ML20245H911
| ML20245H911 | |
| Person / Time | |
|---|---|
| Issue date: | 11/25/1988 |
| From: | Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20245D214 | List: |
| References | |
| FRN-54FR7178, RULE-PR-50 AC83-2-10, NUDOCS 8905030576 | |
| Download: ML20245H911 (5) | |
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UNITED STATES
! q DOCKET g NUCLEAR REGULATORY COMMISSION UUT0ayn,3.Uf
- j WASHINGTON, O. C. 20555
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November 25, 1988 gg FEB 9 p; g i
MEMORANDUM FOR: Victor Stello, Jr.
Executive Director for Operations FROM: . Edward L. Jordan, Director Office fer Analysis and Evaluation of Operational Data
SUBJECT:
PUBLICATION OF FINAL RULE REGARDING LICENSEE ACTION DURING NATIONAL SECURITY EMERGENCY Comments have been received on the proposed rule published on July 18, ;
1988, regarding Licensee Action During National Security Emergency. These comments have been addressed in the enclosed final rule. This is to request that you sign the Federal Register Notice and forward it to the Division of Rules and Records (ARM) for transmittal to the Federal Register.
WO Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data
Enclosure:
As stated 8905030576 890417 54 7178 PDR
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Approved For Publication In a final rule published fiarch 19, 1982 (47 FR 11816), the Commission delegated to the ED0 (10 CFR 1.40 (c) and (d)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC tianual Chapter 0103, Organization and Functions, Office of 4 the Executive Director for Operations, paragraphc 0213, 038, 039, and 0310. j The enclosed final rule entitled " Licensee Action During National Security 1 Emergency" amends 10 CFR Part 50 to allow a licensee to take action that I departs from approved technical specifications in a national security i emergency. This final rule will pr0 Vide the same fler.ibility to licensees for
_ the purpose of attaining national security objectives as the Commission previously granted to nuclear power reactor licenstes (10 CFR 50.54(x)) to protect the public bralth and safety.
Thic final rule does not constitute a significant question of policy, nor dces it amend regulations contained in 10 CFR Fart 0, 2, 7, 8, 9 Subpart C or 110.
I therefore find that this rule il Dithin the scope of my rulemaking aethority and am proceeding to issue it. j O b fP $
Erate/ ' Victbr Stello, e.
Executive Director
-for Operations i
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[' . .. _ - _ _ _ _ _ _ - _ - - - - _ _ _
Federal Regist'et / Vol! 54. Na. '82 / Frid:y, Februny 17, 1989 / Rules and rag 4ts'tidas' =_e k
2U8 effect on the economy of less than $100 (10) Artificial extension of the toe be included when measuring the height length, whether accomptsIhad with million; will not cause a msjor increase of thi horse's heel. Because " normal" in costs or prices for consumers, pads, acrylics or any other matertai or caulks act as cleats and sink into the individual industries, federal, state, or combinations thereof, that exceeds 50 ground, there is no need to consider percent of the naturalhooflength, as I thtm when measuring heel height. local government agencies, or measured from the coronet banC, at the However, according to the commenter, geographic regions; and will not cause a center of the front pastem along the some horses are wearing caulks that are significant advereo effect on front of the hoof wath to the distal {
cf excessive surface area, and that com tition, employment, investment, i uctivity. innovation, or on the portion of the hoof wall at the tip of the consequently cannot sink into the p ability of United States-based toe. ne artificial extension shall be ground.ne commenter recommended measured fron the dhtalportion of the that, to prohibit such prac: ices, a enterprises to compete with foreign- 1 baud enterprises in dome'stic or export hoof wallat the tip of the toe at s oc specific mrximum surface sir.e for degree angle to the proximaMfoot/ hoof) martets,
" normal" caulis be established We sudace of the shoe.
carce that the problem as allegedis ne changes to the regulations made (11)Too length that doet not exceed -
wor %y el further review.However, we by this rule will allect all horses equally, the height of the heel by 1 inch or more.
and will cllow continued equitable bellsve that more evidence is needed The length of the toe shall be measured regarding eny such abuse of caulks- competition among show horses. from the coronet band, at the ceath of and regarding approprbte ways of Under these circumstances, the the front pastern along the front of the deel'ng with such racticebefore a Administratorof the AnimalandPlant hool wall to the ground.ne bee! shall chi c in the re ations is wansnted be measured from the coronet band. et We erefore review allinformatin HealthInskectPm Service hasdetsrmine thct this action will not ha evallable te as regarding such practices, a significant economic impact on a pastern, at a 90 degro angle to the and will take whatever action is substanual number of smal! enuties. sound, not including normal caulks at eppropdate based on the evidence Paperwork Reduct'on Act the rear of a horseshoe that do not raceived. exceed % inch in length. That portion of his in'erim rule contains no ca Miscellaneous infonnatka collection or accedke(ping e as of fanin b addedto A number of commenters addressed e height c e heelin determining the Reducti et 900 44 >501ef t s. the
- 87 4 ,
discussed were two that dso received List of Subjectsin 9 CFR Part11 Done in Washington. DC this 14th day of considerable commtcuellowing publication of the April 28 Interim nde.-- Feb'"*8Y N Animalwelfare Horses. Humane f *" W Clo***.
1.0., suggested improvements to the DQP animal handling, Soring of horses. [
inspetion regram and the practice of AnhnaMhnWed misking a orse's nain kring Accordingly, we are adopting as a final rule the interim ruice amending 9 fM ###s * . ;
inspection. We wilI carefully review the in Doc.eNaosad t-wer.&ts en}
CFR Part 11 as pub!hhed at $3 FR anma enos se information we received and take 14773147h2 on Apr!! 26,1966; 53 FR whatever action we determine is 15640-15841 on May 2.1968: 53 FR ~ 7, appropriate. 28306-28373 on July 28.1988; and 53 FR In our October 24 interim rule, we NUCLEAR REGULATORY removed language that would have 41501-41582 on October 24,1988; with the following changes: COMMISSION terminated after October 31,19*S- _
s pt: visions that prohibit heel build-up in 1r.CFR Part 50 "
excess of t inch on yearling horses. PART 11-HORSE PROTECTION .
Until publication of that intedm rule. REGUt.ATIONS l*,ensae Act3on During National t.
i 11.2(b)(8) of the regulations, using a 1.no authority citation for Part 11 g,,curity Emergency criterion that is standard to the horse continues to read as follows: AoENcy: Nuclear Regulatory industry, referred to yearling horses as Authodty:15 U.S.C.1823. ta24. tats. and Commission.
those "up to 2 years old." However,in the October 24 interhn rule, the language taze; 44 U.S.c 350s. # " -
'f) 8pedcaHy referrbg to parbs horses 2. Section 11.2 is amended by M hd mm & Nuchar bgulatory l I
te fo t i e rule' ndes@nWaragra#(b)(19)
[b)(18) as (b (12) through Commission is amending its regulations '
b clardybg th' re8pectivel by removing paragraphs to allow a licensee to take action that
" W "#8 ",8 parbg horses b (b)(8) and ( )(10); and by adding new departs from approved technical instati langu that specifications in a national security T[Y lg gk'Nby arlingh rses a those i
paragr aphs (b)(8). (b)(10) and (b)(11) to j emergency. ne amendment is
..,- read as follows: necessary to specify in the regulations ' l
'T ' ,~ I'O # 'id. that for a national security emefgency a i* 11.2 Proms c% edMtoA 4
Sem W 12291 and Regulatory * * *
- licensee is permitted to take a needed l i
QQih /6 (b)*** action although it may deviate from l I me W q this finalrulein (8) Pads or other devices on yearling technical specifications.nis l l
horses (horses up to 2 years old) that amendment will a!!aw the licensee to o' g.u(/wso r b Regulation m3 & vtmental Executive Order elevate et change the angle of such implement national security objectives
- d nave determined that it is as designated by the national comrnand ,
1 not' Nm'a}or rule." Based on heel, information horm' hooves in excess of t inch at the authority through the NRC.
l compiled by the Department, we have * * * *
- EFFt.CTIVE DATE: March 20.1989.
l determined that this rule will have an l i l
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', Fediral Regialer 7 Vol.44.'Nc.'32 / Friday. February 1% 1980 / Rtries cnd llegul:tions 7170 e _
- l roR FURTHER MORMATnON CONTACT: We final rule does not duplkats reportk4 requ'rements of the smended l Joan Aron. Office for Analyslo and existing requirements. Section 2.204 l 50.54(d 4).
Eval;a tion of Opera tional Data. U.S. deals wita the Conunisaicds ability to At prescrit. there is nu reporting Nuclear Regulatory Comm!ssion, issue an order for modificaUon of a requirement include in i 50.54(dd) and Washington DC 20555.Telephene{301) licensee and i 50.103 deala with the r;one is contemplated for the immediate 492-0001. Commitsion's ab!!ity to suspend a futura. hun thereis no need to revise SUPPt EMENTARY INFORM Aff0N:
hcme. Ncapture s%al dear . M $0.73(aX2Xch material or order the operation of a Background facility during a state of war or national gg d We WWW emergi.ncy. Paragraph (x) of f 50.54
(
On April 1.1983, the Commission grants authority to nuclear power plant published in the Federal Englater (48 FR ane NRC has deiermined that this licensees to take reasonable actiou that final regulation is (he type of action 13906), a final rule that act out $ 50.54 of departs from a license condition or a described in categorical exclualon io 10 CFR entnled "Co altions of technical specification in an t nergency CFR 51.22(c)12).%erefore, neltber an Licenses," that containc a provision when such action is nucosary to protect environmental impact statement nor an permitting a license to take reasonable public health and refety and no actitM action that departs from a license environn:acf al assessment hadeon consistent with Iticense cond]tions.nnd prepared for this proposed regulat'an.
condition or a technical specification technical specifications that can provide 1 (contained in a kense issued under this adequate or equivalent protection $s Paperwork Reduction Act Statement 1 part)in an emergency when this action Imrtediately e pparent %e amended is immediately needed to protect the This final rtue does not contstn a new rule provides the same flexibility to or amended information ceidection public health and safety and no action ]jcem,ees but for the purpose of attaining requirement subject to %e Paperwork consistent with licente conditions and national security objectives during a Reduction Act of 1900 (44 U.S.C. 8501 et technical specifications thzt can provide declared national neurity emergency. seq 4 Existing requirements were edequate or equivalent protection is (3) Implementation. One commenter approved by the Office of Management immediately apperent flowever, this questioned the lack c? discussion end Budget epproval number 315M011.
provision does not apply to a national relative to hnplementation requirements security emergency.%e final rule in this and sug3ested a delay in issuing the Regulatoy Analyals uotice allows a Ucensee to take action final rule until proper implementation
[1 %e Commbalon previously has that departs from approved technical guidance can be formulated. granted authority pursuantio 10 CFR sp cifications in a national secarity he final rule peides a baris for trae 50.5([x] to nuclear power reactor r .gency when this s ction id licensee to take action in accordance it unediately needed to implement licensees to take ressorsble action that with governmental directives in a departs from a license condition or a j naticnal security ob)ectives u na tional security emer8ency, wben this technical specification in an emergency f designated by the natienal command action is immediately needed to when the action is immediately authority throug 'he NRC and no action implement national security objectives necessary to protect the public haalth conalstentwith beente conditions and ea designated by the caDonal command and safety and r.o action consisterft with technical specifications Qat can meet authority through the NRC and no action license conditions and technical national security ob}ectives is consistent with license conditions and specifications that can provide adequate immediately apparent.ne rule was technical specifications that can meet er equivalent pro 1ection is immedistaly published for comment onNy 19,1988 national security objectives is apparent. his final rule wil! provide the (53 FR 27174). A thirty-day comment immediately apparent. Guidance same flexibility to IIcensees for the period expired on August it.1988. concerning implementationwill be purpose of attaining national security i Comments were received from hur formu!sted by ahe appropriate federal objectives in accordance with I respondents. agencies and will be issued some timein governmental directives durint a {
the futuie. . declared netional security emergency.
s**"**W of Public Comments l (4) Definition ofo *notionaisecurity 'Ihe final rule doas not significantly A summary of the public comments emergecy." One commenter requested impact state and localgovernments and !
follows: definition of a " national security geographic locations; bealth, safety, and j (1) Flexibility. One commenter, emergericy." the environment; er costa to licensm, I writing on behalf of the nuclear power NRC Manual Chapter 0001, Continuity the NRC, or other Fedral agencies. h I industry, supported the proposed rd Covernment ProgranS epproved June final rule is in the in1 rest of the ;
amendment, stating that it providas 30,1988, defines a national security common defense and security ofice l licensees with de:Lrable regulatory emergency as "any occurrence, United States because it would facilitate a uthority and operational flexibuity to including nuclear attack, a national -operation of nuclear facilities in a accommodate ex2gencies that may be disaster. or other emergency, which national security emergency during
( associated with a declared national emergency.
sedously degrades or seriously threatens the netional security of the which some devtstion from kdi'ity technical specifications n ay be l (2) Needfor the amendment. One United States or has been declaredby appropriate.%is constitutes the ;
i commenter questioned the need for the the Congress? A national security ' ngulatory analysis for this finalrule. 1 L proposed amendment, claiming that ernergency is established by a law l Regulatory FlexibilRy Certification t i 2.204. 50.54(x) and 50.103 offer more enacted by the Congress or by an order than enough euthority to permit a or directive issued by the Prealdent As required by the Regulatory licensee to deviate from technical pursuant to statutes or the Constitution Flex!bility Act of1980,5 U.S.C. 605(b),
spec 15 cations during a national of the United States, the Commission certifies Aat this rule emergency when such action is needed (5) Reporting guirements. One will not hav's a algnffkant ecor>nmic j to implement national seurity commentar suggested that impact upon a sirbetantial number of objectives $ 50.73(a)(2)(c) be revised to include the srnall enttries. ne final rule affects only Jc -
I'B'o Fede'ral lirgist:r / Yol'. 54, No. 32'/ di'd'ay','febIuiry 17.'1989 / N _ .
- 39. , ,
licensin6 and cperation of nuclear moo through to-et also l sued under sec.
power plants. The companies that own 184. 68 Stat. 954, se amended (42 UAC. 2234). FEDERiOdE.NNSYEM ~w- '
these plants do not It!! within the scope Section 50.103 also luued under uc toa, es 12 CFR Part 208 ' " O I' )
of the definition of'"small entities" set Stat. 939 u amended (42 USC. 2138). l forth in the Regulat.ory Flexibility Act or Appendix F also Iseed under sec.167,66 (Reptation H; Docket No. R 0660) I the SmaD Buriness. Site Standards set Stat 955 (42 U.S.C. 2237).
out la regulations issued by the Small For the purposes of sec. 223,68 Stat. 958, as Membership of State Banking ,
Business Administration at 13 CFR Part amended (42 USC 2273). I160.4efa) and (b), insututionsin the FederalReserve I 121. Pecause these companies are and 50.54(c) are lined under sec.161b. 6a System;investmentin Stock of dominant in their service areas, this rule Stat. 948, u amended (42 USC 2201(b)); investment Companies does not fall t*ithin purview of the Act. Il 27(al M10(aMc). 50 b.4 (a) nd (e). Aoucy:B ard of Covernors of the m44(aHc). 50.4e(s) and (b),50.47tb). 50.4e(s). ,
(c) (d). and (e),50.49(a),50.54(a)(1). (i)(1), (1). Federal Reserve System. j Back. fit Analysts (n). (p), WtMvh anM e% 255atak Acme herpretadon.
- l We NRC has determined that the (cHe). (g). a nd (b), 50.59(c). 50.00(a), 50.62(c), I beckfit rule, to CFR 50.109. does not 50.04(b), and 50.00(a) and (b) arv lasued under SVh8 MARY:The Board of Covernors has I apply to this rule G.id, therefore, that a sec.1611. 6a Stat. 949, as amended (42 U AC Issued an interpretation of Regulation H. j backfit analysis is not required for this 2201(1)); and I i 5049(d), (b), and ()). Membership of State Banking (
rule, because these amendments do not 50.54(w),(s) (bb).(cc). and (dd). 50.55(e), Institutions in the Federal Reserve I involve any provisions which would 50.59(b). 50.61(b). 50.82(d). 50.70(e), m71(a). System 12 CFR Part 208, authorizing )'
impose backfits as defined in 10 CFR (c) and (i),5012(a). 50fa(s) and (b). m74, state member banks to purchase and 50.100M1). 5038, and 50.90 are issued under sec.101(o), hold for their own accounts stock of 68 Stat. 950, as amended (42 USC 2201(o)). Investment companies that are List of Subjects in to CFR Part 50 authorized to inveet in certain securitiu Antitrust. Classif ed Information. Fire 2. In i 50.54, a new paregaph (dd)is that the banks may purchase directly ;
Protection, incorporation by Reference, aJded to reed as follows: and no others, but that may also enter i Intergovernmental Rela tions, Nuclear into futures, forwards, options, power Sants and reactor, Penalty, repurchase agreements, and securities I 50.54 Constions of scenses. ,
Radiation protection, Reactor siting . . , , , lending contracts relating to asseis the ;
crite/.a. Reporting and recordkeeping banh may purchase directly.This j requirements. ' (dd) A licensee may take reasonable action will expand the investment !
action that departs from a license authority of state member banks, and 4 For the reasons set out in the will provide those institutions an preamble end under the authority of the condition or a technical specification
, Atomic Energy Act of1954, as amended, (contained in a license issued under this 0pportunity to increase the diversity of the Energy Reorganization Act of1974, part) in a national security emergency: their investments. Because this authority ;
as amended, and 5 U.S.C. 553, the NRC "'""* * *** #
(1) When this action is immediatel '
isa ting the following amendment to needed tolinplementnationalsecurth s.$e m rie m tualfunds(M objectives as designated by the national Board has also rescinded 12 CFR l PART 50-DOMESTIC 1.)CEWSING OF $mm 88 ndn.authority En through the 208.123.%at inte retation authorized i state member ba a to invest in stock of i PRODUCTION AND UTi!.12ATION MMMF8-FACluTIES (2) No action consistent will. lleense conditions and technical specifications givective DATE: February 17,1989.
)
- 1. %e suthority citation for Part 50 to that can meet national security FOR FURTHER tNf0 MAT 10N c0NTAC7; revised to read a follows: objectives is immediately apparent. Patrick J. McDivitt. Attorney (202/452- I Authority: Saa 'io; 103.104.105,161.10 A national security emer8ency is 3818). Lesal Division; Robert S. Plotkin, 183, tcc. tao, os Stat. 936. 937,938,948, .153, established by a law enacted by the Assistant Director. Division of Banking 1 954. 955,956, a s amended, sec. 234,83 Stat- Congress or by en order or directive Supervision and Regulation (202/452- l 1224, as amended (42 U.S.C 2132. 2133,294. issued by the President pursuant" 2782); N. Edwin Demoney, Manager. l Divisian of Banking Supervision and
[ [ 206,a's mended.1244,1246,(42 UAC 5841. 5641
- t. etatutes or the Constitution of the United States.The authority under this Regulation (202/452-2434): or for the paragraph ri.ust be exercised 11 hearing impaired only, Sata). Telanmunications Device for the Deaf !
Section 505 also issued under Pub. L 95- scordaDee with law, including sectiot, eat, sec.13,92 Stat. 2951 (42 USC 5851). Sec. 57e of the Act, and is in addition to the Earnesdne M or Dorothea l
- % mpson(202/c264),
2N1'$5 - authority granted under paragraph (x) of J 93[9N ded($ 2 this section, which remains in effect SUM 1MENTAAY INF0WATION:The ]
sec. itc. Pub. L 91-190,83 Stat. 853 (C USC Doard of Governors of the Federal l 4332). Sections 50.13 and 50.54(dd) also issued unless otherwise directed by the under sec.108,68 Stat 939, as amended (42 Commis&n during a national security Reserve System has detennined that i USr. 2138). Sections 50.23,50.35,50.sA and ernergency, state member banks ruay purchase stock l 50.58 also issued under nc.185. 68 Stat. 955 ofinvestment companies when the !
Dated at Rodville. Maryland this 6th day investment companies are authorized.
(42 USC 2235). Sections 50.33a.30.55a and Appendix Q also issued under sec.102, Pub. of February 1989. as stated ln the investment objectives of L 91-190, e3 Stat. a5f (42 USC'p32). For the Nuclear Regulatory Commission. their current prospectuses, to invest in the foDowing securities and no others:
c.204,a st.124 (42 k Victor Ste!)o, Jr.,
n te stes Treasury rnd agency Sections SCL58,50.91 and 50.92 also Wued Executive Din clorofOperatipns.
under Pub. L 97-415,90 Stat. 2073 (42 USC obligations, general obligatons of states l
l [FR Doc.19-3786 Flied 2-1S-8% 8 45 am) aad municipalities, corporate debt 2239). Section 503a also issued under sec. securifiea, and any other securities 122. 6a Sta t. 939 (42 USC 2152). Sections seu.neo coot rsso.ot.e l
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