ML20153C926

Responds to Requesting Status of Rulemaking Issue to Expand Applicability of 10CFR72 to Holders of & Applicants for Certificates of Compliance & Contractors & Subcontractors

ML20153C926
Person / Time
Issue date:	07/23/1998
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Shillinglaw F AFFILIATION NOT ASSIGNED
Shared Package
ML20153C648	List: ML20153C645 ML20153C660 ML20153C682 ML20153C702 ML20153C711 ML20153C727 ML20153C757 ML20153C806 ML20153C847 ML20153C863 ML20153C874 ML20153C887 ML20153C904 ML20153C926
References
FRN-63FR39526, RULE-PR-72 AF93-1-016, AF93-1-16, NUDOCS 9809240249
Download: ML20153C926 (15)

Text

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• • • • • 1. July 23, 1998 Ms. Fawn Shillinglaw 1952 Palisades Drive Appleton, WI 54915-1023

Dear Ms. Shillinglaw:

I am responding to your letter to me dated July 1,1998, in which you requested the sta rulemaking issue to " Expand the Applicability of Part 72 to Holders of, and Applicant Certificates of Compliance and Their Contractors and Subcontractors." A copy of the st rulemaking plan on this issue (SECY-97-214, dated September 24,1997) was sent year. Since then the following actions have been taken:

On November 4,1997, the Commission approved the proposed rulemaking plan.

On May 26,1998, staff submitted to the Commission for approval a proposed rule in accordance with the rulemaking plan (SECY-98-113).

On June 30,1998, the Commission approved the proposed rule for publication in the Federal Reaister with a 75-day public comment period.

Currently, staff is preparing the proposed rule for submission to the Office of the Federal Register for publication. Staff expects this proposed rule to be published in the Federal Reaister by the end of July 1998. I believe that the Federal Register notice will address the questions you raised in your letter. The Federal Register notice will be available in your loc public document room and on the U.S. Government Printing Office's website (http:\\gp and in the rulemaking area of the Commission's website (http:\\nrc. gov).

I trust this responds to your concerns and questions.

Sincerely,

, L. eo eph Callan Exe tive Director for Operations v

9809240249 980921 PDR PR 72 63FR39526 PDR lb

' kF qb I' 7ML July 23, 1998 f

Ms. Fawn Shillinglaw 1952 Palisades Drive Appleton, WI 54915-1023

Dear Ms. Shillinglaw:

I am responding to your letter to me dated July 1,1998, in which you requested the status of a rulemaking issue to " Expand the Applicability of Part 72 to Holders of, and Applicants for, Certificates of Compliance and Their Contractors and Subcontractors." A copy of the staffs rulemaking plan on this issue (SECY-97-214, dated September 24,1997) was sent to you last year. Since then the following actions have been taken:

On November 4,1997, the Commission approved the proposed rulemaking plan.

On May 26,1998, staff submitted to the Commission for approval a proposed rule in accordance with the rulemaking plan (SECY-98-113).

On June 30,1998, the Commission approved the proposed rule for publication in the Federal Reoister with a 75-day public comment period.

Currently, staff is preparing the proposed rule for submission to the Office of the Federal Register, for publication. Staff expects this proposed rule to be published in the Federal Reoister by the end of July 1998. I believe that the Federal Register notice will address the questions you raised in your letter. The Federal Register notice will be available in your local public document room and on the U.S. Govemment Printing Office's website (http:\\gpo. gov) and in the rulemaking area of the Commission's website (http:\\nrc. gov).

I trust this responds to your concerns and questions.

Sincerely, OmiSignedby L.J@fhhb Executive Director for Operations Distribution: (o:klipalo\s hltres.001)

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4 39574 Fed;re.1 R: gist:r/Vol. 63. No.141/ Thursday, July 23.1998/ Proposed Rules g pg,

• 7/2/99, Provide final rule package reporting requirements (beyond 10 CFR Commission. Washington, DC 20555-to NRC staff working group for comment 50.72 and 50.73) that are potential 0001, Attn: Rulemakings and

• 8/13/99. Provide final rule package candidates for modifying to a Adjudications Staff. Hand deliver to formal concurrence chain simplified, less burdensome, more risk- comments to 11555 Rockville Pike,

• 9/17/99, Provide final rule package informed approach. This issue will be Rockville, MD, between 7:45 am and to CRGR and.ACRS included in the agenda for the public e 4:15 pm on Federal workdays.  ;

11/5/99, Complete briefing of CRGR meeting to discuss this ANPR, which is I and ACRS identified in the schedule provided You may also provide comments via .

l

• 11/26/99, Provide final rule package above- ,* I" *"' *" "8 *0 i

to Commission site through the NRC,s home page

!

• 1/7/00, Publish final rule List of Subjects in 10 CFR Part 50 (http://www.nrc gov). This site provides

! Comments requested:The the availability to upload comments as Antitrust. Classified information.

Commission invites advice and Criminal penalties Fire protection, files ( ny f rm t)if y ur web browser l recommendations from all interested Intergovernmental relations Nuclear supports that function. For information i persons regarding changes to the event power plants and reactors. Radiation b ut the interactive rulemaking site, reporting requirements for r:uclear protection, Reactor siting criteria, e ntact Ms. Carol Gallagher,(301) 415- l power reactors contained in 10 CFR Reporting and recordkeeping 5905; e mail CAG@nrc. gov.

50.72 and 50.73. Comments and requirements. Certain documents related to this supporting reasons are particularly The authority citation for this rulemaking, including comments l requested on: document is: 42 U.S.C. 2201; 42 U.S.C. )

l ' (1) the objectives; received by the NRC, may be examined 5841. at the NRC Public Document Room,

(2) the contemplated amendments' i

including: Dated at Rockville, Maryland, this 16th day 2120 L Street NW , (Lower Level),

of July' 1998 Washington, DC. These same documents 1 (a) the clarity and specificity of the l contemplated criteria for reporting pg, ,he Nuclear Regulatory Commission. also may be viewed and downloaded )

design and analysis defects and WePh Callan, electronically via the interactive deviations; and Executive Director for Operations rulemaking website established by NRC .

y l (b) the proposed initial reporting time (FR Doc.98-19637 Filed 7-22-98: 8.45 aml '

of 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> for events that warrant stung CODE 7590-01-P FOR FUGER NMNICNCCNfErl prompt telephone notification but do Anthony DiPalo, telephone (301) 415-

! not involve emergencies; 6191, e-mail, aJd@nre gov, or Philip l (3) the contemplated schedule. NUCLEAR REGULATORY Brochman, telephone (301) 415-8592, j To the extent feasible, commenters are COMMISSION e-mall, pgb@nrc. gov, of the Office of requested to address the following Nuclear Materials Safety and

! factors. 10 CFR Part 72 Safeguards, U.S. Nuclear Regulatory (1) Identify a specific reporting RIN 3150-AF93 Commission, Washington, DC 20555-l requirement. 0001.

(2) Describe the problem with that Expand Applicability of Regulations to requirement. Holders of, and Applicants for, SUMFASTARYNCENNICN (3) Describe the proposed resolution. Certificates of Compliance and Their Background (4) Estimate the change in resource Contractors and Subcontractors burden as a result of the proposed The Commission's regulations at 10 resolution. AGENC% Nuclear Regulatory CFR Part 72 were originally established in order to support meaningful Commission. to provide specific licenses for the consideration, comments on resource ErlLM Proposed rule. storage of spent nuclear fuel in an l'

burden should provide the basis for the independent spent fuel storage burden estimate in sufficient detail to St fWR The Nuclear Regulatory installation (ISFSI) (45 FR 74693; allow specific identification of what Comeston (NRC) is proposing to November 12,1980). t.ater, Part 72 was causes the burden and how particular amend its regulations to expand the changes might affect the burden. aPplicabi!!ty of its regulations to holders amended to include the storage of high-of, and applicants for, Certificates of level waste (HLW) at a monitored Other Reactor Reporting Requirements Compliance and their contractors and retrieval storage (MRS) installation. In 1990, the Commission amended Part 72 Objectives: The NRC is also interested subc ntractors. This amendment would to include a process for approving the in evaluating other reactor reporting enhance the Commission s ability to design of spent fuel storage casks by rules (beyond 10 CFR 50.72 and 50.73) take enforcement action against these issuance of a certificate of compliance to identify areas where reporting Persons when legally binding (Subpart L) and !ar granting a general requirements can be risk informed and/ requirements are violated. The intent of license to reactor licensees (Subpart K) or simplified. For example, the time this action is to emphasize the safety to use NRC-approved casks for storage limit for reporting could be adjusted nd regulatory significance associated of spent nuclear fuel (55 FR 29181; July based on the safety significance of the with violations of the regulations. 18,1990). In the past, the Commission event or issue and the need for NRC's DATES: The comment period expires has noted performance problems with immediate action. The burden October 6.1998. Comments received holders of, and applicants for, a associated with reporting events. after this date will be considered if it is certificate of compliance under Part 72.

conditions or issues with little or no practical to do so, but the Commission When the NRC identifies a failure to safety or risk significance should be is able to assure consideration only for comply with Part 72 requirements by minimized. comments received on or before this these persons, the enforcement Comments requested. Public date. sanctions available under the current comments are requested to identify and ADORESSES: Comments may be sent to: NRC Enforcement Policy have been i propose changes to other reactor Secretary, U.S. Nuclear Regulatory limited to administrative actions.

1

Federal Register / Vol. 63, No.141/'Ihursday, July 23,1998/Pmposed Rules 39527 The NRC Enforcement Policy i and its Part 72 requirements. Because the terms regulations in Subpart G to explicitly

! Implementing program have been " certificate holder." and " applicant for include certificate holders, applicants established to support the NRC's overall a certificate of comphance" do not for a CoC, and their contractors and safety mission in protecting public appear in the above-cited Part 72 health and safety and the environment. subcontractors. Further. in Subpart L, regulations, the NRC has not had a clear this proposed rulemaking would also Consistent with this purpose. basis to cite these persons for violations revise SS 72.232. 72.234, and 72.236 to enforcement actions are intended to be of Part 72 requirements in the same way clarify who is responsible for ensuring  !

used as a deterrent to emphasize the it treats licensees. When the NRC has that these requirements are met. Terms importance of compliance with Identified a failure to comply with Part l such as cas.. user. cask model. cask requirements and to encourage prompt 72 requirements by these persons, it has vendor, and representative of a cask I identification and prompt, issued a NON rather than NOV.

comprehensivecorrectionof the user used in these sections are not s Although a NON and a NOV appear defined and would be replaced with  !

violations. Enforcement sanctions to be similar, the Commission prefers consist of Notices of Violation (NOV), defined terms. Additionally, changes the issuance of a NOV because: (1) the would also be made to S 72.10, civil penalties, and orders of various issuance of a NOV effectively conveys to " Employee Protection." and S 72.11.

types. In addition to formal enforcement both the person violating the actions, the NRC also uses related " Completeness and Accuracy of requirement and the public that a administrative actions such as Notices violation of a legally binding Information." to include certificate of Nonconformance (NON), holders and applicants for a certificate.

requirement has occurred: (2) the use of Confirmatory Action Letters, and graduated severity levels associated Section 72.3 would be revised to (1) incorporate definitions for " certificate Demands for Information to supplement with a NOV allows the NRC t 1 the NRC's enforcement program. The holder." " certificate of compliance / i effectively convey to both the person NRC expects licensees and holders of, and " spent fuel storage cask," (2) revise violating the requirement and the public and applicants for, a certificate of the definitions for " design bases" and a clearer perspective on the safety and ,

" structures, systems, and components )

compliance to adhere to any obligations regulatory significance of the violation; and (3) violation of a regulation reflects important to safety" to include the term and commitments resulting from these

" spent fuel storage cask." and (3) revise actions and will not hesitate to issue the NRC conclusion that potential risk appropriate orders to ensure that these to public health and safety could exist. the definition for " design capacity" to obligations and commitments are met. This evidence can then be used t be consistent with the Commission's support the issuante of further policy on the use of metric units.

The nature and extent of the Section 72.236 would be revised and enforcement action is intended to reflect enforcement sanctions such as orders.

the seriousness of the violation Over the last 2 years, the Commission would be reissued as being subject to has observed problems with the the criminal penalty provisions of S 223 involved. An NOV is a written notice of the Atomic Energy Act and $72.86(b)'

setting forth one or more violations of a Performance of several certificate legally binding requirement. holders and their contractors and " Criminal Penalties." would be revised subcontractors. These problems have to delete mention of S 72.236 as a Discussion occurred in design, design control. c nf rming change.

In promulgating Subpart L, the fabrication and corrective action areas. L stly, a new S 72.242 would be Commission intended that selected Part Problems in these areas are typically added to Subpart L to identify 72 provisions would apply to cask covered under the quality assurance recordkeeping and reporting certificate holders and applicants for a program. In FY 1996, the NRC staff requirements for certificate holders and cask certificate of compliance (CoC). For identified numerous instances of applicants for a CoC. Paragraphs (a). (b),

example. S 72.234(b) requires that. as a nonconformance by certificate holders and (c) would require the certificate condition for approval of a CoC. and their contractors and subcontractors holder or applicant for a CoC to "ldlesign, fabrication. testing. and failing to comply with requirements. maintain any records or make any maintenance of spent fuel storage casks The Commission has concluded that use reports which are required by the be conducted under a quality assurance of the additional enforcement sanctions conditions of a CoC or by the rules, program that meets the requirements of which are avadable in the NRC regulations. and orders of the Subpart C of this part." However, the Enforcement Policy are required to Commission. Paragraph (d) would quality assurance regulrements in address the performance problems require that a certificate holder submit Subpart G do not refer to certificate which have occurred in the spent fuel a written report to the NRC within 30 holders. but only to licensees and storage industry. Consequently. the days when the certificate holder applicants for licenses. Further, some Commission would revise Part 72 to identifies certain deficiencies in the Subpart L regulations apply explicitly explicitly make certificate holders and design or fabrication of a spent fuel only to "the applicant" (e.g . S 72.232) applicants for a CoC. and their storage cask which has been delivered or to "the cask vendor" (e g., contractors and subcontractors, subject to a licensee. This requirement would S 72.234(d)(1)). Some of these provisions to those requirements and thereby allow apply when the deficiency affects the f are written in the passive voice so that the use of enforcement sanctions against ability of structures systems, and it is not clear who is responsible for these persons, rather than components which are important to i meeting the requirement (e g.,5 72.236). administrative sanctions. The safety to perform their function. This Although certificates of compliance are Commission believes that these requirement is intended to address legally binding documents, certificate mendments will have the effect of instances where the deficiency does not holders or applicants for a CoC and their aHowing both the public and those rise to the level of a " substantial safety contractors and subcontractors have not persons designing and building spent hazard which 10 CFR Part 21 requires clearly been brought within the scope of fuel st rage casks to clearly understand certificate holders and applicants to the expectations which have been report to the NRC. The Commission h  : ' m placed on them. believes that by requiring this p The proposed rulemaking will information, it will be in a position to SD 1e 4 primarily focus on amending more effectively evaluate the scope of

39528 Federal Register / Vol. 63. No.141/'Ihursday, July 23,1998/ Proposed Rules any potential impacts onYublic health Subpart G-Quahty Assurance renumbering existing paragraphs (b) and and safety from cask deficiencies and t U I" p ragr phs (a), (b), and (c) the Sections 72.140 Through 72.176 l ensure that a licensee (who is term ". applicant ' would be replaced i responsible for evaluating and resolving The term " certificate holder and with " certificate holder, applicant for a the problem) completes those actions in applicants for a CoC and their CoC, and their contractors and a timely manner. The Commission contractors and subcontractors" would subcontractors."In paragraph (d), the believes that this regulation need only be added, as appropriate, to these term " applicant" would be replaced apply to casks which have been sections to explicitly define with " certificate holder and applicant

! delivered to licensees (i.e., they are out responsibilities associated with quality for a CoC." Contractors and of the control of the certificate holder). assurance requirements. In 1990. when subcontractors would not be added to Any deficiencies identified in casks the Commission added Subparts K and Paragraph (d) because the Commission over which the certificate holder still L to Part 72 to provide a process for holds the certificate holder or applicant has custody would be identified in approving the design of a spent fuel for a CoC responsible for meeting this accordance with the certificate holder's st rage cask, which would be used requirement. ,

under a gene quality assurance program. Overall, this Commission,ral Paragraph (a) would be revised to j license, the s intent was that certificate permit the inspection of premises and new section would be similar to the reporting and recordkeeping holders and applicants for a loc follow activities related to the design of a spent requirements imposed on licensees in the quality assurance regulations of Part fuel storage cask as well as to the SS 72.75 and 72.80' 72. Section 72.234(b) required that fabrication and testing of such casks.

activities relating to the design. This change is made for the sake of Discussion of Proposed Amendments by fabrication, testing, and maintenance of completeness. l Section spent fuel storage casks shall be New paragraph (b) would include a '

conducted under a quality assurance requirement to permit the inspection of Subpart A-GeneralProvisions records related to design. fabrication.

program that meets the requirements of l Section 72.2 Scope Subpart G of Part 72. However, the 1990 and testing of spent fuel storage casks.

amendments to Part 72 did not amend This requirement is intended to make The term spent fuel storage cask Subpart G to include certificate holders clear the responsibility of certificate l would be added to paragraph (b) of this and applicants for a CoC. In addition, holders, applicants for a CoC, and their section. This is a conforming other changes would be made to contractors and subcontractors to permit l amendment. Individual sections of Subpart G as access to these records. This described below. requirement is similar to the existing Section 72.3 Definitions in S 72.140, paragraphs (a) and (b) inspection and testing regulations in 10 .

Definitions for spent fuel storage cask, would be revised to clarify the CFR Parts 30,40,50, and 70. I certificate holder, and certificate of re5Ponsibilities of a certificate holder Section 72.234 Conditions of Approval compliance would be added to this and a licensee with respect to who is This sect!on would be revised to section. The term spent fuel storage cask responsible for ensuring that the quality clarify who is responsible for would be added to the existing assurance program is properly emen would be plishing these requirements. The definitions for design bases and a[ag accom.. cask vendor" would be replaced structures, systems, and components with " certificate holder." The term important to safety. The definition for licensee and a certificate bok.er when the NRC must approve their quality "c sk user would be replaced with "a

design capacity would be revised to be pnMal Hcensee ging cask.' The term l

consistent with the Commission s policy assurance program. The notification generallicensee has been used on use of metric units. requirement in paragraph (d) would be revised to require that the NRC be because a site-specific licen::ee cannot Section 72.10 Employee Protection, notified in accordance with the standard utilize the provisions of Subparts K and ot fication requirements contained in " "h nm, , s and e hf e of i

Section S 72.11 Completeness and To provide clarity, $ 72.142 would be Compliance" -here appropriate.

Accuracy of Information rearranged. The new paragraph (a) Section 72.236 Specific Requirements l

' The terms certificate holder and w uld be revised to indicate that all of for Spent Fuel Storage Cask Approval applicants for a CoC would be added. the persons associated with quality This section would be revised to assurance activities for an ISFSI or a clarify who is responsible for Subpart D-Records. Reports, spent fuel storage cask (i.e., the licensee, accomplishing these requirements. A Inspections, and Enforcement certificate holder, applicants. and their new sentence has been added at the

! Section 72.86 Criminal penalties c ntract rs and subcontractors) are beginning of this section which l responsible for implementation of the indicates who has responsibility for l Paragraph (b) currently includes those quality assurance program- ensuring that each of the requirements in S 72.144 paragraphs (a) and (b).

sections under which criminal sanctions contained in paragraphs (a) through (m) are not issued. This paragraph would be S 72.154 paragraph (b), S 72.162, and is met. This section also would be revised to delete reference to S 72.236. S 72.168 paragraph (a ) the term spent reissued as being subject to the criminal because this section is being reissued as fuel storage cask would be added to the penalty provisions of 5223 of the being subject to the criminal penalty terms ISFS1 and MRS.

Atomic Energy Act. Applicants for a provision of S 223 of the Atomic Energy Subpart L-Approval ofSpent Fuel CoC would not be regelred to ensurt Act. Similarly, certificate holders and Storage Casks that the requirements of paragraphs (J) applicants who fail to comply with the and (k) were met because these new 5 72.242 would also be subject to Section 72.232 Inspection and Tests requirements apply to activities which criminal penalties. Therefore. S 72.242 This section would be reformatted by can only occur after a cask has been will not be included in S 72.86(b). adding a new paragraph (b) and fabricated; and an appHeant cannot

-. - .. ~ .- .- - -~ . . - -

Federal Register / Vol. 63, No.141/'Ihursday, July 23,1998/ Pmpmal Rules 39529 l

begin fabrication of a cask until a CoC Compatibility of Agreement State number, the NRC may not conduct or has been issued and an applicant has Regulations sponsor. and a person is not required to become a certificate holder (see Ur. der the " Policy Statement on respond to, the information collections.

$ 72.234(c))-

Adequacy and Compatibility of Section 72.240 Conditions for Spent Agreement State Programs" approved by Regulatory Analysis Fuel Storage Cask Reapproval the Commission on June 30.1997, and Statement of the Problem l The term .. user of a cask.. would be published in the Federal Register '

September 3.1997 (62 FR 46517). this The Commission's regulations at 10 replaced by a general licensee using a cask and the term cash model would rule is classified as compatibility CFR Part 72 were originally designed to be replaced by design of a spent fuel Category "NRC." Compatibility is not Provide specific licensing requirements required for Category "NRC" ' for the storage of spent nuclear fuel in l storage cask. The term representative i of a cask user would be replaced with regulations The NRC program elements an independent spent fuel storage the representative of a generallicensee in this category are those that relate installation (ISFSI) (45 FR 74693, using a cask. , In addition, the acronym directly to areas of regulation reserved November 12,1980).1 ater. these I8 " " to the NRC by the AEA or the provisions requirements were amended to include i fgc[g o n e f Title 10 of the Code of Federal the storage of high-level waste (HLW) at l aPPr Priate. Regulations, and although an Agreement a monitored retrieval storage (MRS)

State may not adopt program elements installation. In 1990, the Commission Section 72.242 Recoraxeeping and reserved to NRC. It may wish to inform amended Part 72 to include a process Reports its licensees of certain requirements via for approving the design of spent fuel This new section identifies additional a mechanism that is consistent with the storage casks by issuance of a certificate recordkeeping responsibilities for Particular State s administrative of compliance (Subpart L) and for tertificate holders and applicants for a Procedure laws, but does not confer granting a general license to reactor CoC and reporting requirements for regulatory authority on the State.

licensees (Subpart K) to use NRC-certificate holders. This section is Environmental Impact: Categorical approved casks for storage of spent intended to provide for any other Exclusion nuclear fuel (55 FR 29181 July 18, recordkeeping responsibilities which 1990). In the past, the Commission are not already covered by the The NRC has determined that this proposed rule is the type of action experienced performance problems with regulations in S 72.234(d). This would holders of and applicants for a described as a categorical exclusion in include records required to be kept by 10 CFR 51.22(c)(2) and (3). Therefore, certificate of compliance under Part 72.

a condition of the CoC or records In FY 1996, the NRC s'aff identified relating to design changes-neither an environmental impact statement nor an environmental numerous instances of nonconformance nonconformances, quality assurance by certificate holders and their audits, and corrective actions. assessment has been prepared for this proposed rule. contractors and subcontractors failing to Violations of this section would be comply with requirements.

subject to the criminal penalty Paperwork Reduction Act Statement provisions of S 223 of the Atomic Energy This proposed rule contains a new or Act. Paragraphs (a), (b) and (c) are amended information collection comply with Part 72 requirements by similar to the recordkeeping these persons. the NRC has issued requirement subject to the Paperwork requirements imposed on licensees in Reduction Act of 1995 (44 U.S.C. 3501, Notices of Nonconformance (NON). The S 72.80(a), (c), and (d). et seg). However, the burden from this issuance of a NON does not effectively A new requirement would be proposed rule is insignificant as c nvey that a violation of a legally established in paragraph (d) for compared to the existing information binding requirement has occurred.

certificate holders to submit written collection burden of Part 72. The section Because the current regulations do not reports to the NRC when they identify added by this amendment (S 72.242) clearly impose requirements on these design or fabrication deficiencies. In will add new burdens for recordkeeping persons, the NRC has not taken structures, systems, and components and reporting requirements. The staff enforcement action such as a Notice of which are important to safety, for casks estimates this burden as six hours Violation (NOV) against certificate which have been delivered to licensees. annually. Therefore, the Commission holders and applicants and their This requirement is intended to inform believes that this burden is insignificant contractors and subcontractors.

the NRC of deftclencies which may by comparison with Part 72's overall affect existing casks and thereby Some Part 72 provisions for cask burden which is in excess of 21.000 potentially affect public health and hours. Existing requirements were storage of spent fuel (e.g., the quality safety. This requirement is similar to the approved by the Office of Management assurance requirements) were intended event reporting requirement imposed on and Budget, approval numbers 3150- to apply to cask certificate holders and licensees in S 72.75(c)(2). 0017.3150-0151,3150-0127.3150- applicants for cask certificates of

~

compliance, as well as to holders of Criminal Penalties

• licenses and applicants for a license to a 3150 032 T aE d ems For the purposes of Section 223 of the of the proposed rule currently fall under st re spent nuclear fuel at an ISFSI.

Atomic Energy Act (AEA), the H wever, some of the Part 72 the existing approval numbers unless Commission is issuing the proposed OMB decides otherwise. Therefore, requirements intended to apply to rule to amend 10 CFR 72: 72.10. 72.11. under the Paperwork Reduction Act of certificate holders and applicants do not 72.140 through 72.176,72.232,72.234. 1995, a new clearance submittal is not clearly bring these persons within the 72.236, and 72.242 under one or more required. sc pe f the requirement. For this of sections 161b,1611. or 161o of the reason, the NRC has not had a clear AEA. Willful violations of the rule Public Protection Notification basis to cite certificate holders and would be subject to criminal If an information collection does not applicants for violations of those Part 72 l enforcement. display a currently valid OMB control requirements.

l

39530 Federal Register / Vol. 63, No.141/ Thursday, July 23,1998/ Pauposed Rules Purpose of the Rulemaking it has issued an administrative action requirement e.g, S 72.236. This under the NRC's Enforcement Policy. proposed rule would revise the The purpose of this rulemaking is to The NRC Enforcement Policy and its expand the applicability of Part 72 to regulations to place explicit implementing program have been requirements on certificate holders and holders of. and applicants for. established to support the NRC's overall applicants and their contractors and certificates of compilance and their safety mission in protecting public subcontractors. Additionally, terms i contractors and subcontractors.This health and safety and the environment. contained in Subpart L such as cask would allow the NRC staff to take Consistent with this purpose. user, cask model, cask vendor, and enforcement action in the form of NOVs enforcement actions are intended to be representative of a cask user are not rather than administrative action in the used (1) as a deterrent to emphasize the defined and would be replaced wi.th form of a NON when requirements are lmportance of compliance with defined terms. Changes would be made violated. While it may appear that a requirements and (2) to encourage to S 72.10. " Employee Protection," and NON and a NOV are similar, the prompt identification and prompt, S 72,11 " Completeness and Accuracy of Commission believes that the issuance comprehensive correction of the Information." to include certificate of a NOV is preferred because: (1) The violations.

holders and applicants for a CoC. l 1ssuance of a NOV effectively conveys to Enforcement sanctions consist of Section 72.3 would be revised to (1) both the person violating the Notices of Violation (NOV), civil incorporate definitions for " certificate l requirement and the public that a penalties, and orders of various types. In holder," " certificate of compilance.'

violation of a legally binding addition to the formal enforcement )

and " spent fuel storage cask," (2) to I requirement has occurred; (2) the use of actions, the NRC also uses related revise the definitions for " design bases" graduated severity levels associated administrative actions such as Notices and " structures, systems, and I with a NOV allows the NRC to of Nonconformance (NON). components important to safety" to I effectively convey to both the person Confirmatory Action Letters, and include the term " spent fuel storage violating the requirement and the public Demands for Information to supplement cask." and (3) to revise the definition for a clearer perspective on the safety and the NRC's enforcement program The " design capacity" to be consistent with regulatory significance of the violation; NRC expects licensees and holders of the Commission's policy on the use of and (3) violation of a regulation reflects and applicants for a certificate of metric units. Section 72.236 would be the NRC conclusion that potential risk compilance to adhere to any obligations revised and would be reissued as being to public health and safety could exist and commitments resulting from these subject to the criminal penalty and this evidence can then be used to actions and will not hesitate to issue provisions of 5 223 of the Atomic Energy support the issuance of further appropriate orders to ensure that these Act and S 72.86(b). " Criminal enforcement sanctions such as orders. bligations and commitments are met. Penalties " would be revised to delete The nature and extent of the mention of 5 72.236 as a conforming Current Regulatorv Framework and enforcement action is intended to reflect change. Section 72.232 would be Proposed Changes the seriousness of the violation reformatted by adding a new paragraph involved. A NOV is a written notice (b) and renumbering existing paragraphs in promulgating Subpaa L the setting forth one or more violations of a Commission intended that selected Part legally binding requirement. (b) and (c). The term " applicant" would 72 provisions would apply to cask be replaced by the terms " certificate While it may appear that a NON and ho! er, applicant for a CoC and their certificate holders and applicants for a a NOV are similar, the Commission certificate of compliance (CoC). For contractors and subcontractors" or believes that the issuance of a N JV is " certificate holder and applicant for a example, S 72.234(b) requires that, as a preferred because: (1) the issuance of a CoC" as appropriate. Requirements to condition for approval of a certificate of NOV effectively conveys to boa the permit inspection of records, premises, compliance,"{djesign fabrication, person violating the requiremen: and testing, and ma!ntenance of spent fuel and activities related to the design, the public that a violation of a lega'ly fabrication, and testing of spent fuel storage casks be conducted under a binding requirement has occurred- (2) storage casks have been clarified. Lastly, quality assurance program that meets the use of graduated severity levels a new S 72.242 would be added to the requirements of subpart G of this associated with a NOV allows the NRC Subpart L to addres . additional part." However, the quality assurance to effectively convey to both the person recordkeeping and reporting requirements in Subpart G do not refer violating the requirement and the public requirements for certificate holders and to certificate holders but only to a clearer perspective on the safety and applicants for a CoC, in addition to licensees and applicants for licenses. regulatory significance of the violation; those already required by 5 72.234(d).

Some of the Subpart L regulations apply and (3) violation of a regulation reflects This new section would be similar to explicitly only to "the applicant" f.e g., the NRC conclusion that potential risk the requirements imposed on licensees S 72.232), or to "the cask vendor" (e.g.. to public health and safety could exist. in SS 72.75 and 72.80.

5 72.234(d)(1)). Some ere written in the This evidence can then be used to passive voice so that it is not clear who support the issuance of further Alternatives is responsible for meeting the enforcement sanctions such as orders. This regulatory analysis considered requirement (e g., S 72.2365 Because of The proposed rulemaking will three alternatives:

these regulatory deficiencies, certificate primarily focus on amending Alternative 1: Revise Part 72 to holders or applicants for a CoC and their regulations in Subparts G and L to make expand the applicability of certain contractors and subcontractors have not certificate holders / applicants explicitly provisions to certificate holders.

clearly been brought within the scope of subject to those requirements. Some of applicants for a CoC, and their Part 72 requirements; and the NRC has the Subpart L regulations apply contractors and subcontractors.

not had a clear basis to cite these explicitly only to "the applicant " e.g., The Commission believes that persons for violations of Part 72 5 72.232, or to "the cask vendor," e.g.. problems in the areas of quality l

requirements. Presently, when the NRC 5 72.234(d)(1), er are written in the assurance, quality control, fabrication has identified a failure to comply with passive voice so that it is not clear who control and design control exist, are Part 72 requirements by these persons, is responsible for meeting the significant, and in part redect the fact

-c---.

• - j Federal Register / Vol. 63, No.141/ Thtirsday, July 23,1998/ Pruposed Rules 39531 that certificate holders and applicants. The Commission believes that burden which is in excess of 21.000 and their contractors and alternative I will enable the NRC to hours. I subcontractors, have not been explicitly make more effective use of the l included in certain Part 72 requirements Enforcement Policy against the Regulatory Flexibility Certification '

despite the NRC's intent that these designers, fabricators, and testers of persons follow these requirements. In spent fuel storage casks and that this in cc rdance with the Regulatory the past,. the Commission has been will lead to an overall improvement in Flexibility Act of 1980,5 U.S C. 605(b),

unabic to take enforcement action the safety and quality of spent fuel the Commission certifies that this against these persons when they did not storage casks. Pr Posed rule would not have a comply with the regulations, because Alternative 2: Revise Part 72 to significant economic impact on a they have not been explicitly subject to expand the applicability of certain substantial number of smap entities.

the requirements of Part 72. However. provisions to certificate holders and The proposed rule would amend the the Commission believes that the need applicants for a CoC. regulations to expand the applicability to be able to take enforcement action to The difference between alternatives I of 10 CFR Part 72 to holders of, and the level of contractors and and 2 is that the latter does not include applicants for, Certificates of subcontractors is important because contractors and subcontractors in Compliance (CoC) and their contractors ,

these persons actually accomplish the clarifying the responsibilities for and subcontractors. This requirement '

manufacturing and testing of spent fuel compliance with Part 72. Therefore, the would enhance the Commission's storage casks. These contractors and NRC would not be able to take ability to take enforcement action in the subcontractors have typically enforcement actions against these form of Notices of Violation rather than established quahty assurance programs persons under this alternative, but as a consequence of their contracts with would be forced to continue to use administrative action in the form of the certificate holder. Notices of Nonconformance when administrative actions. The NRC Alternative I would allow the NRC to believes that by taking enforcement legally binding requirements are take enforcement actions against these actions against these people, it will be violated. The proposed rule may appear persons, as necessary, by allowing the able to enhance the protection of public to impose new requirements on a issuance of a NOV when they fall to health and safety. Consequently, significant number of small entities (i'e" comply with the requirements of Part alternative 2 was rejected. the contractors and subcontractors

72. Presently the NRC issues a NON in Alternative 3: No action. ass ciated with certificate holders and these instances. While it may appear This alternative was rejected, even PPl icants for a CoC). These that a NON and a NOV are similar, the though staff resources for rulemaking requirements would involve actions Commission believes that the issuance would have been conserved. Under this such as compliance with quality of a NOV is preferred because: (1) the alternative it is expected that the assurance program requirements in J issuance of a NOV effectively conveys to difficulties the NRC has experienced in Subpart G of Part 72. However, these both the person violating the the past will continue. entitles, for the most part, are already requirement and the public that a implementing the actions required by Decision Rationale for Preferred violation of a legally binding Subpart G as a condition of their requirement has occurred; (2) the use of Alternative contracts with the certificate holder or graduated severity levels associated Alternative I is the preferred choice. applicant for a CoC. Therefore, the NRC with a NOV allows the NRC to The major benefit of this alternative is believes that this amendment will not effectively convey to both the person to allow the NRC to take more effective have a significant econome impact on violating the requirement and the public er forcement actions against certificate these small entities.

a clearer perspective on the safety and ho'ders, applicants for a CoC, and their regulatory significance of the violation: contractors and subcontractors under Backfit Analysis and (3) violation of a regulation reflects the current NRC Enforcement Policy.

the NRC conclusion that potential risk Th.s would enable both the person The NRC staff has determined that the backfit rule,10 CFR 72.62, does not to ublic health and safety could exist. violating the regulation and tne public his evidence can then be used to to clearly perceive the regulatory and PPl y to this proposed rule because staport the issuance of further sifety significance and consequences of these amendments do not involve any enforcement sanctions such as orders. tne violation. Provisions that would impose backfits The NRC has estimated that each Because certificate holders, applicants as described in 10 CFR 72.62(a).

certificate holder or applicant for a CoC, for a CoC, and their contractors and Therefore a backfit analysis is not on average, has three contractors and subcontractors for the most part already required.

subcontractors. Consequently, the NRC have been meeting the requirements of List of Subjects in 10 CFR Part 72 estimates a total of 60 ccatractors and Part 72, as either a condition of a subcontractors would be affected by certificate of compliance or as a Criminal penalties, Manpower these changes to Part 72 described in corMition of a contract between a training programs, Nuclear materials, Alternative 1. Because certificate certitPate holder and their contractors Occupational safety and health, holders, applicants for a CoC, and their and subentractors, the burdens Reporting and recordkeeping contractors and subcontractors for the imposed by this amendment are not requirements. Security measures. Spent most part have already been meeting the significantly trereased. The new section fuel.

requirements of Part 72, as either a added by this amendment (72.242) will condition of a certificate of compliance add new burdens for acordkeeping and For the .easons set out in the or as a condition of a contract between reporting requirements. The staff preamble and under the authority of the a certificate holder and their contractors estimates this burden associated with Atomic Energy Act of 1954, as amended; and subcontractors, the burdens the new 5 72.242 to be 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> annually, the Energy Reorganization Act of 1974, imposed by LP alternative are not Therefore, the Commission helieves that as amended; and 5 U.S.C. 553, the NRC l significantly increased. Alternative 2 this burden is insignificant by is proposing to adopt the following j would not impose these impacts. comparison with Part 72's overall amendments to 10 CFR Part 72.

a 39;i2 Federal Register /Vol. 63 No.141/Thushiy, July 23,1998/Pmposed Rules PART 72-LICENSING Compliance by the Commission for a REQUIREMENTS FOR THE container during handling and storage; )

spent fuel storage cask design. or INDEPENDENT STORAGE OF SPENT Certificate of Compliance or CoC l NUCLEAR FUEL AND HIGH-LEVEL (3) To provide reasonable assurance means the certificate issued by the that spent fuel or high. level radioactive RADIOACTIVE WASTE Commission that approves the design of waste can be received, handled.

I' The authorit citation for Part 72 is 5 Pent fuel storage cask in accordance packaged, stored, and retrieved without revised to read as follows: w pm ns su part L f this part. undue rtsk to the health and safety of Authority: Secs. 51.53.57,62,c3.65.69 . .

the pubhr.

81.161.182.183.184.186.187,189. 68 Stat 4. Section 72.9 is revised to read as 929.930.932.933.934.935.948.953,954. Design bases means that information foll0ws- '

955. as amended, sec. 234, 83 Stat. 444. as that identifies the specific functions to amended (42 U.S.C. 2071. 2073. 2077. 2002 be performed by a structure, system. or $ 72.9 Information collection 2093.2095.2099.2111.2201,2232.2233, component of a facility or of a spent fuel requirements: OMB approval.

2234, 2236, 2237, 2238, 2282); sec. 274. Pub. (' "'

L.86-373,73 Stat. 688 as amended (42 storage cask and the specific values or I 8" ' 7 U.S.C. 2021); sec. 201. as amended. 2G2. 206. ranges of values chosen for controlling 88 Stat.1242, as amended. 1244.1246 (42 parameters as reference bounds for rmadon cohcdon qu%nems U.S.C. 5841, 5842. 5846); Pub. L.95-601, sec. des gn. These values may be restraints c ntained in this part to the Office of 10,92 Stat. 2951 as amended by Pub. L 102- derived from generally accepted state- Management and Budget (OMB) for 486, sec. 7902,106 Stat. 3123 (42 U.S.C. of the-art practices for achieving approval as required by the Paperwork 5851); sec.102. Pub. L 91-190. 83 Stat. 853 functional goa or requirements derived Reduction Act of 1995 (44 U.S.C. 3501 (42,l' } 1 132): Secs.131.132.133.135. from analysis ( sed on calculation or et seq.). OMB has approved the 12 ss>

4. L.97-425, 96 Stat. 2229. 2230. experiments) of te effects of a information collection requirements 22 c *c.148. Pub.L.100-203,101 Stat. a5 (42 U.S.C.10151.10152, postulated evem ..nder which a c ntained in this part under control 10153.10155.10157, 10161.10168)' structure, system. or component shall number 3 60-0132.

Section 72.44(g) also issued under secs. meet its functional goals. The values for (b) The approved information controlling parameters for external c Hecdon mqukemems containd in 142(b) and 148(c). (d). Pub. L. 100-203 tot Stat.1330-232,1330-236 (42 U.S C. events include- this part appear in SS 72.7. 72.11. 72.16.

10162tb).10168(c). (d)). Section 72.46 also (1) Estimates of severe natural events 72.19,72.22 through 72.34. 72.42. 72 44.

issued under sec.189. 68 Stat. 955 (42 U.S C. to be used for deriving design bases that 72.48 through 72.56,72.62.72.70 2239); sec.134. Pub. L 97-425,96 Stat 2230 will be based on consideration of through 72.82.72.90.72.92.72.94.

(42 U.S.C.10154). Section 72.96(d) also historical data on the associated 72.98. 72.100.72.102.72.104. 72.108.

issued under sec.145(g). Pub. L 100-203 parameters physical data. or analysis of 72'120. 72126. 72.140 through 72.176' Upper li nits of the physical processes "

ubpart a so iss e und'er cs 2 ) 215).

2(19). Il7(a).141(h). Pub. L 97-425. 96 Stat nv ;an 216 7 87[ 7.

2202. 2203. 2204. 2222, 2224 (42 U.S.C. 72.234. 72.236,72.240. and 72.242.

(2) Estimates of severe external man-10101.10137(a).10161(h)). Subparts K and L induced events to be used for deriving 5. In S 72.10. paragraph (a), the are also issued under sec.133. 98 Stat. 2230 design bases that will be based on introductory text of paragraph (c), and (42 U.S C.10153) and sec. 218(a). 96 Stat. analysis of human activity in the region, paragraphs (c)(1) and (e)(1) are revised 2252 (42 U.S C.10198). taking into account the site to read as follows:

2. In S 72.2. paragraph (b) is resised to characteristics and the risks associated 9 72.10 Employee protection.

read as follows: with the event.

(a) Discrimination by a Commission

$ 72.2 Scope. Design capacity means the quantity of licensee, certificate holder. applicant for

• spent fuel or high-level radioactive a Commission license or a CoC, or a waste, the maximum burn up of the (b) The regulations in this pa' spent fuel in MWD /MTU. the contractor or subcontractor of any of pertaining to an independent spent fuel terabequerel(curie) content of the these against an employee for engaging storage installation (ISFSI) and a spent in certain protected activities is waste. and the total heat generation in prohibited. Discrimination includes fuel storage cask apply to all persons in Watts (btu / hour) that the storage discharge and other actions that relate to the United States, including persons in installation is designed to Agreement States. The regulations in accommodate.

compensation terms. conditions, or this part pertaining to a monitored , , * *

• privileges of employment. The protected retrievable storage installation (MRS) activities are established in section 211 apply only to DOE. Spent fuel storage cask or cask means of the Energy Reorganization Act of

• * * *

• all the components and systems 1974, as amended, and in general are

3. In S 72.3. the definitions of associated with the container in w hich related to the administration or Certificate holder. Certificate of spent fuel or other radioactive materials enforcement of a requirement imposed Compliance or CoC. and Spent fuel associated with spent fuel are stored in under the Atomic Energy Act or the storage cask orcask are added in anISFSt. Energy Reorganization Act.

alphabetical order, and the definitions , , . ,

of Design bases. Design capacity, and Structures. systems, and components (c) A violation of paragraphs (a), (e),

Structures, systems and components important to safety means those features or (f) of this section by a Commission im ant to safety are revised to read of the ISFSI. MRS. and spent fuel licensee, certificate holder, applicant for

' storage cask whose function is- a Commission license or a CoC. or a

$ 72.3 Definitions.

(1) To maintain the conditions contractor or subcontractor of any of required to store spent fuel or high-level these may be grounds for:

radioactive waste safely; (1) Denial, revocation, or suspension Certificate holder means a person who (2) To present damage to the spent of the license or the CoC.

has been issued a Certificate of fuel or the high level radioactive waste * * * *

• Federal Register / Vol. 63, No.141/'Ihmalay, July 23,1998/ Proposed Rules 39533 (e)(1) Ah licensee, certificate holder, 72.40,72.46,72.56,72.58,72.60,72.62, the license. For certificate holders, this and applicant for a license or CoC shall 72.84.72.86,72.90.72.96,72.108, includes activities from development of prominently post the revision of NRC 72.120,72.122,72.124.72.126,72.128, the spent fuel storage cask design Form 3. " Notice to Employees," 72.130,72.182,72.194,72.200,72.202, through termination of the CoC.

referenced in 10 CFR 19.ll(c). This form 72.204,72.206.72.210,72.214,72.220, (c) Approvalofprogram. (1) The shall be posted at locations suf'icient to 72.230,72.238, and 72.240. licensee shall obtain Commission permit employees protected by this 8. Section 72.140 is revised to read as approval of its quality assurance section to observe a copy on the way to follows: Program prior to receipt of spent fuel at or from their place of work. Premises the ISFSI or spent fuel and high level

$ 72.140 Quality assurance requirements.

shall be posted not later than 30 days radioactive waste at the MRS,.

after an application is docketed and (a) Purpose. This subpart describes qu lity assurance requirements that (2) The certificate holder shall obtain remain posted while the application is Commission approval of its quality pending before the Commission, during apply to design, purchase, fabn, cation, assurance program prior to commencing the term of the license or CoC, and for handling. shipping, storing. cleaning. fabrication or testing of a spent fuel 30 days following license or CoC ssembly, inspection. testing, operation, storage cask.

termination. maintenance, repair, modification of (3) Each licensee or certificate holder

, , , , , structures, systems, and components, shall file a description of its quality

6. Section 72.11 is revised to read as and decommissioning that are important assurance program, including a t safety. As used 1 follows: quality assumnce,n this subpart, discussion of which requirements of comprises all those this subpart are applicable and how

$ 72.11 Completeness and accuracy of Pl anned and systematic actions they will be satisfied, in accordance information. necessary to provide adequate with S 72.4.

(a) Information provided to the confidence that a structure, system, or (d) Previously approvedprograms. A Commission by a licensee, certificate component will perform satisfactorily in Commission-approved quality assurance holder, or an applicant for a license or service. Quality assurance includes program which satisfies the applicable CoC; or information required by statute quality control, which comprises those criteria of appendix B to part 50 of this or by the Commission's regulations, quality assurance actions related to chapter and which is established, orders, license or CoC conditions, to be controlof the physicalcharacteristics maintained, and executed with regard to maintained by the licensee or certificate and quality of the material or an ISFSI will be accepted as satisfying holder, shall be complete anci accurate component to predetermmed the requirements of paragraph (b) of this in all material respects. requirements. The certificate holder, section. Prior to initial use, the licensee (b) Each licensee, certificate holder, or applicant for a CoC, and their shall notify the Director, Office of applicant for a license or CoC shall contractors and subcontractors are Nuclear Material Safety and Safeguards, notify the Commission of information responsible for the quality assurance U.S. Nuclear Regulatory Commission, identified by the licensee, certificate requirements as they app:y to the Washington, DC 20555, of its intent to holder, or applicant for a license or CoC design, fabrication, and testing of a apply its previously approved appendix as having for the regulated activity a spent fuel storage cask until possession B program to ISFSI activities. The significant implication for public health of the spent fuel storage cask is licensee shall identify the program by and safety or common defense and transferred to the licensee. The licensee date of submittal to the Commission, security. A licensee, certificate holder, and the certificate holder are also docket number, and date of Commission or an applicant for a license or CoC simultaneously responsible for these approval.

violates this paragraph unty if the quality assurance requircments via the

9. Section 72.142 is revised to read as licensee, certificate holder, or applicant oversight of contractors and follow 3:

for a license or CoC falls to notify the subcontractors.

Commission of information that the (b) Establishment ofprogram. Each $ 72.142 Quality assurance organization.

licensee, certificate holder, or applicant licensee. Pplicant for a license. (a) The licensee, applicant for a for a license or CoC has identified as certificate holder. applicant for a CoC, license, certificate holder, applicant for having a significant implication for and their contractors and subcontractors a CoC, and their contractors and public health and safety or common shall establish, maintain, and execute a subcontractors shall be responsible for defense and security, Notification shall quality assurance program satisfying the establishment and execution of the be provided to the Administrator of the e ch of the applicable criteria of this quality assurance program. The licensee appropriate Regional Office within two subpart, and satisfying any specific and certificate holder may delegate to working days of identifying the Provisions which are applicable to the others. such as contractors, agents, or information. This requirement is not licensee s, applicant 3 for a license, consultants, the work of establishing applicable to information which is certificate holder s, applicant s for a and executing the quality assurance already required to be provided to the CoC, and their contractor s and program, but the licensee and the Commission by other reporting or subcontractor s activities. T he licensee, certificate holder shall retain updatin frements. pplic nt for a license. certificate responsibility for the program.The

7. In $ 72. 6, paragraph (b) is revised holder, applicant for a CoC, and their licensee, applicant for a license, to read as follows: contractors and subcontractors shall certificate holder, applicant for a CoC, execute the applicable criteria in a and their contiactors and subcontractors 5 72.86 Criminal penalties, graded approach to an extent that is shall clearly establish and delineate in commensurate with the importance to writing the authority and duties of (b) The regulations in part 72 that are safety. The quality assurance program persons and organizations performing not issued under sections 161b 1611, or shall cover the activities identified in activities affecting the functions of 1610 for the purposes of section 223 are this subpart throughout the life of the structures. systems and components as follows: 55 72.1,72.2,72.3,72.4,72.5, activity. For licensees, this includes which are important to safety. These 72,7.72.8,72.9,72.16,72.18,72.20, activities from the site selection through activities include performing the 72.22,72.24,72.26,72.28,72.32,72.34, decommissioning prior to termination of functions associated with attaining

39534 Federal Register / Vol. 63 No.141/Thurulay, July 23,1998/ Pwd Rules quality objectives and the quality licensed or the spent fuel storage cask subcontractors shall provide for assurance funce is certified. The licensee, applicant for (b) The qualu j .nsurance functions indoctrination and training of personnel a license, certificate holder, applicant performing activities affecting quality as are- for a CoC. and their contractors and necessary to ensure that suitable (1) Assuring that an awmpriate subcontractors shall identify the proficiency is achieved and maintained.

quality assurance program is established structures, systems, and components to (e) The licensee, applicant for a l and effectively executed; and be covered by the quality assurance license, certificate holder, applicant for (2) Verifying, by procedures such as program, the major organizations a CoC, and their contractors and checking, auditing, and inspection, that participating in the program, and the subcontractors shall review the status activities affecting the functions that are designated functions of these and adequacy of the quality assurance important to safety have been correctly organizations. program at established intervals.

performed. The persons and (b) The licensee, applicant for a Management of other organizations organizations performing quality license, certificate holder applicant for participating in the quality assurance assurance functions shall have sufficient a CoC, and their contractors and program shall regularly review the authority and organizational freedom to subcontractors, through their quality status and adequacy of that part of the identify quality problems; to initiate, assurance program (s), shall provide recommend, or provide solutions; and quality assurance program which they control over activities affecting the are executing.

to verify implementation of solutions. quality of the identified structures, (c) The persons and organizations i1. Section 72.146 is revised to read systems, and components to an extent as follows:

performlng quality assurance functions commensurate with the importance to shall report to a management level that safety, and as necessary to ensure M n atml ensures that the required authority and conformance to the approved design of (a) The licensee, applicant for a organizational freedom, including each ISFSt. MRS. or spent fuel storage license, certificate holder, applicant for sufficient independence from cost and cask. The licensee, applicant for a CoC, and their contractors and schedule considerations when these license, certificate holder, applicant for subcontractors shall establish measures considerations are opposed to safety a CoC, and their contractors and t ensure that applicable regulatory considerations, are provided. Because of subcontractors shall ensure that requirements nd the design basis, as the many variables involved, such as the activities affecting quality are 5Pecified in the license or CoC number'of personnel, the type of accomplished under suitably controlled application for those structures, activity being performed, and the conditions. Controlled conditions location or locations where activities are include the use of appropriate

[g*n S "

es e P"

ctl d performed, the organizational structure equipment; suitable environmental into specifications, drawings, for executing the quality assurance conditions far accomplishing the procedures, and instructions. These program may take various forms, activity, sucn as adequate cleanliness: measures shall include provisions to provided that the persons and and assurance that all prerequisites for ensure that appropriate quality organizations assigned the quality the given activity have been satisfied. standards are specified and included in assurance functions have the required The licensee, applicant for a license, design documents and that deviations authority and organizational freedom. certificate holder, applicant for a CoC. from standards are controlled Measures irrespective of the organizational and their contractors and subcontractors shall be established for the selection and structure, the individual (s) assigned the shall take into account the need for review for suitability of application of responsibility for assuring effective special controls, processes. test materials, parts, equipment, and execution of any portion of the quality equipment, tools and skills to attain the processes that are essential to the assurance program at any location required quality and the need for functions of the structures, systems, and where activities subject to this section verification of quality by inspection and components which are important to are being performed must have direct test.

access to the levels of management (c) The licensee, applican: for a 5"7, (b) hhe licensee applicant for a necessary to perform this function. license, certificate holder, applicant for license, certificate holder, applicant for

10. Section 72.144 is revised to read a CoC, and their contractors and a CoC. and their contractors and as follows: subcontractors shall base the subcontractors shall establish measures requirements and procedures of their for the identification and control of

$ 72.144 Quality assurance program, design interfaces and for cooraination (a) The licensee, applicant for a qu hty assurance PmgramN on h

• " among participating design license, certificate holder, applicant for g rg nu donsAse measums sau a CoC, and their contractors and pxt ar pro osed use of t e structures, systems or components: include the establishment of written subcontractors shall establish, at the Pmcedures among participating design (1) The impact of malfunction or earliest practicable time consistent with rg niz tions for the review, approval, failure of the item on safety; the schedule for accomplishing the (2) The design and fabrication release, distribution, and revision of activities, a quality assurance program com lexity or uniqueness of the item; documents involving design interfaces.

which complies with the requirements (3) The need for special controls and The design control measures shall of this subpart. The licensee, applicant surveillance over processes and provide for verifying or checking the for a license, certificate holder. equipment: dequacy of design, by methods such as applicant for a CoC, and their (4) The degree to which functional design reviews. alternate or simplified contractors and subcontractors shall compliance can be demonstrated by calculational methods, or by a suitable document the quality assurance inspection or test; and testing program. For the verifying or program by written procedures or (5) The quality history and degree of checking process, the licensee and

! instructions and shall carry out the standardization of the item. certificate holder shall designate

! program in accordance with these (d) The licensee, applicant for a individuals or groups other than those I

procedures throughout the period license, certificate holder, applicant for who were responsible for the original during which the ISFSI or MRS is a CoC, and their contractors and design, but who may he from the same l

1

T Federal Register /Vol. 63, No.141/'Umtsday, July 23,1998/ Proposed Rules 39535 l organization. Where a test program is activities have been satisfactorily 16. Section 72.156 is revised to read used to verify the adequacy of a specific accomplished. as follows:

design feature in lieu of other verifying 14. Section 72.152 is revised to read or checking processes, the licensee and as follows: 572.156 identification and control of l certificate holder shall include suitable materials, parts, and components.

qualification testing of a prototype or 972,152 Document control.

The licensee, applicant for a license.

sample unit under the most adverse The licensee, applicant for a license, certificate holder, applicant for a CoC, design conditions. The licensee, certificate holder, applicant for a CoC, and their contractors and subcontractors applicant for a license, certificate and their contractors and subcontractors shall establish measures for the holder, applicant for a CoC. and their shall establish measures to control the identification and control of materials, contractors and subcontractors shall issuance of documents such as parts, and components. These measures apply design control measures to items instructions. procedures. and drawings. shall ensure that identification of the such as the following: criticality including changes, which prescribe all item is maintained by heat number, part physics. radiation, shielding, stress, activities affecting quality. These number, serial number, or other thermal, hydraulic, and accident measures shall assure that documents. appropriate means. either on the item or analyses: compatibility of materials; including changes are reviewed for on records traceable to the item as accessibility for in-service inspection, adequacy, approved for release by required, throughout fabrication. I maintenance, and repair; features to authorized personnel, and distributed installation, and use of the item. These facilitate decontamination; and and used at the location where the identification and control measures delineation of acceptance criteria for prescribed activity is performed. These shall be designed to prevent the use of inspections and tests. measures shall ensure that changes to incorrect or defective materials. parts.

(c) The licensee, applicant for a documents are reviewed and approved. and components.

license, certificate holder, applicant for 15. Section 72.154 is revised to read 17 Section 72.158 is revised to read a CoC, and their contractors and as follows: as follows:

subcontractors shall subject design 972.154 Controlof purchased material, changes, including field changes, to 572.1sa controlof specialprocesses.

equipment, and services.

design control measures commensurate The licensee, applicant for a license, (a) The licensee, applicant for a certificate holder, applicant for a CoC, with those applied to the original design. Changes in the conditions license, certificate holder, applicant for and their contractors and subcontractors 8 an C n raC n an specified in the license or CoC require shall establish measures to ensure that prior NRC approval subcontractors shall establish measures special processes, including welding, t ensure that purchased material, heat treating, and nondestructive

12. Section 72.148 is revised to read equipment and services, whether as follows: testing, are controlled and accomplished purchased directly or through by qualified personnel using qualified '

$ 72,148 Procurement document control. contractors and subcontractors, conform procedures in accordance with The licensee, applicant for a license, to the procurement documents. These applicable codes. standards, certificate holder, applicant for a CoC, measures shall include provisions, as specifications, criteria, and other special and their contractors and subcontractors appropriate, for source evaluation and requirements.

shall establish measures to assure that selection. objective evidence of quality 18. Section 72.160 is revised to read applicable regulatory requirements, furnished by the contractor or as follows:

design bases, and other requirements subcontractor, inspection at the which are necessary to assure adequate c ntractor or subcontractor source, and 972.160 Licensee and certificate holder quality are included or referenced in the ex mination of products upon delivery. Inspection.

documents for procurement of material. (b) The licensee, applicant for a The licensee, applicant for a license, equipment, and services. To the extent license, certificate holder, applicant for certificate holder, applicant for a CoC.

necessary, the licensee, applicant for a a CoC, and their contractors and and their contractors and subcontractors license, certificate holder, and applicant subcontractors shall have available shall establish and execute a program for a CoC, shall require contractors or d cumentary evidence that material and for inspection of activities affecting subcontractors to provide a quality equipment conform to the procurement quality by or for the organization assurance program consistent with the specifications prior to installation or use performing the activity to verify applicable provisions of this subpart, f the material and equipment. The conformance with the documented

13. Section 72.150 is revised to read licensee nd certificate holder shall instructions, procedures, and drawings as follows: retain or have available this for accomplishing the activity. The documentary evidence for the life of inspection shall be performed by

$ 72.150 instructions, procedures, and ISFSI, MRS, or spent fuel storage cask. Individuals other than those who Oswings.

The licensee and certificate holder shall performed the activity being inspected.

. The licensee, applicant for a license, ensure that the evidence is sufficient to Examinations, measurements, or tests of certificate holder, applicant for a CoC. Identify the specific requirements met material or products processed shall be and their contractors and subcontractors by the purchased rnaterial and performed for each work operation shall prescribe activities affecting where necessary to assure quality. If quality by documented instructions, eq(uipment.

c) The licensee, applicant for a direct inspection of processed material procedures, or drawings of a type license, certificate holder, applicant for or products cannot be carried out, appropriate to the circumstances and a CoC, and their contractors and indirect control by monitoring shall require that these instructions, subcontractors or a designee of either processing methods, equipment, and procedures, and drawings be followed, shall assess the effectiveness of the personnel shall be provided. Both The instructions, procedures, and control of quality by contractors and inspection and process monitoring shall drawings shall include appropriate subcontractors at intervals consistent be provided when quality control is quantitative or qualitative acceptance with the importance, complexity, and inadequate without both. If mandatory criteria for determining tha' 'mportant quantity of the product or services. inspection hold points, which require

.. . ~- -

. . l 39536 Federal Register / Vol. 63, No.141/hursday, July 23,1998/ Proposed Rules witnessing or inspecting by the inert gas atmosphere, and specific licensee s or certificate holder's significant condition adverse to quality, moisture content and temperature levels the cause of the condition, and the designated representative and beyond shall be specified and provided.

which work should not proceed without corrective action taken shall be

22. Section 72.168 is revised to read documented and reported to appropriate the consent of its designated as follows: levels of management. i' representative, are required, the specific hold points shall be indicated in I7

,,[168 inspection, test, and operating 2g5 S lti n 72.174 is revised to read appropriate documents.

19. Section 72.162 is revised to read (a) The licensee applicant for a $ 72.174 Quality assurance records.

as follows: license, certificate holder. applicant for a CoC and their contractors and The licensee, applicant for a license *

$ 72.162 Test control subcontractors shall establish measures certi7icate holder, applicant for a CoC, I

The licensee, applicant for a license, to indicate by the use of markings such nd their contractors and subcontractors I certificate holder, applicant for a CoC, as stamps. tags, labels, routing cards, or shall maintain sufficient records to and their contractors and subcontractors other suitable means. the status of furnish evidence of activities affecting shall establish a test program to ensure quality. The records shall include the inspections and tests performed upon that all testing required to demonstrate f 11 wing: design records records of use '

individualitems of the ISFSI. MRS or that the structures, systems, and spent fuel storage cask. These measures and the results of reviews, inspections, components will perform satisfactorily shall provide for the identification of tests, audits, monitoring of work in service is identified and performed in items which have satisfactorily passed perf rmance. and materials analyses.

accordance with written test procedures required inspections and tests where The records shall include closely related that incorporate the requirements of this necessary to preclude inadvertent a a suc as qu cations of personnel, part and the requirements and bypassing of the inspections and tests. Procedures, and equipment. Inspection acceptance limits contained in the an st mc s shan, at a minimum, (b) The licensee shall establish ISFSI. MRS, or spent fuel storage cask measures to identify the operating status identify the inspector or data recorder, l

license or CoC. The test procedures the type of observation, the results, the of structures, systems, and components l shall include provisions for assuring of the ISFSI or MRS such as tagging acceptability, and the action taken in that all prerequisites for the given test valves and switches, to prevent are met, that adequate test inadvertent operation. Re o d s edfn"Iflb d instrumentation is available and used. 23. Section 72.170 is revised to read retrievable. Records pertaining to the and that the test is performed under as follows: design. fabrication, erection, testing, suitable environmental conditions. The rnalntenance, and use of structures, l licensee, applicant for a license, 972.170 Nonconforming materials, parts' systems, and components important to {

or components. safety shall be maintained by or under i certificate holder, applicant for a CoC.

and their contractors and subcontractors The licensee, a licant for a license

• the control of the licensee or certificate shall document and evaluate the test certificate holder APP licant for a CoC. holder until the Commission terminates results to ensure that test requirements and their contractors and subcontractors the 11 cense or CoC.

have been satisfied. shall establish measures to control 26. Section 72.176 is revised to read

20. Section 72.164 is revised to read materials, parts. or components that do as follows:

as follows: n t conform to their requirements in order to prevent their inadvertent use or $ 72.176 Audits.

$ 72.164 Control of measuring and test installation. These measures shall The licensee, applicant for a license, equipment. Include, as appropriate, procedures for certificate holder, applicant for a CoC, The licensee, applicant for a license, identification, documentation. and their contractors and subcontractors certificate holder, applicant for a CoC. segregation. disposition. and shall carry cut a comprehensive system l and their contractors and subcontractors notification to affected organizations. Of Planned and periodic audits to verify shall establish measures to ensure that Nonconforming items shall be reviewed compliance with all aspects of the tools. gauges, instruments, and other a " " tcepted. rejected, repaired. or quality assurance program and to measuring and testing devices used in Ned in accordance with determine the effectiveness of the l activities affecting quality are properly A nted procedures. Program. The audits shall be performed l controlled, calibrated, and adjusted at 24. Section 72.172 is revised to read in accordance with written procedures specified periods to maintain accuracy as follows: or checklists by appropriately trained within necessary limits. Personnel not having direct

21. Section 72.166 is revised to read $ 72.172 conecuve adon. responsibilities in the areas being as follows: The licensee applicant for a license, audited. Audited results shall be certificate holder, applicant for a CoC. documented and reviewed by 972.166 Handling, storage, and shipping and their contractors and subcontractors management having responsibility in control.

shall establish measures to ensure that the area audited. Follow up action.

The licensee, applicant for a license, conditions adverse to quality, such as including re-audit of deficient areas, i certificate holder, applicant for a CoC. failures, malfunctions, deficiencies, shall be taken where indicated.

l and their contractors and subcontractors deviations, defective material and 27. Section 72.232 is revised to read shall establish measures to control, in equipment, and nonconformances, are as follows:

accordance with work and inspection promptly identified and corrected. In instructions, the handling, storage. the case of a significant condition $ 72.232 inspection and tests.

shipping, cleaning, and preservation of identified as adverse to quality, the (a) The certificate holder, applicant materials and equipment to prevent measures shall ensure that the cause of for a CoC. and their contractors and damage or detes io.ation. When the condition is determined and subcontractors shall permit and make necessary for particular products, corrective action is taken to preclude provisions for, the Commission to special protective environments, such as repetition. The identification of the inspect the premises and facilities at

r Federal Register /Vol. 63, No.141/'Ihursday, July 23,1998/ Proposal Rules 39537 which a spent fuel storage cask is manufactured under a CoC, showing the (h) The cask shall be compatible with designed, fabricated, and tested. Information in paragraph (d)(2) of this wet or dry spent fuel loading and (b) The certificate holder, applicant section, shall be initiated and unloading facilities, for a CoC, and their contractors and maintained by the certificate holder for (i) The cask shall be designed to subcontractors shall make available to the Commission for inspection, upon each model cask. If the certificate holder facilitate decontamination to the extent permanently ceases production of casks practicable.

reasonable notice, records kept by any ender a CoC, the certificate holder shall of them pertaining to the design. 0) The cask shall be inspected to send this composite record to the ascertain that there are no cracks, fabrication, and testing of spent fuel Commission using instructions in storage casks.

pinholes, uncontrolled voids, or other S 72.4.

(c) The certificate holder, applicant defects that could significantly reduce (e) The certificate holder and the its confinement effectiveness, for a CoC, and their contractors and general licensee using the cask shall subcontractors shall perform, and make ensure that the composite record (k) The cask shall be conspicuously provisions that permit the Commission and durably marked with -

required by paragraph (d) of this section to perform, tests that the Commission (1) A model number; is available to the Commission for deems necessary or appropriate for the inspection. (2) A unique identification number;

- administration of the regulations in this and (f) The certificate holder shall ensure part. that written procedures and appropriate (3) An empty weight.

(d) The certificate holder and tests are established prior to use of the (1) The cask and its systems important applicant for a CoC shall submit a casks. A copy of these procedures and to safety shall be evaluated, by notification under S 72.4 at least 45 days tests shall be provided to each general appropriate tests or by other means prior to starting fabrication of the first licensee using the cask. acceptable to the Commission, to spent fuel storage cask under a demonstrate that they will reasonably

29. Section 72.236 n revised to read Certificate of Compliance. as follows: maintain confinement of radioactive

28. Section 72.234 Is revised to read material under normal, off-normal, and as follows: $ 72.236 Specific requirements for spent credible accident conditions.

f el st age ask approval.

$ 72.234 Conditions of approval, (m) To the extent practicable in the The certificate holder shall ensure design of storage casks, consideration (a) The certificate holder and applicant for a CoC shall ensure that the that the requirements of this section are should be given to compatibility with design, fabrication, testing, and met. An applicant for a CoC shall ensure rt moval of the stored spent fuel from a maintenance of a spent fuel storage cask met, the that requirements of this section are reactor site, transportation, and ultimate excep. for paragraphs 0) and (k) comply with the requirements in disposition by the Department of (a) Specifications shall be provided Energy.

S 72.236.

for the spent fuel to be stored in the 30. Section 72.240 is revised to read (b) The certificate holder and applicant for a CoC shall ensure that the cask, such as but not limited to, type of as follows:

spent fuel (i.e., BWR, PWR, both),

design, fabrication testing, and 572.240 conditions for spent fuel storage maximum allowable enrichment of the maintenance of spent fuel storage casks cask reapproval, fuel prior to any irradiation. burn-up be conducted under a quality assurance (i.e., megawatt-days /MTU), minimum (a) The certificate holder, a general j program that meets the requirements of subpart G of this part. acceptable cooling time of the spent fuel licensee using a spent fuel storage cask, rior to storage in the cask, maximum or the representative of a general (c) The certificate holder and feat designed to be dissipated, applicant for a CoC shall ensure that the licensee using a spent fuel storage cask rnaximum spent fuel loading limit, shall apply for reapproval of the design I fabrication of casks under a CoC does not begin prior to receipt of the CoC for condition of the spent fuel (i e., intact of a spent fuel storage cask. l assembly or consolidated fuel rods), the (b) The application for reapproval of  !

the spent fuel storage cask.

Inerting atmosphere requirements. the design of a spent fuel storage cask (b) Design bases and design criteria ensur tiat a rec r is e b is ed and maintained for each cask fabricated shall be provided for structures, shall be submitted not less than 30 days prior to the expiration date of the CoC. f 4

under the CoC. systems, and components !mportant to When the applicant has submitted a safety. timely application for reapproval. the

) T eld o n n be (c) The cask shall be designed and existing CoC will not expire until the l (11) The cask model number. fabricated so that the spent fuel is application for reapproval has been l (iii) The cask identification' number; maintained in a subcritical condition finally determined by the Commission.

(iv) Date fabrication was started; under credible conditions. The application shall be accompanied (v) Date fabrication was completed. (d) Radiation shielding and by a safety analysis report (SAR). The (vi) Certification that the cask was confinement features shall be provided new SAR may reference the SAR designed, fabricated, tested, and sufficient to meet the requirements in originally submitted for the approved repaired in accordance with a quality SS 72.104 and 72.106. spent fuel storage cask design.

assurance program accepted by NRC; (e) The cask shall be designed to (c) The design of a spent fuel storage (vil) Certification that inspections provide redundant sealing of cask will be reapproved if the required by 5 72.2360) were performed confinement systems conditions in S 72.238 are met, and the and found satisfactory; and (f) The cask shall be designed to application includes a demonstration (viii) The name and address of the provide adequate heat removal capacity that the storage of spent fuel has not, in generallicensee using the cask. without active c aling systems. fact, significantly adversely affected (3) The certificate holder shall supply (g) The cask shall be designed to store structures, systems, and components the original of thL record to the general the spent fuel safely for a minimum of important to safety, licensee using the cask. A current copy 20 years and permit maintenance as 31, Section 72.242 is added to read as of a composite record of all casks required. follows:

r 1 39538 Federal Register / Vol. 63, No.141/'Ihursday, Jtdy 23,1998/ Pmposed Rdes 9 72.242 Recordkeeping and reports.

(vi) The manufacturer and model consequent damage to the flaps; these (a) Each certificate holder or applicant number (or other identification) of each conditions could result in reduced shall maintain any records and produce component that failed during the event: controllability of the airplane.

any reports that may be required by the (vii) The model and serial numbers of conditions of the CoC or by the rules. the affected casks: DATES: Comments must be received by regulations, and orders of the August 24.1998.

(viii) The licensees that have affected Commission in effectuating the casks: ADfRESSES: Submit comments in purposes of the Act. (3) An assessment of the safety triplicate to the Federal Aviation (b) Records that are required by the consequences and implications nf the Administration (FAA). Transport regulations in this part or by conditions deficiency. Thit assessment shall Airplane Directorate. ANM-Il4.

of the CoC shall be maintained for the include the a ailability of other systems Attention: Rules Docket No. 98-NM-or components that could have 159-AD.1601 Lind Avenue. SW.,

eg tio or t e CoC con it or s if a Performed the same function as the Renton. Washington 98055-4056. ,

retention period is not specified, the components and systems that were Comments may be inspected at this 1 records shall be maintained until the affected- location between 9:00 a.m. and 3:00 I Commission terminates the CoC. (4) A clescription of any corrective p.m., Monday through Friday, except actions planned as a result of the Federal holidays. l (c) Any record that shall be maintained under this part may be deficiency, including those to reduce The service information referenced in either the original or a reproduced copy the probability of slmllar occurrences in the proposed rule may be obtained from by any state of the art method provided the future. Aerospatiale. 316 Route de Bayonne, l that any reproduced copy is duly (5) Reference to any previous similar 31060 Toulouse. Cedex 03. France. This authenticated by authorized personnel deficiencies at the same facility that are information may be examined at the known to the certificate holder; and FAA. Transport Airplane Directorate.

and is capable of producing a clear and I (6) The name and telephone number 1601 Lind Avenue. SW., Renton.

) legible copy after storage for the period of a person within the certificate Washington.

i 1

specified by Commission regulations.

holder's organization who is FW FlRIFER NORANICNCCATACII I (d) Each certificate holder shall submit a written report to the NRC knowledgeable about the deficiency and Norman B. Martenson, Manager, j can provide additional information. International Branch. ANM-116, FAA.

within 30 days of discovery of a design or fabrication deficiency, for any spent Dated at Rockville. Maryland, this 16th day Transport Airplane Directorate,1601 of July,1998. Lind Avenue SW., Renton, Washington 1 ey e to a Ice e wher thedesign For the Nuclear Regulatory Commission. 98055-4056; telephone (425) 227-2110; or fabrication deficiency affects the j hn C. Hoyle, fax (425) 227-1149. ,

ability of structures. systems, and Secretaryof the Commission. StPPLENENTARYNmNNICN components important to safety to IFR Doc. 98-19556 Filed 7-22-98; 8 45 aml Comments invited perform their function. The written en.uno cooe neo-o1-e report shall be sent to the NRC in Interested persons are invited to ,

accordance with the requirements of participate in the making of the

• S 72.4. The report shall include the DEPARTMENT OF TRANSPORTATION Pr Posed rule by submitting such l following: written data, views, or arguments as (1) A brief abstract describing the Federal Aviation Administration they may desire. Communications shall deficiency, including all component or identify the Rules Docket number and system failures that contributed to the 14 CFR Part 39 be submitted in triplicate to the address

)

deficiency and corrective action taken (Docket No. 9&-NM-159-AD] SPecified above. All communications or planned to prevent recurrence; received on or before the closing date RIN 2120-AA64 for comments, specified above, will be (2) A clear, specific narrative '

description of what occurred so that considered before taking action on the i Airworthiness Directives; Aerospatiale proposed rule. The proposals contained knowledgeable readers familiar with the Model ATR72-212A Series Airplanes

" in this notice may be changed in light no am far wi the t is of a AGENCY Federal Aviation of the comments received.

particular cask, can understand the Administration. DOT. Comments are specifically mvited on deficiency. The narrative description /CIICN Notice of proposed rulemaking *C shall include the following specific (NPRM). ( [*[f {8"I g information as appropriate for the the proposed rule. All comments particular event: 5thpRM This document proposes the submitted will be available, both before (i) Dates and approximate times of adoption of a new airworthiness and after the closing date for comments.

discovery; directive (AD) that is applicable to in the Rules Docket for examination by certain Aerospatiale Model ATR72- interested persons. A report (ii) The cause of each component or system failure. if known; 212A series airplanes. This proposal summarizing each FAA.public contact (iii) The failure mode, mechanism. would require installation of bushings concerned with the substance of this on the lower attachment fittings of the proposal will be filed in the Rules and effect of each failed component. If flap support beam. This proposal is Docket.

known; prompted by issuance of mandatory Commenters wishing the FAA to (iv) A list of systems or secondary continuing alrworthiness information by acknowledge receipt of their comments functions that were also affected for a foreign civil airworthiness authority, submitted in response to this notice failures of components with multiple The actions specified by the proposed must submit a self addressed, stamped functions AD are intended to prevent rupture of postcard on which the following (v) The method of discovery of each the lower attachment fittings of the flap statement is made: " Comments to emponent or system failure; support beam due to fatigue, and Docket Number 98-NM-159-AD." The