Risk Assessment Methodologies at Defense Nuclear Facilities, 40572-40573 [E9-19245]
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and Ross agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
DEFENSE NUCLEAR FACILITIES
SAFETY BOARD
Ross Stores, Inc.
Dated: 6/25/09
By:
Mark LeHocky,
Senior Vice President
General Counsel & Corporate Secretary
ROSS STORES, INC.
4440 Rosewood Drive
Pleasanton, CA 94588
Dated: 6/26/09
By:
Jeffrey B. Margulies,
Fulbright & Jaworski L.L.P.
555 South Flower Street, Forty-First Floor
Los Angeles, CA 90071
Counsel for Ross Stores, Inc.
U.S. CONSUMER PRODUCT SAFETY
COMMISSION STAFF
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel,
Office of the General Counsel.
Dated: 6/29/09
By:
Renee K. Haslett,
Trial Attorney
Division of Compliance,
Office of the General Counsel.
AGENCY: Defense Nuclear Facilities
Safety Board.
ACTION: Notice, recommendation.
jlentini on DSKJ8SOYB1PROD with NOTICES
Upon consideration of the Settlement
Agreement entered into between Ross Stores,
Inc. (‘‘Ross’’) and the U.S. Consumer Product
Safety Commission (‘‘Commission’’) staff,
and the Commission having jurisdiction over
the subject matter and over Ross, and it
appearing that the Settlement Agreement and
the Order are in the public interest, it is
ordered, that the Settlement Agreement be,
and hereby is, accepted; and it is
further ordered, that Ross shall pay a civil
penalty in the amount of five hundred
thousand dollars ($500,000.00) within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement. The payment shall be made by
check payable to the order of the United
States Treasury. Upon the failure of Ross to
make the foregoing payment when due,
interest on the unpaid amount shall accrue
and be paid by Ross at the federal legal rate
of interest set forth at 28 U.S.C. 1961(a) and
(b).
Provisionally accepted and provisional
Order issued on the 5th day August, 2009.
BY ORDER OF THE COMMISSION:
lllllllllllllllllllll
Todd A. Stevenson, Secretary
U.S. Consumer Product Safety Commission
[FR Doc. E9–19370 Filed 8–11–09; 8:45 am]
VerDate Nov<24>2008
16:38 Aug 11, 2009
Jkt 217001
Risk Assessment Methodologies at
Defense Nuclear Facilities
SUMMARY: The Defense Nuclear
Facilities Safety Board has made a
recommendation to the Secretary of
Energy pursuant to 42 U.S.C. 2286a(a)(5)
which identifies the need for adequate
policies and associated standards and
guidance on the use of quantitative risk
assessment methodologies at the
Department of Energy’s (DOE) defense
nuclear facilities.
DATES: Comments, data, views, or
arguments concerning the
recommendation are due on or before
September 11, 2009.
ADDRESSES: Send comments, data,
views, or arguments concerning this
recommendation to: Defense Nuclear
Faculties Safety Board, 625 Indiana
Avenue, NW., Suite 700, Washington,
DC 20004–2001.
FOR FURTHER INFORMATION CONTACT:
Brian Grosner or Andrew L. Thibadeau
at the address above or telephone
number (202–694–7000).
In the Matter of Ross Stores, Inc.; Order
BILLING CODE 6355–01–P
[Recommendation 2009–1]
Dated: August 5, 2009.
Joseph F. Bader,
Acting Vice Chairman.
RECOMMENDATION 2009–1 TO THE
SECRETARY OF ENERGY
Risk Assessment Methodologies at Defense
Nuclear Facilities Pursuant to 42 U.S.C.
2286(a)(5), Atomic Energy Act of 1954, As
Amended
Dated: July 30, 2009.
Overview
Quantitative risk assessment techniques
are widely used to improve the safety of
complex engineering systems. Such
techniques have been relied upon in the
nuclear industry for decades. One of the
seminal documents, known as WASH–1400,
used an event-tree, fault-tree methodology to
assess the risk of accidents at nuclear power
reactors operating in the United States.1
Today, the U.S. Nuclear Regulatory
Commission (NRC) employs a more
sophisticated set of risk assessment tools and
methodologies.2 Likewise, the National
Aeronautics and Space Administration
(NASA) has developed and implemented a
1 The Reactor Safety Study, October 1975
(sometimes known as the ‘‘Rasmussen Report’’).
2 The NRC approach is summarized at https://
www.nrc.gov/about-nrc/regulatory/riskinformed.html.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
detailed policy on the use of quantitative risk
assessment for its missions.3
The Department of Energy (DOE) has
historically endorsed a ‘‘bounding’’ or
deterministic approach to hazard and
accident analysis, which continues to have
important applications at defense nuclear
facilities. Beginning in the early 1990s, the
Defense Nuclear Facilities Safety Board
(Board) observed increasing use of
quantitative risk assessment techniques by
DOE. This increased use was not viewed by
the Board as objectionable in itself; the
Board’s concern was that DOE was using
quantitative risk assessment methods without
having in place a clear policy and set of
procedures to govern the application of these
methods at facilities that perform work
ranging from assembly and disassembly of
nuclear weapons to nuclear waste processing
and storage operations. For this reason, the
Board wrote to the Secretary of Energy on
April 5, 2004, and made the following
observation:
‘‘[T]he Board has reviewed the DOE’s use
of risk management tools at defense nuclear
facilities. This review revealed that DOE and
its contractors have employed risk
assessment in a variety of activities,
including the development of documented
safety analyses and facility-level decision
making. The level of formality of these
assessments varies over a wide range. The
Board’s review also revealed that DOE does
not have mechanisms (such as standards or
guides) to control the use of risk management
tools nor does it have an internal
organization assigned to maintain cognizance
and ensure the adequacy and consistency of
risk assessments. Finally, the Board’s review
showed that other Federal agencies involved
in similar high-risk activities (e.g., National
Aeronautics and Space Administration, U.S.
Nuclear Regulatory Commission) have, to
varying degrees, formalized the use of
quantitative risk assessment in their
operations and decision-making activities.
These agencies have relevant standards and
defined organizational elements, procedures,
and processes for the development and use
of risk management tools.’’
On this basis, the Board requested that the
Secretary ‘‘brief the Board within 60 days of
receipt of this letter as to DOE’s ongoing and
planned programs and policies for assessing,
prioritizing, and managing risk.’’
The Board’s initial concerns on this issue
have been reiterated in letters dated
November 23, 2005, and May 16, 2007. In the
Board’s 2006 Annual Report to Congress, the
section on Risk Assessment Methodologies
noted ‘‘the slow pace of its development,’’
and the 2008 report noted that ‘‘all progress
[has come] to a halt.’’ The Board’s most
recent annual report stated that at ‘‘a time
when governments, financial institutions and
industries worldwide are expediting the
implementation of enterprise-wide risk
governance programs, DOE’s slow pace for
developing a policy is of serious concern.’’
DOE’s most recent correspondence on this
issue, dated January 9, 2007, outlined plans
3 NASA’s policies and methods can be found at
https://www.hq.nasa.gov/office/codeq/risk/
index.htm.
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices
and progress toward developing a policy and
accompanying guidance document on the use
of risk assessment at defense nuclear
facilities. This DOE letter indicated that the
draft policy and guidance document would
be ready for submittal to the DOE directives
system in March 2007. Despite periodic
meetings with the Board’s staff and briefings
to the Board, as of July 2009, the draft policy
and guidance document has not been entered
into the DOE Directives system, and nearterm resolution of the issue is not evident.
Without such a policy, DOE has little basis
to accept the validity of existing risk
management tools that use quantitative risk
assessment. This is particularly important
since the managers of DOE’s field elements
are allowed to accept the safety risks that
high-hazard operations pose toward workers
and the public based on widely varying
levels of assessments.
Though Title 10, Part 830 of the Code of
Federal Regulations (10 CFR 830, Nuclear
Safety Management) and its associated
quality assurance considerations govern
nuclear safety evaluations at a fundamental
level, these existing requirements are not of
sufficient specificity to guide the use of
complex quantitative risk assessments. The
continued pursuit of ad hoc applications of
risk assessment in the absence of adequate
DOE policy and guidance is contrary to the
standards-based approach to nuclear safety
espoused by DOE and endorsed by the
Board.4
Recommendation
jlentini on DSKJ8SOYB1PROD with NOTICES
Therefore, the Board recommends that
DOE:
1. Establish a policy on the use of
quantitative risk assessment for nuclear
safety applications.
2. Consistent with this policy, establish
requirements and guidance in a DOE
directive or directives that prescribe controls
over the quality, use, implementation, and
applicability of quantitative risk assessment
in the design and operation of defense
nuclear facilities.
3. Evaluate current ongoing uses of
quantitative risk assessment methodologies at
defense nuclear facilities to determine if
interim guidance or special oversight is
warranted pending the development of
formal policy and guidance.
4. Establish a requirement to identify
deficiencies and gaps in ongoing applications
of quantitative risk assessment along with the
additional research necessary to fill those
gaps in support of the development and
implementation of the final policy and
guidance.
A. J. Eggenberger,
Chairman.
[FR Doc. E9–19245 Filed 8–11–09; 8:45 am]
BILLING CODE 3670–01–P
4 The Board’s Recommendation 2008–1 is
similarly directed at DOE’s use of a safety
methodology (in this case, classifying fire
protection systems as safety-class or safetysignificant) in advance of developing criteria and
guidance.
VerDate Nov<24>2008
16:38 Aug 11, 2009
Jkt 217001
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Record of Decision for
Undersea Warfare Training Range
Department of the Navy, DOD.
ACTION: Notice of record of decision.
AGENCY:
SUMMARY: The United States (U.S.)
Department of the Navy (Navy), after
carefully weighing the environmental
consequences of the installation and
operation of the proposed action,
announces its decision to develop an
undersea warfare training range
(USWTR) within the Preferred
Alternative Site, the Jacksonville
Operating Area (JAX OPAREA). At this
time the Navy is implementing only a
portion of the proposed action, a
decision to move forward with
installation of the USWTR, which
consists of installing undersea cables
and up to 300 nodes over a 500 squarenautical-mile area of the ocean. This
location is approximately 50 nm from
the northeast coast of Florida. The
underwater nodes will be linked by
underwater cable to a cable termination
facility located ashore on Naval Station
Mayport, Florida.
Although both the installation phase
and training phase of the USWTR are
fully analyzed in the Final Overseas
Environmental Impact Statement/
Environmental Impact Statement (OEIS/
EIS), and informs the decision as to the
site selected for installation of the
USWTR, this Record of Decision (ROD)
implements only a portion of the
proposed action by authorizing the
installation of the USWTR. Because the
USWTR is not anticipated to be ready
for operation until at least 2014, the
analysis regarding the environmental
effects from training on the range will be
updated in a future OEIS/EIS document
closer in time to the date when the
training will begin. The principal type
of training activities on the USWTR will
be anti-submarine warfare. The decision
to implement training on USWTR will
be based on the updated analysis of
environmental effects in a future OEIS/
EIS in conjunction with appropriate
coordination and consultation with the
National Marine Fisheries Service.
SUPPLEMENTARY INFORMATION: The
complete text of the ROD is available on
the public web site: https://
projects.earthtech.com/uswtr/
USWTR_index.htm along with the
complete Final OEIS/EIS and
accompanying documentation. Single
copies of the ROD will be made
available upon request by contacting
Naval Facilities Engineering Command
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
40573
Atlantic, Attn: USWTR OEIS/EIS Project
Manager, Code EV22LL, 6506 Hampton
Boulevard, Lafayette River Annex
Building A, Norfolk, Virginia 23508–
1278.
Dated: August 5, 2009.
A.M. Vallandingham,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. E9–19346 Filed 8–11–09; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
AGENCY: Department of Education.
SUMMARY: The Director, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management, invites
comments on the proposed information
collection requests as required by the
Paperwork Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before October
13, 2009.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Director,
Information Collection Clearance
Division, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g. new, revision, extension, existing or
reinstatement; (2) Title; (3) Summary of
the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
E:\FR\FM\12AUN1.SGM
12AUN1
Agencies
[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Notices]
[Pages 40572-40573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19245]
=======================================================================
-----------------------------------------------------------------------
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
[Recommendation 2009-1]
Risk Assessment Methodologies at Defense Nuclear Facilities
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Notice, recommendation.
-----------------------------------------------------------------------
SUMMARY: The Defense Nuclear Facilities Safety Board has made a
recommendation to the Secretary of Energy pursuant to 42 U.S.C.
2286a(a)(5) which identifies the need for adequate policies and
associated standards and guidance on the use of quantitative risk
assessment methodologies at the Department of Energy's (DOE) defense
nuclear facilities.
DATES: Comments, data, views, or arguments concerning the
recommendation are due on or before September 11, 2009.
ADDRESSES: Send comments, data, views, or arguments concerning this
recommendation to: Defense Nuclear Faculties Safety Board, 625 Indiana
Avenue, NW., Suite 700, Washington, DC 20004-2001.
FOR FURTHER INFORMATION CONTACT: Brian Grosner or Andrew L. Thibadeau
at the address above or telephone number (202-694-7000).
Dated: August 5, 2009.
Joseph F. Bader,
Acting Vice Chairman.
RECOMMENDATION 2009-1 TO THE SECRETARY OF ENERGY
Risk Assessment Methodologies at Defense Nuclear Facilities
Pursuant to 42 U.S.C. 2286(a)(5), Atomic Energy Act of 1954, As
Amended
Dated: July 30, 2009.
Overview
Quantitative risk assessment techniques are widely used to
improve the safety of complex engineering systems. Such techniques
have been relied upon in the nuclear industry for decades. One of
the seminal documents, known as WASH-1400, used an event-tree,
fault-tree methodology to assess the risk of accidents at nuclear
power reactors operating in the United States.\1\ Today, the U.S.
Nuclear Regulatory Commission (NRC) employs a more sophisticated set
of risk assessment tools and methodologies.\2\ Likewise, the
National Aeronautics and Space Administration (NASA) has developed
and implemented a detailed policy on the use of quantitative risk
assessment for its missions.\3\
---------------------------------------------------------------------------
\1\ The Reactor Safety Study, October 1975 (sometimes known as
the ``Rasmussen Report'').
\2\ The NRC approach is summarized at https://www.nrc.gov/about-nrc/regulatory/risk-informed.html.
\3\ NASA's policies and methods can be found at https://www.hq.nasa.gov/office/codeq/risk/index.htm.
---------------------------------------------------------------------------
The Department of Energy (DOE) has historically endorsed a
``bounding'' or deterministic approach to hazard and accident
analysis, which continues to have important applications at defense
nuclear facilities. Beginning in the early 1990s, the Defense
Nuclear Facilities Safety Board (Board) observed increasing use of
quantitative risk assessment techniques by DOE. This increased use
was not viewed by the Board as objectionable in itself; the Board's
concern was that DOE was using quantitative risk assessment methods
without having in place a clear policy and set of procedures to
govern the application of these methods at facilities that perform
work ranging from assembly and disassembly of nuclear weapons to
nuclear waste processing and storage operations. For this reason,
the Board wrote to the Secretary of Energy on April 5, 2004, and
made the following observation:
``[T]he Board has reviewed the DOE's use of risk management
tools at defense nuclear facilities. This review revealed that DOE
and its contractors have employed risk assessment in a variety of
activities, including the development of documented safety analyses
and facility-level decision making. The level of formality of these
assessments varies over a wide range. The Board's review also
revealed that DOE does not have mechanisms (such as standards or
guides) to control the use of risk management tools nor does it have
an internal organization assigned to maintain cognizance and ensure
the adequacy and consistency of risk assessments. Finally, the
Board's review showed that other Federal agencies involved in
similar high-risk activities (e.g., National Aeronautics and Space
Administration, U.S. Nuclear Regulatory Commission) have, to varying
degrees, formalized the use of quantitative risk assessment in their
operations and decision-making activities. These agencies have
relevant standards and defined organizational elements, procedures,
and processes for the development and use of risk management
tools.''
On this basis, the Board requested that the Secretary ``brief
the Board within 60 days of receipt of this letter as to DOE's
ongoing and planned programs and policies for assessing,
prioritizing, and managing risk.''
The Board's initial concerns on this issue have been reiterated
in letters dated November 23, 2005, and May 16, 2007. In the Board's
2006 Annual Report to Congress, the section on Risk Assessment
Methodologies noted ``the slow pace of its development,'' and the
2008 report noted that ``all progress [has come] to a halt.'' The
Board's most recent annual report stated that at ``a time when
governments, financial institutions and industries worldwide are
expediting the implementation of enterprise-wide risk governance
programs, DOE's slow pace for developing a policy is of serious
concern.''
DOE's most recent correspondence on this issue, dated January 9,
2007, outlined plans
[[Page 40573]]
and progress toward developing a policy and accompanying guidance
document on the use of risk assessment at defense nuclear
facilities. This DOE letter indicated that the draft policy and
guidance document would be ready for submittal to the DOE directives
system in March 2007. Despite periodic meetings with the Board's
staff and briefings to the Board, as of July 2009, the draft policy
and guidance document has not been entered into the DOE Directives
system, and near-term resolution of the issue is not evident.
Without such a policy, DOE has little basis to accept the validity
of existing risk management tools that use quantitative risk
assessment. This is particularly important since the managers of
DOE's field elements are allowed to accept the safety risks that
high-hazard operations pose toward workers and the public based on
widely varying levels of assessments.
Though Title 10, Part 830 of the Code of Federal Regulations (10
CFR 830, Nuclear Safety Management) and its associated quality
assurance considerations govern nuclear safety evaluations at a
fundamental level, these existing requirements are not of sufficient
specificity to guide the use of complex quantitative risk
assessments. The continued pursuit of ad hoc applications of risk
assessment in the absence of adequate DOE policy and guidance is
contrary to the standards-based approach to nuclear safety espoused
by DOE and endorsed by the Board.\4\
---------------------------------------------------------------------------
\4\ The Board's Recommendation 2008-1 is similarly directed at
DOE's use of a safety methodology (in this case, classifying fire
protection systems as safety-class or safety-significant) in advance
of developing criteria and guidance.
---------------------------------------------------------------------------
Recommendation
Therefore, the Board recommends that DOE:
1. Establish a policy on the use of quantitative risk assessment
for nuclear safety applications.
2. Consistent with this policy, establish requirements and
guidance in a DOE directive or directives that prescribe controls
over the quality, use, implementation, and applicability of
quantitative risk assessment in the design and operation of defense
nuclear facilities.
3. Evaluate current ongoing uses of quantitative risk assessment
methodologies at defense nuclear facilities to determine if interim
guidance or special oversight is warranted pending the development
of formal policy and guidance.
4. Establish a requirement to identify deficiencies and gaps in
ongoing applications of quantitative risk assessment along with the
additional research necessary to fill those gaps in support of the
development and implementation of the final policy and guidance.
A. J. Eggenberger,
Chairman.
[FR Doc. E9-19245 Filed 8-11-09; 8:45 am]
BILLING CODE 3670-01-P