[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 <a href="/cdn-cgi/l/email-protection#acc4dfd8ecc2decf82cbc3da"><span class="__cf_email__" data-cfemail="1f776c6b5f716d7c31787069">[email protected]</span></a>.

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. <SUP>1</SUP>
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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 ``<a href="http://
www.nrc.gov">http://
www.nrc.gov</a>.''
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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. <SUP>2</SUP> 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

[[Page 42427]]

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

[[Page 42428]]

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 AXD<a href="/cdn-cgi/l/email-protection#1a295a746879347d756c"><span class="__cf_email__" data-cfemail="c7f487a9b5a4e9a0a8b1">[email protected]</span></a>. For information 
about the interactive rulemaking site, contact

[[Page 42429]]

Ms. Carol Gallagher, (301) 415-5905; e-mail <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a0e3e1e7e0ced2c38ec7cfd68e">[email protected]</a>

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 <a href="/cdn-cgi/l/email-protection#aeccc4dd9feec0dccd80c9c1d8"><span class="__cf_email__" data-cfemail="2f4d455c1e6f415d4c01484059">[email protected]</span></a>; 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.

[[Page 42430]]

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


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