ML20238B408

Applicant Exhibit A-17B,consisting of 840706 Fr,Vol 49, Number 131 Re 10CFR50 Final Rule for Emergency Planning & Preparedness

ML20238B408
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/21/1987
From:	NRC
To:
References
OL-5-A-017B, OL-5-A-17B, NUDOCS 8709010205
Download: ML20238B408 (6)

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Federal Register / Vol. 49. No.131 / Friday, July 6,1984 / Rules and Regulations 27733 the producer of the calves ceetifies that proviso that,if all major elements in the Public Comments.

the calves hav-not been treated with emergency plan are performed in a any animal drugs or, if so, that the satisfactory runner during the annual The NRC proposed rule was published in the Federal Register with a 60-day prescribed withdrawal period for such exercise. FEMA may recommend and crugs h.. p..ed allowing the drug the NRC may find that another exercise comment period on July 21,IEB3143 FR 33307). Seventy-one comment letters residues i*t the animals to be in with State and local government were received and evaluated by the compliance with tolerances approved by participation is not required for up to 2 NRC staff.

the Food and Drug Administration.

yeers. The propcsed rule did not relax in The intenm rule was effective on June any manner the annual requirement for Those commenters (55) favoring relaxing the frequency of State and local 4.1984. except for i 309.16(d) (2)(1) and onsite exercises that each licensee is (3) which contain reportmg and required to conduct which include governmental participation in recordkeepmg requirements. Such exercising the control roorn technical emergency preparedness exercises were utilities, consulting firms representmg requirements were not to be effective support center, and emergency utilities, two State Governors State and until OMB approval had been obtained.

operation facility functions.

l I,

The interim rule stated that when OMB local governmental agtncies, FEMA and l

1mmed;ately after the Commission private citizens.

had approved the nportmg and recordkeeping requirements. FSIS would approved publiention of the poposed Those commenters (14) opposing rule, the Director of FEMA wrote to NRC relaxing the frequency of State and local publish a notice of the effective date of these requirements.

Chairman Palladino, urging the governmental participe. tion in This notice announces that OMB has Commission to "* *

• adopt biennial.

emergenty preparedness exercises were approved the reporting and exerr.isa frequency language * * *"in to an information service, environmental CFR Part 50, Appendix E to assure groups, a State Governor, State and recordkeeping requirements se,t forth in

{

l 300.16(d)(2}[i] and (3) of the interim consistency in the regulations.

local governmental agencies EPA and

,e final regulation. 44 CFR 350, private citizens.

hereby effecti e.

published in the Federal Register on The comments raised several September 28,1983 (48 FR 44332),

significant issues, to which the Done at Washmgton. DC, on June 29.1984.

reduced State and local participation in Commission responds as follows:

Donald L llouston, E

emergency preparedness exercises to a Administmtor. FoodSafety cnd inspectwn frequency of once every 2 years.The I##"' # A

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Service.

FEMA finst rule is not consistent with Should the Commission adopt a i

in poca4-irewir.i.d w ee.aes.=1 the position taken by the Commission in biennial exercise frequency for State sos.ocooc u m.os.es the NRC proposed rule (an annual and local government participation with

- - - - frequency with a specific NRC findirg a proviso for remedial exercises for the NUCLEAR REGULATORY necessary for relaxation). This correction of serious deficiencies rather difference was a source of some concern than the exercise frequency contained m COMMISSION to both agencies and to some of the the proposed rule?

10 CFR Part 50 e nunenters on the NRC proposed rule.

Discussion:This issue was addressed The FEMA regulation requires that a by many State and local governmental F

E:nergency Planning and State within the plume exposure comment letters whose concerns are Preparedness pathway EPZ fully participate in an generaly characterized by the followma exercise every 2 years with no quote from the FEMA comment letter-AGENCY:N<tclear Regulatory requirement on the return frequency at a The NRC proposal will be difficult to

}

Commission.

specific site, Typically, therefore, a State admmister. For example. objective critens ACTION: Final rule.

with two sites might be expected to fully will need to be developed for use in l

participate in an exercise at a specific determinmg whether State and local

SUMMARY

• .The CCmmission is amendmg site at least everv 4 years. O State with governments have perfonnad in a sottsfM.q its reFalations to relax the frequency of three sites, every 6 years; four sites, enough manner to warrant an exemption participa tion by State and local every 8 years; five sites. every 10 years, imm the succeedmg year's ewercise. It m : '

governmental authorities m emergency etc. Whereas. the enclosed NRC rule difficult t appiy such cntena to the preparedness exercises at nuclear change stipulates that a State within the $'ha'[pr0 sal wou d cre t[ comp $ '

power reactor sites. This relaxation plume exposure pathway EPZ iully reflects expenence c'med in obserym.g situaticris such as what to do if scme participate in an exercise every 2 years junsdicuons perform in an unsatisfacton and evalua tmg os 150 emergency with a return frequency of at least once manner and the others m a satisfactory preparedness exercises since 1980.

every 7 years at a specific site. Both manner. Would all jurisdictions have to EFFECTIVE DATE:Aagust 6.1984.

rules require a multi. site State, when not exercise the next year or only the FOR FURTHER INFORM ATION CONTACT:

fully participating in an exercise at a saus ac o o es o th Michael T. Jamgcchiar.. Accident Source specific site, to partially participate workable cond.twn Term Program Office. Office of Nuclear every 2 years at that specific site in woisld result wherem some junsdictions would be on annual and athers on biennial Regulatory Research. U.S. Nuclear order to support the participation of the frequency. tnequiues would result. Further.

Regulatory Commission. Washington, appropriate local governments.

the time involved for evaluating exercise DC 20355. telephone (301) 44F761E The Commission has selected a return results. including gettmg commitments from i

i SUPPLEMENTARY INFORMATION:On July frequency of 7 years because presently State and local govemments to take 21.1983. the Commission published in no State has more than 7 oparntmg and/

c trecuve act ons, has proved time the Federal Register a proposed rule or planned reactors and States with that

• j" j ",'jd af[

time for the relating to emergency p epartdness number of sites or less would.not be g

exercises (48 FR 33307). The proposed required to exercise in a full recommendation. a good portion of a year I

could be consumed.This would cause rule retained the ptesently reqtJred participation mode more often than untenamty and mstability in State and total annual, full-participation exercise with a about once a year.

governmeras, which should be avoided.

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2 7/34 Federal Register / Vol. 49. No.131 / Frid~ay lulV6.1984' / R'ules and Regulations L

CommissionResponse The government participation in the preparedness exercises. FEMA has Commission recognizes the bcensee's annual exercise. A State or developed and now uses a document nplementation difficulties with the local government may consider its titled " Procedural Policy on Radiological oposed NRC approach (annuc]

response capability to be less than Emergancy Preparedness Plan Reviews, s equency with at findmg to rela x). This optimal because of an u.nusually large Exarcise Observations and Evaluations was pointed out by the NRC emergency personnst tumover or because there and Interim Findings."' These preparedness regional inspectors. a have been limited Msponses to real procedures were forwarded to the j

majonty of the comment letters, the emergencies in the community. The final FEMA regions fer use on August 5.1983.

1 general thrust in two petitions for rule requires the licentee to provide for Having considered all comments rulemaking.'and the ACRS.

State or local government participation Issue No. 2 if they indicate such a desire.

received. expertence gained since 1980.

input from emergency preparedness Willless frequent exercises result in regional inspectors, the general thrust of making personnel and equipreent less Will the deletion of NURECLO654' as two petitions for rulemaking. and ACRS 1

effective or reliebte und therefore a footnote adversely affect the interface concluded that the requirements for j

comments, the Commission has i

reduce the level of safety?

between offsite emergency plans and frequency of participation by State and Discussion: A few commenters, the licensee's emergency plans?

. local governmental authorities in primarily citirens and governmental Discussion The proposed rMe organizations. addressed this issur by included a provision to delete references emergency preparedness exercises, i

pointing out that State and local to NUREG-0634 throughout the around nuclear power reactors should t

frequentlyrespond to various natural regulations. NUREG-0654 provides be relaxed. The Commission therefore is emergency response organizations must promulgating a final rule which:

specific criteria for the evaluation of the and man-made emergencies. This standards in i 50.47 and is titled, L Continues to require licensees to continuum of reallife emergencies

" Criteria for Preparation and Evaluation conduct an annual onsite emergency exercises personnel, equipment.

of Radiological Emergency Response preparedness exercise.

communication networks and Plans and Preparedness in Support of

2. Requires that State and local organintbnal structures or, a frequent Nuclear Plants." A few commenters, governments participate in eme:gency ba sis.

pnmarily a utility and a state preparedness exercises every 2 years The following quote from a comment letter summan:es this concerm governmental official, felt that the with a provision for remedia: exercises deletion of the NUREG-0654 footnote in to assure that deficiencies are corrected.

While an emerFency situation at a nuclear the regulations would preclude its use 3 Provides that at least once every 7 power plant may call for some procedures by reviewers m determining the years, all States within the plume St are different from those used under other adequacy of emergency preparedness.

exposure pathway EPZ of a F ven site i

igency situations. many of the response Commission Response:The delegation must fully participate in an offsite evacuation measuree will be similar. if a identical. A mynad of maior and mmor of a reference to NUREG-0654 will not exercise for that sits.

emergencies demand the maintenance of a affect its use as a guidance document for

4. Requires licensees to provide an

)

force of personnel tramed m these emergency planmng. In the 1980 o#ortunity for State and local procedures. By respondmg to other rulemaking, the Commission included government participation in the ercergency situations such as chemical spills, this reference as a mesns of formally licensees annual emergency the emergency response personnel will be approving the use of NUREG-0654. See preparedness exercise, and rehearsmg many of the proced;1res they 45 FR 55402,55408 ( August 19,1980).

5. Requires FEMA to determine the wouW use m the event of an emerFency sauation at a nuclear power plant Some SUREG-0654 is endorsed by Regulatory need for and extent of remedial eumpics of these procedures would include Guide 1.101.8 and will contmue to be exercises.

nonfication of approvnate local authonttes, used by reviewers in evaluatmg the The final rule is not totally consistent estabhshing communication imks between adequacy of emergency preparedness at E

local. regional and state emergency response nuclear power reactor sites.

350). This inconsistency lies in the area personnel, and evacuatmg or fmdmg shelter Issue No. 4 of r' turn frequency for multiple-site for the affected populauon.

states as previously discussed. The Commisnon Response: Because Do adequate procedures exist for NRC posmon on retum inquency b a emergency response persor.nel at the and FEMA to evaluate whether majot

/signif: cant departure from the NRC,s State and local govemment level elements are performed sat:sfactorily f proposed regulation Ola FR 3330M dated.

dunna an exercise?

Juk n 1RO.The Commission beheves contmuously respond to actual Discussion: Many commenters, tnat more study is needed before emergencies. the Commission does not pnmanly State andlocal governmental alenon of the return frequency consider that reianng the frequency of authorities as well as utihties, pointed nwremerit can be justified.

State and local government participation in emergency preparedness exercises out that there is a need for uniform The Commission is adopting a would advnsely affect the health und evaluation of exercise performance, biennial exercise frequency for State safety of the pubhc.

Commission Response: The and i cal g vernment participation with A provision bn been added in the Commission concurs with the a provas f r remedial exercises to fmal rule to T.ernut Stat? or local commenters. In order to provide for assure the correction of serious uniform evaluation of emercency dehe:encies. These charmes to the

'On March it.1982. the Commemon meed n emergency preparedness regulations are

• Cees of these documents are available at th, being mdde because:

pention for rulemAmg (PRM-50 331 from Mtwnal Commisweria Pubbc Documeni Room. rir H Emergenev Managen.r.t Assu.sation. On August 3a Street. Nw.. %shmeton. D.C. 20555. C. spies of

a. E.xpenence in observing and 19

..81 tne Commission recemd a peubon for these documer te may be purchased imm the evaluating over 150 exercises has shown

. maims trRwm 341 from tee Ad utant cenernt Cesernmeni ennnns orrice. Informanon on curren, that a disproportionate amount of i

State of South Carchna. *ihe sencral thrust of ebhons urged the re!arahon of the frequency pnces may be ottamed by wnnrg the U S Mciear Repd an Conwmon. M phmron. D C. cnMS,

• rgency prepr'd. ness esercises Anent on N%cahoas Saie, Maneses.

' Gu.c.nce for determinms the need for. and estent of. recrecial eaer ises as bemg developed.

1

Federal Register / Vol. 49. No.131 / Friday. July 6,1984 / Rules and Regulations i

M 35 a

Federal. State and local government and Finding of No Significant Environmental T. Jamgochian. Office of Nuclear licensee resources are bemg expended Impact in order to conduct and evaluate annual Regulatory Research. U.S. Nuclear emergency preparedness exercises. As a The Commission has determined Regulatory Cornmission. Washington, result of the substantial expenditure of under the N ational Environn ental Policy DC 20'55. Telephone (301) 443-7615.

resources for these exercises, fewer Act of 1969, as amended, and the resources are available to establish and Commission's regulations in Subpart A Regulatory Flexibility Certification maintain the essentis day to-day of10 CFR Part St. that this rule is not a In accordance with the Regulatory major Federal action significantly Flexibility Act of 1980. 5 U.S.C. 605(b).

upgraded state of emergency affecting the quality of the human the Commission hereby certifies that preparedness.

environment and therefore an this final rule will not, if promulga ted,

b. State and local govemments environmentalimpact statement is not have a significant economic impact on a I

respond to a variety of actual required. See 10 CFR 51.20(a)(1).

substantial number of sms!! entities. The emergencies on a continum.a basta, thus Moreover, the Commission has fmal rule clarifies certair' M frequently exercising their emergumy determined. punuant to 10 CFR 51.3, findings necessary for the.a/ments and suance of an preparedness capabilities, that the final rule has no significant operatinglicense for a nuclear power l

c. The flexibility provided for in a plant licensed pursuant to sections 103 r

a p t i

biennial frequency will be an incentive

]me nde because and 104b of the Atomic Energy Act of j

for State and local governments t the Commission cannu. identify any 1954 as amended. 42 U.S.C. 2133. 2134b.

perform in a satisfactory manner in mpact on the human environment The electric utility companies which order to avoid conducting remedial associated with reducing the frequency wn and operate nuclear power plants exercises.

of full participation of State and local are dominant in their service areas and l

And lastly, the Commission notes that governments in emergency preparedness do not fall within the definition of a IT.MA has had almos t 3 3 ears of exercises frorn annually to bienmally.

small business found in Section 3 of the

?

expenence with evaluatmg State and The alternative approaches that were Small Dusiness Act,15 U.S.C. 632 or local government radiological considered in this rulemaking within the Smell Business Size emergency planning and preparedness-proceedmgs were:

Standards set forth m 13 CFR Part 121.

With few exceptions, this experience

1. To retain the annual full Accordingly. ther-is no si nificant F

has revealed a significant increase in participation exercise with a provision economicimpact on a substantial the level of State and local goverriment to enable relaxation to every 2 years.

number of small entities under the radiological preparedness as

2. To incorporate by reference into the Regulatory Flexibility Act of 1960.

demonstrated in joint exercises FEMA NRC's regulations the FEMA has evaluated proximately 130 regulations Foverning the frequency of List of Subjects in 10 CFR Part 50 exeicises. In only five instances did full participation of State and local Antitrust. Classified :nformation. nre FEMA determine that State an.! local governments in emergency preparedness Prevention. Incorporation by reference.

exercises.

governments did not demonstrate Intergovernmental relations. Nuclear adequate preparedness. The

3. To relax the frequency of full power plants and reactors. Penairy, Commission beheves that this er unced participation of State and local Radiation protection. Reactor siting level of preparedness should be governments in emergency preparedness criteria. Reporting and recordkcepmg recogmzed by allowing State and local exercises from annually to biennially.

requirements.

There were no environnientalimpacts governments to exercise jok.tly with identified from any of the altematives Pursuant to the Atomic Energy Act of utihties on a binennial frequency.

considered.

1954 as amended, the Energy On March 17,1982, the Comrnission Because FEMA is directly involved in Reorganization Act of 1974, as amended.

received a petition for rulemaking the evaluation of offsite emergency and section 552 and 553 of Title 5 of the IPRM-50 33) from National Emergency preparedness exercises and is affected United States Code notice is hereby Mar.agement Association. On August 30, by the promulgation of these given that the following amendment to 4

1982, the Commission receised a petition amcndments, the NRC consulted Title 10. Chapter 1. Code of Federal for rulemakin. PRM-50-34) from the extensively with FEMA dunng the Regulations. Part 50 is published as a AdNtant Genkral of the State of South-development of this rule.

document subject to codification.

Carolma. The petition from the Nattanal Emergency Management Association Paperwork Reduction Act Statement D

O T

requested the NRC to relax the The fusal rule contains no mformation FACILITIES frequency of full participation by State c

n requirements and therefore is and local got ernraents in emergency n t subject to the requirements of the

1. The authority citation for Part 50 preparedness exercises from annually to l'aperwork Reduction Act of 1980 (44 contmues to read as follows:

bienmally, The petulon from South 3 1 et 8 Auth rity: Sees 103 to4. tet.18: 183.188.

Carolina requesad that the NRC reouce Regulatory Anclysis 18 8 8

the frequency with which local i

N $ *Es a$b dhi s

de e governments must participate in a full The Commission has prepared a (42 U.S C. :133.2134. n et. n3:. n33.:236.

scale emergency preparedness exercise.

regulatory analysis of this regulation.

r39. 2E:h seca. 201. 202,20e. as Stat.1242.

The promulgation of this final rule The analysis exarnines the costs and 1244.1248. as amended (42 U.S.C. sa41. 584:.

relases the frequency of full benefits of the rule as considered by the sa48). unless otherwise noted.

participation by Stue end local Commission. A copy of the regulatory Sec. m also issued under Pub. L 95-601.

analysis is available for inspection and sce.1a 9: Stat 29s1 (42 S 5e54 Sm governments in er ergency preparedness copymg. for a fee. at the NRC Public exerc:ses from annually to biennially.

Document Room.1717 H Street NW..

E9 l'2O 3 n

u 9

This rule compime MC action by Washingten. DC. Smgle copies of the U.S C. :133. =391. Sec. 50.78 also issued grantag both petuions for rulemaking.

analysis may be obtemed from Michael Seca. 50.ao-50.81 also issued under sec.184 under sec.1=. es Stat. 939 (42 U.S C. 2152).

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2773'8 Federal Register / Vol. 40. No.131 / Friday July 6.1984 / Rules and Regulations I

88 Stat. 954. as amended (42 U.S.C 234). ernergency plans as is reasonably achievable s

Secs. 50.10wA102 also issued under sec.186.

correction. Any weaknesses or deficiencies e4 Stat. 935 (42 U.SE 22381 withet mandatory pubhc participation shall tha!! are identified shall be corrected.

For the purposes of sec. 223. 68 Stat. asa, as be conducted for each s.te at which a power reactor is located fot which the first operating

4. In Appendix E. footnotes 1 and 4 amended (42 U.S C. 22?3). ll 501013). (b).

hcense for that site is issued after July 13.

i.

aad (c). 50.44. 50 48,50.4a and somo(s) are 1981 This exercise shall be conducted within are removed, footnotes 2 and 3 are

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ica-?d under sec.161b. 68 Stat. 946. as 1 year before the issuance of the first renumbered as footnotes 1 and 2: and amended (42 U.S C. 220t(b: ll 5010(b) and (c) and 5054 are issued under sec.1811. 68 operstmg bcense for full power and prior to new fco' notes 3,4. and 5 are added to Stat. 949. as amended (42115 C. 2001(ijk and operation above 5% of rated power of the first tead as follows: reactor, and shall mclude participation by 8 Use of site specific simulators or il 50.55le). 50.59(b). 50.70, m71. 50.?2. 50.73, each State and local g%ernment within the and 50.78 are issued under o c. 1810. 68 Stat. plume exposure pathway EPZ and each State computers is acceptable for any exercise. 950, as amenced (42 U.S C. L:01(o)). withm the angestion exposure pathway EPZ.

• 'Tull participation, when used in i 50.47 fAmended)

2. Ia h hcensee at each site shall annuaurconjunction with emergency preparedness exercise its emergency plan.

exercises for a particular site means

2. In 150.47, Footnote 1 is rernoved.

3. Each hcensee at each site shall exerciseappropnete offsite local and State author 1hes

3. In Appendix E. section IV.F is wie effsite auth nues such tnat the State and bcensee persormel physically and revised to read as follows:

and I cal government emergency plans for actively take part m testing their integrated each operaung reactor site are exercised capabdity to adequately access and respond Appendix E-Emergency Planning and bienmauy. with full or partial participation *. to en accident at a comrnercial nuclear power Preparedness for Productiertand by States and local governments, within the plant. " Full participation" includes testmg the UtH!zation Faculties plume exposure pa thway EPZ. State and maior observable portions of the onsite and local governments that have fully offsite emergency plans and mobilization of participated m a joint exercise amce October State. local and hcensee personnel and othee

1. 982. are eUgible to fuUy parucipate irl resources in sufficient mumbers to venfy the Ih emergency preparedness exercises on a capsodity to respond to the accident em to provide for (1) the trammg

• [g$8 scenario.

ro

• Tartial participation" when used in. '

8 8 G of employees and exercismg. by peacdic

• 88 "8-drtus, of radiation emergency plans to ensure la) A State shan at kast parMy conjunction with emergency preparedness that employees of the hcensee are famihar Participate in each offsite exercise at each exercises for a particular site means with their specific ernergency response appropnete offsite authonnes shall actively duties. and (2) the participauon in the 1b1 A,$Yf['

State shaU fully participate in at least 7 t*sming and dnus by other persons whose cfA direcuon and control funcuons:1.e,(a) asustance may be needed m the event of a eso e ever ? y a all States E' D " """ " ' " *

• radiation emergency shall be desenbed. This wahm the plume exposure oathway EPZ for a * * * "#I "

shallinclude a desenption of specialized gis en site must fuUy participate in an offstte c mmunicati n capabilities among affected imtal trainma and penod:c retraining exercise for that site.This exercise must also State and local au:honties and the bcensee. nrograms to be provided to each of the mso ve full participation by local ollowing categones of emergency personnel: Fm eanments withm the plume exposure Deted at Washmgton. D.C. this 09th day of t rs of the pa thw ay EPZ. June 1984. pL e n org n at - gnvernment dunng an offsite exercise for a For the Nuclear Regulatory Commission. id) Partal participation by a local

b. Personnel responsible for accident assessment. mcluding concot room shift a te is acceptable only when the local bamuel L M pmannet gm ernment is fully parncrpatityt m a bienmal retary o'the Commusion.

c. Rvboiosncal monitonng teama:

exercise at another site. i

d. Fire control teams (fire bngadesh le) Each State witnm any mgestion p w imrwa.4esesmi

] e Repair and damage control teams. exposure pathway EPZ shau exercise its sween coor nm

f. First aid and rescue teams:

pians and preparedness related au ingestion g Medical support personnel: exposure pathway measures at least once

h. Licensee s headquarters support rs erv 5 yean.

10 CFR Part 50 Ifilacensees shall enable any State er loca'i personne. s Secunty personnel. government located withtn the plume Reduction of Risk From Anticipated in addition. a radiological onenta twn exposure pathway EPZ to participated m Transients Without Scram (ATWS) 1 ~ trammg program shan be made as ailable to annual exercises when requssted by such Events for Light-Water-Cooled Nuclear local serute. personnel. e g, k> cal emergency State or local government. Powerplants sm ices / Civil De fense. local lu a 4 Eer eial eserases wiu be required il enforcement personne!. local n?ws media the errervency pian is net satisfactonly O*DU tesud dunng the bienmal exercise, such that persons The plan shall dencnbe pruinons for the NRC in consultation with FDtA. cannu fed lit FR Doc. 64-16839 beginning on page conduct of ene gency preparedness exerenes reannable assurance that acquate 2 tic 36 in the issue of Tuesday lune 26. are lo3cws-Exercises shah test the adequacyprotectwe measures can be taken m the event IM4. make the following corrections: of ummg and content of implemenung to a reddegical amersenev. The extent of L On page 26045, second column. procedun a and methods. test emersency State and local participation in remedial eqtupment and commumcations networks. emerc:ses must De sufficient to show that ter.th 1me " outrage" should have read test the pubhc notdicanon system. and appropriate corrective measures have been " wtege" (nsure that emergency organizanon taaen reFardmg the eiements of the pian not .Cu.On Eage 20M2,in the teble reading 2. personnel are fannhar with their dunes 8 properi) tested m the previous exercises. idance Regardmg System and L A fuH participation

• exercise w htch 5 All tra.nmg. melucang exercises shall E.quipment Specifications", the first seats as much of the hcensee. Staie and local provide for formal entiques m order to column was only partially prtnted. and ioentify weak or deficient areas that need the teble should have read as follows:

9 l

'r Federal Register / Vol. 49. No.131 / Friday July 8,1984 / Rules and Regulations 27737 i j GUIDANCE REGARDING SYSTEM AND EOUIPMENT SPECIFICATIONS t Mitigating Systems Systen (Recirculation Pump Diverse Reactor Trip and Automatic SLCS Trip System actuation for BWRs: Guidance Auxiliary Feedwater Actuation and Turbine Trip for PWRs)* - Safety Related Not required, but the Not required, btit'the - (IEEE-279) implementation must be implementation must be such that the existing such that the existing protection system protection system continues to meet all continues to meet all applicable safety applicable safety rels '.ed cri ceria. related criteria. 1 I Redundancy Not required. Not required. i

• Existing recirculation pump trip equipment installed in BWRs in accordance with previous staff requirements for the mitigation of anticipated transients without scram need not be modified.

sa.umo cooe isa6-ei.m CEPARTMENT OF ENERGY SUPPLEMENTARY INFORM ATIOM:, L Discussion

11. Procedural Requirements ll. Vrocedurat Fequiremente A. AdministrativeProcedures Act

1. Discussion These regulations are exempt from 5 Section 5.3(b) of Executive Order U.S.C. 553 because they involve a National Security information l

12356. " National Security Information/ " military or foreign affairs function of requires that agencies that onginate or the United States" and a " matter l AcENCY: Department of Energy. handle classified inictmation shall relating to agency management." ACTiom Final rule' pr mulgate implementing regulations. Therefore, notice cr hearing is not Any unclassified regulations that r.equired. l $UM M ARY: Executive Order 12356. establish agency information security

h. Section 502 of the DOE Orgametwa

" National Security Information." April 2. p licy shall be published in the Federal Act 1982. prescribes a unifo*m system for Register to the extent that these c assi >in d assi ying an regulations affect members of the public. If the Secretary determines under Accordmg to 32 CFR 2001.60. those section 501(c) of the Department of nfor at n In a rdance ith section portions of implementmg regulations Energy Organization Act (42 U.S C; rt o. 5.3{bl of that Executive Order. thn rule that affect members of the public shall that no su; ta a ssu fact or.- contams those regulations that establish include. at a minimum. information , d Department of Energy information relating to the agency's mandatory secanty policy to the extent that they declassification review program and e d b NM%'s affect members of the pub! c. mstructions for submitting suggestiore economy or large numbers of individuals EFFECTIVE DATE: July 6' 1964-plamts reFardmg be agency a or small busmesses, the regulations are information security program. exempt from the requirements of FOR FURTMER INFORMATION CONTACT: These regulations were submitted to subsections (b). (c). and (d) of eection Robert T. Duff. DWetor. Office of the Information Security Oversight 501 of that Act with respect to the Classification (bP-32), U.S. Office for review in accordance with promulgation of regulations. Where the Secretary determines that no substantial Department of Energy. Washmgton. secuan 5.2(b)(3) of Executne Order DC 20545. (301) 353-3521 12356. These regulations also revoke issue or impact exists, regulations may be promulgated in accordance with 1.cen Silverstrom. Asststant Generel Subpart B of 10 CFR Chapter X. Part sect:on 553 of Title 5 of the Uruted Counsel for international 1045. which is now invalid m that it was States Code. Des elopment and Defense Programs issued to fulftll the requirements of The Secretary has determined that IGC-32). U.S. Department of Energy. Executive Order 12065 revoked on this rule does not raise substantial Wa shmgton. DC 20585. (202) :52-69:5. August 1.1982. issues oflaw or fact and will not have a J l L}}