[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4070-4072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1475]
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[[Page 4071]]
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
NRC Policy Statements; Withdrawal
AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statements; Withdrawal.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a
number of its Policy Statements which have been superseded by
subsequent NRC rulemaking actions. The action taken by the NRC does not
change reporting requirements on licensees or reduce the protection of
the public health and safety in any way.
EFFECTIVE DATE: This action is effective January 20, 1995.
FOR FURTHER INFORMATION CONTACT: A.J. DiPalo, Office of the Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555, telephone (301) 415-6191.
SUPPLEMENTARY INFORMATION:
Background
Based on a comprehensive review of its regulations and regulatory
guidance, the NRC has decided to withdraw a number of its Policy
Statements that have been superseded by subsequent NRC rulemaking
actions. This action does not change reporting requirements on
licensees or reduce the protection of the public health and safety in
any way.
The following Policy Statements have been superseded and are being
withdrawn:
1. Nuclear Power Plant Access Authorization Program
The NRC published a proposed Policy Statement, ``Nuclear Power
Plant Access Authorization Program,'' on March 9, 1988 (53 FR 7534).
This Policy Statement was never published as a final Policy Statement,
however it advocated that each licensee who operates a nuclear power
plant establish an access authorization program which would ensure that
individuals who require unescorted access to protected areas or vital
areas of their facilities are trustworthy, reliable, emotionally
stable, and would not subvert radiological security. Based on an
evaluation of the public comments on the proposed Policy Statement, the
NRC determined that, although many licensees had access authorization
programs that conformed to the ``Industry Guidelines,'' not all
licensees had such programs in place, and of those that did, not all
fully incorporated the ``Industry Guidelines'' into their Physical
Security Plan.
Subsequently, the NRC published a final rule, ``Access
Authorization Program for Nuclear Power Plants,'' (10 CFR 73.56) on
April 25, 1991 (56 FR 18997), that would have superseded the above
Policy Statement had it been published as a final Policy Statement.
This final rule fulfilled the objectives of the proposed Policy
Statement by requiring that all licensees authorized to operate a
nuclear power plant have a required Access Authorization Program
incorporated into their Physical Security Plan.
2. Training and Qualification of Nuclear Power Plant Personnel
In Section 306 of the Nuclear Waste Policy Act of 1982 (NWPA),
Public Law 97-425, the NRC was directed to promulgate regulations, or
other appropriate Commission regulatory guidance for the training and
qualifications of civilian nuclear power plant operators, supervisors,
technicians, and other operating personnel. The NRC published a Policy
Statement, ``Training and Qualification of Nuclear Power Plant
Personnel,'' March 20, 1985 (50 FR 11147), to fulfill its
responsibility under the Act. The Policy Statement was amended on
November 18, 1988 (53 FR 46603). On April 17, 1990, the U.S. Court of
Appeals for the District of Columbia Circuit concluded that the
Commission's Policy Statement did not meet the intent of the
Congressional directive to promulgate regulations or other appropriate
regulatory guidance. The Commission requested a rehearing of the
decision by the full Court, which was denied on June 19, 1990. In
response to the Court's decision, the NRC published a final rule,
``Training and Qualification of Nuclear Power Plant Personnel,'' (10
CFR 50.120) on April 26, 1993 (58 FR 21904). The final rule fulfilled
the objectives of the Policy Statement by establishing requirements and
essential elements of the process to determine training and
qualification requirements for all appropriate nuclear power reactor
personnel.
3. Fitness-For-Duty of Nuclear Power Plant Personnel
The NRC published a Policy Statement, ``Fitness-For-Duty of Nuclear
Power Plant Personnel,'' on August 4, 1986 (51 FR 27921). The purpose
of this Policy Statement was to encourage the industry to develop and
implement its own initiatives, or to adopt those initiatives of the
Edison Electric Institute, to assure that all nuclear power plant
personnel with access to vital areas at operating plants are fit for
duty. The Commission deferred rulemaking in this area for a period of
18 months to evaluate licensee implementation of these initiatives.
However, based on a dramatic increase in the number of drug use and
abuse events since 1985, the NRC published a final rule, ``Fitness-for-
Duty-Program,'' (10 CFR Part 26) on June 7, 1989 (54 FR 24468). This
rule fulfilled the objectives of the Policy Statement by requiring that
licensees authorized to construct and operate nuclear power plants
implement a Fitness-for-Duty Program intended to create an environment
which is free of drugs and the effects of these substances.
4. Maintenance of Nuclear Power Plants
On December 8, 1989 (54 FR 50611), the NRC published a Policy
Statement, ``Maintenance of Nuclear Power Plants,'' with the purpose of
encouraging licensees to enhance safety by improving plant maintenance.
The NRC monitored the industry for 18 months and found that common
maintenance related weaknesses continued to persist in some plants.
Thus, the NRC published a final rule, ``Monitoring the Effectiveness of
Maintenance at Nuclear Power Plants,'' (10 CFR 50.65) on July 10, 1991
(56 FR 31306). This final rule which supersedes the above Policy
Statement, will become effective July 10, 1996. Implementation of the
rule was postponed until that time to provide licensees of the nuclear
power plants the opportunity to plan and monitor their maintenance
activities in accordance with the requirements of the 1996 rule.
Currently all nuclear power plants have active maintenance programs in
place. Thus NRC does not anticipate that this course of action will
have any adverse impact on public health and safety. The final rule
fulfilled the objectives of the Policy Statement by establishing
requirements for monitoring and evaluation of plant maintenance
activities.
5. Information Flow
On July 20, 1982 (47 FR 31482), the NRC published a Policy
Statement, ``Information Flow,'' with the intent to remind licensees of
their responsibility to provide the Commission with timely, accurate,
and sufficiently complete information during an incident or significant
event.
Subsequent to issuance for publication of the 1982 Policy
Statement, the Commission published two regulations for reporting of
events involving commercial nuclear power plants: ``Immediate
Notification Requirements for Operating Nuclear Power Reactors,'' 10
CFR 50.72, August [[Page 4072]] 29, 1983, (48 FR 39046); and ``Licensee
Event Report System,'' (10 CFR 50.73), July 26, 1983, (48 FR 33858).
The former specifically addresses reporting requirements during the
course of an event. The Commission also published a regulation (10 CFR
50.9, December 31, 1987 (523 FR 49372)), requiring that information
provided to the Commission be complete and accurate in all material
respects, and that licensees notify the Commission of information
having significant implication for public health and safety or common
defense and security. In addition, the Commission published similar
regulations regarding reporting of nuclear material events (e.g., 10
CFR 30.50 and 10 CFR 30.9 and 10 CFR 72.74 and 10 CFR 72.11). Timely,
accurate and complete information continues to be of great importance
to the Commission. Rules have been promulgated which fulfill the
objectives of the Policy Statement in ensuring timeliness, accuracy,
and completeness of the reported information.
6. Planning Basis For Emergency Responses to Nuclear Power Reactor
Accidents
On October 23, 1979 (44 FR 61123), the NRC published a Policy
Statement, ``Planning Basis for Emergency Responses to Nuclear Power
Plant Accidents,'' to endorse the guidance developed by a joint task
force of the NRC and Environmental Protection Agency (EPA) on
radiological emergency response plans to be developed by off-site
agencies.
After reviewing public comments on the policy statement,
information obtained from workshops held on the subject and reports
from a Presidential Commission, the NRC published a final rule,
``Emergency Planning,'' (10 CFR Parts 50 and 70) on August 19, 1980 (45
FR 55402). The final rule fulfilled the objectives of the Policy
Statement by upgrading the NRC's emergency planning regulations to
assure that adequate protective measures can and will be taken in the
event of a radiological emergency.
Dated at Rockville, Maryland, this 6th day of January 1995.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-1475 Filed 1-19-95; 8:45 am]
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