ML23153A030

PR-034,035,050,73 & 110 - 57FR61785 - Material Approved for Incorporation by Reference; Maintenance and Availability

ML23153A030
Person / Time
Issue date:	12/14/1992
From:	Taylor J NRC/EDO
To:
References
PR-034, PR-035, PR-050, PR-073, PR-110, 57FR61785
Download: ML23153A030 (1)

Text

DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 PR-034, 035, 050, 73 & 110- 57FR61785-MATERIAL APPROVED FOR INCORPORATION BY REFERENCE; MAINTENANCE AND AVAILABILITY PR-034, 035, 050, 73 & 110 57FR61785 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE:

PR-034, 035 1 050 1 73 & 110 OPEN ITEM (Y/N) N RULE NAME:

MATERIAL APPROVED FOR INCORPORATION BY REFERENCE; MAINTENANCE AND AVAILABILITY PROPOSED RULE FED REG CITE:

57FR61785 PROPOSED RULE PUBLICATION DATE:

I I

NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS:

I I

EXTENSION DATE:

I I

FINAL RULE FED. REG. CITE: 57FR61785 FINAL RULE PUBLICATION DATE: 12/29/92 NOTES ON PUBLISHED AS A FINAL RULE (NO PUBLIC COMMENT REQUESTED). FINAL RUL TATUS E SIGNED BY EDO.

FILE LOCATED ON Pl.

F RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-034, 035 1 050 1 73 & 110 RULE TITLE:

MATERIAL APPROVED FOR INCORPORATION BY REFERENCE; MAINTENANCE AND AVAILABILITY

.OPOSED RULE SECY PAPER:

FINAL RULE SECY PAPER:

CONTACTl: MIKE LESAR CONTACT2:

PROPOSED RULE SRM DATE:

FINAL RULE SRM DATE:

I I

I I

DATE PROPOSED RULE SIGNED BY SECRETARY:

DATE FINAL RULE I

I SIGNED BY SECRETARY:

01/05/93 STAFF CONTACTS ON THE RULE MAIL STOP: P-223 MAIL STOP:

PHONE: 492-7758 PHONE:

DOCKET NO. PR-034, 035, 050, 73 & 110 (57FR61785)

In the Matter of MATERIAL APPROVED FOR INCORPORATION BY REFERENCE; MAINTENANCE AND AVAILABILITY DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 12/21/92 12/14/92 FEDERAL REGISTER NOTI CE - FINAL RULE

{:cpy TO Jriginat sent 1 ornce of th& Feodr.. :',; * *.

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 34, 35, 50, 73, and 110 RIN 3150-AD58 Material Approved For Incorporation By Reference; Maintenance and Availability AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission is a~ending its regulations to make a needed clarification to previously published requirements governing the availability of material approved for incorporation by reference.

The amendment clarifies that copies of material which have been incorporated by reference are maintained and available for review at the NRC Library.

EFFECTIVE DATE:

Insert date of publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Michael T. Lesar, Chief, Rules Review Section, Rules Review and Directives Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Commission, DC 20555, Telephone (301) 492-7758.

Washington,

\qY L?--'f ppJr ()-

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory CoIDlllission is revising those portions of 10 CFR Chapter I that reference the availability of materials that have been approved by the Director of the Office of Federal Register for incorporation by reference.

Current references within 10 CFR Chapter I indicate that copies of material which have been incorporated by reference are available for inspection at the Commission's Public Document Room.

This amendment revises the text of 10 CFR Chapter I to indicate the current location where this material is available for inspection., The material which has been approved for incorporation by reference is maintained and available for inspection in the NRC Library, which is located at 7920 Norfolk Avenue, Bethesda, Maryland 20814.

Because this is an amendment dealing with agency practice and procedures, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C.

553(b) (A).

The amendment is effective upon publication in the Federal Register.

Good cause exists to dispense with the usual 30-day delay in the effective date because the amendment is of a minor and administrative nature dealing with the location where referenced documents are available for inspection.

2

Environmental Impact:

categorical Exclusion The NRC has determined that this final rule is the type of' action described in categorical exclusion 10 CFR 51.22(c) (2).

Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Extsting requirements were approved by the Office of Management and Budget, approval numbers 3150-0007, -0010, 0002, and -0036.

List of Subjects 10 CFR Part 34 - criminal penalty, Packaging and containers, Radiation protection, Radiography, Reporting and recordkeeping requirements, Scientific equipment, Security measures.

10 CFR Part 35 -

Byproduct material, Criminal penalty, Drugs, Health facilities, Health professions, Incorporation by reference, Medical devices, Nuclear Materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements.

3

10 CFR Part 50 - Antitrust, Classified information, Criminal penalty, Fi~e protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 73 -

Criminal penalty, Hazardous materials -

transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 110 - Administrative practice and procedure, Classified information, Criminal penalty, Export, Import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientifc equipment.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended and 5 u.s.c. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 34, 35, 50, 73, and 110.

4

PART 34 -

LICENSES FOR RADIOGRAPHY AND RADIATION S~FETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS

1.

The authority citation for Part 34 continues to read in part as follows:

Authority: Sec. 161, 68 stat. 948, as amended (42 u.s.c.

2201); sec. 201, 88 Stat 1242, as amended (42 U.S.C. 5841) ****

§34.20

[Amended]_

2.

In §34.20, paragraph (a), remove the words "Nuclear Regulatory Commission Public Document Room, 2120 L Street NW.,

Lower Level, Washington, DC 20555 11, and add *in their place the words 11NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814 11

• PART 35 -

MEDICAL USE OF BYP~ODUCT MATERIAL

3.

The authority citation for Part 35 continues to read in part as follows:

Authority: Sec 161, 68 stat. 948, as amended (42 u.s.c.

2201); sec. 201, 88 Stat 1242, as amended (42 u.s.c. 5841) ***:

5

§35.632 (Amended]

4. In §35.632, paragraph (d), remove the words "or may be obtained from the U.S. Nuclear Regulatory Commission, Public Document Room, 2120 L Street, NW., Washington, DC 20555", and add in their place the words "at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814 11

• PART 50 -

DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

5. The authority citation for Part 50 continues to read in part as follows:

Authority:

Sec. 161, 68 stat. 948, as amended (42 u.s.c.

2201; sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841) ****

§50.34

[Amended]

6. In §50.34, paragraph (f) (3) (v) (A) (2), remove the words "Nuclear Regulatory Commission's Public Document Room, 2120 L Street, NW *., Washington, D. C. 11,

and add in their place the words

NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814 11

• 6

7. In §50.55a, paragraph (b) is revised to read as follows:

§50.55a Codes and standards.

(b) The ASME Boiler and Pressure Vessel Code, which is referenced in the following paragraphs, was approved for incorporation by reference by the Director of the Federal Register.

A notice of any changes made to the material incorporated by reference will be published in the Federal Register.

Copies of the ASME Boiler and Pressure Vessel Code may rbe purchased from the American Society of Mechanical Engineers, United Engineering Center, 345 East 47th st., New York, NY 10017.

It is also available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

Appendix H to Part 50

[Amended]

8.

In the second paragraph of the introduction to Appendix H, remove the words "at the Commission's/Public Document Room, 2120 L Street, NW., Washington, D.C.", and add in their place the words "at the NRC Library, '7920 Norfolk Avenue, Bethesda, 7

Maryland 20814".

9.

In Appendix J,Section III, remove footnote number one, redesignate.footnote number two as number one, and revise paragraph (A) (3) (a) to read as follows:

Appendix J to Part 50 -

Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors III.

A.

/

3. Test Methods. (a) All Type A tests shall be conducted in accordance with the provisions of the American National Standards N45.4-1972, "Leakage Rate Testing of Containment Structures for Nuclear Reactors," March 16, 1972.

In addition to the Total time and Point-to-Point methods described in that standard, the Mass Point Method, when used with a test duration of at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, is an acceptable method to use to calculate leakage rates.

A typical description of the Mass Point method can be found in the American National Standard ANSI/ANS 56.8-1987-, "Containment System Leakage Testing Requirements," January 20, 1987.

Incorporation of ANSI N45.4-1972 by reference was approved by the

. 8

Director of the Federal Register.

Copies of this standard, as well as ANSI/ANS-56.8-1987, "Containment system Leakage Testing Requirements" (dated January 20, 1987) may be obtained from the American Nuclear Society, 555 North Kensington Avenue, La Grange Park, IL. 60525.

A copy of each of these standards is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

10.

In Appendix K,Section I is amended by revising paragraphs (A(4}, (A) (5), {C) (1) (b), (D) (5), and (D) (7) (c) to read as follows:

Appendix K to Part 50 -

ECCS Evaluation Models I.

A.

4.

Fission Product Decay.

The heat generation rates from radioa_cti ve decay of fission products shall be assumed to be equal to 1.2 times the values for infinite operating time in the ANS Standard (Proposed American Nuclear Society Standards--

"Decay Energy Release Rates Following Shutdown of Uranium-Fueled Thermal Reactors."

Approved by Subcommittee ANS-5, ANS standards

9.

Committee, October 1971).

This standard has been approved for incorporation by reference by the Director of the Federal Register.

~ copy of the standard is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

The fraction of the locally generated gamma energy that is deposited in the fuel (including the cladding) may be different from 1.0; the value used shall be justified by a suitable calculation.

5. Metal -

Water Reaction Rate.

The rate of energy release, hydrogen generation, and cladding oxidation from the metal/water reaction shall be calculated using the Baker-Jus~ equation (Baker, L., Just, L.C., "Studies of Metal Water Reactions at High Temperatures, III.

Experimental and Theoretical Studies of the Zirconium-Water Reaction," ANL-6548, page 7, May 1962).

This publication has been approved for incorporation by reference by the Director of the Federal Register.

A copy of the publication is available for inpection at the NRC Library, 7920 Norfolk

\

Avenue, Bethesda, Maryland 20814.

The reaction shall be assumed not to be steam limited.

For rods whose cladding is calculated to rupture during the LOCA, the inside of the cladding shall be assumed to react after the rupture.

The calculation of the reaction rate on the inside 1of the cladding shall also follow the Baker-Just equation, starting at the time when the cladding is calculated to rupture, and*extending around the cladding inner 10

circumference and axially no less that 1.5 inches each way from the location of the rupture, with the reaction assumed not to be steam limited.

c.

1

b. Discharge Model.

For all times after the discharging fluid has been calculated to be two-phase in composition, the discharge rate shall be calculated by use of the,Moody model (F.J. Moody, "Maximum Flow Rate of a Single Component, Two-Phase Mixture," Journal of Heat Transfer, Trans.American Society of Mechanical Engineers*, 87, No. 1, February, 1965).

This publication has been approved for incorporation by reference by the Director of the Federal Register.

A copy of this publication is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

The calculation shall be conducted with at least three values of a discharge coefficient applied to the postulated break area, these values spanning the range from 0.6 to 1.0.

If the results indicate that the maximum clad temperature for the hypothetical accid~nt is to be found at an even lower value of the discharge coefficient, the range of discharge coefficients shall be extended until the maximum clad 11

temperatures calculated by this variation has been achieved.

D.

5.

Refill and Reflood Heat Transf~r for Pressurized Water Reactors.

a. For reflood rates of one inch per second or higher, reflood heat transfer coefficients shall be based on applicable experimental data for unblocked cores including FLECHT results

("PWR FLECHT (Full Length Emergency Cooling Heat Transfer) Final Report," Westinghouse Report WCAP-7665, April 1971).

The use of a correlation derived from FLECHT data shall be demonstrated to be conservative for the transient to which it is appliea; presently available FLECHT heat transfer correlations ("PWR Full Length Emergency Cooling Heat Transfer (FLECHT) Group I Test Report," Westinghouse Report WCAP-7544, September 1970;."PWR FLECHT Final Report Supplement," Westinghouse Report WCAP-7931, October 1972) are not acceptable.

Westinghouse Report WCAP-7665 has been approved for incorporation by reference by the Director of the Federal Register.

A copy of this report is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

New correlations or modifications to the FLECHT heat transfer correlations are acceptable only after they are demonstrated to be conservative, by comparison with FLECHT data, 12

for a range of parameters consistent with the transient to which they are applied.

b.

D~ing refill and during reflood when reflood rates are less than one inch per second, heat transfer calculations shall be based on the assumption that cooling is only by steam, and shall take into account any flow blockage calculated to occur as a result of cladding swelling or rupture as such blockage might affect both local steam flow and heat transfer.

7.

c.

Wetting of the channel box shall be assumed to occur 60 seconds after the time determined using the correlation based on the Yamanouchi analysis ("Loss-of-Coolant Accident and Emergency Core Cooling Models for General Electric Boiling Water Reactors,"

General Electric Company Report NEDO-10329, April 1971).

This report was approved for incorporation by,,reference by the Director of the Federal Register.

A copy of the report is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

13

Part 73 - Physical Protection of Plants and Materials

11. The authority citation for Part 73 continues to read in part as follows:

Authority: Sec. 161, 58 stat, 948, as amended (42 u.s.c.

2201; sec 201, 88 Stat. 1242, as amended (42 U.S.C. 5841) * * **

12. In §73.26, paragraph (1) (1) is revised to read as follows:

§73.26 Transportation physical protection systems, subsystems, components and procedures.

(1) Shipment by sea.

(1) Shipments shall be made only on container-ships.

The strategic special nuclear material container(s) shall be loaded into exclusive use cargo containers conforming to American National Standards Institute (ANSI)

Standard MH5.l-11Basic Requirements for Cargo Containers" (1971) or International Standards Organization (ISO) 1496, "General Cargo Containers" (1978).

Locks and seals shall be inspected by the escorts whenever access is possible.

The ANSI Standard MH5.1 14

(1971) and the (ISO) 1496 (1978), have been approved for incorporation by reference by the Director of the Federal Register.

A copy of each of these standards is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

13.

In §73.50, paragraph {d) (1) is revised to read as follows:

§73.50 Requirements for physical protection of licensed activities.

(d) Detection aids. (1) All alarms required pursuant to this part shall annunciate in a continuously manned central alarm station located within the protected area and in at least one other continuously manned station, not necessarily within the protected* area, such that a single act cannot remove the capability of calling for assistance or otherwise responding to an alarm.

All alarms shall be self-checking and tamper indicating.

The annunciation of an alarm at the onsite central alarm station shall indicate the type of alarm (e.g., intrusion alarm, emergency exit alarm, etc.) and location.

All intrusion 15

alarms, emergency exit alarms, alarm systems, and line supervisory systems shall at minimum meet the performance and reliability levels indicated by GSA Interim Federal Specificatibn W-A-00450 B (GSA-FSS).

The GSA Interim Federal Specification has been approved for incorporation by reference by the Director qf the Federal Register.

A copy of the material is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethedsa, Maryland 20814 *

14.

In Appendix B,Section I is amended by,revising paragraph B.1.b.(2) (a) and Section IV is amended by revising Footnote 2 to the table in paragraph c. to read\as follows:

Appendix B to Part 50 - General,Criteria for Security Personnel I.

B.

1.

b.

(2)

Hearing: (a) Individuals sha+l have no hearing loss in the better ear greater than 30 decibels average at 500 Hz, 1,000 16

Hz-, and 2,000 Hz with no level greater that 40 decibels at any one frequency (by ISO 389 "Standard Reference Zero for the Calibration of Puritone Audiometer" *(1975) or ANSI S3.6-1969 (R.

1973) "Specifications for Audiometers").

ISO 389 and ANSI S3.6-1969 have been approved for incorporation by reference by the Director of the Federal Register.

A copy of each standard is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814

• IV.

c.

2. As set forth by the National Rifle Association (NRA) in its official rules and regulations, "NRA Target Manufacturers Index," December 1976.

The Index has been approved for e

incorporation by reference by the Director of the Federal Register.

A copy of the index is available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

17

Part 110 -

Export and Import of Nuclear Equipment and Material

15.

The authority citation for Part 110 continues to read in part as follows:

Authority: Sec. 161, 68 Stat, 948, as amended (42 u.s.c.

2201); sec. 201, 88 Stat. 1242, as amended (42 U.s.c. 5841)

16.

In §110.43, paragraph (a) (1) is revised to read as follows:

§110.43 Physical security standards.

(a)

(1) Review of the physical security program established by the recipient country and of the implementation of the national requirements, as considered through country visits and other information exchanges, to ensure that the physical security measures provide, as a minimum protection comparable to that set forth in the International Atomic Energy publication INFCIRC/225 Rev. 1, entitled "The Physical Protection of Nuclear Material" (INFCIRC/225), which is incorporated by reference in this part.

18

This publication has been approved for incorporation by reference by the Director of the Federal Register.

Notice of any changes to the publ~cation will be published in the Federal Register.

Copies of INFCIRC/225 may be obtained from the Assistant Director for International Security, Office of International Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and are available for inspection at the NRC Library, 7920 Norfolk Avenue, Bethesda, Maryland 20814.

A copy is on file in the library of the Office of the Federal Register.

Dated at Rockville, Maryland, this_Li___'ty of ~992, For the Nuclear Regulatory Commission.

for Operations 19