97-20645. Initial Licensed Operator Examination Requirements  

  • [Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
    [Proposed Rules]
    [Pages 42426-42430]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-20645]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    10 CFR Part 55
    
    RIN 3150-AF62
    
    
    Initial Licensed Operator Examination Requirements
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
    its regulations to require all nuclear power facility licensees to 
    prepare, proctor, and grade the written examinations and prepare the 
    operating tests that the NRC currently uses to evaluate the competence 
    of individuals applying for operator licenses at those plants. The 
    proposed amendment would require the licensee to submit each 
    examination and test for the NRC's review and approval and would 
    preserve the NRC's authority to prepare the examinations and tests, as 
    necessary, if it loses confidence in a licensee's ability to prepare 
    these examinations acceptably. In addition, the NRC would periodically 
    invoke this authority in order to maintain the proficiency of its own 
    license examiners.
    
    DATES: Submit comments by October 21, 1997. Comments received after 
    this date will be considered if it is practical to do so, but the 
    Commission is able to assure consideration only for comments received 
    on or before this date.
    
    ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555. Attn: Rulemakings and Adjudications 
    Staff. Hand deliver comments to 11545 Rockville Pike, Rockville, 
    Maryland, between 7:30 am and 4:15 pm on Federal workdays. For 
    information on submitting comments electronically, see the discussion 
    under Electronic Access in the Supplementary Information section.
        Single copies of this proposed rulemaking may be obtained by 
    written request or telefax ((301) 415-2260) from Harry S. Tovmassian, 
    Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
    Commission, Washington DC 20555. Certain documents related to this 
    rulemaking, including comments received, may be examined at the NRC 
    Public Document Room, 2120 L Street NW (Lower Level), Washington, DC. 
    These same documents may also be viewed and downloaded electronically 
    via the Electronic Bulletin Board established by NRC for this 
    rulemaking as indicated in the Supplementary Information section.
    
    FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear 
    Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
    20555, telephone (301) 415-6231; e-mail hst@nrc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 107 of the Atomic Energy Act (AEA) of 1954, as amended, 
    requires the NRC to determine the qualifications of individuals 
    applying for an operator license, to prescribe uniform conditions for 
    licensing such individuals, and to issue licenses as appropriate. 
    Pursuant to the AEA, 10 CFR part 55 requires applicants for operator 
    licensees to pass an examination that satisfies the basic content 
    requirements specified in the regulation. Although neither the AEA nor 
    part 55 specifies who must prepare, proctor, or grade these 
    examinations, the NRC has traditionally performed those tasks itself or 
    through its contract examiners. In accordance with 10 CFR 170.12(i), 
    NRC staff and contractual costs are recovered from facility licensees 
    who receive examination services. The NRC and its contract examiners 
    have used the guidance in NUREG-1021, ``Operator Licensing Examination 
    Standards for Power Reactors,'' to prepare the initial operator 
    licensing examinations. This document has been revised as experience 
    has been acquired in preparing these examinations. The current version 
    is designated Interim Revision 8. 1
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        \1\ Copies are available for inspection or copying for a fee 
    from the NRC Public Document Room at 2120 L Street NW., Washington, 
    DC 20555; the PDR's mailing address is Mail Stop LL-6; telephone 
    (202) 634-3273, fax (202) 634-3343. Interim Revision 8 is also 
    available for downloading from the Internet at ``http://
    www.nrc.gov.''
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        The intended modifications to 10 CFR part 55 would allow facility 
    licensees to have greater participation in the initial operator 
    licensing process and enable the NRC to eliminate contractor assistance 
    in this area. Between $3 million and $4 million in contractor support 
    for the preparation and administration of the initial operator 
    licensing examinations and for support of requalification program 
    inspections would be eliminated.
        On April 18, 1995, the Commission approved the NRC staff's proposal 
    to initiate a transition process to revise the operator licensing 
    program and directed the NRC staff to carefully consider experience 
    from pilot examinations before fully implementing the changes. On 
    August 15, 1995, the NRC staff issued Generic Letter (GL) 95-06, 
    ``Changes in the Operator Licensing Program,''\2\ outlining the revised 
    examination development process and soliciting volunteers to 
    participate in pilot examinations to evaluate and refine the 
    methodology.
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        \2\ Copies are available for inspection or copying for a fee 
    from the NRC Public Document Room at 2120 L Street NW., Washington, 
    DC 20555; the PDR's mailing address is Mail Stop LL-6; telephone 
    (202) 634-3273; fax (202) 634-3343.
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        Between October 1, 1995, and April 5, 1996, the NRC staff reviewed 
    and approved 22 operator licensing examinations, including both the 
    written examinations and the operating tests, prepared by facility 
    licensees as part of a pilot program. These examinations were prepared 
    using the guidance in Revision 7 (Supplement 1) of NUREG-1021 and the 
    additional guidance in GL 95-06. 2 These examinations were 
    used to test 146 reactor operator (RO) and senior reactor operator 
    (SRO) applicants.
        The results of the pilot examinations were discussed in SECY-96-
    123, ``Proposed Changes to the NRC Operator Licensing Program,'' dated 
    June 10, 1996. Based on the results of the pilot program, the staff 
    recommended that the Commission approve the implementation of the new 
    examination process on a voluntary basis until rulemaking could be 
    completed to require all power reactor facility licensees to prepare 
    the entire initial examination for reactor operators and senior reactor 
    operators and to proctor the written portion of the examination. On 
    July 23, 1996, the Commission authorized the staff to continue the 
    pilot examination process on a voluntary basis and requested the staff 
    to develop a detailed rulemaking plan to justify the changes that may 
    be necessary to 10 CFR part 55. The Commission also directed the staff 
    to address a number of additional items (e.g., pros, cons, and 
    vulnerabilities) regarding the revised examination process to 
    facilitate a Commission decision on whether to implement the revised 
    process on an industry-wide basis.
        On September 25, 1996, the staff forwarded the requested rulemaking
    
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    plan and a response to the additional items to the Commission in SECY-
    96-206, ``Rulemaking Plan For Amendments to 10 CFR part 55 to Change 
    Licensed Operator Examination Requirements.'' On December 17, 1996, the 
    Commission directed the staff to proceed with the proposed rulemaking.
        With Commission approval, the staff resumed conducting pilot-style 
    examinations on August 19, 1996, and by the end of December 1996 had 
    reviewed, approved, and administered 12 additional examinations that 
    were developed by facility licensees based on the guidance in GL 95-06. 
    This raised the total number of examinations completed using the pilot 
    process to 34 and the number of applicants tested to 84 ROs and 144 
    SROs.
    
    Discussion
    
        The pilot program demonstrated that the revised process, using 
    licensee developed examinations, can be both effective and efficient. 
    Comments from the NRC staff and industry personnel who participated in 
    the pilot examinations were generally favorable. The quality of the 
    licensee-developed examinations (as modified by the NRC) was generally 
    comparable to the examinations prepared by the NRC staff or its 
    contractors. All of the licensee-developed examinations required some 
    modifications subsequent to NRC review; however, several of these 
    examinations required significant rework, indicating that some 
    licensees did not fully understand the criteria for preparing 
    examinations which meet NRC standards. With training and experience, it 
    is expected that the industry would gain proficiency in preparing the 
    examinations. The monitoring and assessment of this voluntary pilot 
    program has demonstrated that facility licensee developed examinations, 
    as modified by the NRC, are comparable in terms of their quality to 
    those prepared by the NRC and its contract examiners under the existing 
    process; therefore, the safe operation of the facility in question is 
    in no way compromised. The fact that the pass/fail results on the 34 
    pilot examinations administered to the 84 ROs and 144 SROs through the 
    end of December 1996 were comparable to the power reactor licensing 
    examination results during Fiscal Year 1995, when all the examinations 
    were prepared by the NRC or its contractors, supports this conclusion. 
    The provisions of the proposed rule in Sec. 55.40(a)(2), which require 
    NRC staff review and approval of facility licensee developed tests and 
    examinations, should facilitate the monitoring of the quality of the 
    submittals and the modification of those which do not meet NRC 
    standards.
        The fact that NRC examiners will be administering all of the 
    operating tests without contractor assistance is expected to improve 
    the NRC staff's focus on operator performance and its core of 
    experience because every applicant will be directly observed by an NRC 
    employee. Before beginning the transition process, contract examiners 
    administered about half of the operating tests and collected the 
    observations that formed the basis for the NRC's licensing actions. The 
    contractors' efforts focused primarily on task completion, so any 
    broader insights and experience that might have been gained while 
    giving the examinations was of little benefit to the NRC.
        The Commission has assessed the pros and cons associated with the 
    revised examination process, as discussed in SECY-96-206, and 
    considered the measures that the NRC staff has taken to mitigate the 
    vulnerabilities. The Commission acknowledges that the revised 
    examination process increases the risk of lapses in examination quality 
    (including level of difficulty), consistency, and security and wishes 
    to emphasize the NRC's resolve to maintain the existing standards of 
    performance in each of these areas.
        With regard to examination security, in particular, applicants, 
    licensees (operators), and facility licensees are reminded that 10 CFR 
    55.49 prohibits their engagement in any activity that compromises the 
    integrity (security) of any application, test, or examination required 
    by 10 CFR part 55 and that examination will need to be proctored in 
    accordance with 10 CFR 55.40. These provisions require facility 
    licensees to maintain proper examination security. The Commission 
    expects that licensees will meet the security provisions in ES-201 and 
    ES-402 of NUREG-1021 or similar NRC-approved standards. Consistent with 
    NUREG-1021, facility employees with specific knowledge of any NRC 
    examination before it is given may not communicate the examination 
    contents to unauthorized individuals and may not participate in any 
    further instruction of the students scheduled to take the examination. 
    Before they are given access to the examination, the facility employees 
    are expected to sign a statement acknowledging their understanding of 
    the restrictions and the potential consequences of noncompliance and 
    sign a post-examination statement certifying that they did not 
    knowingly compromise the examination. In addition to the restrictions 
    on personnel, NUREG-1021 also discusses a number of physical security 
    precautions, including protecting and mailing the examination materials 
    and simulator considerations. The guidance also cautions NRC examiners 
    to be attentive to examination security measures and requires them to 
    review the security expectations with the facility licensee at the time 
    the examination arrangements are confirmed.
        The Commission considers a violation of 10 CFR 55.49 for 
    compromising an examination has occurred when (1) a failure to control 
    the integrity of an examination occurs such that there is a potential 
    for an applicant to have an unauthorized advantage in the examination 
    process or (2) an applicant obtains an unauthorized advantage. Both 
    facility licensees and applicants for examinations may be subject to 
    enforcement action for violations of 10 CFR 55.49 commensurate with the 
    nature and seriousness of the compromise.
        As part of the final rulemaking in this matter, the Commission 
    intends to modify its ``General Statement of Policy and Procedures for 
    NRC Enforcement Actions'' (Enforcement Policy), NUREG-1600. Security 
    compromises will normally be considered at least at Severity Level IV. 
    A violation where it was likely that an applicant obtained unauthorized 
    access to examination material will be considered a significant 
    regulatory concern and categorized at least at Severity Level III. The 
    NRC intends to utilize its full enforcement authority including, as 
    warranted, civil penalties and orders against persons found to have 
    been involved in willful compromises of examinations in violation of 10 
    CFR 55.49. This will include use of the rule on Deliberate Misconduct 
    (10 CFR 50.5). In addition, cases involving willful violations will be 
    referred to the Department of Justice.
    
    Availability of Guidance Document for License Examination 
    Preparation
    
        Although 10 CFR part 55 does not specify who will prepare, 
    administer, and grade the written examinations and operating tests for 
    reactor operator and senior reactor operator licenses, the NRC or its 
    contract examiners have traditionally performed these tasks. As a 
    consequence of performing the tasks associated with preparing and 
    administering the initial licensing examinations, the NRC has developed 
    a substantial body of guidance, which has been published in various 
    versions of NUREG-1021 to aid both NRC and its contract examiners. The 
    latest version of NUREG-1021 (Interim Revision 8) incorporates the 
    pilot examination
    
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    criteria in GL 95-06, lessons learned during the pilot examinations, 
    and a number of refinements prompted by the comments submitted in 
    response to the Federal Register notice dated February 22, 1996 (61 FR 
    6869), which solicited public comments on the proposed NUREG changes. A 
    copy of Interim Revision 8 of NUREG-1021 has been mailed to each 
    facility licensee. Copies may be inspected and/or copied for a fee at 
    the NRC's Public Document Room, 2120 L Street NW (Lower Level), 
    Washington, DC. NUREG-1021 is also electronically available for 
    downloading from the Internet at ``http://www.nrc.gov.'' All interested 
    parties are invited to comment on Interim Revision 8 of NUREG-1021 in 
    addition to the proposed rule. These public comments will be addressed, 
    and Revision 8 will be published as a final NUREG document.
        The NRC plans to prepare, administer, and grade initial operator 
    licensing examinations at least four times per year, using NUREG-1021 
    as guidance. Licensees would also be expected to use the guidance 
    contained in NUREG-1021 to prepare the licensing examinations. The NRC 
    staff would review and approve any deviations from this guidance. The 
    NRC will not approve any deviation that would compromise its statutory 
    responsibility of prescribing uniform conditions for the operator 
    licensing examinations. Examples of unacceptable deviations include, 
    but are not limited to, the use of essay questions in place of multiple 
    choice questions and the administration of open book examinations.
    
    Proposed Rule
    
        This proposed regulation would add a new section, Sec. 55.40, 
    ``Implementation,'' to Subpart E of 10 CFR part 55 which would require 
    power reactor facility licensees to prepare the written examinations 
    and operating tests, to submit them to the NRC for review and approval, 
    and to proctor and grade the written examinations. These requirements 
    would be contained in Secs. 55.40(a)(1), (2), and (3), respectively.
        Each power reactor facility licensee would be required to prepare 
    and submit the proposed examinations (including the written 
    examination, the walk-through, and the dynamic simulator tests) to the 
    NRC consistent with the guidance contained in NUREG-1021. The NRC staff 
    would review the entire examination and direct whatever changes are 
    necessary to ensure that adequate levels of quality, difficulty, and 
    consistency are maintained. After the NRC staff reviews and approves an 
    examination, the facility licensee would proctor and grade the written 
    portion consistent with the guidance in NUREG-1021. The NRC staff would 
    continue to independently administer and grade the operating tests, 
    review and approve the written examination results, and make the final 
    licensing decisions. The facility licensee would not conduct parallel 
    operator evaluations during the dynamic simulator or the walk-through 
    tests.
        Pursuant to proposed requirements in Sec. 55.40(b), the NRC staff 
    would maintain the authority to prepare the examinations and tests and 
    to proctor and grade the site-specific written examinations. This 
    proposed rule would allow NRC to maintain its staff capability to 
    perform these activities. Also, if the NRC has reason to question a 
    licensee's ability to prepare an acceptable examination, Sec. 55.40(b) 
    provides the NRC authority to prepare and administer the examinations 
    and tests.
        Paragraph (c) of Sec. 55.40 reasserts that the NRC would continue 
    to prepare and administer the written examinations and operating tests 
    at non-power reactor facilities. The NRC has taken this position 
    because the non-power reactor community does not have an accreditation 
    process for training and qualification or the resources to prepare the 
    examinations. However, the process will be implemented using only NRC 
    examiners, thereby allowing the elimination of all routine contract 
    assistance in that area.
    
    Electronic Access
    
        Comments may be submitted electronically, in either ASCII text or 
    WordPerfect format (version 5.1 or later), by calling the NRC 
    Electronic Bulletin Board (BBS) on FedWorld or connecting to the NRC 
    interactive rulemaking web site, ``Rulemaking Forum.'' The bulletin 
    board may be accessed using a personal computer, a modem, and one of 
    the commonly available communications software packages, or directly 
    via Internet. Background documents on the rulemaking are also 
    available, as practical, for downloading and viewing on the bulletin 
    board.
        If using a personal computer and modem, the NRC rulemaking 
    subsystem on FedWorld can be accessed directly by dialing the toll free 
    number (800) 303-9672. Communication software indicators should be set 
    as follows: Parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
    Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
    can then be accessed by selecting the ``Rules Menu'' option from the 
    ``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
    Guides'' particularly helpful. Many NRC subsystems and data bases also 
    have a ``Help/Information Center'' option that is tailored to the 
    particular subsystem.
        The NRC subsystem on FedWorld can also be accessed by a direct dial 
    phone number for the main FedWorld BBS, (703) 321-3339, or by using 
    Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact 
    FedWorld, the NRC subsystem will be accessed from the main FedWorld 
    menu by selecting the ``Regulatory, Government Administration and State 
    Systems,'' then selecting ``Regulatory Information Mall.'' At that 
    point, a menu will be displayed that has an option ``U.S. Nuclear 
    Regulatory Commission'' that will take you to the NRC Online main menu. 
    The NRC Online area also can be accessed directly by typing ``/go nrc'' 
    at a FedWorld command line. If you access NRC from FedWorld's main 
    menu, you may return to FedWorld by selecting the ``Return to 
    FedWorld'' option from the NRC Online Main Menu. However, if you access 
    NRC at FedWorld by using NRC's toll-free number, you will have full 
    access to all NRC systems, but you will not have access to the main 
    FedWorld system.
        If you contact FedWorld using Telnet, you will see the NRC area and 
    menus, including the Rules Menu. Although you will be able to download 
    documents and leave messages, you will not be able to write comments or 
    upload files (comments). If you contact FedWorld using FTP, all files 
    can be accessed and downloaded but uploads are not allowed; all you 
    will see is a list of files without descriptions (normal Gopher look). 
    An index file listing all files within a subdirectory, with 
    descriptions, is available. There is a 15-minute time limit for FTP 
    access.
        Although FedWorld also can be accessed through the World Wide Web, 
    like FTP, that mode only provides access for downloading files and does 
    not display the NRC Rules Menu.
        You may also access the NRC's interactive rulemaking web site 
    through the NRC home page (http://www.nrc.gov). This site provides the 
    same access as the FedWorld bulletin board, including the facility to 
    upload comments as files (any format), if your web browser supports 
    that function.
        For more information on NRC bulletin boards call Mr. Arthur Davis, 
    Systems Integration and Development Branch, NRC, Washington, DC 20555-
    0001, telephone (301) 415-5780; e-mail AXD3@nrc.gov. For information 
    about the interactive rulemaking site, contact
    
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    Ms. Carol Gallagher, (301) 415-5905; e-mail [email protected]
    
    Environmental Impact: Categorical Exclusion
    
        The NRC has determined that this proposed rule is the type of 
    action described as a categorical exclusion in 10 CFR 51.22(c)(1). 
    Therefore, neither an environmental impact statement nor an 
    environmental assessment has been prepared for this proposed 
    regulation.
    
    Paperwork Reduction Act Statement
    
        This proposed rule amends information collection requirements that 
    are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
    seq). This rule has been submitted to the Office of Management and 
    Budget for review and approval of the information collection 
    requirements.
        The public reporting burden for this collection of information is 
    estimated to average 500 hours per response, including the time for 
    reviewing instructions, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information (i.e., preparing the examinations). The U. S. 
    Nuclear Regulatory Commission is seeking public comment on the 
    potential impact of the collection of information contained in the 
    proposed rule and on the following issues:
        1. Is the proposed collection of information necessary for the 
    proper performance of the functions of the NRC, including whether the 
    information will have practical utility?
        2. Is the estimate of burden accurate?
        3. Is there a way to enhance the quality, utility, and clarity of 
    the information to be collected?
        4. How can the burden of the collection of information be 
    minimized, including the use of automated collection techniques?
        Send comments on any aspect of this proposed collection of 
    information, including suggestions for reducing the burden, to the 
    Information and Records Management Branch (T-6F-33), U.S. Nuclear 
    Regulatory Commission, Washington, DC 20555-0001, or by Internet 
    electronic mail at bjs1@nrc.gov; and to the Desk Officer, Office of 
    Information and Regulatory Affairs, NEOB-10202, (3150-0018, and 3150-
    0101), Office of Management and Budget, Washington, DC 20503.
        Comments to OMB on the collections of information or on the above 
    issues should be submitted by September 8, 1997. Comments received 
    after this date will be considered if it is practical to do so, but 
    assurance of consideration cannot be given to comments received after 
    this date.
    
    Public Protection Notification
    
        The NRC may not conduct or sponsor, and a person is not required to 
    respond to, a collection of information unless it displays a currently 
    valid OMB control number.
    
    Regulatory Analysis
    
        The Commission has prepared a draft regulatory analysis on this 
    proposed regulation. The analysis examines the costs and benefits of 
    the alternatives considered by the Commission. The draft analysis is 
    available for inspection in the NRC Public Document Room, 2120 L Street 
    NW (Lower Level), Washington, DC. Single copies of the analysis may be 
    obtained from Harry S. Tovmassian at (301) 415-6231.
        The Commission requests public comment on the draft regulatory 
    analysis and the following specific questions.
        1. Are there portions of the operator exams that are common to all 
    licensees, and would therefore be more efficiently developed by the 
    NRC?
        2. Is the conclusion in the regulatory analysis correct that it 
    would be less costly for each licensee to prepare their own initial 
    operator examinations to be reviewed, revised, and administered by the 
    NRC, than to have one NRC contractor prepare these exams for all 
    licensed operators with the costs to be reimbursed by licensee fees.
        Comments on the draft analysis may be submitted to the NRC as 
    indicated under the ADDRESSES heading.
    
    Regulatory Flexibility Certification
    
        In accordance with the Regulatory Flexibility Act of 1980, (5 
    U.S.C. 605(b)), the Commission certifies that this rule will not, if 
    promulgated, have a significant economic impact on a substantial number 
    of small entities. This proposed rule affects only the licensing and 
    operation of nuclear power plants. The companies that own these plants 
    do not fall within the scope of the definition of ``small entities'' 
    set forth in the Regulatory Flexibility Act or the Small Business Size 
    Standards set out in regulations issued by the Small Business 
    Administration at 13 CFR part 121.
    
    Backfit Analysis
    
        The pertinent part of 10 CFR 50.109 (a)(1) defines backfitting as 
    ``the modification of or addition to ... the procedures or organization 
    required to ... operate a facility; any of which may result from a new 
    or amended provision in the Commission rules or the imposition of a 
    regulatory staff position interpreting the Commission rules that is 
    either new or different from a previously applicable staff 
    position....'' Although part 55 addresses the qualifications and 
    requirements for operators' licenses and changes are not per se subject 
    to the backfit rule in part 50, changes to these requirements could be 
    included within the backfit definition of ``procedures or organization 
    required to ... operate a facility.'' However, in this case, the 
    proposed shift of responsibility from the NRC staff (or its 
    contractors) to the facility licensee for developing and administering 
    the initial written examination for the operator license exam would not 
    constitute a ``modification of the procedures required to operate a 
    facility'' within the scope of the backfit rule; therefore, no backfit 
    analysis needs to be prepared.
        The proposed rule does not affect the basic procedures for operator 
    license qualification, i.e., the required training programs, the 
    required testing, the content and format of the exams, the grading of 
    the exams, or the basis for issuing an operator license. The shift in 
    responsibility for preparing the initial exam does not affect the 
    content or format of the exam. The proposed rule is designed to ensure 
    that the format, content, and quality of the initial written 
    examination will not be modified. The proposed rule requires the NRC to 
    provide oversight of facility licensees' development and administration 
    of initial written examinations. The NRC would also retain its 
    discretion to determine whether to administer the initial written 
    examination itself, as well as continuing to determine whether to grant 
    or deny an application for an RO or SRO license and to consider 
    candidates' appeals.
        The licensee's organizational structure required to operate the 
    facility will not be modified. All reactor licensees have a training 
    component as part of their organizational structure, and the proposed 
    rule does not alter that organizational structure. Although, the 
    proposed rule could have an ``effect'' on the licensee's organization, 
    it does not require any modification to the organizational structure.
        Finally, the proposed rule does not impose any new costs on 
    licensees since the NRC's costs to develop examinations are presently 
    recovered in the fee base. These costs are basically the same as the 
    costs that will be incurred by licensees to develop the examinations 
    under the proposed rule.
    
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    List of Subjects in 10 CFR Part 55
    
        Criminal penalties, Manpower training programs, Nuclear power 
    plants and reactors, Reporting and recordkeeping requirements.
        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. 553; the NRC proposes to adopt 
    the following amendments to 10 CFR part 55.
    
    PART 55--OPERATOR'S LICENSES
    
        1. The authority citation for part 55 continues to read as follows:
    
        Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953, as 
    amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
    2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
    1244 (42 U.S.C. 5841, 5842).
        Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
    306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
    also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
    2237).
    
        2. In Sec. 55.8 paragraph (b) is revised to read as follows:
    
    
    Sec. 55.8  Information collection requirements; OMB approval.
    
    * * * * *
        (b) The approved information collection requirements contained in 
    this part appear in Secs. 55.31, 55.40, 55.45, 55.53, and 55.59.
    * * * * *
        3. A new Sec. 55.40 is added to read as follows:
    
    
    Sec. 55.40  Implementation.
    
        (a) Power reactor facility licensees shall --
        (1) Prepare the required site-specific written examinations and 
    operating tests;
        (2) Submit the written examinations and operating tests to the 
    Commission for review and approval; and
        (3) Proctor and grade the NRC-approved site-specific written 
    examinations.
        (b) In lieu of requiring a specific power reactor facility licensee 
    to prepare the examinations and tests or to proctor and grade the site-
    specific written examinations, the Commission may elect to perform 
    those tasks.
        (c) The Commission will prepare and administer the written 
    examinations and operating tests at non-power reactor facilities.
    
        Dated at Rockville, MD. this 31st day of July, 1997.
    
        For the Nuclear Regulatory Commission.
    John C. Hoyle,
    Secretary of the Commission.
    [FR Doc. 97-20645 Filed 8-6-97; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
08/07/1997
Department:
Nuclear Regulatory Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-20645
Dates:
Submit comments by October 21, 1997. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
Pages:
42426-42430 (5 pages)
RINs:
3150-AF62: Initial Operator License Examination Requirements
RIN Links:
https://www.federalregister.gov/regulations/3150-AF62/initial-operator-license-examination-requirements
PDF File:
97-20645.pdf
CFR: (2)
10 CFR 55.8
10 CFR 55.40