Abnormal Occurrence Reports, 49177-49181 [2015-20260]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules records’’ is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and nonimmigrant aliens. The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is claimed. DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/CBP–001 Import Information System System of Records. No exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels to visit the United States, nor shall an exemption be asserted with respect to the resulting determination (authorized to travel, not authorized to travel, pending). Some information in DHS/CBP–001 Import Information System System of Records relates to official DHS national security, law enforcement or intelligence activities. This system may contain records or information pertaining to the accounting of disclosures made from IIS to other law enforcement or intelligence agencies (Federal, State, local, foreign, international, or tribal) in accordance with the published routine uses. For the accounting of these disclosures only, in accordance with 5 U.S.C. 552a(j)(2) and (k)(2), DHS will claim the original exemptions for these records or information from subsection (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as necessary and appropriate to protect such information. Moreover, DHS will add this exemption to Appendix C to 6 CFR part 5, DHS Systems of Records Exempt from the Privacy Act. Such exempt records or information may be law enforcement or national security investigation records, law enforcement activity and encounter records, or terrorist screening records. DHS needs these exemptions in order to protect information relating to law enforcement investigations from disclosure to subjects of investigations and others who could interfere with VerDate Sep<11>2014 16:52 Aug 14, 2015 Jkt 235001 investigatory and law enforcement activities. Specifically, the exemptions are required to: Preclude subjects of investigations from frustrating the investigative process; avoid disclosure of investigative techniques; protect the identities and physical safety of confidential informants and of law enforcement personnel; ensure DHS’s and other federal agencies’ ability to obtain information from third parties and other sources; protect the privacy of third parties; and safeguard sensitive information. Nonetheless, DHS will examine each request on a case-by-case basis, and, after conferring with the appropriate component or agency, may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement or national security investigation. Again, DHS will not assert any exemption with respect to information maintained in the system that is collected from a person and submitted by that person’s air or vessel carrier, if that person, or his or her agent, seeks access or amendment of such information. List of Subjects in 6 CFR Part 5 Freedom of information, Privacy. For the reasons stated in the preamble, DHS proposes to amend Chapter I of Title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 49177 circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. Exemptions from the above particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, when information in this system of records is may impede a law enforcement, intelligence activities and national security investigation: (a) From subsection (c)(3) (Accounting for Disclosure) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a violation of U.S. law, including investigations of a known or suspected terrorist, by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation. (b) From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known. (c) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: July 31, 2015. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2015–19726 Filed 8–14–15; 8:45 am] ■ 1. The authority citation for Part 5 continues to read as follows: BILLING CODE 9111–14–P Authority: Pub. L. 107–296, 116 Stat. 2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. NUCLEAR REGULATORY COMMISION 2. At the end of Appendix C to Part 5, add paragraph ‘‘74’’ to read as follows: ■ Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act. * * * * * 74. DHS/CBP–001, Import Information System (IIS). A portion of the following system of records is exempt from 5 U.S.C. 552a(c)(3), (e)(8), and (g)(1) pursuant to 5 U.S.C. 552a(j)(2), and from 5 U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). Further, no exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels to visit the United States and crosses the border, nor shall an exemption be asserted with respect to the resulting determination (approval or denial). After conferring with the appropriate component or agency, DHS may waive applicable exemptions in appropriate PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 10 CFR Chapter I [NRC–2015–0176] Abnormal Occurrence Reports Nuclear Regulatory Commission. ACTION: Proposed revision to policy statement; request for comments. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing revisions to its policy statement on reporting abnormal occurrences (AO) to Congress. The proposed revisions would clarify and restructure the criteria used by the NRC and Agreement States for determining whether to consider an incident or event as an AO. The proposed revisions to the policy statement would ensure consistency with current NRC guidance and SUMMARY: E:\FR\FM\17AUP1.SGM 17AUP1 49178 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules regulations. The NRC is requesting public comments on the proposed revision to the policy statement at this time. DATES: Submit comments by November 16, 2015. 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: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0176. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. 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: Luis A. Benevides, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–2457; email: Luis.Benevides@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments mstockstill on DSK4VPTVN1PROD with PROPOSALS A. Obtaining Information Please refer to Docket ID NRC–2015– 0176 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0176. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public VerDate Sep<11>2014 16:52 Aug 14, 2015 Jkt 235001 Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. • 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–2015– 0176 in the subject line of 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 http:// 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. Background Section 208 of the Energy Reorganization Act of 1974, as amended (Pub. L. 93–438), defines an AO as an unscheduled incident or event that the NRC determines to be significant from the standpoint of public health or safety. The Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104–66) requires that AOs be reported to Congress annually. As required by Section 208, the discussion for each event includes the date and place, the nature and probable consequences, the cause or causes, and the action taken to prevent recurrence. The Commission must also widely disseminate the AO report to the public within 15 days of publishing the AO report to Congress. Abnormal Occurrence Reporting The Commission has developed the AO policy statement to comply with Section 208 of the Energy Reorganization Act of 1974, as amended. The intent of the act is to PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 keep Congress and the public informed of unscheduled incidents or events that the Commission considers significant from the standpoint of public health and safety. The policy reflects a range of health and safety concerns and applies to incidents and events involving a single individual, as well as those having an overall impact on the general public. The AO criteria use a high reporting threshold so that only those events considered significant from the standpoint of public health and safety are reported to Congress. Applicability Implementation of Section 208 of the Energy Reorganization Act of 1974, as amended, ‘‘Abnormal Occurrence Reports,’’ involves the conduct of Commission business and does not impose requirements on licensees or certified facilities. The reports cover certain unscheduled incidents or events related to the manufacture, construction, or operation of a facility or conduct of an activity subject to the requirements of parts 20, 30 through 37, 39, 40, 50, 61, 70, 71, 72, or 76 in chapter I of Title 10 of the Code of Federal Regulations (10 CFR). Agreement States provide information to the NRC on incidents and events involving applicable nuclear materials in their States. Agreement States are those States that have entered into formal agreements with the NRC, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (AEA) (Pub. L. 83–703), to regulate certain quantities of AEA material at facilities located within their borders. Events reported by Agreement States that reach the threshold for reporting as AOs are also published in the ‘‘Report to Congress on Abnormal Occurrences.’’ Proposed Revisions The NRC is proposing revisions to the AO criteria to clarify the criteria for determining events that are significant from the standpoint of public health and safety and should therefore be considered AOs. The proposed revisions would also make the criteria consistent with NUREG–1614, Volume 6, ‘‘U.S. Nuclear Regulatory Commission’s Strategic Plan for Fiscal Years 2014– 2018,’’ issued August 2014 (ADAMS Accession No. ML14246A439), and new NRC requirements in 10 CFR part 37, ‘‘Physical protection of category 1 and category 2 quantities of radioactive material.’’ Further, the NRC proposes to revise the AO criteria to separate ‘‘Other Events of Interest’’ from the AO criteria to clearly delineate that events considered ‘‘Other Events of Interest’’ are not AOs, but do represent significant E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules events that the Commission deems appropriate to report to Congress. Finally, restructuring and minor editorial changes are proposed to some sections for clarity. The NRC is requesting public comments on the proposed revision to the policy statement at this time. The NRC is specifically seeking public comments on screening all reports for exposures to embryo/fetus or nursing child as an AO under Criteria l.A.2, unintended radiation exposure, versus screening reports required by 10 CFR 35.3047 for exposures to embryo/fetus or nursing child resulting from treatment to a patient as an AO under Criteria III.C, ‘‘Events involving the Medical Use of Radioactive Materials in Patients or Human Research Subjects.’’ The entire text of the proposed revision of the policy statement is available as an attachment to this document. Licensee Reports The proposed changes to the general policy statement would not change the reporting requirements for NRC licensees in Commission regulations, license conditions, or technical specifications. The NRC licensees will continue to submit required reports on a wide range of events, including instrument malfunctions and deviations from normal operating procedures that may not be significant from the standpoint of the public health and safety but provide data useful to the Commission in monitoring operating trends of licensed facilities and in comparing the actual performance of these facilities with their design and/or licensing basis. III. Paperwork Reduction Act This policy statement does not contain information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). mstockstill on DSK4VPTVN1PROD with PROPOSALS Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting documents displays a currently valid Office of Management and Budget control number. Dated at Rockville, Maryland, this 10th day of August, 2015. VerDate Sep<11>2014 16:52 Aug 14, 2015 Jkt 235001 For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Attachment—Abnormal Occurrence Statement of Policy The Commission will apply the following policy in determining whether an incident or event at a facility or involving an activity that is licensed or otherwise regulated by the Commission or an Agreement State is an abnormal occurrence (AO).1 An incident or event is considered an AO if it involves a major reduction in the protection of public health or safety. The incident or event has a moderate or severe impact on public health or safety and could include, but need not be limited to, the following: (1) Moderate exposure to, or release of, radioactive material licensed by or otherwise regulated by the Commission or Agreement States; (2) major degradation of essential safety-related equipment; (3) major deficiencies in design, construction, use of, or management controls for facilities or radioactive material licensed by or otherwise regulated by the Commission or Agreement States; or (4) substantiated case of actual loss, theft, or diversion of risk significant radioactive material licensed by or otherwise regulated by the Commission or Agreement States. The criteria for determining whether to consider an incident or event for reporting as an AO are set forth in Appendix A of this policy statement. Commission Dissemination of Abnormal Occurrence Information The Commission widely disseminates the AO reports to the public. The Commission will submit an annual report to Congress on AOs that occur at or are associated with any facility or activity that is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, as amended. This report gives the date, place, nature, and probable consequences of each AO; the cause or causes of each AO; and any action taken to prevent recurrence. Appendix A: Abnormal Occurrence Criteria An accident or event is considered an abnormal occurrence (AO) if it involves a major reduction in the degree of protection of public health or safety. This type of 1 Events reported to the U.S. Nuclear Regulatory Commission (NRC) by Agreement States that reach the threshold for reporting as AOs will be reported as such by the Commission. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 49179 incident or event has a moderate or severe impact on public health or safety and could include, but need not be limited to, the following: (1) Moderate exposure to, or release of, radioactive material licensed by or otherwise regulated by the Commission or Agreement States; (2) major degradation of essential safetyrelated equipment; (3) major deficiencies in design, construction, use of, or management controls for facilities or radioactive material licensed by or otherwise regulated by the Commission or Agreement States; or (4) substantiated case of actual loss, theft, or diversion of risk-significant radioactive material licensed by or otherwise regulated by the Commission or Agreement States. Abnormal Occurrence Criteria The following presents the criteria, by types of events, used to determine which events will be considered for reporting as AOs. I. All Licensees 2 A. Human Exposure to Radiation From Licensed Material 1. Any unintended radiation exposure to an adult (any individual 18 years of age or older) resulting in: (a) An annual total effective dose equivalent (TEDE) of 250 millisievert (mSv) (25 rem) or more; (b) an annual sum of the deep dose equivalent (external dose) and committed dose equivalent (intake of radioactive material) to any individual organ other than the lens of the eye, the bone marrow, and the gonads of 2,500 mSv (250 rem) or more; (c) an annual dose equivalent to the lens of the eye of 1 Sv (100 rem) or more; (d) an annual sum of the deep dose equivalent and committed dose equivalent to the bone marrow of 1 Sv (100 rem) or more; (e) a committed dose equivalent to the gonads of 2,500 mSv (250 rem) or more; or (f) an annual shallow dose equivalent to the skin or extremities of 2,500 mSv (250 rem) or more. 2. Any unintended radiation exposure to any minor (an individual less than 18 years of age) resulting in an annual TEDE of 50 mSv (5 rem) or more, or to an embryo/fetus resulting in a dose equivalent of 50 mSv (5 rem) or more. 3. Any radiation exposure that has resulted in unintended permanent functional damage to an organ or a physiological system as determined by an independent physician 3 deemed qualified by the NRC or Agreement State. 2 Medical patients are excluded from consideration under this criterion and these criteria do not apply to medical events defined in § 35.3045 of Title 10 of the Code of Federal Regulations (10 CFR), which are considered in AO Criteria III.C, ‘‘Events involving the Medical Use of Radioactive Materials in Patients or Human Research Subjects.’’ 3 Independent physician is defined to be a physician not on the licensee’s staff and who was not involved in the care of the patient involved. E:\FR\FM\17AUP1.SGM 17AUP1 49180 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules special nuclear material 8 or an inventory discrepancy of a formula quantity of special nuclear material that is judged to be caused by theft or diversion. 4. Any substantial breakdown 9 of physical security, cyber security, or material control and accountability programs that significantly weakens the protection against loss, theft, diversion, or sabotage. 5. Any significant unauthorized disclosures (loss, theft, and/or deliberate) of classified information that harms national security or safeguards information that threatens public health and safety. C. Theft, Diversion, or Loss of Licensed Material; Sabotage; or Security Breach 4 5 6 1. Any stolen, diverted, abandoned, or unrecovered lost radioactive material that meets or exceeds the thresholds listed in appendix A of 10 CFR part 37, ‘‘Physical protection of category 1 and category 2 quantities of radioactive material.’’ Excluded from reporting under this criterion are those events involving sources that are lost or abandoned under the following conditions: Sources that have been lost and for which a reasonable attempt at recovery has been made without success or irretrievable well logging sources as defined in 10 CFR 39.2, ‘‘Definitions.’’ These sources are only excluded if there is reasonable assurance that the doses from these sources have not exceeded and will not exceed the reporting thresholds specified in AO Criteria I.A.1 and I.A.2 and the agency has determined that the risk of theft or diversion is acceptably low. 2. An act that results in radiological sabotage as defined in 10 CFR 73.2, ‘‘Definitions.’’ 3. Any substantiated 7 case of actual theft, diversion, or loss of a formula quantity of mstockstill on DSK4VPTVN1PROD with PROPOSALS B. Discharge or Dispersal of Radioactive Material From Its Intended Place of Confinement The release of radioactive material to an unrestricted area in concentrations that, if averaged over a period of 24 hours, exceeds 5,000 times the values specified in Table 2 of appendix B, ‘‘Annual Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations for Release to Sewerage,’’ to 10 CFR part 20, ‘‘Standards for protection against radiation,’’ unless the licensee has demonstrated compliance with 10 CFR 20.1301, ‘‘Dose limits for individual members of the public,’’ using 10 CFR 20.1302(b)(1) or 10 CFR 20.1302(b)(2)(ii). This criterion does not apply to transportation events. A. Malfunction of Facility, Structures, or Equipment 1. Exceeding a safety limit of license technical specification (TS) (10 CFR 50.36(c)). 2. Serious degradation of fuel integrity, primary coolant pressure boundary, or primary containment boundary. 3. Loss of plant capability to perform essential safety functions so that a release of radioactive materials, which could result in exceeding the dose limits of 10 CFR part 100, ‘‘Reactor Site Criteria,’’ or five times the dose limits of General Design Criteria (GDC) 19 in appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ to 10 CFR part 50, ‘‘Domestic licensing of production and utilization facilities,’’ could occur from a postulated transient or accident (e.g., loss of emergency core cooling system, loss of control rod system). 4 Information pertaining to certain incidents may be either classified or under consideration for classification because of national security implications. Classified information will be withheld when formally reporting these incidents in accordance with Executive Order 13526, as amended (‘‘Classified National Security Information’’ (75 FR 707), or any predecessor or successor order to require protection against unauthorized disclosures. Any classified details about these incidents would be available to the Congress, upon request, under appropriate security arrangements. 5 Information pertaining to certain incidents may be Safeguards Information as defined in 10 CFR 73.2 because of safety and security implications. The AO report would withhold specific safeguards information in accordance with Section 147 of the Atomic Energy Act of 1954, as amended. Any safeguards details regarding these incidents would be available to the Congress, upon request, under appropriate security arrangements. 6 Reporting lost or stolen material is based on the activity of the source at the time the radioactive material was known to be lost or stolen. If, by the time the AO report is due to Congress, the radioactive material has decayed to below the thresholds listed in appendix A of 10 CFR part 37, the report will clarify that the radioactive material has decayed below the thresholds. 7 ‘‘Substantiated’’ means a situation in which there is an indication of loss, theft, or unlawful VerDate Sep<11>2014 16:52 Aug 14, 2015 Jkt 235001 D. Initiation of High-Level NRC Team Inspection 10 II. Commercial Nuclear Power Plant Licensees B. Design or Safety Analysis Deficiency, Personnel Error, or Procedural or Administrative Inadequacy 1. Discovery of a major condition not specifically considered in the safety analysis report or TS that requires immediate remedial action. 2. Personnel error or procedural deficiencies that result in loss of plant capability to perform essential safety functions so that a release of radioactive materials, which could result in exceeding the dose limits of 10 CFR part 100 or five diversion, such as: An allegation of diversion, report of lost or stolen material, or other indication of loss of material control or accountability that cannot be refuted following an investigation; and requires further action on the part of the agency or other proper authorities. 8 Formula quantity of special nuclear material is defined in 10 CFR 70.4, ‘‘Definitions.’’ 9 A substantial breakdown is defined as a red finding under the Reactor Oversight Process (ROP) in the physical security inspection program or any plant or facility determined to have overall unacceptable performance. 10 This item addresses initiation of any incident investigation teams, as described in NRC Management Directive (MD) 8.3, ‘‘NRC Incident Investigation Program’’ (see http:// www.internal.nrc.gov/policy/directives/toc/ md8.3.htm), or initiation of any accident review groups, as described in MD 8.9, ‘‘Accident Investigation’’ (see http://www.internal.nrc.gov/ policy/directives/toc/md8.9.htm). PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 times the dose limits of GDC 19 in appendix A to 10 CFR part 50, could occur from a postulated transient or accident (e.g., loss of emergency core cooling system, loss of control rod drive mechanism). C. Any Operating Reactor Events or Conditions Evaluated by the NRC Reactor Oversight Process (ROP) To Be the Result of or Associated With Licensee Performance Issues of High Safety Significance 11 D. Any Operating Reactor Events or Conditions Evaluated by the NRC Accident Sequence Precursor (ASP) Program To Have a Conditional Core Damage Probability (CCDP) or Change in Core Damage Probability (DCDP) of Greater Than or Equal to 1 × 10¥3 12 E. Any Operating Reactor Plants That Are Determined To Have Overall Unacceptable Performance or Are in a Shutdown Condition as a Result of Significant Performance Problems and/or Operational Event(s) 13 III. Events at Facilities Other Than Nuclear Power Plants and All Transportation Events A. Events Involving Design, Analysis, Construction, Testing, Operation, Transport, Use, or Disposal 1. An accidental criticality. 2. A major deficiency in design, construction, control, or operation having significant safety implications that require immediate remedial action. 3. A serious safety-significant deficiency in management or procedural controls. 4. A series of events (in which the individual events are not of major importance), recurring incidents, or incidents with implications for similar facilities 11 The NRC ROP uses four colors to describe the safety significance of licensee performance. As defined in NRC MD 8.13, ‘‘Reactor Oversight Process’’ (see http://www.internal.nrc.gov/policy/ directives/toc/md8.13.htm), green is used for very low safety significance, white is used for low to moderate safety significance, yellow is used for substantial safety significance, and red is used for high safety significance. Reactor conditions or performance indicators evaluated to be red are considered AOs. 12 Results from the NRC ASP program are used to monitor agency performance against the agency’s strategic safety goal (e.g., ensure the safe use of radioactive materials) and objectives (e.g., prevent and mitigate accidents and ensure radiation safety). A precursor event with a CCDP or DCDP of greater than or equal to 1 × 10¥3 is used as a performance indicator for the strategic safety goal by determining that there have been no significant precursors of a nuclear reactor accident and that there have been no more than one significant adverse trend in industry safety performance. 13 Any plants assessed by the ROP to be in the unacceptable performance column, as described in NRC Inspection Manual Chapter (IMC) 0305, ‘‘Operating Reactor Assessment Program’’ (see http://pbadupws.nrc.gov/docs/ML1508/ ML15089A315.pdf), or under the NRC IMC 0350, ‘‘Oversight of Reactor Facilities in a Shutdown Condition Due to Significant Performance and/or Operational Concerns’’ (see http:// pbadupws.nrc.gov/docs/ML0634/ ML063400076.pdf). This assessment of safety performance is based on the number and significance of NRC inspection findings and licensee performance indicators. E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Proposed Rules (generic incidents) that raise a major safety concern. B. Fuel Cycle Facilities 14 1. Absence or failure of all safety controls (engineered and human) such that conditions were present for the occurrence of a highconsequence event involving an NRCregulated hazard (radiological or chemical).15 2. An NRC-ordered safety-related or security-related immediate remedial action. C. Events Involving the Medical Use of Radioactive Materials in Patients or Human Research Subjects 16 1. A medical event, as defined in 10 CFR 35.3045, which results in a dose that: (a) Is equal to or greater than 1 Gray (Gy) (100 rad) to a major portion of the bone marrow or to the lens of the eye; or equal or greater than 2.5 Gy (250 rad) to the gonads; or (b) exceeds, by 10 Gy (1,000 rad), the expected dose to any other organ or tissue from the administration defined in the written directive; and 2. A medical event, as defined in 10 CFR 35.3045, which involves: (a) A dose or dosage that is at least 50 percent greater than that prescribed, or (b) a prescribed dose or dosage that (i) uses the wrong radiopharmaceutical or unsealed byproduct material; or (ii) is delivered by the wrong route of administration; or (iii) is delivered to the wrong treatment site; or (iv) is delivered by the wrong treatment mode; or (v) is from a leaking source or sources; or (vi) is delivered to the wrong individual or human research subject. Appendix B: Other Events of Interest mstockstill on DSK4VPTVN1PROD with PROPOSALS This appendix discusses other events of interest that do not meet the AO criteria in Appendix A. The Commission may determine that events, other than AOs, may be of interest to Congress and the public and should be included in an appendix to the AO 14 Criterion III.A also applies to Fuel Cycle Facilities. 15 High-consequence events for facilities licensed under 10 CFR part 70 are those that could seriously harm the worker or a member of the public in accordance with 10 CFR 70.61. The integrated safety analysis (ISA) conducted and maintained by the licensee or applicant of 10 CFR part 70 fuel cycle facilities identifies such hazards and the safety controls (10 CFR 70.62(c)) applied to meet the performance requirements in accordance with 10 CFR 70.61(b) through (d). Fuel cycle facilities licensed under 10 CFR part 40 or certified under 10 CFR part 76 have licensing basis documents that describe facility specific hazards, consequences, and those controls utilized to prevent or mitigate the consequences of such accidents. For these facilities, a high-consequence event would be a release that has the potential to cause acute radiological or chemical exposures to a worker or a member of the public similar to that defined in NUREG–1520, Revision 2, Appendix A to Chapter 3, Section A.2, under ‘‘Consequence Category 3 (High Consequences)’’ (see http://www.nrc.gov/ reading-rm/doc-collections/nuregs/staff/sr1520/). 16 Criteria III.A.2, III.A.3, and III.A.4 also apply to medical licensees. VerDate Sep<11>2014 16:52 Aug 14, 2015 Jkt 235001 report as ‘‘Other Events of Interest.’’ Such events may include, but are not necessarily limited to, events that do not meet the AO criteria but that have been perceived by Congress or the public to be of high health and safety significance, have received significant media coverage, or have caused the NRC to increase its attention to or oversight of a program area, or a group of similar events that have resulted in licensed materials entering the public domain in an uncontrolled manner. [FR Doc. 2015–20260 Filed 8–14–15; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2014–0370; Airspace Docket No. 14–ASO–2] RIN 2120–AA66 Proposed Redesignation and Expansion of Restricted Area R–4403; Gainesville, MS Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM). AGENCY: This SNPRM amends the notice of proposed rulemaking (NPRM) published in the Federal Register on July 10, 2014, proposing to redesignate and expand restricted area R–4403, Gainesville, MS, by changing the parameters of some restricted area subareas. The changes would include expanding the time of designation, modifying some restricted area lateral and vertical boundaries, and eliminating the proposed air-to-ground munitions delivery in some parts of the restricted area complex. DATES: Comments must be received on or before October 1, 2015. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M– 30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; telephone: (202) 366–9826. You must identify FAA Docket No. FAA–2014–0370 and Airspace Docket No. 14–ASO–2, at the beginning of your comments. You may also submit comments through the Internet at www.regulations.gov. Comments on environmental and land use aspects to should be directed to: Mr. David Lorance, P.E., Center Environmental Officer, Center Operations Directorate, National Aeronautics and Space Administration (NASA) Stennis Space Center, Roy S. SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 49181 Estess Building 1100, Mail Code RA02, Stennis Space Center, MS 39529–6000. FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would restructure the restricted airspace at the Stennis Space Center, MS, to enhance aviation safety and accommodate essential NASA and Naval Special Warfare Command (NSWC) requirements. Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2014–0370 and Airspace Docket No. 14– ASO–2) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at www.regulations.gov. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2014–0370 and Airspace Docket No. 14–ASO–2.’’ The postcard will be date/time stamped and returned to the commenter. E:\FR\FM\17AUP1.SGM 17AUP1

Agencies

  • NUCLEAR REGULATORY COMMISION
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49177-49181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20260]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISION

10 CFR Chapter I

[NRC-2015-0176]


Abnormal Occurrence Reports

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed revision to policy statement; request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing 
revisions to its policy statement on reporting abnormal occurrences 
(AO) to Congress. The proposed revisions would clarify and restructure 
the criteria used by the NRC and Agreement States for determining 
whether to consider an incident or event as an AO. The proposed 
revisions to the policy statement would ensure consistency with current 
NRC guidance and

[[Page 49178]]

regulations. The NRC is requesting public comments on the proposed 
revision to the policy statement at this time.

DATES: Submit comments by November 16, 2015. 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: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0176. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    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: Luis A. Benevides, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2457; email: Luis.Benevides@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0176 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0176.
     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 ``ADAMS Public Documents'' and 
then 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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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-2015-0176 in the subject line of 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 http://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. Background

    Section 208 of the Energy Reorganization Act of 1974, as amended 
(Pub. L. 93-438), defines an AO as an unscheduled incident or event 
that the NRC determines to be significant from the standpoint of public 
health or safety. The Federal Reports Elimination and Sunset Act of 
1995 (Pub. L. 104-66) requires that AOs be reported to Congress 
annually. As required by Section 208, the discussion for each event 
includes the date and place, the nature and probable consequences, the 
cause or causes, and the action taken to prevent recurrence. The 
Commission must also widely disseminate the AO report to the public 
within 15 days of publishing the AO report to Congress.

Abnormal Occurrence Reporting

    The Commission has developed the AO policy statement to comply with 
Section 208 of the Energy Reorganization Act of 1974, as amended. The 
intent of the act is to keep Congress and the public informed of 
unscheduled incidents or events that the Commission considers 
significant from the standpoint of public health and safety. The policy 
reflects a range of health and safety concerns and applies to incidents 
and events involving a single individual, as well as those having an 
overall impact on the general public. The AO criteria use a high 
reporting threshold so that only those events considered significant 
from the standpoint of public health and safety are reported to 
Congress.

Applicability

    Implementation of Section 208 of the Energy Reorganization Act of 
1974, as amended, ``Abnormal Occurrence Reports,'' involves the conduct 
of Commission business and does not impose requirements on licensees or 
certified facilities. The reports cover certain unscheduled incidents 
or events related to the manufacture, construction, or operation of a 
facility or conduct of an activity subject to the requirements of parts 
20, 30 through 37, 39, 40, 50, 61, 70, 71, 72, or 76 in chapter I of 
Title 10 of the Code of Federal Regulations (10 CFR).
    Agreement States provide information to the NRC on incidents and 
events involving applicable nuclear materials in their States. 
Agreement States are those States that have entered into formal 
agreements with the NRC, pursuant to Section 274 of the Atomic Energy 
Act of 1954, as amended (AEA) (Pub. L. 83-703), to regulate certain 
quantities of AEA material at facilities located within their borders. 
Events reported by Agreement States that reach the threshold for 
reporting as AOs are also published in the ``Report to Congress on 
Abnormal Occurrences.''

Proposed Revisions

    The NRC is proposing revisions to the AO criteria to clarify the 
criteria for determining events that are significant from the 
standpoint of public health and safety and should therefore be 
considered AOs. The proposed revisions would also make the criteria 
consistent with NUREG-1614, Volume 6, ``U.S. Nuclear Regulatory 
Commission's Strategic Plan for Fiscal Years 2014-2018,'' issued August 
2014 (ADAMS Accession No. ML14246A439), and new NRC requirements in 10 
CFR part 37, ``Physical protection of category 1 and category 2 
quantities of radioactive material.'' Further, the NRC proposes to 
revise the AO criteria to separate ``Other Events of Interest'' from 
the AO criteria to clearly delineate that events considered ``Other 
Events of Interest'' are not AOs, but do represent significant

[[Page 49179]]

events that the Commission deems appropriate to report to Congress. 
Finally, restructuring and minor editorial changes are proposed to some 
sections for clarity.
    The NRC is requesting public comments on the proposed revision to 
the policy statement at this time. The NRC is specifically seeking 
public comments on screening all reports for exposures to embryo/fetus 
or nursing child as an AO under Criteria l.A.2, unintended radiation 
exposure, versus screening reports required by 10 CFR 35.3047 for 
exposures to embryo/fetus or nursing child resulting from treatment to 
a patient as an AO under Criteria III.C, ``Events involving the Medical 
Use of Radioactive Materials in Patients or Human Research Subjects.''
    The entire text of the proposed revision of the policy statement is 
available as an attachment to this document.

Licensee Reports

    The proposed changes to the general policy statement would not 
change the reporting requirements for NRC licensees in Commission 
regulations, license conditions, or technical specifications. The NRC 
licensees will continue to submit required reports on a wide range of 
events, including instrument malfunctions and deviations from normal 
operating procedures that may not be significant from the standpoint of 
the public health and safety but provide data useful to the Commission 
in monitoring operating trends of licensed facilities and in comparing 
the actual performance of these facilities with their design and/or 
licensing basis.

III. Paperwork Reduction Act

    This policy statement does not contain information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting documents displays a currently valid 
Office of Management and Budget control number.

    Dated at Rockville, Maryland, this 10th day of August, 2015.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment--Abnormal Occurrence Statement of Policy

    The Commission will apply the following policy in determining 
whether an incident or event at a facility or involving an activity 
that is licensed or otherwise regulated by the Commission or an 
Agreement State is an abnormal occurrence (AO).\1\
---------------------------------------------------------------------------

    \1\ Events reported to the U.S. Nuclear Regulatory Commission 
(NRC) by Agreement States that reach the threshold for reporting as 
AOs will be reported as such by the Commission.
---------------------------------------------------------------------------

    An incident or event is considered an AO if it involves a major 
reduction in the protection of public health or safety. The incident or 
event has a moderate or severe impact on public health or safety and 
could include, but need not be limited to, the following:
    (1) Moderate exposure to, or release of, radioactive material 
licensed by or otherwise regulated by the Commission or Agreement 
States;
    (2) major degradation of essential safety-related equipment;
    (3) major deficiencies in design, construction, use of, or 
management controls for facilities or radioactive material licensed by 
or otherwise regulated by the Commission or Agreement States; or
    (4) substantiated case of actual loss, theft, or diversion of risk 
significant radioactive material licensed by or otherwise regulated by 
the Commission or Agreement States.
    The criteria for determining whether to consider an incident or 
event for reporting as an AO are set forth in Appendix A of this policy 
statement.
Commission Dissemination of Abnormal Occurrence Information
    The Commission widely disseminates the AO reports to the public. 
The Commission will submit an annual report to Congress on AOs that 
occur at or are associated with any facility or activity that is 
licensed or otherwise regulated pursuant to the Atomic Energy Act of 
1954, as amended, or the Energy Reorganization Act of 1974, as amended. 
This report gives the date, place, nature, and probable consequences of 
each AO; the cause or causes of each AO; and any action taken to 
prevent recurrence.

Appendix A: Abnormal Occurrence Criteria

    An accident or event is considered an abnormal occurrence (AO) 
if it involves a major reduction in the degree of protection of 
public health or safety. This type of incident or event has a 
moderate or severe impact on public health or safety and could 
include, but need not be limited to, the following:
    (1) Moderate exposure to, or release of, radioactive material 
licensed by or otherwise regulated by the Commission or Agreement 
States;
    (2) major degradation of essential safety-related equipment;
    (3) major deficiencies in design, construction, use of, or 
management controls for facilities or radioactive material licensed 
by or otherwise regulated by the Commission or Agreement States; or
    (4) substantiated case of actual loss, theft, or diversion of 
risk-significant radioactive material licensed by or otherwise 
regulated by the Commission or Agreement States.

Abnormal Occurrence Criteria

    The following presents the criteria, by types of events, used to 
determine which events will be considered for reporting as AOs.

I. All Licensees \2\
---------------------------------------------------------------------------

    \2\ Medical patients are excluded from consideration under this 
criterion and these criteria do not apply to medical events defined 
in Sec.  35.3045 of Title 10 of the Code of Federal Regulations (10 
CFR), which are considered in AO Criteria III.C, ``Events involving 
the Medical Use of Radioactive Materials in Patients or Human 
Research Subjects.''
---------------------------------------------------------------------------

A. Human Exposure to Radiation From Licensed Material

    1. Any unintended radiation exposure to an adult (any individual 
18 years of age or older) resulting in:
    (a) An annual total effective dose equivalent (TEDE) of 250 
millisievert (mSv) (25 rem) or more;
    (b) an annual sum of the deep dose equivalent (external dose) 
and committed dose equivalent (intake of radioactive material) to 
any individual organ other than the lens of the eye, the bone 
marrow, and the gonads of 2,500 mSv (250 rem) or more;
    (c) an annual dose equivalent to the lens of the eye of 1 Sv 
(100 rem) or more;
    (d) an annual sum of the deep dose equivalent and committed dose 
equivalent to the bone marrow of 1 Sv (100 rem) or more;
    (e) a committed dose equivalent to the gonads of 2,500 mSv (250 
rem) or more; or
    (f) an annual shallow dose equivalent to the skin or extremities 
of 2,500 mSv (250 rem) or more.
    2. Any unintended radiation exposure to any minor (an individual 
less than 18 years of age) resulting in an annual TEDE of 50 mSv (5 
rem) or more, or to an embryo/fetus resulting in a dose equivalent 
of 50 mSv (5 rem) or more.
    3. Any radiation exposure that has resulted in unintended 
permanent functional damage to an organ or a physiological system as 
determined by an independent physician \3\ deemed qualified by the 
NRC or Agreement State.
---------------------------------------------------------------------------

    \3\ Independent physician is defined to be a physician not on 
the licensee's staff and who was not involved in the care of the 
patient involved.

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[[Page 49180]]

B. Discharge or Dispersal of Radioactive Material From Its Intended 
Place of Confinement

    The release of radioactive material to an unrestricted area in 
concentrations that, if averaged over a period of 24 hours, exceeds 
5,000 times the values specified in Table 2 of appendix B, ``Annual 
Limits on Intake (ALIs) and Derived Air Concentrations (DACs) of 
Radionuclides for Occupational Exposure; Effluent Concentrations; 
Concentrations for Release to Sewerage,'' to 10 CFR part 20, 
``Standards for protection against radiation,'' unless the licensee 
has demonstrated compliance with 10 CFR 20.1301, ``Dose limits for 
individual members of the public,'' using 10 CFR 20.1302(b)(1) or 10 
CFR 20.1302(b)(2)(ii). This criterion does not apply to 
transportation events.

C. Theft, Diversion, or Loss of Licensed Material; Sabotage; or 
Security Breach 4 5 6
---------------------------------------------------------------------------

    \4\ Information pertaining to certain incidents may be either 
classified or under consideration for classification because of 
national security implications. Classified information will be 
withheld when formally reporting these incidents in accordance with 
Executive Order 13526, as amended (``Classified National Security 
Information'' (75 FR 707), or any predecessor or successor order to 
require protection against unauthorized disclosures. Any classified 
details about these incidents would be available to the Congress, 
upon request, under appropriate security arrangements.
    \5\ Information pertaining to certain incidents may be 
Safeguards Information as defined in 10 CFR 73.2 because of safety 
and security implications. The AO report would withhold specific 
safeguards information in accordance with Section 147 of the Atomic 
Energy Act of 1954, as amended. Any safeguards details regarding 
these incidents would be available to the Congress, upon request, 
under appropriate security arrangements.
    \6\ Reporting lost or stolen material is based on the activity 
of the source at the time the radioactive material was known to be 
lost or stolen. If, by the time the AO report is due to Congress, 
the radioactive material has decayed to below the thresholds listed 
in appendix A of 10 CFR part 37, the report will clarify that the 
radioactive material has decayed below the thresholds.
---------------------------------------------------------------------------

    1. Any stolen, diverted, abandoned, or unrecovered lost 
radioactive material that meets or exceeds the thresholds listed in 
appendix A of 10 CFR part 37, ``Physical protection of category 1 
and category 2 quantities of radioactive material.'' Excluded from 
reporting under this criterion are those events involving sources 
that are lost or abandoned under the following conditions: Sources 
that have been lost and for which a reasonable attempt at recovery 
has been made without success or irretrievable well logging sources 
as defined in 10 CFR 39.2, ``Definitions.'' These sources are only 
excluded if there is reasonable assurance that the doses from these 
sources have not exceeded and will not exceed the reporting 
thresholds specified in AO Criteria I.A.1 and I.A.2 and the agency 
has determined that the risk of theft or diversion is acceptably 
low.
    2. An act that results in radiological sabotage as defined in 10 
CFR 73.2, ``Definitions.''
    3. Any substantiated \7\ case of actual theft, diversion, or 
loss of a formula quantity of special nuclear material \8\ or an 
inventory discrepancy of a formula quantity of special nuclear 
material that is judged to be caused by theft or diversion.
---------------------------------------------------------------------------

    \7\ ``Substantiated'' means a situation in which there is an 
indication of loss, theft, or unlawful diversion, such as: An 
allegation of diversion, report of lost or stolen material, or other 
indication of loss of material control or accountability that cannot 
be refuted following an investigation; and requires further action 
on the part of the agency or other proper authorities.
    \8\ Formula quantity of special nuclear material is defined in 
10 CFR 70.4, ``Definitions.''
---------------------------------------------------------------------------

    4. Any substantial breakdown \9\ of physical security, cyber 
security, or material control and accountability programs that 
significantly weakens the protection against loss, theft, diversion, 
or sabotage.
---------------------------------------------------------------------------

    \9\ A substantial breakdown is defined as a red finding under 
the Reactor Oversight Process (ROP) in the physical security 
inspection program or any plant or facility determined to have 
overall unacceptable performance.
---------------------------------------------------------------------------

    5. Any significant unauthorized disclosures (loss, theft, and/or 
deliberate) of classified information that harms national security 
or safeguards information that threatens public health and safety.

D. Initiation of High-Level NRC Team Inspection \10\
---------------------------------------------------------------------------

    \10\ This item addresses initiation of any incident 
investigation teams, as described in NRC Management Directive (MD) 
8.3, ``NRC Incident Investigation Program'' (see http://www.internal.nrc.gov/policy/directives/toc/md8.3.htm), or initiation 
of any accident review groups, as described in MD 8.9, ``Accident 
Investigation'' (see http://www.internal.nrc.gov/policy/directives/toc/md8.9.htm).
---------------------------------------------------------------------------

II. Commercial Nuclear Power Plant Licensees

A. Malfunction of Facility, Structures, or Equipment

    1. Exceeding a safety limit of license technical specification 
(TS) (10 CFR 50.36(c)).
    2. Serious degradation of fuel integrity, primary coolant 
pressure boundary, or primary containment boundary.
    3. Loss of plant capability to perform essential safety 
functions so that a release of radioactive materials, which could 
result in exceeding the dose limits of 10 CFR part 100, ``Reactor 
Site Criteria,'' or five times the dose limits of General Design 
Criteria (GDC) 19 in appendix A, ``General Design Criteria for 
Nuclear Power Plants,'' to 10 CFR part 50, ``Domestic licensing of 
production and utilization facilities,'' could occur from a 
postulated transient or accident (e.g., loss of emergency core 
cooling system, loss of control rod system).

B. Design or Safety Analysis Deficiency, Personnel Error, or 
Procedural or Administrative Inadequacy

    1. Discovery of a major condition not specifically considered in 
the safety analysis report or TS that requires immediate remedial 
action.
    2. Personnel error or procedural deficiencies that result in 
loss of plant capability to perform essential safety functions so 
that a release of radioactive materials, which could result in 
exceeding the dose limits of 10 CFR part 100 or five times the dose 
limits of GDC 19 in appendix A to 10 CFR part 50, could occur from a 
postulated transient or accident (e.g., loss of emergency core 
cooling system, loss of control rod drive mechanism).

C. Any Operating Reactor Events or Conditions Evaluated by the NRC 
Reactor Oversight Process (ROP) To Be the Result of or Associated 
With Licensee Performance Issues of High Safety Significance \11\
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    \11\ The NRC ROP uses four colors to describe the safety 
significance of licensee performance. As defined in NRC MD 8.13, 
``Reactor Oversight Process'' (see http://www.internal.nrc.gov/policy/directives/toc/md8.13.htm), green is used for very low safety 
significance, white is used for low to moderate safety significance, 
yellow is used for substantial safety significance, and red is used 
for high safety significance. Reactor conditions or performance 
indicators evaluated to be red are considered AOs.
---------------------------------------------------------------------------

D. Any Operating Reactor Events or Conditions Evaluated by the NRC 
Accident Sequence Precursor (ASP) Program To Have a Conditional 
Core Damage Probability (CCDP) or Change in Core Damage Probability 
([Delta]CDP) of Greater Than or Equal to 1 x 10-\3\ \12\
---------------------------------------------------------------------------

    \12\ Results from the NRC ASP program are used to monitor agency 
performance against the agency's strategic safety goal (e.g., ensure 
the safe use of radioactive materials) and objectives (e.g., prevent 
and mitigate accidents and ensure radiation safety). A precursor 
event with a CCDP or [Delta]CDP of greater than or equal to 1 x 
10-\3\ is used as a performance indicator for the 
strategic safety goal by determining that there have been no 
significant precursors of a nuclear reactor accident and that there 
have been no more than one significant adverse trend in industry 
safety performance.
---------------------------------------------------------------------------

E. Any Operating Reactor Plants That Are Determined To Have Overall 
Unacceptable Performance or Are in a Shutdown Condition as a Result 
of Significant Performance Problems and/or Operational Event(s) 
\13\
---------------------------------------------------------------------------

    \13\ Any plants assessed by the ROP to be in the unacceptable 
performance column, as described in NRC Inspection Manual Chapter 
(IMC) 0305, ``Operating Reactor Assessment Program'' (see http://pbadupws.nrc.gov/docs/ML1508/ML15089A315.pdf), or under the NRC IMC 
0350, ``Oversight of Reactor Facilities in a Shutdown Condition Due 
to Significant Performance and/or Operational Concerns'' (see http://pbadupws.nrc.gov/docs/ML0634/ML063400076.pdf). This assessment of 
safety performance is based on the number and significance of NRC 
inspection findings and licensee performance indicators.
---------------------------------------------------------------------------

III. Events at Facilities Other Than Nuclear Power Plants and All 
Transportation Events

A. Events Involving Design, Analysis, Construction, Testing, 
Operation, Transport, Use, or Disposal

    1. An accidental criticality.
    2. A major deficiency in design, construction, control, or 
operation having significant safety implications that require 
immediate remedial action.
    3. A serious safety-significant deficiency in management or 
procedural controls.
    4. A series of events (in which the individual events are not of 
major importance), recurring incidents, or incidents with 
implications for similar facilities

[[Page 49181]]

(generic incidents) that raise a major safety concern.

B. Fuel Cycle Facilities \14\
---------------------------------------------------------------------------

    \14\ Criterion III.A also applies to Fuel Cycle Facilities.
---------------------------------------------------------------------------

    1. Absence or failure of all safety controls (engineered and 
human) such that conditions were present for the occurrence of a 
high-consequence event involving an NRC-regulated hazard 
(radiological or chemical).\15\
---------------------------------------------------------------------------

    \15\ High-consequence events for facilities licensed under 10 
CFR part 70 are those that could seriously harm the worker or a 
member of the public in accordance with 10 CFR 70.61. The integrated 
safety analysis (ISA) conducted and maintained by the licensee or 
applicant of 10 CFR part 70 fuel cycle facilities identifies such 
hazards and the safety controls (10 CFR 70.62(c)) applied to meet 
the performance requirements in accordance with 10 CFR 70.61(b) 
through (d). Fuel cycle facilities licensed under 10 CFR part 40 or 
certified under 10 CFR part 76 have licensing basis documents that 
describe facility specific hazards, consequences, and those controls 
utilized to prevent or mitigate the consequences of such accidents. 
For these facilities, a high-consequence event would be a release 
that has the potential to cause acute radiological or chemical 
exposures to a worker or a member of the public similar to that 
defined in NUREG-1520, Revision 2, Appendix A to Chapter 3, Section 
A.2, under ``Consequence Category 3 (High Consequences)'' (see 
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1520/).
---------------------------------------------------------------------------

    2. An NRC-ordered safety-related or security-related immediate 
remedial action.

C. Events Involving the Medical Use of Radioactive Materials in 
Patients or Human Research Subjects \16\
---------------------------------------------------------------------------

    \16\ Criteria III.A.2, III.A.3, and III.A.4 also apply to 
medical licensees.
---------------------------------------------------------------------------

    1. A medical event, as defined in 10 CFR 35.3045, which results 
in a dose that:
    (a) Is equal to or greater than 1 Gray (Gy) (100 rad) to a major 
portion of the bone marrow or to the lens of the eye; or equal or 
greater than 2.5 Gy (250 rad) to the gonads;

or

    (b) exceeds, by 10 Gy (1,000 rad), the expected dose to any 
other organ or tissue from the administration defined in the written 
directive; and
    2. A medical event, as defined in 10 CFR 35.3045, which 
involves:
    (a) A dose or dosage that is at least 50 percent greater than 
that prescribed, or
    (b) a prescribed dose or dosage that
    (i) uses the wrong radiopharmaceutical or unsealed byproduct 
material; or
    (ii) is delivered by the wrong route of administration; or
    (iii) is delivered to the wrong treatment site; or
    (iv) is delivered by the wrong treatment mode; or
    (v) is from a leaking source or sources; or
    (vi) is delivered to the wrong individual or human research 
subject.

Appendix B: Other Events of Interest

    This appendix discusses other events of interest that do not 
meet the AO criteria in Appendix A. The Commission may determine 
that events, other than AOs, may be of interest to Congress and the 
public and should be included in an appendix to the AO report as 
``Other Events of Interest.'' Such events may include, but are not 
necessarily limited to, events that do not meet the AO criteria but 
that have been perceived by Congress or the public to be of high 
health and safety significance, have received significant media 
coverage, or have caused the NRC to increase its attention to or 
oversight of a program area, or a group of similar events that have 
resulted in licensed materials entering the public domain in an 
uncontrolled manner.

[FR Doc. 2015-20260 Filed 8-14-15; 8:45 am]
 BILLING CODE 7590-01-P