ML20150E543
| ML20150E543 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1988 |
| From: | Millman G NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| Shared Package | |
| ML20150E547 | List: |
| References | |
| FRN-52FR24015, RULE-PR-50 AC29-2-01, AC29-2-1, NUDOCS 8807150193 | |
| Download: ML20150E543 (6) | |
Text
.
v.
JUL i. 81988 MEMORANDUM FOR:
David-L. Meyer Division of Freedom of Information & Publication Services Office of Administration & Resources Management FROM:
G. C. Millman, Task Leader,10 CFR l 50.55a Division of Engineering Office of Nuclear Regulatory Research
SUBJECT:
' REGULATORY ~ HISTORY FOR~ FINAL RULE TO AMEND 10 CFR $ 50.55a In accordance with procedures established by the Executive Director for Operations to ensure that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his' purview, I have completed the following actions relevant to establishing a regulatory history for the final rule to amend 10 CFR l 50.55a.
Compiled all documents of central relevance to tile proposed o
j rulemaking, and identified all such documents with the designators "AC29-2" and "PDR" in accordance with your May 11, i
1988 memorandum to me.
I o Transmitted the above documents, which comprise the regulatory history, to the Nuclear Documents System (Mail Stop P1-637).
j o By copy of this memorandum, I am transmitting to you the index J
to the regulatory history for the final rule to amend 10 CFR J
$ 50.55a; see enclosure.
l If you have any coments or questions, I may be reached on extension 23848.
i G. C. Millman, Task Leader,10 CFR $ 50.55a Division of Engintering Office of Nuclear Regulatory Research
Enclosure:
As stated i
DISTRIBUTION:
GArlotto RBosnak MVagins GMillman BMorris D. Grimsley iNUDOC5 s p
EMFB/DE/Sub' i
EMEB/DE.
eso71'M193 a80700 Circ /Ch*
([52N24015 PDR Millre.
m C.
Td M*
GMiiinbbw 7/0W88
_ 7) O 86,.
f
Indsx to Regulatory History for Final Rulo to Am:nd 10 CFR 50.SSa, Codon and Stenderds (53 FR 16051, May S, 1988) i H
Item Subjec(
Date Federal Register Notice Final Rule S/b/88 Letter to Honorable Notification to Congress 4/27/88 John B.
Breaux from Eric S.
Beckford Letter to Honorable-Notification-to Congress 4/27/88--
Morris K.
Udall from Eric S.
Beckjord Letter to Honorable Notification to Congress 4/27/88 Philip R.
Sharp from Eric S.
Beckjord Memorandum for David E.
Meyer Implementation of EDO 4/26/88 from Eric S.
Beckjord Action i
Memorandum for Victor Stello, Jr. Signatu_re Package for 4/7/88 from Eric S.
Beckjord Federal Register Notice Memorandum for Eric S.
Beckjord CRGR Disposition of Final 4/1/88 i
from Fdward L.
Jordan Rule l
Memorandum for Edward L.
Jordan CRGR Review of Final Rule 2/22/88 from F.ric S.
Beckjord Memorandum for Eric S.
Beckjord ARM Concurrence 2/2/88 from William G.
Mcdonald l
Memorandum for Robert J.
Bosnak DEST /NRR Comments 11/2S/88 i
from Lawrence C.
Shao i
a Memorandum for Robert J.
Bosnak DRIS/NRR Comments 11/6/88 I
from James G.
Partlow Memorandum for Robert J.
Bosnak' OSP Comments.._ _
r J11/6ZB7.2_.
~
from James G.
Keppler Memorandum for Robert J.
Bosnak DRR/ ARM Comments 11/6/87 I
a from Donnie H.
Grimsley 1
Note for G.
C.
Millman OGC Comments 11/5/87 from Eric E.
Jakel v
L Memorandum for Robert J.
Bosnak DSP/AEOD Comments 11/5/87 i
from Thomas M.
Novak Memorandum for Lawrence C.
- Shao, Request for Interoffice 10/22/07
~
et al, from Robert J.
Bosnak Review of Final Rule t
I Letter from Marvin 1.
Lewis Public Comment 8/24/97
)
Note from M.
N.
Bressler Public Comment 8/24/87 Letter from William F.
Anderson Public Comment 8/19/87 i
~
m Aca N PDR 16051 Rules and Regulations reariabiir Vol. 53, No. 87 hursday, May 5,1968 TNs section of the FEDERAL REGISTER EFFECTIVE DATE: hiay 5,1988. The 1987. Comments were received from contains regulatory documents having incorporation by reference of certain three individuals in response to the 9eneral appucabAty and legal eMect, most publicatione listed in the regulations is notice of proposed rulemaking. Two of of wtuch are keyed to and comed in approved by the Director of the Office of the commenters were in favor of the the Code of Federal Regulabons, which is the Federal Register as of biay 5,1988.
proposed rule, and submitted C 51 FOR FUATHER INFORMATION CONTACT:
suggestions for editorial clarifications.
[
The Code of Federal Regutabons as sold Mr. G.C. Millman, Diviolon of One of these commenters was by the Superintendent of Documents.
Egineering Office of Nuclear concerned that the manner proposed for Pnces of new. bocAs are hsted in the Regulatory Research, U.S. Nuclear specifying the endorsed editions and frst FEDERAL REGISTER issue of each Regulatory Commission, Washington, addenda in il 50.55a (b)(1) and (b)(2)
- k-DC 20555, Telephone: (301) 492-3872, was potentially confusing for this
- sUPPt.EMENTARY W,'ORMATION:On June specific amendment because the latest NUCLEAR REGULATORY 26,1987, the Nuclear Regulatory addenda that is specified does not
[
C MMI Commissien published in the Federal modify the latest edition that is a-Register (52 FR 24015) a proposed specified (i.e., the Winter 1985 Addenda 10 CFR Part 50 amendment to its regulation,10 CFR modifies the 1983 Edition).The ataff Part 50, "Domestic Licensing of agrees with the commenter and has Codes and Standards for Nuclear Production and Utilization Facilities " to modified paragraphs (b)(1) ar.d (b)(2) to Power Plants update the reference to editions and make it clear that the Winter 1985 addenda of the American Society of Addenda applies to the 1983 Edition, AGENCY: Nuclear Regulatory hiechanical Engineers Boiler and and that the 1986 Edition is the latest Commission.
Pressure Vessel Code (ASME Code).
ASME Code update being incorporated This amendment revises i 50.55a to by reference into the regulation.
ACTION: Final rule.
incorporate by reference all editions The other commenter in favor of the through the 1986 Edition and all proposed rule believes that the proposed
SUMMARY
- The Commission is amending its regulations to incorporate by addenda through the Winter 1985 additional sentence in i 50.55a[b)(2)(1) reference the Winter 1984 Addenda, Addenda that modify Division t rules of which specifies a limitation on the ute Section III,"Rules for the Construction ofIWB-3MO for certain addenda should Summer 1985 Addenda. Winter 1985 of Nuclear Plant Components," and, be provided for clarity in a separate Addenda, and 1986 Edition of Section subject to certain limitations and paragraph.The staff has considered and
!!!. Division 1, of the American Society modifications. 4ddenda through the adcpted this suggestion. In this final of Mechanical Engineers Boiler and W nter 1985 Addenda that modify rule, the specified limitation is contained Pressure Vessel Code (ASME Code),
Division t rules of Section XI,"Rules for in a new paragraph (b)(2)(v), This and the Winter 1983 Addenda, Summer the Inservice inspection of Nuclear commenter also recommended a 1984 Addenda Winter 1984 Addenda, Power Plant Components," of the ASME revision to Footnote 6 to clanfy details Summer 1985 Addenda, Winter 1985 Code. Specifically, this amendment to regardingimplementation of the code Addenda, and 1980 Edition of Section l'50.55a incorporates by reference the cases specified in the identified J
XI. Division 1.of the ASME Code. A Winter 1984 Addenda, Summer 1985 regulatory guides. It is the opinion of the limitatior. is placed on the use of Addenda. Winter 1985 Addenda, and staff that the rule should not be paragraph IWB-3MO as contained in the 1986 Edition for Division 1 rules of cluttered with such information.
Winter 1983 Addenda and Winter 1984 Section ill, and the Winter 1M3 Therefore, that proposed revision has Addenda of Section XI. Division 1.This Addenda, Summer 1984 Addenda, not been incorporated into the final rule.
limitation requires that for certain types Winter 19M Addenda, Summer 1985 llowever, the staff is considerir.g of welds IWB-3640 when implemented Addenda, Winter 1985 Addenda. and incorporating additional information shall be used as modified by the Winter 1986 Edition for Division 1 rules of directly into the regulatoiy guides to 1985 Addenda. In addition, the existing Section XI of the ASME Code. The 1986 clarify their use.
modification pertaining to the inservice Edition is equivalent to the 1933 Edition.
Additionally, this commenter noted inspection of pressure retaining welds in as modified by the Summer 1983 that the Winter 1983 Addenda to Section ASME Code Class 2 piping has been Addenda. Winter 19a3 Addenda, XIincluded sigmficant improvements to revised to limit its applicability up to the Summer 1984 Addenda, Winter 19M the inservice inspection of Class 2 19a3 Edition with addenda up through
/ddenda. Summer 1985 Addenda, and piping This comment is correct. In the Summer 1983 Addenda.The sections Winter 1985 Addenda. The Summer 19M particular, the rules specified in that of the ASME Code being uncorporated Addenda and Summer 1985 Addenda for addenda satisfy NRC staff concerns by reference provide rules for the Section XI do not include technical associated with the rules specified in construction of light. water cooled requirements. but are included in the earlier addenda for the examination of nuclear power plant components and reference to prevent the confusion that pressure retaining welds in ASME Code specify requirements for inservice might occur with a lack of continuity in Class 2 piping. including residual heat inspection of those components.
the addenda n forences.
removal systems. emergency core Adoption of these amendments would Interested persons were inuted to cooling sy stems. and containment heat permit the use of improsed methods for submit w ritten commi nts for removal svstems.The staff prenously construction and inservice inspection of consideration in t onnection with the addressed these concerns by geof mg 3
nuclear power plants.
proposed amt ndmert by August 25.
a modifs at;on in 150 55albh.T.1, I
I 16052 Federal Register / Vol. 53, No. 87 //Thursdayi hiay 5,1u88 / Rules and Regulations which required that the estent of against failure for materials with low "Inservice inspection Code Case examinations for pressure retaining toughness. such as might occur in fluted Acceptability-AShtE Section XI.
welds in ASNE Code Class 2 pipmg be welds (i e., submerged arc welds (SAW)
Division 1." which identifies the Code determined bued u;mn spuific rules in or shielded metal arc weldt (ShtAW)).
Cases acceptable to the NRC staff for the 1974 Edition and Addenda through One concern with low toughness implementation in the inservice the Summer 1975 Addenda. Although the materials was that such materials might inspection (ISI) program of light water.
commenter did not make the point fail at load les els below limit load.
cooled nuclear power plants. At prescat.
specifically, the proposed rule should Additionally, thcre was concern that the implementation section of have recognized the improvements in secondary stresses, which were not Regulatory Guide 1.147 specifies that the Wmter 1983 Addenda by included in the stress analysis applicants should make a specific incorporating a revision to limit the procedures required by IWW3G40, might request to the NRC to use Code Cases applicabihty of the required existmg contnbute to the failure of low endorsed in the regulatory guide. The modification specified in paragraph toughness matenals.
next revision of Regulatory Guide 1.147 (b)(2)(iv) to ASME Code editions and The AShE estabbshed a special task (i.e., Revision 6) will reflect the addenda up to the 1983 Edition with group to address the concerns proposed change in Footnote 6 of the addenda up through the Summer 1983 associated with paragraph IWB-3640 as regulation. It will permit the use of Code Addenda. His final rule incorporates contained in the Wmter 1983 Addenda.
Cases endorsed in the regulatory guide this limitation to the use of the in the interim, the NRC staff required without a specific request to the NRC for modification specified in paragraph that licensees utilizing the procedures approval. In the intenm. It is the intent (b)(2)(iv).
and acceptance critaia of IWB-3MO, as of the NRC that Code Cases listed in The third commenter opposed the contained in the Winter 1983 Addenda, Regulatory Guide 1.147 be used without proposed amendment. nat commenter apply additional safety factors in their specific application to the NRC. This believes that the NRC should not rely on analyses to be submitted to the staff to amendment further revises Footnote 6 to industry standards, but rather should account for the above concerns. NRC correct the referenced titles for develop its own standards based upon staff acceptance criteria were provided Regulatory Guides 1.84 and 1.85.
NRC experience and data. NRC practice in Generic Letter M-11. "Inspections of Section 50.55a(g) provides is to utilize national standards, such as BWR Stainless Steel Piping." 8 requirements for selecting the edition the AShE Code, whenever possible to in the opinion of the NRC staff, the and addenda of Section XI to be define acceptable ways of implementing concerns associated with matenal complied with during the preservice the NRC's basic safety regulations. This toughness have been adequately inspection (i 50.55alg)(3), for plants is consistent with OMD Circular No. A-addressed by the AShE Code with the whose construction permit was issued 119 (Revised),8 which provides policy modification to paragraph I VB-3MO in on or after July 1,1974); the initial 10-and administrative guidance to federal the Winter 1985 Addenda.This addenda year inspection interval agencies regarding participation in the provides specific acceptance criteria for (i 50.55a(g)(4)(i)); and successive 10-development and use of voluntary SAW and ShtAW type welds, and these year inspection intervals standards. Consistent with this policy, criteria address the concerns associated (i 50.55a(9)(4)(li)). Paragraph IWA-2400 the NRC staff participates, acti,vely in the with limit load and the need to of Section XI, as revised by the Winter development of many nationai incorporate secondary stresses in the 1983 Addenda,inco rates rules for standards, including the AShE Code, to evaluation.
selecting the applica e edition and ensure that NRC experience and data La This amendment to i 50.55a addenda of Section XI during the part of the informatie.1 base usedto incorporates a limitation in paragraph preservice inspection (IW A-2411); the support development of the standard.
(b)(2)(v) that allows for the use of
,3 year 28pecum inkna3 N Although the NRC staff is heavily paragraph IWB-3MO, as contained in, 2412); and successive 10 year inspection involved in the development of the the Winter 1983 Addenda and Winter AShE Code, endorsement of the AShE 1964 Addenda, for ad applications De criteria provided in the Code by the NRC without exception is permitted in that paragraph except those regulations and Secuon XI are,
i not an automatic action as evidenced by associated with SAW and SMAW type eHecuvely the same for b pnsenice the existing limitations and welds. For these welds, this amendment modifications specified in 4 50.55a(b)(2) specifies that paragraph nVB-3MO, as
. inspection, and the successive 1(byear and the new limitation specified in
- nodified by the Winter 1985 Addenda, inspecuon intenals, but diHer for the Initial 10 year inspection interval. For paragraph (b)(2)(v) by this final rule.
must be used..
Paragraph IWB-3640 was Footnote 6 of I 50.55a provides the initial 10-year inspection interval, incorporated into the Winter 1983 reference to the NRC Regulatory Guides the regulations specify that inservice Addenda of Section XI, Division 1 to that denote which AShE Code Cases examinations of components and rocedures and acceptance have been determined to be acceptable insenice tests shall comply with the providefor determining the acceptability criteria to the NRC staff for implementation.
requirements in the latest edition and for continued servke of austenitic Previously, this footnote provided addenda of the Code incorporated by nine ce a the date 12 maths prior to stainless steel piping with flaws in reference to only Regulatory Guides 1.84 the date ofissuance of the operating.
]
excess of the aUowable indications and 1.85, which denote acceptability of specified in IWB-3514.5. Concern was Section Ill, Division 1 Code Cases on license while Section XI provides that s expressed by the NRC staff and others design and fabrication, and on the inspretin plan shan comply with t
the Edition and Addenda of Section XI that nVB-3640, as presented initiaUy in materials, respectively. This amendment that has been adopted by the regulatory the Winter 1983 Addenda, did not revises Footnote 6 to incorporate a au on y on s t the da of provide an acceptable level of margin reference to Regulatory Guide 1.147, subsequent Editions and Addenda that 8 Smsle copies of OMB Carmlar No. A-11e may e A copy of Genene tatter s4-11 la ateliable f '
have been adopted by the regulator)-
be obtairwd from die OMB hblaations O&ca. r2s inspection or copyins for a fee at the NRC Pubhc lechon Placa Nw, Washang'on. DC to5ox Document Ruum.17;F H Strw NW, Waskngton, authority. In general, use of the Telephone t202) us-m2.
DC, Commission requirements will result in r
l i
t V
t i
11 Register / Vol. 53.. No. 87 / Thursday, May 5,1988 / Rules and Regulations 16053 4-
{
4...
. o more recent edition requirements were approved by the For the purposes of sec. 2.23. 68 Stat. v.1 ss M
Inan will use of the Office of Management and Badet, amended 142 U S C. :2'al.115010 (41. Ib l.
si rates. Satisfying the a pproval number 315a4x111, and (4 50 4 t. maa. 50 48. 50.54..ad im) mements of i 50 55a(g)(4)(i) for the are iss;.ed ur Jer sec.16th. Cm Stat. 94. e inilial to-vear inspection interval will, in Regulatory Flesibility Cedificat, m amedeJ (42 U S C. 2201(b Il Salo t ) and u b general,ilso satisfy the rules of Section As required by the Regulatory (c). and 50.54 are sued under sec. ict;. oa XI. Flexibility Act of 1960,5 U.S C. 00s!b). Stat. 949. a s amended (4:US C..00101) anJ ll is the Commission's intent that in all the Commission hereby certifies that il 50 9 50 We). msqb). 5020,50 n. 50 72, { cases the existing requirements in this rule does not have a significant 50 73 and 50 7a are issued under sec. tato. r.a i 50.55a(g) be the basis fut selectmg the economic impact on a substantial Stat 950. as amended (4:U s C. ::oi(s)) edithn and addenda of Section X1 to be number of small entities.%is rule
- 2. For 150 55a paragraph Ib)(1), the corr. plied with during the preservice affects only the licensing end operation introductory text of paragraph (b)(2l, inspection, the 10-year inspection of nuclear power plants.The mmpames paragraph (b)(2)(iv), and Footnote 6 are interval, and successive 10-year that own these plants do not fall within revised and paragraph (b)(2)(v)is added inspection intervals.
the scope of the definillon of"small to read as follows' Subsection IWE, Requirements for entities" set forth in the Regulatory Class MC Components of Light-Water Flexibility Act or the Small Dusiness 1 50.554 codes and standards. Cooled Power Plants," was added to Size Standards set out in regulations Section XI, Division 1,in the Winter issued by the Small Dusiness IbI * *
- 1981 Addenda.11owever.10 CFR 50.55a Administration at 13 CFR Part 121, presently incorporates only those (1) As used in this section, references portions of Section XI that address th, list of Subjects in 10 CFR Part 50 to Sedion IU of the ASME Hoiler and ISI. equiremento for Ciaes 1,2, and 3 Antitrust Classified information, Fire Pressure Vessel Code refer to Seetion components and their supports. The protection, Incorporation by reference, III, Division 1, and include editions regulation does not currently address Inteemuentalrelations Nuclear through the 1983 Edition and Addenda the ISI of containments. Since this power plants and reactors. Penalty, through the Winter 1985 Addenda, and amendment is only intended to update Radiation protection, Reactor siting the 1980 Edttion.
current regulatory requirements to criteria, Reporting and recordkeeping (2) As used in this section, references include the latest ASME Code edition requirements. to Section XI of the ASME Boiler and and addenda, the reqcirements of Pursuant to the Atomic Energy Act of Pressure Vesse! Code refer to Se: tion Subsection TWE would i ot be imposed 1954, a s amended, the Energy XI, Didsion 1, and include edations upon Commission licensees by this Reorganization Act of1974,as amended, thrwgh the 1983 Edition and Addenda amendment. %e applicabihty of and 5 U.SL 553, the NRC is adopting through the Winter 1985 Addenda, and Subsection IWE is being considered the following amendments to 10 CFR the 1986 Edation, subject to the following separately. Put 50. ! imitations and modifications: Envirnnnwntallmpact: Categorical Exdusion PART 50-DOMESTIC 1.1CENSTNG OF (gy) pressure-retaining welds in ASMF. s N ANDUTTI.IZAT10N The NRC has detmnined that this Code Class 2 piping (applies to Tables final rule is the type of action dessibed. !WC-25m or IWG:520-1 Category C-in categorical exdusion to CFR
- 1. The authority dtation for Part 50 I')-(A) Appropriate Code Ciass 2 pipe 51.22(c)(3). Herefore, neither an reads es follows:
welds in Residualliest Removal Systems Emergency CoreCooling endronmentalimpad sta temmt nor an - Antbarttr Sees.102, m a a mies, Systems and Containment lleat ennronmental assessment has bewm t as. t es. tas, sa stat. 836,9 7,vas,osa,ssa, prepared for this final rule. E,4. 955, em as ameadad. sec. 234, s3 Stat. Removal Systems, shall be eAamined, 1244. as==,aded 142 USc ruz, z1s3,2134,. When applying editions and addenda up x Regulatory Analysls 2131,2act, m2,2213, ma, 222a 2.2821 secs, to the 1983 Edition through the Summer Le Commission has prepared a 201,ae asaddD2,2on,esStat1242 as 1983 Addenda of Section XI of the regulak ry analpis for this answinett a rended 1244,1246142Uacsaal 5442, ASME Code, the extent of examination I 38' bon tw7 aNoissued ander Peb.L es fr en systems shah WmnM to the regulations. ne analysis. g examines the costs and benefits of the. by the requirements of paragraph IWC-sol, sn. M 92 9 tat. 2951 (42 USC 5451). alternatives cxmradered by the sedicui sato d so tas ed andn esca. sol, tas, 12.% Table IWC-2520 Cate, gory GF and Commission. intseated pemona may 68 Sta t. 936. 955, a: amended (42 USC. rist. GC, and paragraph IWG24111n the s examine a copy of the regulatory =25k sec.102, Patt L et-m *2 6 tat aL1142 1974 Edition and Addenda through the { analy:is at the NRC Public Document U.Sc 4s321 Sections sa23, saas, saas, and Summer M75 Addenda. Room,171711 St. NW., Washingtom, DC. 3a"*I'* 38'"'d *^d'r 'dc. 2ss, es staL ass (D) For a nuclear power plant uhose I' 8 Single copies of the analysis smay be application far a construction parmit g n M A obtained from Mr. GA Millman, 91-m es stat. ass (4 USn 42:23. sediens was docketed prior to July 1.1978, when i Division of Engineetirig, Office of 50.34 and eas4 also issued under sec. sos, as applytrtg editions and addenda vp to the j Nuclear Regulatory Researdi, U.S. Saat 1245 (42 UAn sa44 k Secuana sa.sa, 1983 Edition through the Summer 1983 Nuclear Regulatory Comatissloa, 50.91 and 50.s2 aleo tenued under Pwh,1.e7-Addenda oISectionXI of the ASME r Washingtan, DC 20555, Telepnooe (301) 41 A 9e Saat to7J (L2 USE 29)Section. Code, the extent of examination for 492-3872. 50.78 alsolasued under sec.122,ca Stat 83D Codc Class 2 pipe welds may be (42 USC 21s21 Sections 50 so-So 81 atso detennind by the reyImnenh ef Peperwork Reduction Ad Statement issued eder ecc.184. ee Stat. 954. e. %is final rule amends informatJ'on amended 142 USC 2234). Sectkun 50103 also paragraph TWG1NaNe IWC-2520 g,,ed under sec. tos,sa Stat an as Category C-F and GG end paragraph collection requirements that are subject amended (42 USC 2tiel Appendnu F also IWG2411in the 19N FAition arid j to the Paperwork Reduction Act of 1980 issued under sec. sa7, os Stat $5s (42 Uan Addende through the Summer isr75 ( i (44 U.S C. 3501 et seg ).There 22371 Addenda of Section XI of the ASME I , ~
16054 Fedtral Reglster / Vol. 53. No. 87 / Thursday. May 5.1986 / Rules und Regulations Code or other requirement; the proposed rule (52 FR 4534G. November require the agency to determine what Commission may adopt. 27,1937), these changes to the Board's information was or was not "news" and (v) Evaluation procedures and freedom of informa4nn regelations suggested several alternatives. The acceptance criteria for austenitic piping follow the guidel nes pubhshed by ONtB Board has adopted one of the (applies to IWB-3MO). When app!)ing on March 27,19a7 (52 FR 10011). The commenter's alternatives, the Winter 1983 Addenda and Winter changes provide for fees based upon the The same commenter asserts that the 1984 Addenda, the rules of paragraph category of the requester and the use of fee waiver provisions in paragraph IWil-3640 may be used for all the requester would make of released 505.4(e)(8) of the proposal are applications permitted in that records. Reduction or waiver of fees excessively burdensome, violate the paragraph except those associated with may apply when the release is in the Paperwork Reduction Act. and fail to submerged arc welds (SAW) or shielded public interest. take the public interest into account. metal arc welds (ShtAW). For SAW or The Freedom ofinformation Act and the B.Today's Board Action FOl Reform Act both envision le SMAW. use paragraph IWB-3Glo. a s modified by the Winter 1985 Addenda. The Board has determined to adopt its recoupment of costs by an agency. In proposed rule published on November addition, the FO! Reform Act provides + Footnotes to l So 55a: 27.1987 with the following changes: In for limited disclosure at no cost to all paragraph 505.4(c)(8)(v). the provision but commercial requesters. Fee waiver ' ASME Code cases that hne twen describing waiver of fees, the phrase was and rem sins an exception to the personal interest"is, amended to read usual rules. Accordingly, the Board C miss on st fi re e n.RC "commercial interest'; and paragraph considers the waiver provisions Regulatory Guide 164.
- Design and Code 505.4(e)(1){ili)is amended to simplify the reasonable.The Board also rejects the Case Acceptabnhty-ASME Section til Dwision 1." NRC Regulatory Culde 125, definition of representatives of the, news conclusion of the commenter that the.
"Mater..ls Code Case Acceptabihty-ASME media.The Board has also insertec. a submission of evidence to support a i Section 111 Division 1." and NRC Regulatory sentcnce defining "All other requeste~" request for waiver constitutes a Guide 1.147. "Inservice Inspection Code Case in paragraph 505.4(e)(1)(iv). In all other violation of the Paperwork Reduction 1 Acceptabihty-ASME Section XI Division 1." particulars the final rule follows the Act. Requests for such evidence under The use of other Code cases may be proposed rule. this rule would not fall within the authorized by the Director of the Office of f k Reducti c Fi al$y.th contrary o e assertion of pursua to j 55 3) The Board received three written the commenter, the Board has Dated at Rockvdle, MIb this 13th day of comments and one oral comment. One considered the public's interest in j written comment was submitted by a disclosure and has specifically made it a April 198& trade association of news reporters the factor in paragraphs 505.4(e)(8)(iii) and For the Nuclear Regulatory Commission. second by a law firm, and the third by (iv) of the rule. it is the belief of the m St h h an insured institution. The oral comment Board that the waiver provision as i Executive DirEtorfor Operations-was made by a representative of the proposed provides an adequate and I [FR Doc. 86-0988 Filed 5-4-88. 8 45 am) Department of justice, equitable basis for the Board to evaluate
- EN C008 Nd One commenter stated the view that -
requests for waivers. ~ ' i - the news media should not be accorded nis same'commenter also objects to FEDERAL HOME LOAH BANK BOARD special f avor in being assessed fees the requirement in paragraph 605.4(e)(5) lower than those applicable to other that fect be paid in advance when they y 12 CFR Part 505 commercial requesters.The FOX Rtform are likely to exceed $250.00 or when the j g Act recogniaes that the nas media requester has a history of nonpsyment. Avat!ah!!!ty and Character of Records provide a public service in disclosure of ne requirement for advance payment .j D' te: April:a.19ss. information.The FO! Reform Act was not intended to hamper legitimate 1 AotNcy: Federal Home Loan Bank requires speciallower disclosure fees media representatives. it will be * ""c a Board. for the news media. as well as for ' applicable primarily to the commercial f educational or noncommercial scientific requesters who constitute 90% or more ' q AcTio*c Final rule. Institutions engaged in scholarly or of the Freedom ofInfornfation Act ^
SUMMARY
- The Federal Home Loan Bank scientific research. nis rule complies requesters for whom fee walver would' d
Board ("Board")is amending its public with that provision of the FO! Reform generally be inapplicable.ne pastr 4 1 experience of the Board falls to disclose' d access to information regulations A ct. -. concerning fees and fee walvers in order ' A second coinment, although it stated any media dissatisfactlon with the * 'd 1 to comply with the Freedom of it was in response to the proposal, failed Board's present advance payment " a~ ' : y e F * " 't S to address any items in the proposal. It policy. - 'y Information Reform A%t of1988 ("FO! - requested clarification of other F!nally thl commenter objected'to ' ~ Reform Act").%e Board's final regulallons are issued in compliance " provisions of Part 505.The viewe in that the duplication charge of $.30 per page: 'd with the Officiof Management and ' comment letter will be considered in'. found in paragraph 505.4(e)(9).ne FOl'- I Budget ("OMB") guMelines and future revisions to the relevant portions Reform Act, hke the original Freedom of of Part 505. Information Act? envisions that the'. 1 schedule of fees. ~ definition of representatives of the news is not primarily In the business of ,d ne third comment addressed the agency will recover its costs.ne Board EFrtcTIVE DATE:May 5.1988. FOR FURTHER kNFORMATION CONTACT: media, the fee waiver provisions, the reproducing documents; accordingly. j William Van Lenten. As Istant General requirement for advance payment, and fees charged by commercial duplicating Counsel. Federalliome loan Dank the copy charge of $.30 per page. companies do not offer a comparable , [ l s Board.1700 C Street NW., Washington, The definition of representatives of standard. he 1.30 per page duplication DC 20552, (202) 377-6773. the news media in paragraph fee represents the "reasonable direct SUPPLEMENT ARY INFORM AT10m 505.4(e)(1)(ill) of the proposal followed cost" of duplication under the FOl ? A. Descr!ption of the Proposed Rule the OMB guidelines.ne commenter Reform Act and the OMB standards. I ?; As stated in the preamble to the was concerned that the definition would A representative of the Department of pl k<' i mL}}