ML20217B597

Forwards Brief Description of Final Statements That NRC May Issue in Next 30 to 90 Days Re Determination Whether Final Agency Actions Considered Major Rules

ML20217B597
Person / Time
Issue date:	08/01/1997
From:	Meyer D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Michlovich E OFFICE OF MANAGEMENT & BUDGET
Shared Package
ML20217B566	List: ML20217B561 ML20217B597
References
FRN-62FR47268, FRN-62FR47272, RULE-PR-50 AF75-2-009, AF75-2-9, NUDOCS 9709300081
Download: ML20217B597 (6)

Text

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4 August 1, 1997 l

Mr. 54 ward Michlavich OK 2 7.97

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Offlee of Management and BudgetOffice of Information and A J

Executive office et the President j

4 Maahington, DC 20503 e

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Dear Mr. Michhwich:

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Regulatory Enforcement Fairness Ast ("the Act")Under i

SS sci-sos (5 U. S. C.

are *aajor)r,uless for Ptrposes of the Act.your office determines w i

i Regulatory Commission may inaus in the next 30 to anclosed you will i

These tre new actions whlon have not yet been submitted for review.

We believe that these antians are not " major rules"your i

ummar the Act.

j concurrence on this letter, and tax the letter to me atIf yo 1

301-415-n144 Dut1 Care. gov You may 4150 Jespond by return e-mail to j

1 to eell me at (301) 415-7103.If you have any questions about these a i

sincerely, i

j M-M 4

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David L. Meyer, Chist Rules and Directives Branch j

Division ox Administrative. Services office of Administration

Enclosures:

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O h =8M on Muclear Material Evont Reporting O

deregulation of the electric utility industryFinal policy state co 1

m 9709300001 970919 PDR PR 50 62FR47268 PDR II/20'd E00'oH 61:01 26g Eq sect-E6 M OD M MWWM '

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A_nproved for Publication n i I

Th3 Commission delegated to the EDO (10 CFR 1.31(c)) the authority to develop and

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mulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the limitations in NRC M:nagement Directive 9.17, Organization and Functions, Office of the Executive Director a

,, _ for Operations, paragraphs 0213,038, 039, and 0310.. _

The C.ttache'd final ruIe! entitled" " Definition of Safety Related Systems, Structures, and l

Components; Technical Amendments" amends 10 CFR Part 50 to correct an error in the 1:nguage of several sections in the regulations governing nuclear power plant licensing which define the term, " safety-related systems, structures,, and components." These i'

d:finitions are inconsistent with the definition in regulations applicable to the siting of nu:l:ar power plants and the Commission's longstanding practice and interpretation of th:t term. The amendments will remove the uncertainty related to this matter.

1 Th] final rule does not constitute a significant question of policy, nor does it amend regul:tions contained in 10 CFR Parts 7,8, or 9 Subpart C concerning matters of policy. I ther: fore find that this proposed rule is wi hin the scope of my rulemaking authority and t

am proceeding to issue it.

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, D:/a 'l Ex ive Director f Opera ns i

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hF 75-2 ppa eptember 8,1997 4

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l Part IV Nuclear Regulatory Commission 10 CFR Part 50 Definition of Safety Related Structures, Systems, and Components; Technical Amendments; Final Rule and Proposed Rule O

e Fedtral Register / Vol. 02, No.173 / Monday, September 8,1997 / Rules and Regulations 47269 p

considerations which would suggest 47822 (November 28,1988-proposed proposed rule and will be addn.ssed in "

that the Commission intended to narrow Maintenance Rule); 56 FR 31324 (July a subsequent final rule. The NRC will the scope of structures, systems and 10,1991-final Maintenance Rule); 57 not initiate a second comment period on components that would be considered FR 47802 (October 20,1992-first this action.

" safety related." Indeed, language in proposed rule amending parts 50 and Criminal Penalt'

Revision "I to Regulatory Guide (RC) 100); 59 FR 52255 (October 17,1994-i 1.89, " Environmental Qualification of second proposed rule amending parts 50 For puposes of Ssction 223 of the Certain Electrical Equipment Important and 100); and 61 FR 65171 (Docomber Atomic Energy Act of 1954, as amended to Safety for Nuclear Power Plants" 11,199&--final rule amending parts 50

( AEA), the Commission is issuing the (June 1984) strongly suggests that the and 100).

direct final rule under one or more of use of the conjunctive word,"and" was The final rule amending 10 CFR Part:, sections 161b,1611 or 161o vf the AEA.

an error and was not intended to change 50 and 100, which inter oha added the Willful violations of the direct final rule the fundansental scope of safety related definition of" safety related structures, are subject to criminal enforcement.

structures, systems and components.

systems, and components to 10 CFR Electronic Access Appendtx A to 861.8v " Typical 50.2, also added the word," postulated,"

Safety-Related Electrical Equipment or to the term," design basis events," so Comments may be submitted System," purports to list systems and that the term reads," design basis electronically, in either ASCl! text or equipment that are " safety related."

(Postulated) events." Nothing in the Word Perfect fonnat (version 5.1), by However, none of the equipment and statements of consideration for the first calling the NRC Electronic Bulletin systems actually listed as being " safety. or second proposed rules, or the final Board on FedWorld or connecting to the related" would meet the definition of rule, explains the addition of the word, NRC interactive rulemaking web site, safety-related structures, systems an

" postulated." in the Section 50.2 "Rulemaking Forum." The bulletin components if the conjunctive "and.d definition of" safety-related structures, board may be accessed using a personal were interpreted to require all three systems, and components while leaving computer, a modem, and one of the criteria in the " safety related" definition it out of the definitions of" safety, commonly available communications to be sNi4 fled. Moreover, a footnote to related structures, systems, and software packages, or directly via Appen& A of RG 1.89 states:

components"in 10 CFR 50.65 and to Internet. Background documents on the CFR Part 100 Appendix A, and " safety, rulemaking are also available for Paragraph 50.49(b)(1) identifies safety-related electrical equi ment" in 10 CFR downloading and viewing on the related electrical equipment as a subset of 50.49. Therefore, the bmmission also bulletin board, e e[u mbt that is concludes that the addition of the word, if using a personal computer and d

e it upon to remain functional during and

" Postulated" was an error and should be modem, the NRC subsystem on following design basis events to ensure (1) removed to conform the definition of FedWorld can be accessed directly by the integrity of the reactor coolant pressure

" safety related structures, systems, and dialing the toll free number: 1-800-l boundary (2) the capability to shut down the components" to the long-stan ling 303-9672. Communications software reactor and maintain it in a safe condition, wording of that term.

Parameters should be set as follows:

or (3) the capability to prevent or mitigate the for these reasons, the Commission Parity to none, data bits to 8, and stop cons uences of accidents which could has determined that the amendments to bits to 1 (N,ts,1). Using ANSI or VT-100 result potential offsite exposures 10 CFR 50.2,50.49, and 50.05 are of a terminal emulation, the NRC 4

comparable to the to CFR Part 100 corrective nature, and do not involve rulemaking subsystems can then be guidelines. (emphasts added) any change in existing policy or accessed by selecting the " Rules Menu" That the RG uses the disjunctive "or" otherwise constitute a new policy with option from the "NRC Main Menu." For when describing the underlying respect to the scope of structures, further information about options regulatory requirement of to CFR 50.49 systems, and components considered to available for NRC at FedWorld, consult is a strong indication that the NRC did be " safety related." Furthermore, since' the " Help /Information Centar" from the not intend to change the scope of these amendments clarify the original "NRC Main Menu." Users will find the structures, systems, and components intent of the Commission, they can be "FedWorld Online User's Culdes" deemed to be " safety related," and that considered to be an interpretation of particularly helpful. Many NRC the use of the conjunctive word,"and,"

existing regulations. Accordingly, the subsystems and databases also have a was a grammatics 1 error.

Commission finds that public notice

" Help /Information Center" option that 4

The conjunctive word, "and," was and opportunity for comment are is tailored to the particular subsystem.

subsequently used in the Maintenance unnecessary pursuant to 10 U.S.C.

The NRC subsystem on FedWorld can Rule,10 CFR 50.65, to describe the 55a(b)(3)(A) and (B), and the also be accessed by a direct-dial phone structures, systems, and components Commission is publishing this rule in number for the main FedWorld BBS:

subject to the rule, as well as in the final form without first seeking public 703-321-3339; Teleet via Internet:

definition of " safety-related structures, comments on the amendment in a fedworld. gov (192.239.93.3); File 1

systems, and components" contained in proposed rule. However,if the NRC Transfer Protocol (FTP) via to CFR 50.2, which was added by a receives significant adverse comment by Internet:ftp:fedworld. gov 1996 rulemaking amending Parts 50 and (30 days after publication), the NRC will (192.239.92.205); and World Wide Web d

100. Because the statements of publish a notice in the Federal Register using: http://www.fedworld. gov (this is considerations for the proposed and that withdraws this action, and will-the Uniform Resource Locator (URL)).

4 final rules did not contain any address the comments received in if using a method other than the toll-discussion of the " safety-related" response to this direct final rule as free number to contact FedWorld, access j

definition, the Commission concludes comments on a proposed rule (identical the NRC subsystem from the main i

that the subsequent rules simply to this direct final rule) that is being FedWorld menu by selecting "F-repeated the definition used in 10 CFR concurrently published in the proposed Regulatory,Covernment Administration 50.49 without intending any change in rules section of this Federal Register.

and State Systems," then selocting "A-the scope of safety related structures, Any significant adverse comments will Regulatory Information Mal' At that systems, and components. See 53 FR be deemed to be comments on the point, a menu will be disph nd that has 3

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Tedertl Rn;ist:r / Vol. 62, No.173 / Mor. day, September 8,1997 / Rules and Regulations 47271 l'

6 50.2 Definitions.

3. In S 50.49, paragraph (b)(1)(1)(B) is (1) Safety.related shuctures, systems revised to read as folhws:

and components that are reliud upon to 8"

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Safety.related structures, systems and $ 50.49 Environmental qualification of he*lgn basi v nts to ensu e components means those structures, electric equipment important to safety for systems and components that are relied nuclear power plants.

integ 'ty of the reactor coolant pressure boundary, the capability to shut down upon to remain functional during and the reactor and meintain it in a safe following design basis events to assure:

(b) * *

• shutdown condition, or the capability to (1) The integrity of the reactor coolant (1) * *

• prevent or mitigate the consequences of pressure boundary (i) * *

• accidents that could result in potential i

(2) The capability to shut down the (D) T,he capability to shut down the offsite exposure comparable to the reactor and maintain it in a safe guidelines in $ 50.34(*"1) or $ 100.11 of reactor and maintain it in a safe l

shutdown condition; or shutdown condition; or this chapter, as applicule.

I

" Os i'he capability to prevent or mitigate the consequences of accidents 4, in S 50.65, para raph (b)(1) is Dated at Rockville, MD, this 5th day of revised to read as fo lows:

August,1997.

which could result in potential offsito exposures comparable to the applicable $ 50.65 Requirements for monitoring the For the Nuclear Regulatory Commission.

guideline exposures set forth in effectiveness of maintenance at nuclear la lo**Ph Callan, S 50.34(a)(1) or $ 100.11 of this chapter, power plants.

Executive DirectorforOperations.

as applicable.

(FR Doc. 97-23611 Flied 9-5-97; 8:45 aml (b) * *

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liderd Register / Vol. G2, No.173 / Monday, September 8,1997 / Proposed Rulos 47273 proposes to adopt the following 2234). Appendix F also issund under sec.

' '(i) * *

• amendments to 10 CFR Part 50.

187,68 Stat. 955 (42 U.S.C 2237).

M T b g bi % M M h n b

'J PART 50-DOMESTIC LICENSING OF

2. In S 50.2, the definition of safety-reactor and maintain it in a safe PRODUCTION AND UTILIZATION rel ted structures, systems, and shutdown condition; or FACILITIES foj*oP,mnts b Msed to mad as

4. In 5 50.65, paragraph (b)(1) is

1. The authority citation for Part 50

$ 50.2 Definitions.

revised to read as follows:

continues to read as follows:

Authority: Secs. 102,103,104,105,161, Safety.related structures, systems, or,d 5 50.e5 nequirements for monitoring the effectiveness of maintenance at nuclear 182,183,186,189. 68 Stat. 936,937,938, components meons those structures, power plants.

948,953,954. 955,956, as amended, sec-systems, and components that are relied 234,83 Stat.1244, as amended (42 U.S C 2132,2133,2134,2135,2201,2232,2233, upe's to remain functional during and 2236,2239,2282); secs. 201, as amended, following design basis events to assure:

ID)

• 202,206,88 Stat.1242, as amended.1244, (1) The iM igrity of the reactor coolant (1) Safety-related structures, systems, prem b.ptndak to shut down the remain functional during and folfowing and components that pre relied u on to

.afsol' sued (2) The capabil t on r Pub. L 95-601, sec.10,92 Stat. 2951 (42 U.S.C 5851).

reactor and maintain it in a safe design basis events to ensure the Section 50.10 also issued under secs.101, shutdown condition; or integrity of the reactor coolant pressure e

185,68 Stat. 955 as amended (42 U.S.C 2131, (3) The capability to preveat or boundary, the capability to shut down 2235), sec.102, Pub. L 91-190,83 Stat. 853 mitigate the consequences of accidents the reactor and maintain it in a safe (42 U.S.C 4332). Sectkwis 50.13, and which could result in e tential offsite shutdown condition, or the capability to o

50.54(dd), and 50.103 als: !ssued under sec.

exposures comparable to the applicable prevent or mitigate the consequences of 108,68 Stat. 939, as amended (42 U.S.C guidellne exposures set forth in accidents that could result in potential 2138). Sections 50.23,50.35,50.55, and 50.56 also issued under sec.185,88 Stat. 955 (42

$ 50.34(a)(1) or 9100.11 of this chapter, offsite exposure com arable to the U.S.C 2235). Sections 50.33a,50.55a and as applicable.

guidelines in 6 50.34 a)(1) or $ 100,11 of t

Appendix Q also issued under sec.102, Pub.

this chapter, as applicable.

L 91-100,83 Stat. 853 (42 U.S.C 4332).

3. In 5 50.49, paragraph (b)(1)(1)(B) is Secti'ns 50.34 and 50.54 aiso issued under revised to read as follows:

Dated at Rockville, MD, this 5th day of sec. 204,88 Stat.1245 (42 U.S.C 5844).

August 1997.

Sections 50.58,50.91, and 50.92 also issued

$ 50.49 Environmental qualification of under Pub. L 97-415,96 Stat. 2073 (42 electric equipment important to safety for For the Nuclear Regulatory Commission.

U.S.C 2239). Section 50.78 also issued under nuclear power plants.

IOS'P an, LecutMmet rf rQemdons.

sec.122,68 Stat. 939 (42 U.S.C 2152).

Sections 50.80-50.81 also issued under sec.

(b) * * *

(FR Doc. 97-23598 Filed 9-5-97: 8:45 aml 184,68 Stat. 954, as amended (42 U.S.C (1) * *

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