47268 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations

1See also 38 FR 31279 at 31280 (November 13,

1973) (middle column) noting that Paragraph

VI(a)(1) of the final rule was changed to ‘‘eliminate

the requirement that safety-related structures,

systems, and components also be designed to

withstand the effects of vibratory motion of fifty

percent of the Safe Shutdown Earthquake in

combination with other appropriate loads well

within elastic limits.’’ (emphasis added).

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

RIN 3150–AF75

Definition of Safety-Related Structures,

Systems, and Components; Technical

Amendment

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission is amending its regulations

to correct an error in the language of

several sections in the regulations

governing nuclear power plant licensing

that define the term, ‘‘safety-related

structures, systems, and components.’’

These definitions are inconsistent with

the definition in regulations applicable

to the siting of nuclear power plants and

the Commission’s longstanding practice

and interpretation of that term.

EFFECTIVE DATE: This direct final rule is

effective November 7, 1997, unless

significant adverse comments are

received by October 8, 1997. If

significant adverse comments are

received, the effective date will be

delayed and timely notice will be

published in the Federal Register.

ADDRESSES: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and

Adjudications Staff. Hand deliver

comments to 11555 Rockville Pike,

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.

Copies of any comments received may

be examined at the NRC Public

Document Room, 2120 L Street NW

(Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Geary S. Mizuno, Office of General

Counsel, U.S. Nuclear Regulatory

Commission, Washington DC 20555–

0001, telephone (301) 415–1639,; e-mail

GSM@nrc.gov, or Clark Prichard, Office

of Nuclear Regulatory Research, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6203; e-mail CWP@nrc.gov.

SUPPLEMENTARY INFORMATION: This

direct final rule corrects an error in the

language of several regulations in 10

CFR Part 50 defining the term, ‘‘safetyrelated structures, systems, and

components,’’ which is inconsistent

with the concept of ‘‘safety-related

structures, systems, and components’’ in

10 CFR Part 100, Appendix A.

Currently, ‘‘safety-related structures,

systems, and components’’ in 10 CFR

50.2 (Definitions) and 10 CFR 50.65

(Maintenance Rule), and ‘‘safety-related

electrical equipment’’ in 10 CFR 50.49

(Environmental Qualifications Rule) are

defined as those structures, systems and

components that are relied upon to

remain functional during and following

design basis events to ensure:

(1) The integrity of the reactor coolant

pressure boundary,

(2) The capability to shut down the

reactor and maintain it in a safe

shutdown condition, and

(3) The capability to prevent or

mitigate the consequences of accidents

which could result in potential offsite

exposures comparable to the applicable

guideline exposures set forth in

§ 50.34(a)(1) or § 100.11 of this chapter,

as applicable. (emphasis added)

The corrections would replace the

conjunctive word, ‘‘and,’’ by the

disjunctive word, ‘‘or,’’ in these

regulations, thereby clarifying that a

structure, system, or component which

falls into any one (or more) of the three

categories set forth in the definition

shall be regarded as ‘‘safety-related.’’

The correction would also delete the

word, ‘‘postulated,’’ in the definition of

safety-related structures, systems, and

components’ in 10 CFR 50.2. The

corrections do not constitute a change in

Commission policy with respect to the

scope of structures, systems, and

components to be regarded as ‘‘safetyrelated.’’ Rather, the corrections will

conform the language in 10 CFR 50.2,

50.49 and 50.65 to the language in 10

CFR Part 100, Appendix A, where the

concept of ‘‘safety-related structures,

systems and components’’ was first

incorporated into the Commission’s

regulations.

In 10 CFR Part 100, Appendix A,

which sets forth the seismic design

requirements for nuclear power plants,

the nuclear power plant applicant must

determine the design basis for vibratory

ground motion from the ‘‘Safe

Shutdown Earthquake’’ (SSE). Once the

SSE is determined, the nuclear power

plant must be designed such that ‘‘if a

Safe Shutdown Earthquake occurs,

certain structures, systems and

components will remain functional.’’

Id., Subparagraph VI.(a)(1). The

regulation then defines these structures,

systems and components which must be

designed to withstand the SSE as those

necessary to assure:

(i) The integrity of the reactor coolant

pressure boundary,

(ii) The capability to shut down the

reactor and maintain it in a safe

shutdown condition, or

(iii) The capability to prevent or

mitigate the consequences of accidents

which could result in potential offsite

exposures comparable to the guideline

exposures of this part.’’ (emphasis

added).

Id., see also 10 CFR Part 100,

Appendix A, Section III, definition of

‘‘safe shutdown earthquake.’’ The

regulation then denotes these structures,

systems and components as ‘‘safetyrelated.’’ 10 CFR Part 100, Appendix A,

Subparagraph VI.(a)(1)(second textual

paragraph).1

The first regulation in 10 CFR Part 50

utilizing the term, ‘‘safety-related’’ was

10 CFR Part 50, Appendix B, the

introduction of which stated that the

requirements of the appendix applied to

the ‘‘safety-related functions’’ of

structures, systems, and components

which prevent or mitigate the

consequences of postulated accidents.

However, Appendix B did not actually

include a definition of ‘‘safety-related’’.

The first regulation in 10 CFR Part 50

to include a definition of ‘‘safety-related

structures, systems, and components’’

was 10 CFR 50.49. As originally

promulgated, § 50.49((b)(1) defined

‘‘safety-related equipment’’ as those

necessary ‘‘to ensure:

(i) The integrity of the reactor coolant

pressure boundary,

(ii) The capability to shut down the

reactor and maintain it in a safe

condition, and

(iii) The capability to prevent or

mitigate the consequences of accidents

which could result in potential offsite

exposures comparable to the 10 CFR

Part 100 guidelines.’’ (emphasis added)

(48 FR 2729; January 21, 1983).

Thus, the core definition of ‘‘safetyrelated equipment’’ in 10 CFR 50.49 was

essentially the same as the definition of

‘‘safety-related structures, systems, and

components’’ in 10 CFR Part 100,

Appendix A. However, nothing in the

statements of considerations for the

proposed or final 10 CFR 50.49 explains

why the ‘‘or’’ in the core definition of

‘‘safety related’’ was changed to ‘‘and.’’

See 47 FR 2876; January 20, 1982—

proposed rule and 48 FR 2729; January

21, 1983—final rule. Nor was there any

discussion in the statements of
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47269

considerations which would suggest

that the Commission intended to narrow

the scope of structures, systems and

components that would be considered

‘‘safety-related.’’ Indeed, language in

Revision 1 to Regulatory Guide (RG)

1.89, ‘‘Environmental Qualification of

Certain Electrical Equipment Important

to Safety for Nuclear Power Plants’’

(June 1984) strongly suggests that the

use of the conjunctive word, ‘‘and’’ was

an error and was not intended to change

the fundamental scope of safety-related

structures, systems and components.

Appendix A to RG 1.89, ‘‘Typical

Safety-Related Electrical Equipment or

System,’’ purports to list systems and

equipment that are ‘‘safety-related.’’

However, none of the equipment and

systems actually listed as being ‘‘safetyrelated’’ would meet the definition of

safety-related structures, systems and

components if the conjunctive ‘‘and’’

were interpreted to require all three

criteria in the ‘‘safety-related’’ definition

to be satisfied. Moreover, a footnote to

Appendix A of RG 1.89 states:

Paragraph 50.49(b)(1) identifies safetyrelated electrical equipment as a subset of

electrical equipment important to safety and

defines it as the equipment that is relied

upon to remain functional during and

following design basis events to ensure (1)

the integrity of the reactor coolant pressure

boundary, (2) the capability to shut down the

reactor and maintain it in a safe condition,

or (3) the capability to prevent or mitigate the

consequences of accidents which could

result in potential offsite exposures

comparable to the 10 CFR Part 100

guidelines. (emphasis added)

That the RG uses the disjunctive ‘‘or’’

when describing the underlying

regulatory requirement of 10 CFR 50.49

is a strong indication that the NRC did

not intend to change the scope of

structures, systems, and components

deemed to be ‘‘safety-related,’’ and that

the use of the conjunctive word, ‘‘and,’’

was a grammatical error.

The conjunctive word, ‘‘and,’’ was

subsequently used in the Maintenance

Rule, 10 CFR 50.65, to describe the

structures, systems, and components

subject to the rule, as well as in the

definition of ‘‘safety-related structures,

systems, and components’’ contained in

10 CFR 50.2, which was added by a

1996 rulemaking amending Parts 50 and

100. Because the statements of

considerations for the proposed and

final rules did not contain any

discussion of the ‘‘safety-related’’

definition, the Commission concludes

that the subsequent rules simply

repeated the definition used in 10 CFR

50.49 without intending any change in

the scope of safety-related structures,

systems, and components. See 53 FR

47822 (November 28, 1988—proposed

Maintenance Rule); 56 FR 31324 (July

10, 1991—final Maintenance Rule); 57

FR 47802 (October 20, 1992—first

proposed rule amending parts 50 and

100); 59 FR 52255 (October 17, 1994—

second proposed rule amending parts 50

and 100); and 61 FR 65171 (December

11, 1996—final rule amending parts 50

and 100).

The final rule amending 10 CFR Parts

50 and 100, which inter alia added the

definition of ‘‘safety-related structures,

systems, and components to 10 CFR

50.2, also added the word, ‘‘postulated,’’

to the term, ‘‘design basis events,’’ so

that the term reads, ‘‘design basis

(postulated) events.’’ Nothing in the

statements of consideration for the first

or second proposed rules, or the final

rule, explains the addition of the word,

‘‘postulated,’’ in the Section 50.2

definition of ‘‘safety-related structures,

systems, and components while leaving

it out of the definitions of ‘‘safetyrelated structures, systems, and

components’’ in 10 CFR 50.65 and 10

CFR Part 100, Appendix A, and ‘‘safetyrelated electrical equipment’’ in 10 CFR

50.49. Therefore, the Commission also

concludes that the addition of the word,

‘‘postulated’’ was an error and should be

removed to conform the definition of

‘‘safety-related structures, systems, and

components’’ to the long-standing

wording of that term.

For these reasons, the Commission

has determined that the amendments to

10 CFR 50.2, 50.49, and 50.65 are of a

corrective nature, and do not involve

any change in existing policy or

otherwise constitute a new policy with

respect to the scope of structures,

systems, and components considered to

be ‘‘safety-related.’’ Furthermore, since

these amendments clarify the original

intent of the Commission, they can be

considered to be an interpretation of

existing regulations. Accordingly, the

Commission finds that public notice

and opportunity for comment are

unnecessary pursuant to 10 U.S.C.

553(b)(3)(A) and (B), and the

Commission is publishing this rule in

final form without first seeking public

comments on the amendment in a

proposed rule. However, if the NRC

receives significant adverse comment by

[30 days after publication], the NRC will

publish a notice in the Federal Register

that withdraws this action, and will

address the comments received in

response to this direct final rule as

comments on a proposed rule (identical

to this direct final rule) that is being

concurrently published in the proposed

rules section of this Federal Register.

Any significant adverse comments will

be deemed to be comments on the

proposed rule and will be addressed in

a subsequent final rule. The NRC will

not initiate a second comment period on

this action.

Criminal Penalties

For purposes of Section 223 of the

Atomic Energy Act of 1954, as amended

(AEA), the Commission is issuing the

direct final rule under one or more of

sections 161b, 161i, or 161o of the AEA.

Willful violations of the direct final rule

are subject to criminal enforcement.

Electronic Access

Comments may be submitted

electronically, in either ASCII text or

Word Perfect format (version 5.1), by

calling the NRC Electronic Bulletin

Board 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 for

downloading and viewing on the

bulletin board.

If using a personal computer and

modem, the NRC subsystem on

FedWorld can be accessed directly by

dialing the toll-free number: 1–800–

303–9672. Communications software

parameters 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 subsystems can then be

accessed by selecting the ‘‘Rules Menu’’

option from the ‘‘NRC Main Menu.’’ For

further information about options

available for NRC at FedWorld, consult

the ‘‘Help/Information Center’’ from the

‘‘NRC Main Menu.’’ Users will find the

‘‘FedWorld Online User’s Guides’’

particularly helpful. Many NRC

subsystems and databases 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; Telnet via Internet:

fedworld.gov (192.239.93.3); File

Transfer Protocol (FTP) via

Internet:ftp:fedworld.gov

(192.239.92.205); and World Wide Web

using: http://www.fedworld.gov (this is

the Uniform Resource Locator (URL)).

If using a method other than the tollfree number to contact FedWorld, access

the NRC subsystem from the main

FedWorld menu by selecting ‘‘F—

Regulatory, Government Administration

and State Systems,’’ then selecting ‘‘A—

Regulatory Information Mall.’’ At that

point, a menu will be displayed that has
47270 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations

an option ‘‘A—U.S. Nuclear Regulatory

Commission’’ that will take you to the

NRC Online Main Menu. You can also

go directly to the NRC Online area by

typing ‘‘/go nrc’’ at a FedWorld

command line. If you access NRC from

FedWorld’s Main Menu, then 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, then 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 included. There is a 15-

minute time limit for FTP access.

Although FedWorld 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,

U.S. Nuclear Regulatory Commission,

Telephone: 301–415–5780; e-mail:

AXD3@nrc.gov. For information about

the interactive rulemaking site, contact

Ms. Carol Gallagher, (301) 415–6215; email CAG@nrc.gov.

Environmental Impact: Categorical

Exclusion

The Commission has determined that

this direct final rule is the type of action

described in categorical exclusion 10

CFR 51.22(c)(2), since this direct final

rule makes amendments to the

regulations which are corrective and

nonpolicy in nature. Therefore, neither

an environmental impact statement nor

an environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This direct final rule does not contain

a new or significantly amended

information collection requirement

subject to the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501, et seq.).

Existing requirements were approved by

the Office of Management and Budget,

approval number 3150–0011.

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 not prepared a

regulatory analysis for this action

because this direct final rule does not

present new or revised positions,

impose a new requirement, or

recommend new action.

Regulatory Flexibility Certification

As required by the Regulatory

Flexibility Act of 1980 (5 U.S.C. 605(b)),

the Commission certifies that this rule

will not have a significant economic

impact on small entities. This rule

affects only the 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

adopted by the NRC (10 CFR 2.810).

Since these companies are dominant in

their service areas, this rule does not fall

within the purview of the Act.

Backfit Analysis

The direct final rule does not impose

any change on licensees with respect to

the term, ‘‘safety-related structures,

systems and components.’’ Rather, it

provides a definition of ‘‘safety-related

structures, systems and components’’

throughout 10 CFR Part 50 that is

identical to the definition contained in

10 CFR Part 100, Appendix A, the

NRC’s first regulation defining ‘‘safetyrelated structures, systems and

components,’’ which provides that

‘‘safety-related’’ structures, systems and

components are those that possess any

one of the three numbered attributes

listed in the definition. This definition

is consistent with both the NRC’s and

nuclear power plant licensees’

longstanding understanding that the

term, ‘‘safety-related structures, systems

and components’’ includes those

structures, systems and components that

possess any one of the three listed

attributes. Therefore, the NRC has

determined that the Backfit Rule, 10

CFR 50.109, does not apply to this

direct final rule because it does not

impose any backfits as defined in 10

CFR 50.109(a)(1), and a backfit analysis

has not been prepared for this direct

final rule.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

‘‘major rule’’ and has verified this

determination with the Office of

Information and Regulatory Affairs,

Office of Management and Budget.

List of Subjects in 10 CFR Part 50

Antitrust, Classified information,

Criminal penalties, Fire protection,

Intergovernmental relations, Nuclear

power plants and reactors, Radiation

protection, Reactor siting criteria,

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. 552 and 553,

the NRC is adopting the following

amendments to 10 CFR Part 50.

PART 50—DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

1. The authority citation for Part 50

continues to read as follows:

Authority: Secs. 102, 103, 104, 105, 161,

182, 183, 186, 189, 68 Stat. 936, 937, 938,

948, 953, 954, 955, 956, as amended, sec.

234, 83 Stat. 1244, as amended (42 U.S.C.

2132, 2133, 2134, 2135, 2201, 2232, 2233,

2236, 2239, 2282); secs. 201, as amended,

202, 206, 88 Stat. 1242, as amended, 1244,

1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95–

601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).

Section 50.10 also issued under secs. 101,

185, 68 Stat. 955 as amended (42 U.S.C. 2131,

2235), sec. 102, Pub. L. 91–190, 83 Stat. 853

(42 U.S.C. 4332). Sections 50.13, and

50.54(dd), and 50.103 also issued under sec.

108, 68 Stat. 939, as amended (42 U.S.C.

2138). Sections 50.23, 50.35, 50.55, and 50.56

also issued under sec. 185, 68 Stat. 955 (42

U.S.C. 2235). Sections 50.33a, 50.55a and

Appendix Q also issued under sec. 102, Pub.

L. 91–190, 83 Stat. 853 (42 U.S.C. 4332).

Sections 50.34 and 50.54 also issued under

sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).

Sections 50.58, 50.91, and 50.92 also issued

under Pub. L. 97–415, 96 Stat. 2073 (42

U.S.C. 2239). Section 50.78 also issued under

sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

Sections 50.80—50.81 also issued under sec.

184, 68 Stat. 954, as amended (42 U.S.C.

2234). Appendix F also issued under sec.

187, 68 Stat. 955 (42 U.S.C 2237).

2. In § 50.2, the definition of safetyrelated structures, systems and

components is revised to read as

follows:
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Rules and Regulations 47271

§ 50.2 Definitions.

* * * * *

Safety-related structures, systems and

components means those structures,

systems and components that are relied

upon to remain functional during and

following design basis events to assure:

(1) The integrity of the reactor coolant

pressure boundary

(2) The capability to shut down the

reactor and maintain it in a safe

shutdown condition; or

(3) The capability to prevent or

mitigate the consequences of accidents

which could result in potential offsite

exposures comparable to the applicable

guideline exposures set forth in

§ 50.34(a)(1) or § 100.11 of this chapter,

as applicable.

* * * * *

3. In § 50.49, paragraph (b)(1)(i)(B) is

revised to read as follows:

§ 50.49 Environmental qualification of

electric equipment important to safety for

nuclear power plants.

* * * * *

(b) * * *

(1) * * *

(i) * * *

(B) The capability to shut down the

reactor and maintain it in a safe

shutdown condition; or

* * * * *

4. In § 50.65, paragraph (b)(1) is

revised to read as follows:

§ 50.65 Requirements for monitoring the

effectiveness of maintenance at nuclear

power plants.

* * * * *

(b) * * *

(1) Safety-related structures, systems

and components that are relied upon to

remain functional during and following

design basis events to ensure the

integrity of the reactor coolant pressure

boundary, the capability to shut down

the reactor and maintain it in a safe

shutdown condition, or the capability to

prevent or mitigate the consequences of

accidents that could result in potential

offsite exposure comparable to the

guidelines in § 50.34(a)(1) or § 100.11 of

this chapter, as applicable.

* * * * *

Dated at Rockville, MD, this 5th day of

August, 1997.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 97–23611 Filed 9–5–97; 8:45 am]

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