83 FR 58509 - Elimination of Immediate Notification Requirements for Non-Emergency Events

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range		58509-58510
FR Document		2018-25273

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking from Bill Pitesa, of the Nuclear Energy Institute (NEI), dated August 2, 2018, requesting that the NRC amend its regulations regarding the immediate notification requirements for operating nuclear power reactors. The petition was docketed by the NRC on September 4, 2018, and has been assigned Docket No. PRM-50-116. The NRC is examining the issues raised in PRM-50-116 to determine whether they should be considered in rulemaking. The NRC is requesting public comment on this petition.

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)

[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Proposed Rules]
[Pages 58509-58510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25273]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / 
Proposed Rules

[[Page 58509]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-116; NRC-2018-0201]


Elimination of Immediate Notification Requirements for Non-
Emergency Events

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; notice of docketing and request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
petition for rulemaking from Bill Pitesa, of the Nuclear Energy 
Institute (NEI), dated August 2, 2018, requesting that the NRC amend 
its regulations regarding the immediate notification requirements for 
operating nuclear power reactors. The petition was docketed by the NRC 
on September 4, 2018, and has been assigned Docket No. PRM-50-116. The 
NRC is examining the issues raised in PRM-50-116 to determine whether 
they should be considered in rulemaking. The NRC is requesting public 
comment on this petition.

DATES: Submit comments by February 4, 2019. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0201. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Doyle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3748; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0201 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0201.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The incoming petition for rulemaking 
is available in ADAMS under Accession No. ML18247A204.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0201 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. The Petitioner

    The petition was submitted by Bill Pitesa on behalf of NEI members. 
Members of NEI include entities licensed to operate commercial nuclear 
power plants in the United States, nuclear plant designers, major 
architect/engineering firms, fuel fabrication facilities, nuclear 
materials licensees, and other organizations and entities involved in 
the nuclear energy industry.

III. The Petition

    The petitioner is requesting that the NRC revise part 50 of title 
10 of the Code of Federal Regulations (10 CFR) to remove non-emergency 
notification requirements from the current regulations. The petitioner 
contends that the elimination of non-emergency notification 
requirements would eliminate duplicative notifications to the NRC and 
reduce unnecessary burden to licensees without presenting any 
incremental risk to public health and safety.

IV. Discussion of the Petition

    The petitioner requests that the NRC revise its regulations in 10 
CFR part 50 to remove the current requirement for licensees to 
immediately report non-emergency events that occur at operating nuclear 
power reactors. The petitioner believes the regulations should be 
revised because licensees currently have procedures for responding to 
non-emergency events

[[Page 58510]]

and ensuring that NRC resident inspectors are notified of non-emergency 
events independent of the requirements in Sec.  50.72. The petitioner 
states that ``duplicative notifications under 10 CFR 50.72 serve no 
safety function and are not needed to prevent or minimize possible 
injury to the public or to allow the NRC to take necessary action.''
    The petitioner suggests that in lieu of the currently required 
notifications, the NRC should establish guidance for the resident 
inspectors that provides consistent and standard expectations for using 
the existing communication protocols that have proven effective from 
the site to the resident inspectors and, from there, on to NRC 
management.
    The petitioner discusses the NRC's stated purpose in promulgating 
the non-emergency event notification requirements in Sec.  50.72 by 
referring to final rules published in the Federal Register. The basis 
and purpose of the current requirements are primarily discussed in 
final rules published in the Federal Register on February 29, 1980 (45 
FR 13434); August 29, 1983 (48 FR 39039); September 10, 1992 (57 FR 
41378); and October 25, 2000 (65 FR 63769).\1\
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    \1\ These final rules are publicly available in the Federal 
Register section of the U.S. Government Publishing Office's govinfo 
website: https://www.govinfo.gov/app/collection/fr.
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V. Request for Comment

    The NRC staff is requesting the public to consider the following 
specific questions when commenting on this petition:
    1. The NRC publishes the event notifications it receives from 
licensees on the NRC's public website every weekday. Do you or does 
your organization regularly review these event notifications? If so, 
please describe your use of this information and explain how the 
elimination of all non-emergency event notification requirements would 
affect you or your organization.
    2. If all non-emergency event notification requirements were 
removed from Sec.  50.72, the NRC would still receive licensee event 
reports within 60 days of discovery of the event as required by Sec.  
50.73 unless there is no corresponding Sec.  50.73 report. These 
reports typically contain a more detailed account of the event and are 
released to the public in ADAMS after receipt. There is no 
corresponding Sec.  50.73 report for Sec.  50.72(b)(2)(xi) for a news 
release or notification to other government agencies, Sec.  
50.72(b)(3)(xii) for transportation of a radioactively contaminated 
person, and Sec.  50.72(b)(3)(xiii) for major loss of emergency 
assessment capability. Would the public release of licensee event 
reports alone meet your needs? Please explain why or why not.
    3. The petitioner asserts that the non-emergency notifications 
under Sec.  50.72 ``create unnecessary burdens for both the licensee 
and the NRC staff, and should be eliminated.'' What specific provisions 
in Sec.  50.72, if any, do you consider to be especially burdensome 
(e.g., the timing requirements for submittal of event notifications, 
certain types of event notifications)? Please provide a supporting 
justification, as appropriate.
    4. The petitioner asserts that Sec.  50.72 non-emergency 
notifications are contrary to the best interests of the public and are 
contrary to the stated purpose of the regulation. Do you agree with 
this assertion? Please explain why or why not.
    5. Are there alternatives to the petitioner's proposed changes that 
would address the concerns raised in the petition while still providing 
timely event information to the NRC and the public? Please provide a 
detailed discussion of any suggested alternatives.

    Dated at Rockville, Maryland, this 14th day of November, 2018.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2018-25273 Filed 11-19-18; 8:45 am]
BILLING CODE 7590-01-P

58510 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Proposed Rules

and ensuring that NRC resident transportation of a radioactively Electronic Comment Filing System
inspectors are notified of non- contaminated person, and (ECFS). See Electronic Filing of
emergency events independent of the § 50.72(b)(3)(xiii) for major loss of Documents in Rulemaking Proceedings,
requirements in § 50.72. The petitioner emergency assessment capability. 63 FR 24121 (1998).
states that ‘‘duplicative notifications Would the public release of licensee • Electronic Filers: Comments may be
under 10 CFR 50.72 serve no safety event reports alone meet your needs? filed electronically using the internet by
function and are not needed to prevent Please explain why or why not. accessing the ECFS: http://apps.fcc.gov/
or minimize possible injury to the 3. The petitioner asserts that the non- ecfs/.
public or to allow the NRC to take emergency notifications under § 50.72
• Paper Filers: Parties who choose to
necessary action.’’ ‘‘create unnecessary burdens for both
file by paper must file an original and
The petitioner suggests that in lieu of the licensee and the NRC staff, and
one copy of each filing. If more than one
the currently required notifications, the should be eliminated.’’ What specific
docket or rulemaking number appears in
NRC should establish guidance for the provisions in § 50.72, if any, do you
the caption of this proceeding, filers
resident inspectors that provides consider to be especially burdensome
must submit two additional copies for
consistent and standard expectations for (e.g., the timing requirements for
each additional docket or rulemaking
using the existing communication submittal of event notifications, certain
number.
protocols that have proven effective types of event notifications)? Please
from the site to the resident inspectors provide a supporting justification, as Æ Filings can be sent by hand or
and, from there, on to NRC appropriate. messenger delivery, by commercial
management. 4. The petitioner asserts that § 50.72 overnight courier, or by first-class or
The petitioner discusses the NRC’s non-emergency notifications are overnight U.S. Postal Service mail. All
stated purpose in promulgating the non- contrary to the best interests of the filings must be addressed to the
emergency event notification public and are contrary to the stated Commission’s Secretary, Office of the
requirements in § 50.72 by referring to purpose of the regulation. Do you agree Secretary, Federal Communications
final rules published in the Federal with this assertion? Please explain why Commission.
Register. The basis and purpose of the or why not. Æ All hand-delivered or messenger-
current requirements are primarily 5. Are there alternatives to the delivered paper filings for the
discussed in final rules published in the petitioner’s proposed changes that Commission’s Secretary must be
Federal Register on February 29, 1980 would address the concerns raised in delivered to FCC Headquarters at 445
(45 FR 13434); August 29, 1983 (48 FR the petition while still providing timely 12th St. SW, Room TW–A325,
39039); September 10, 1992 (57 FR event information to the NRC and the Washington, DC 20554. The filing hours
41378); and October 25, 2000 (65 FR public? Please provide a detailed are 8:00 a.m. to 7:00 p.m. All hand
63769).1 discussion of any suggested alternatives. deliveries must be held together with
Dated at Rockville, Maryland, this 14th day rubber bands or fasteners. Any
V. Request for Comment envelopes and boxes must be disposed
of November, 2018.
The NRC staff is requesting the public For the Nuclear Regulatory Commission. of before entering the building.
to consider the following specific Annette L. Vietti-Cook, Æ Commercial overnight mail (other
questions when commenting on this Secretary of the Commission. than U.S. Postal Service Express Mail
petition: and Priority Mail) must be sent to 9050
[FR Doc. 2018–25273 Filed 11–19–18; 8:45 am]
1. The NRC publishes the event Junction Drive, Annapolis Junction, MD
BILLING CODE 7590–01–P
notifications it receives from licensees 20701.
on the NRC’s public website every Æ U.S. Postal Service first-class,
weekday. Do you or does your Express, and Priority mail must be
organization regularly review these FEDERAL COMMUNICATIONS
COMMISSION addressed to 445 12th Street SW,
event notifications? If so, please Washington DC 20554.
describe your use of this information
47 CFR Part 61 • People with Disabilities: To request
and explain how the elimination of all
materials in accessible formats for
non-emergency event notification [WC Docket Nos. 17–308, 18–276; FCC 18–
142] people with disabilities (braille, large
requirements would affect you or your
print, electronic files, audio format),
organization.
Elimination of Outdated Tariff-Related send an email to fcc504@fcc.gov or call
2. If all non-emergency event
Requirements the Consumer & Governmental Affairs
notification requirements were removed
Bureau at 202–418–0530 (voice), 202–
from § 50.72, the NRC would still AGENCY: Federal Communications 418–0432 (tty).
receive licensee event reports within 60 Commission.
days of discovery of the event as FOR FURTHER INFORMATION CONTACT:
ACTION: Proposed rule.
required by § 50.73 unless there is no Robin Cohn, Wireline Competition
corresponding § 50.73 report. These SUMMARY: The Commission proposes to Bureau, Pricing Policy Division at 202–
reports typically contain a more detailed eliminate outdated tariff-related 418–1540 or at robin.cohn@fcc.gov.
account of the event and are released to requirements that provide little benefit SUPPLEMENTARY INFORMATION: This is a
the public in ADAMS after receipt. while imposing burdens on carriers. summary of the Federal
There is no corresponding § 50.73 report DATES: Comments are due on or before Communications Commission’s Notice
for § 50.72(b)(2)(xi) for a news release or December 20, 2018. Reply comments are of Proposed Rulemaking released
notification to other government due on or before January 4, 2019. October 18, 2018. A full text copy of the
agencies, § 50.72(b)(3)(xii) for ADDRESSES: Interested parties may file Notice of Proposed Rulemaking may be
1 These final rules are publicly available in the
comments and reply comments on or obtained at the following internet
Federal Register section of the U.S. Government
before the dates indicated in the DATES address: https://www.fcc.gov/document/
Publishing Office’s govinfo website: https:// section this document. Comments may fcc-waives-and-seeks-comment-
www.govinfo.gov/app/collection/fr. be filed using the Commission’s eliminating-obsolete-tariff-rules.

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Document Created: 2018-11-20 07:59:10
Document Modified: 2018-11-20 07:59:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Petition for rulemaking; notice of docketing and request for comment.
Dates		Submit comments by February 4, 2019. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
Contact		Daniel Doyle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3748; email: [email protected]
FR Citation		83 FR 58509