wording in 9 (57 FR 27107), the NRC published the iI wever, these incidents can be dealt 10 CFR 50.36(a)(2) concerning

+

proposed rulemaking in the Federal with through followup inspection and radiological effluent reporting be revised j Register for conunent.The comment enforcement under the present to specify a particular date, One s period expired on July 20,1992. regulatory scheme, commenter suggested: %e report must .t be submitted as specified in i 50.4 prior ;j (

Summary and Analysis of Public 3. Comment. Several commenters Comments addressed in general terms the need for to March 31 of each year," . 7 l the NRC to continue its efforts to reduce Response.%e wording of to CFR )  ! '

%irty comment letters were received 50.30(a)(2) gives the licensee maximum j on the proposed rule and are available any unnecessary regulatory burden on licensees through amendments to1o flexibility for scheduhng submission of i for public inspection, and copying for a radiological effluent reports with the 7 ,

fee, at the Commission's Public CFR chapter 1. .

i '

Response. The NRC will continue its - only restriction being that the interval Document Room located at 2no L street, fAV (Lower level), Washington, DC, efforts to identify additional - between reports must not exceed 12 months.The reporting requirements f .

amendments that will provide for a - -

g !t The comments on the proposed rule reduction in regulatory burden while remain as proposed.

came from a variety o. sources, These 8. Comment.Two commenters ,j !

included private citizens, publicly-held still assuring adequate protection of the suggested that the amendments trylicate j ,.

corporations, citizens' groups, the armed public health and safety,

• that the changes in reporting 7 .

forces, industry representatives, electric 4. Comment. One commenter questioned the basis for exempting from requirements of the new regulations }

power companies or their take precedence over the existing 4 representatives, and legal firms. Eleven external monitoring for radiation levels only nuclear material that was either in license technical specifications or ~8 ,

significant points were raised by the license conditions where there may be a 0 '

the form cf a gas or in a special form -

commenters.Of the 30 commentletters /

conflict.

received. 28 letters were favorable and 2 since the external radiation levels are Response.We proposed amendments @(

letters were partially opposed to the dependent upon radionuclides, quantity, shielding, and distance between are generic and licensees may request - f regulation changes. The comments and administrative amendments to any t radioactive material and the point of their resolutions are discussed below, conflicting license condition or technical

1. Comment. One commenter interest rather than material form. ,

. Response. The NRC agrees with the specification as needed. r suggested that the Commission not only e i n 9, Comment.Two commenters '

amend i 20.1906(b) concerning commenter that the requirement to-contamination monitoring, but also issue ~ survey. upon receipt, the radiatfor. levels suggested that NRC reconside d f'

'i a statement that those licensees still on the package exterior abould be based for licensees to submit 10 CFR 50.30a(2). .1 on the potential radiation hazard.- effluent release reports and 10 CFR 50.59 , 'q {

operating hnder the old part 20 not be reports concerning annual design

;i required to monitor packages for Therefore, the requirement specified in -

changes.The conunenters noted the contamination that meet the conditions to CFR 20.190G(b)(2) that c2onitoring of radiation levels be performed on labeled requirement for these reports was issued j L' i of f 20.1906(b).a - t Response. The NRC does not believe packages is being revised to delete the before the FinalSafety Analysis Reporti 9 f {l that the suggested change by the - exemption that the radioactive material were required to be updated periodicalN Y ;

commenter is necessary because the. - be in the form of a gas orin special form and before resident inspectors were' '

o m e assigned to all reactor sites.The amendment of i 20.1906(b) will make the as defined in to CFR 71.4. - 6

7.~ - FederaliRegister [.Nol. 67.:NoJ109 lJidonday,' August.31 d992 / Rules end Regulatione # 39355 - '

w.

comntenters also observed IIst llaese L ' maximum of 6 months' prior to the date . 1ContaminallonMonhoritigof .F 4 reports are now avallable on site for of filing." . . - . . Nciqges(10 CTR 2a14Ka1(6/) m i review by inspectars at any thne and Dunna the n==.nt period on this nis action clarifies fhe' regulations th:t most dealgn changes are re!!ected , proposed rule. Yankee Atomic Electric ' ' and reduces the monitoring burden for' in the PSARs. Further, the commenters Co. stated that the period between - packages containirut radioactive '

did not believe that these reports are successive FSARupdates should not be materialin the form of a get or in a routinely reviewed by Die NRC staff. limited to 24 months as proposed.%elt special form as defined in 10TTR 71.4.

%e commenters believed that if the rationale was'that the restriction of 24 De estimated savings tolicensees is requirements to submit such a report months was unnecessary, $101 million.

N#

imp o afety,il n m 1 Fregacy o/RodiologicoWfluent evaluations could continue to be Ator[El tric Co 1 etter of N "##I july 20,1992,the NRC again reviewed N#l*#* l#

the petition (PRM 60-65) submitted by his action reduces the requirements e n e o$e a all r .%e Yankee Atomic Dectric Co.and the - for the submission of reports conceming commenters believed that the deletion the quantity of principal nutildes e mments submhtedin response to the

' of these requirements would contribute Notice of Receipt. Based on this nyiew. released to unrestricted areas in liquid to significant increased savings by the NRC bebeves that the current action and gaseous efauents from licensees being taken to reduce the burden on semisunually to annually.

Response.%e consequence of eliminating the requirements for these nuclearlicensees is substantially similar %e estimated savings for this action, reports requires significant additional to the relief requested in the petition. assuming an average remainlag plant -

%e 24-month interval for succesalve life of 20 years. la $t(La00.000 for cesesenent. Rus, the proposed revisions have not been modified in ISAR updates is addressed in comment licensees and $300,000 for the NRC.

order not to delay the benefit of burden number o above.lt should be noted that 4 Use offuelevich Zirconiurn.Sosed reduction. Although this proposal will the petition did not contain a specific (Other than Zircoloy) Cloddmg (r0 CFR not be addressed in the current reference lo a number of months M44. Med and Appendix K 80Ibit 50) rulemaking, these suggested revisions regarding samaalve ISAR updates.

. will be evaluated as part of an ongoing With respect to the petitioner's concern nl action revises the acceptance about multiple facilities sharing a criteria in 10 CFR 50.44 and 50.46, NRC effort.

10. Comment. One commenter common ISAR. licensees will have relating to evaluations of emergency questioned whether the changes in maximum flexibility for scheduhng - core coollag systems and combustible reporting inquency of faciirty changes updates on a case 4y. case basis.Wie gas control applicable to zircaloy clad under 10 CFR 6059. FSAR updates, and final rule does not address multiple fuel to include ZIRLO clad fuel.nle radiological efDuent reports would facilities. revision to include ZIRID as an impair the ability of the NRC to review nis final ruleis considered by the , acceptable zirconium based cladding

.the information in a timely manner. material along with zircaloy will reduce NRC to grant the petitian subenitted by Response. %e resident inspector the Yankee Atomic Electric Co.This the licensee burden but will not reduce pmgram along with regional regulatory the protection of the public health or final rule constitutes final NRC action programs provide timely and in some on the petition. safety.ne NRC will address, through cases day-by<isy review of facility . an appropriate separate rulemaking. the operations.ne changes being made will Discussion use of other similar zirconium based not impair NRC's abihty to review the ** "" *** "

• The Nuclear Regulatory Commission la amending 10 C.FRE arts 20 and 50 to

"""* *"'I ""

• II * ** "* **

11."Cornment One commenter materials have been completed.

(Yankee Atomic Electric Co.) stated that implement the eight proposed actions The estimated savings for eliminating the FSAR update changes discussed in identified below and also identified in the need to promsa reatrrmg Action item 1 in the proposed rule and Oe Mpod on Wal,Rp of exemptions to the regulations to Existing NRC Regulations that was licensees is $2 million and the savings to in Actionitem 7of this document emanated from a petition for rulemaling c mpleted by the CRCR and that was the NRC is $50.000.This estimate is that they submitted to the NRC on attached to Chairman Sehn's letter to based tn six plants per year requesting February 0.1990 (PRM 50-55).%e the White 11ouse dated April 27.1992.

the use of ZlRLO clad fuel over the next notice of receipt for this petition was These actions wt!! not reduce the B years.

published in the Federal Register on pr tection of the public health and May 3.1990 (55 FR 18608). The petitioner safety or the common defense and 5. Receipt Back of Pmcessed Low Level originally requested that nuclear power security.Each of the eight aetions is Woste (10 CFR 50.54) plant licent.ees be allowed toide FSAR discussed below.- This action is addressed in a separate reports at periods greater than annually. 1. Posting ofRooms Oxupied by rulemaking. For additional information.

They suggested that i 50.7t(e)(4) be Diggnostic Nuclear Medicine Patient, see the proposed rule entitled " Receipt revised to read as follows:" Subsequent (10 CFR 20.1903(b)) of Dyproduct and Special Nuclear revisione shall be filed no later than 6 Material" published in the Federal months after completion of each The revision reducca the posting Register on April 24.1992 (57 FR 15034).

planned refueling outege for a licensee's requirements for rooms in hospitals facility,if two or more facilities share a occupied by patients administered 6. AnnuotDem.gn Char;ge Reports (10 common FSAR. the licensees shall radioactive materials who might CFR 50.59) designate the refueling outage schedule ' otherwise be released from connnement This action revises the requirements on one of the multiple facilities to under the provisions of 10 CFR 35.75. for the annual submission of reports for establish the schedule forrevisions of The estimated savings to licensees is facility changes under 6 50.59 (Changes, "

the common FSAR.The FSAR revisions $300.000 for elimination of the need for tests, and experiments) to conform with shall reflect all changes up to a posting. the proposed change for updating the 1

l l

e s

~ ~ _ . . ~ ,

o 1e 3935G Federal Register / Vol. 57, No.109 / Monday, August 31. 1992 / Rules nnd Regulations  !

a Annual Design Change Reports-to response for operating power reactors

-FSAR (see item 7). nis action does not change the frequency of reporting affect the substance of the evaluati >n or and 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> per response for certain changes at power reactors from once per the documentation required for i 50.59 materials licensees, including the time year to once per refueling cycle (10 CFR type changes. It only affects the interval for teviewing instructions, searching 50 59(b)).

existing data t.ources, gathering and for submission of the information to the maintaining the data needed, and 7. Frequency of Final Safety' Analysis - .

NRC,Instead bf submitting the Information annually, the information completing and reviewing the collection Report Updates-to change the '

of information. Send comments frequency of safety analysis report can be submitted on a refueling cycle regarding this burden reduction or any updates from once per year to once per basis, provided the interval between refueling cycle (to CFR 50.711 successive reports does not escred 24 other aspect of this decrease in the collection of inforniation includmg B. Elimination of unnecessary event months. repnrts-separate rulemaking (10 CFR The estimated savings for this action, suggestions on this reduced burden to assuming an average remaining plant the Information and Records 50.72 and 50.73).

Management Ilranch (MNUib7714), U.S. Each of these actions considers the hfe of 20 years,is St.500,000 for licensees and $400.000 for the NRC, Nuclear Regulatory Commission, el mination or relaxation of regulatory 8 requirements currently imposed on NRC

7. Frequency of FinalSafety Anolysis O fi e n i ensees. Achon hems 1 and 2 wouM Report (FSAR) Updates (10 CFR 50.71) Regulatory Affairs NEOlb3019 (3150- affect materiallicensees while Action j nis action provides licensees with an 0011,315M014). Office of Management Dems 3 through 8 would affect power option from the current requirements for and Dudget Washington, DC 20503. reactor licensees. For each regulatory the annual updating of the Final Safety action, the NRC has evaluated the Regu atory Analysis Analysis Report (FSAR). In lieu of an health and safety implications and the The NRC is amending its regulations cost impacts relative to a status quo annual submission. licensees may ,

to reduce the regulatory burden on choose to provide the required alternative.The NRC finds that each ,

nuclear licensees. This action reflects an would result in a reduction in burden.

information once per each refuehng initiative on the part of the NRC and outage. Updates to the FSAR can be without reducing protection of the pubh,c submitted 6 months after each refuehng responds to the spirit of President Dush's health and safety.The public health and memoranda of January 28,1992, which outage, provided the interval between requested that selected Federal agencies safety determination appears in a , l ,

successive updates to the FSAR does document entitled " Report on Specia review and modify regulations that will Review of Existing NRC Regulations by not exceed 24 months.This action does reduce unnecessary burden of I not affect the substance of FSAR the Committee to Review Generic ,

updates. governmental regulation and ensure that Requirements" issued on April 13,1992 the regulated community is not subject Additionally, an analysis of the safety The estimated savings for this action, to duplicative or inconsistent regulation, assuming an average remaining plant The NRC has identified eight rulemaking implications of Action item 4 is hfe of 20 years,is $11,100.000 for available in a U.S. NRC letter to i heensees and $910,000 for the NRC. actions that would eliminate duplicative Westinghouse Corporation dated July 1.

or inconsistent regulatory requirements. 1991, entitled " Acceptance For j I

i a Eliminoh.on of Unnecessary Event S x of the actions are included in this Referencing of Topical Report WCAP-Reports (10 CHl 50.72 and 50.7J) package.Two of the eight actions are ]

12610" Ventage + Fuel Assembly .

his action is addressed in a separate being processed as separate Reference Core Report" (TAC NO. ,

tulemaUng. For additional information, rulemakings and are not discussed here. r The eight actions are as follows: 77258)."

see the proposed rule entitled " Minor The cost savings to both the licensee ,

1. Posting of Rooms Occupied by Modifications to Nuclear Power Reactor Diagnostic Nuclear Medicine Patients- population and the NRC appear below, '

Event Reporting Requirements" Dollar impacts are expressed on a 1992 to include exceptions for posting .

published in the Federal Register on present worth basis in 1992 dollars. The ,

requirements for rooms in hospitals for >

june 26.1992 (57 FR 28642). basis for these cost estimates is 2 patients administered '

EnvironmentalImpact: Categorical radiopharmaceuticals for diagnostic available in a report entitled " Analyses ' '

of Potential Cost Savings for Selected Extlusion tests (10 CFR 20.1903(b))

2. Contamination Monitoring of NRC Reforms" dated June 10,199 .

• The NRC determined that the final regulation is the type of action described Packages-to eliminate certain '

in categorical exclusions 10 CFR 51.22(c) provisions for contamination monitor;ng TOTAL DISCOUNTED a Cost SavtNos As-(2) and (3). Therefore, neither an of packages containing certain types of soctAtto WITH PnOPOSED REGULA-environmentalimpact statement nor an radioattive material (to CFR 20.1900(b))' tory Revisions

3. I requency of Radiological Effluent  ?,

environmental assessment has been tin mens os 1992 win.1 prepared for this final regulation. Reports-to change the frequency of B'9 % * **" * *"'*** NRC j

Papetwork Reduction Act Statement f[uent rom t i per year o ce per  ?

This final rule amends information year (to CFR 50.36a). "** 1 ~ 03 *** I i

l collection requirements that are subject to the Paperwork Reduction Act of 1980 Cladding-to eliminate the need to

4. Use of Fuct with Zirconium-Based

$# _ M2c o oso obtain exemptions in order to use n.m 4 (44 U.S.C. 3501 et seg ).%ese 'N/A eNeA' Hem 5 3

requirements -ere approved by the certain fuel cladding material not "" 8 '5 0 '* "

4 presently addressed in the regulations

]' Office of Management and Dudget approval numbers,3150-0014 and 3150-- (10 CFR 50.44,10 CFR 50.40 and to CFR D .N ' .$)$[

part 50 appendix K). >

}p 0011.

The reduction of the public reporting 5. Receipt Back of Processed Low i Asseas en annual reat duoum rate of 5% i J

{

burden for this collection of information Level Waste-separate rulemaking (10 [ e9'P'5'%' P *1** T not wpaata-separate n*maung

^

f is estimated to average 208 hours0.00241 days <br />0.0578 hours <br />3.439153e-4 weeks <br />7.9144e-5 months <br /> per CFR 50.54). ,

I l

'- - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~ ~ ' ' - --

f - , .

s Federal Regl5ter /;Vol. 57,- Noc,109 / Monday, August 31, 1992 / Rules and Regulations 39357.

. ne NRC concludes that each of these Energy Reorganization Act of1974, as contamination unless the package . he, proposed regulatory revisions is justified amended, and 5 U.S.C. 552 and 553, the contains only radioactive material in t

- due to the net cost savings that will NRC is adopting the following .

form of a gas or in special form as ccerue without reducing public health amendments to 10 CFR parts 20 and 50. defined in 10 CFR 71.4i , ,

"and safety l -

+P" - ~~ * -

(2) Monitor the external surfaces of a -

PART 20--STANDARDS FOR label d ** ck i di ti

- Regulatory Flexibility Certification PROTECTION AGAINST RADIATION level unles the pa age' con a na As required by the Regulatory 1,ne authority citation for part 20 quantities of radiocctive maferlal that Flen,1bility Act,5 U.S.C 005(b), the , are less than or equal to the Type A .

continues to read as follows:

Commission certifies that, this rule will quantity as defined in i 71.4 and '

ri s 53 81, not have a significant adverse economic u,t 9 1,04 101, appendix A to part 71 of this chapter; impact on a substantial number of small 953. 955, as amended (42 U.S C 2073,20a3, and .,

entitles,he NRC has adopted size 2n95, 2111, 2133, 2134. 2201. 223L 2238), secs. (3) Monitor all packages known to standards that clasfly a sniell entity as 201. as amended. 202,20G. 88 Stat.1242, as contain radioactive material for a small business or organization, one amended. 1244.1240. (42 U.S.C. 5841. 5842' radioactive contamination and radiation whose gross annual receipts do not 5840). '

levels if there is evidence of degradation esceed $3.5 million, or as a small . Section 20 400 also issued utider secs.135' oI padage 6tegdty, such as packages 141, Puh L 97-425,90 Stat. 223: 2241,(42 governmental jurisdiction whose US.C 10155,10181) that are crushed, wet,or damaged.

supporting population is 50,000 or esa. * * * * *

• For the purposes of sec. 233,08 Stat. 958, as

• De first two issues involve the amended (42 US C 2273):

relaxation of requirements which wu, l i l m101, m102, 20.103(s). (b). and (fl. m104 PART 50--DOMESTIC UCENSING Of ,

affect ppproximately 5,000 material tal and (b), mios (bh m 06 (n), m:01,20:02 PRODUC110N AND UTILtZATION licensees. Although many of these (el. 20205. 20207. 20.301,20.303 m304, and FACIUTIES licenseea may be small entities, there - m305, m1102, m1201-20.1204, m1200, n should be no adverse impact on these m1207. 20.120s, 20.1301, m1302. m1501, 4.ne authority citation for part 50 M1502,21601 (a) and (dl. 201002, 20.1003,

, smalllicensees because the regulatioU 20.1701, m1704, 201801, M1802, 20.1901(a). continues to read as follows -

are being relaxed The remalning six M1901 M1904. m1900. 202001,22002. Authority: Secs.102,101,104,105,161,182.

issuea aIfect 112 power teaetor 20.2003,20 2004,20 2005(b) and (c). 20.2000, 183,180,189,08 Stat. On 937,938. 948. 953.

licensees.The companies thet own these 20.2101-20.2110. 202201-202206 and 20.2301 954,955,9a ae amended, sec. 234,83 Stat.

plants do not fall within the scope of the are issued under sec.181(b). 68 Stat. 948 as 1244, as amended (42 US.C 2132. 2133,2134, definition of "small entities" set forth in amended (42 US.C 2201(b)); I 202100(d) is 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs.

the Regulatory Flexibility Act or the issued omder the Privacy Act of 1974, Pub. L 201, as amended 202,206. 88 Stat.1242, as 93-5'9. 5 US.C 552a: and iI m101 m103(e), ernended.1244,1246 (42 US.C 5841,5842.

NRC Size Standards. M401-m407,20 408(b),20 400. 20.1102(a)(2)

' 5846).

Backfit Analysis and (4),20.1204(c), m1200 (g) and (h). Section 50.7 also issued under Pub. L 95-m1904(c)(4). m1905 (c) and (d),20.2005(c)- 601, sec.10,92 Stat. 2351 (42 US.C 5851).

The NRC has detcrmined that the *U'20 6(bHd),20.2101-20210 , m2104(bHd). Section mio also issued under seca.101,185, backfit rule

• 10 CFR 50.109, does not 202105-202100, and 20.2201-202207 are 68 Stat. 936,955, as amended (42 US.C 2131, apply to this final rule and, therefore, issued under sec.1810,68 Stat. 950, as 2235); sec 101 Pub. L R1-190,63 Stat l853 (42 that a backfit analysis is not required mended (42 U.S C 2001(o)) US C 4332) Sections 50.13,5054(dd), and because these amendments do not 2. Section 20.1003 is amended by 50.103 also issued under sec 108,68 Stat.939, involve any provisions that would revising paragraph (b) to read aa as emended (42 US.C 2138). Sections 5023.

Impose beckfits as defined in 10 CFR m35,50.55, and m50 also issued under sec.

go;;ow,.

50,109[a)(1).

185,68 Stat. 955 (42 U.S C. 2235). Sections l 20.1903 Exceptions to posting 50.33a, m55a and appendix Q also issued List of Subjects requiremente, under sec.102. Pub. L 81-190. 83 Stat. 853 (42

. . . . . U S.C 4332). Sections 50.34 and m54 also 10 CFR Port 20 issued under sec. 204,88 Stat.1245 (42 U.S.C (b) Rooms or other areas in hospita;s 5844). Sections 50.58,50.91, and 50.92 also Byproduct material, Criminal penalty, Licensed material, Nuclear matedals, that are occupied by patients are n lasued under Pub. L 97-415,96 Stat. 2073 (42 required to be posted with caution igns US Cs! 2239). Section m78 also issued under Nuclear power plants and reactors, Occupational safety and health, pursuant to i 20.1902 provided that the ,,c,32: 68 Stat. 939 (42 US.C 2152) Sections patient could be released from 50 e0-50 Si ateo issued under sec.184, c8 Stat.

Packaging and containers, Radiation 954. as amended (42 US.C 2234). Appendix F protection, Reporting and recordkeeping confinement pursuant to i 35.75 of this also issued under sec.187,68 Stat. 955 (42 requirements Source material,Special chapter, nuclear material, Waste treatment and p ses of sec. 223,68 Stat 9m as disposal. 3. Section ,

m1906 is amended by amended (42 U.S.C 2273); il 50.5,240(a)

"i'l"8 paragraph (b) to read as and (b), and so.54(c) are issued under sec.

10 CFR Part 50 follows. " 101b,68 Stat. 948, as amended (42 US C Antitrust, Classified information, Iam p M, e9 and _

2201(b)); u 50.5,50.7(a),50.10(aHc), m34f al and (e),50.44(aHe),50 46(a) and (b). m47(b).

Criminal penalty, hre protection, pening packages. 50.48(a), (c), (d), and (e) 50.49(a), So.54(a), (i),

Incorporation by reference,. , ,

(i)(th (lHn). (p), (9). (t), (v), and (y),50.55(f),

Intergovernmental relations, Nuclear ms5ala), (cHe). (g), and (h),50.59(c),

power plants and reactors, Radiation . . (b) Each licensee shall-(1) Monitor the external surfaces of a meota). 50.e2(b),50.64(b),50.a5, and 50.80(a) protection, Reactor siting criteria, labeled 8' package for radioactive and (b) are issued under sec. te11. 68 Stat.

Reportin8 and recordkeeping 949, as amended (42 US.C 2201(1)); and _ -

1. ' ll 50 9. 50 49(d), (h) and ()),50.54(w). (r), (bb).

For teasons act otit in the preamble ** Labeled with a Radioactive Whue L YeCow (ce), and (dd). m55(e). 50.59(b), m61(b).

it, or venow m 1.bei .s .p.ctried to us.

and under the authority of the Atomic p,p,,un,,, on,,,,pon 1,,, ,esul uons. 49 cn so.02(b). 50.70(a), 50.71(aHc) and (e), 50.72(al-Energy Act of 1954, as amended, the m4ca and v2.4w.44a 50.73(a) and (b),50.74. 50.78 and 50 90 are 44

g ,, ,._ _

1

A, 31, 1992 / Rules and Regulations

i 39358 l'ederal Register /_Vol. 57. No.109 / Monday, August

! w 7. Section 50 46 is amended by 9. Section 50.71 is amended by

, inued under sec.1eto.66 Stat. 950 as revleing paragraph (e)(4) to read as

- srne,nded (42 U.S.C. r201(o)). revising paragraph (a)(1)(1) to read as

[. 5. Section 50.30a is amended by follows: follows:

j j vising paragraph (e)(2) to read as g 50,4s Ace.ptane, criterta tog emergency g so.71 nsaintenance of records, making of U"E core cooling systems for light water reporta.

• o *

• l nucseer power r ctors. .-

• 1 I 50.36. Teewest specmeauons on (e) * *

• emuents trom noc6eer pown reactors. (a)(1)(i) Each boiling and pressurized l (4) Subsequent revisions must be filed light water nuclear power reactor fueled annually or 6 months after each

) (a) * *

• I (2) Each licensee shall submit a report with uranium oxide pellets within refueling outage provided the interval to the Commission annually that cylindrical tircaloy or ZIRLO cladding between successive updates to the

{b specifies the quantity of each of the rovided with an emergency principal radionuclides released to must core coo be fing system (ECCS) that must be FSAR doo noi exceed 24 months.

( unrestricted areas in liquid and in designed so that its calculated coohng revisions must reflect all changes up to a maximum of 6 months prior to the date T

k gaseous effluents during the previous 12 performance following postulated loss.

months of operation. Including any other of. coolant accidents conforms to the of fihng, a

information as may be required by the criteda set forth in paragraph (b) of this 1 Dated at Rockville, Maryland, thts 19'.h day Commission to estimate maximum section. ECCS cooling performance must

,- of August 1992.

4 potential annual radiation doses to the be calculated in accordance with an public resulting from effluent releases. acceptable evaluation model and must - For the Nuclear Regulatory Commlealott

%e report must be submitted as be calculated for a number of postulated ' James H. fielesek, ~

Acting Executive Directorfor Operations.

specified in i 50.4, and the time between loss-of coolant accidents of different submistiion of the reports must be no sizes, locations, and other properties [11 Doc. 02-2o855 Filed 64A-e:t eL45 sml longer than 12 months. lf quantities of sufficient to provide assurance that the .ua,a coa, n un 8

radioactive materials released during most severe postulatedloss-of coolant --

', f the reporting period are significantlY accidents are calculated. Except as

! above design objectives, the report must provided in paragraph (a)(1)(ii) of this section, the evaluation model must SEWRmES M NME cover this specifically. On the basis of these reports and any additional include sufficient supporting information ther'ammission may obtain justification to show that the analytical . 17 CFR Part 202

. from the licensee or others, the technique realistically describes the Commission may require the licenses to behavior of the reactor system during a (Release Nos. 33-6952; 34-31071; 35-25612; take action as the Commission deems loss of-coolant accident. Comparisons to 39-2289; IC-18905; I A-132S; FNe No. -

$7 appropriate, applicable experimental data must be 441 l * *' * *

• made and uncertainties in the analysis i- Temporary Lockbox Rule E . 6. Section 50.44 la amended by

• method and inputs must be identified and assessed so that the uncertainty in AGENCM Securities and Ex' change f revising the introductory text of paragraphs (a), (b). and paragraph (c)(1) the calculated results can be estimated. Commission.

i to rt ad as follows: - . This uncertainty must be accounted for, gg g so that, when the calculated ECCS

$M Stahiwcombum p Cooling performance is compared to the suussARY:The Commission is extending control eystem in l6ght water cooled poww cnteria set forth in paragraph (b) of this for one year the effectiveness of a

~

reactors. section, there is a high level of temporary rule, adopted in June,1984.

(a) Each boiling or pressurized light- which permits filing fees to be remitted -

probabihty that the criteria would not Water nuclear power reactor fueled with be exceeded. Append.xK.Part II, to a U.S. Treasury designat'ed lockbox oxide pellets within cylindrical zircaloy . Required Documentation, sets forth the depository located in Pittsburgh, or ZlRID cladding must, as provided in documentation requirements for each . Pennsylvania.Use of thelocktmxis paragraphs (b)through(d)of this evaluation model. currently voluntary except for those section, include means for control of * * * *

• entities filing on the Commission's hydrogen gas that may be generated. Electronic Data Gathering. Analysis and following a postul'ated loss-of-coolant 8. Section 50 59 is amended by Retrieval (EDGAR) rystem This acti.on accident (LOCA), by-- revising paragraph (b)(2) to read as will permit registrants to continue tu use

. . .. *

• follows: the lockbox pending adoption of a (b) Each boiling or pressurized light. $ 50.59 Changes, tests and experiments, permanent rule.

water nuclear power reactor fueled with * * * *

• EFFECTIVE D ATE: September 1.1992 oxide pellets within t.y!Lndrical zircoloy ,

through September 1,1993, or.ZlRLO cladding must be provided (b) * *

• FOR FURTHER (NFORM ATION CONTACT: .

with the capability for- \ (2)The licensee shall subrmt. as

• * ** *

• specified in l 50.4. a report containing a Wilson Butler, (202) 272-7210, Director.

t brief description of any changes, tests, Office of Filings,Information and (c)(1) For each bolling or pressurized light-water nuclear power reactor fueled and experiments, includingExchange a summary ~ Consumer Commission,450 Fifth Services, Street Se

' with oTdde pellets within cylindrical of the Wy evaluation of each.The report masbe aubmitted annually or NW., Washington, DC 20549. -

zircaloy or ZlRLO cladding. it must be shbwn that during the time period along with the FSAR updates as SUPPLEMENTARY INFORMATION:In pi . following a postulated LOCA. but prior required by i 50.71(e), or at such shorter Securities Act Release No. 6540, dated to effective operation of the combustible intervals as may be specified in the June 27.1984 (49 FR 27306), the j Commission adopted a temporary gas control system, either: license.

y *

• amendment to rule 3a,17 CFR 202.3a, to

- _ , _ , - .. - - -