82_FR_46910 82 FR 46717 - Fire Protection Compensatory Measures

82 FR 46717 - Fire Protection Compensatory Measures

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46717-46719
FR Document2017-21544

The U.S. Nuclear Regulatory Commission (NRC) has received a petition for rulemaking dated May 1, 2017, from David Lochbaum with co- petitioner Paul Gunter, on behalf of the Union of Concerned Scientists and Beyond Nuclear (the petitioners), requesting that the NRC ``promulgate regulations that establish acceptable conditions for use of compensatory measures (e.g., fire watches, surveillance cameras, etc.) during periods when fire protection regulations are not met.'' The petition was docketed by the NRC on May 26, 2017, and has been assigned Docket No. PRM-50-115. The NRC is examining the issues raised in PRM- 50-115 to determine whether they should be considered in rulemaking. The NRC is requesting public comment on this petition.

Federal Register, Volume 82 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Proposed Rules]
[Pages 46717-46719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21544]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-115; NRC-2017-0132]


Fire Protection Compensatory Measures

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
petition for rulemaking dated May 1, 2017, from David Lochbaum with co-
petitioner Paul Gunter, on behalf of the Union of Concerned Scientists 
and

[[Page 46718]]

Beyond Nuclear (the petitioners), requesting that the NRC ``promulgate 
regulations that establish acceptable conditions for use of 
compensatory measures (e.g., fire watches, surveillance cameras, etc.) 
during periods when fire protection regulations are not met.'' The 
petition was docketed by the NRC on May 26, 2017, and has been assigned 
Docket No. PRM-50-115. The NRC is examining the issues raised in PRM-
50-115 to determine whether they should be considered in rulemaking. 
The NRC is requesting public comment on this petition.

DATES: Submit comments by December 20, 2017. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0132. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jessica Kratchman, Office of Nuclear 
Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-5112, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0132 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-2017-0132.
     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 [email protected]. The 
petition for rulemaking is available in ADAMS under Accession No. 
ML17146A393.
     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-2017-0132 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 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. The Petitioner

    The petition was filed by David Lochbaum, on behalf of the Union of 
Concerned Scientists and Beyond Nuclear, with one co-petitioner, Paul 
Gunter of Beyond Nuclear.

III. The Petition

    On behalf of the Union of Concerned Scientists and Beyond Nuclear, 
David Lochbaum with co-petitioner Paul Gunter request that the NRC 
amend its regulations to establish acceptable conditions for the use of 
compensatory measures (e.g., fire watches, surveillance cameras) during 
periods when fire protection regulations are not met.

IV. Discussion of the Petition

    The petitioners state that the NRC's ``fire protection regulations 
were primarily established with the issuance of Appendix R to 10 CFR 
part 50 in 1980 and the NFPA [National Fire Protection Association] 805 
alternative regulations adopted in 2004.'' The petitioners are 
referring to the final rule in 1980 that issued appendix R to part 50 
of title 10 of the Code of Federal Regulations (10 CFR) and revised 10 
CFR 50.48 (45 FR 76602; November 19, 1980). The 2004 final rule (69 FR 
33536; June 6, 2004) further revised 10 CFR 50.48 and added alternative 
fire protection regulations based on National Fire Protection 
Association Standard 805, ``Performance-Based Standard for Fire 
Protection for Light Water Reactor Electric Generating Plants.'' The 
petitioners include as ``Figure 1'' in their petition a timeline 
including compensatory measure guidance documents that the NRC has 
issued. The NRC guidance documents from Figure 1 in the petition 
include the following:
    (1) NRC Bulletin 1975-004, ``Cable Fire at Browns Ferry Nuclear 
Power Station,'' March 25, 1975 (ADAMS Accession No. ML070220189);
    (2) Nuclear Steam Supply System Vendor Standard Technical 
Specifications (NUREG-0103, ``Standard Technical Specifications for 
Babcock and Wilcox Pressurized Water Reactors,'' Revision 0, 1976 
(ADAMS Accession No. ML17266A000), Revision 1 (ADAMS Accession No. 
ML17266A001); NUREG-0123, ``Standard Technical Specifications for 
General Electric Boiling Water Reactors,'' Revision 0, 1976 (ADAMS 
Accession No. ML17266A007), Revision 1 (ADAMS Accession No. 
ML17266A008); NUREG-0212, ``Standard Technical Specifications for 
Combustion Engineering Pressurized Water Reactors,'' Revision 0, 1976 
(ADAMS Accession No. ML17266A003), Revision 1 (ADAMS Accession No. 
ML17266A004); and NUREG-0452, ``Standard Technical Specifications for 
Westinghouse Pressurized Water

[[Page 46719]]

Reactors,'' Revision 0, 1976 (ADAMS Accession No. ML17266A005), 
Revision 1 (ADAMS Accession No. ML17266A006));
    (3) Branch Technical Position Auxiliary Power Conversion Systems 
Branch 9.5-1, ``Guidelines for Fire Protection for Nuclear Power 
Plants,'' May 1, 1976 (ADAMS Accession No. ML070660461), Revision 1, 
May 13, 1979 (ADAMS Accession No. ML070660450); and Appendix A, 
``Guidelines for Fire Protection for Nuclear Power Plants Docketed 
Prior to July 1, 1976,'' August 23, 1976 (ADAMS Accession No. 
ML15322A269), and February 24, 1977 (ADAMS Accession No. ML070660458);
    (4) NUREG-0050, ``Recommendations Related to Browns Ferry Fire,'' 
February 1976 (ADAMS Accession No. ML070520452);
    (5) NRC Generic Letter 1980-100, ``Appendix R to 10 CFR Regarding 
Fire Protection--Federal Register Notice,'' November 24, 1980 (ADAMS 
Accession No. ML070220242);
    (6) NRC Generic Letter 1981-012, ``Fire Protection Rule (45 FR 
76602, November 19, 1980),'' February 20, 1981 (ADAMS Accession No. 
ML031080537);
    (7) NRC Generic Letter 1986-010, ``Implementation of Fire 
Protection Requirements,'' April 24, 1986 (ADAMS Accession No. 
ML031150322);
    (8) NRC Generic Letter 1988-012, ``Removal of Fire Protection 
Requirements from Technical Specifications,'' August 2, 1988 (ADAMS 
Accession No. ML031150471);
    (9) NRC Information Notice No. 1997-048, ``Inadequate or 
Inappropriate Interim Fire Protection Compensatory Measures,'' July 9, 
1997 (ADAMS Accession No. ML070180068);
    (10) NRC Bulletin 1992-01, ``Failure of Thermo-Lag 330 Fire Barrier 
System to Maintain Cabling in Wide Cable Trays and Small Conduits Free 
from Fire Damage,'' June 24, 1992 (ADAMS Accession No. ML031250239);
    (11) NRC Regulatory Issue Summary 2005-007, ``Performance of Manual 
Actions to Satisfy the Requirements of 10 CFR part 50 Appendix R 
Section III.G.2.,'' April 19, 2005 (ADAMS Accession No. ML042360547);
    (12) NRC Regulatory Guide 1.189, ``Fire Protection for Nuclear 
Power Plants,'' Revision 2, October 2009 (ADAMS Accession No. 
ML092580550);
    (13) NRC Regulatory Guide 1.205, ``Risk-Informed, Performance-Based 
Fire Protection for Existing Light-Water Nuclear Power Plants,'' 
Revision 0, May 2006 (ADAMS Accession No. ML061100174); Revision 1, 
December 2009 (ADAMS Accession No. ML092730314); and
    (14) NUREG/CR-7135, ``Compensatory and Alternative Regulatory 
Measures for Nuclear Power Plant Fire Protection (CARMEN-FIRE),'' Final 
Report, August 2015 (ADAMS Accession No. ML15226A446).
    The petitioners assert that these guidance documents associated 
with the current regulations are deficient for three reasons:
    (1) They are not regulations and, therefore, convey unenforceable 
expectations;
    (2) They create confusion for licensees, NRC inspectors and 
reviewers, and the public about what constitutes an acceptable 
substitute for compliance with fire protection regulations following 
identification of a deficiency, as well as the permissible durations of 
the substitutions; and
    (3) They were not developed through an open process, so the public 
did not have opportunities to weigh in on the acceptability of various 
compensatory measures.
    The petitioners assert that a proposed rulemaking would ensure that 
compensatory measures are used appropriately following a violation in 
fire protection regulations, and that the rulemaking process would 
provide the public the opportunity to weigh in on the appropriateness 
of the use of various compensatory measures before the requirements are 
adopted as final. The petitioners also assert that a final rule would 
clear up any current confusion caused by the guidance documents for the 
NRC's licensees and inspectors and would provide enforceable 
requirements for the NRC.

    Dated at Rockville, Maryland, this 2nd day of October 2017.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2017-21544 Filed 10-5-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules                                               46717

                                                      Some commenters supported the                           Transportation to withhold federal                    impose geographic-based hiring
                                                      proposed amendments because, among                      funding for highway construction                      preferences whenever not otherwise
                                                      other reasons, local residents would                    contracts that were subject to a New                  prohibited by Federal law. DOT agrees
                                                      benefit from such investments. Other                    York City law imposing disadvantages                  that the efficient use of federal funds is
                                                      commenters explained that the NPRM                      on a class of responsible bidders, where              the touchstone by which the legality of
                                                      did not go far enough and should have                   the city failed to demonstrate that its               state procurement rules, including any
                                                      included other types of preferences, in                 departure from competitive bidding                    proposed geographic-based hiring
                                                      addition to geographic-based.                           requirements was justified by                         preferences, for federally funded
                                                         The Department’s proposed NPRM                       considerations of cost effectiveness. See             projects is to be tested. Here, in light of
                                                      did not make a distinction by project                   Compatibility of New York City Local                  the responses to the NPRM, the lack of
                                                      type (e.g., transit vs. maritime project).              Law 19 with Federal Highway Act                       data on whether specific local
                                                      Many commenters, especially in the                      Competitive Bidding Requirements, 10                  geographic preferences would have an
                                                      transit arena, expressed strong                         Op. O.L.C. 101 (1986) (‘‘Competitive                  incidental effect on competition, the
                                                      opposition to the application of the                    Bidding Requirements’’). Since that                   long-standing Federal government
                                                      NPRM to rolling stock procurements                      1986 opinion, FHWA had taken the                      prohibition in the Common Rule on the
                                                      because of the potential effect on                      position that state or local bidding                  use of in-State or local geographic-based
                                                      existing manufacturing plants and the                   specifications or contract requirements               preferences, the demonstrated minimal
                                                      capital and personnel investments                       that limit the pool of potential bidders              interest from intended participants
                                                      already made in specific parts of the                   violate section 112’s competition                     under the two experimental programs,
                                                      country.                                                requirement unless they directly relate               and the inability to evaluate cost-
                                                      Reason for Withdrawal                                   to the bidder’s performance of the                    effectiveness based upon objective
                                                                                                              necessary work in a competent and                     criteria under the two experimental
                                                         The Department operates two                          responsible manner.                                   programs, the Department has
                                                      experimental contracting pilot programs                    In 2013, OLC opined that a state or                determined that promulgating a
                                                      under FHWA and FTA’s existing                           local requirement that has only an                    regulation that would have deviated
                                                      authorities: (i) Innovative Contracting                 incidental effect on the pool of potential            from the OMB guidance in the Common
                                                      (Local Labor Hire) (80 FR 12257) and (ii)               bidders or that imposes reasonable                    Rule, by allowing the use of geographic-
                                                      FHWA HUD Livability Local Hire                          requirements related to the performance               based hiring preferences in some of the
                                                      Initiative (75 FR 36467). The Local                     of the necessary work would not unduly                Department’s grant programs, is not
                                                      Labor Hire pilot is conducted under 23                  limit competition. However, a                         practicable for the efficient and cost-
                                                      U.S.C. 502 (i.e., FHWA’s Special                        requirement that has more than an                     effective delivery of projects. The
                                                      Experimental Project No. 14 (SEP–14))                   incidental effect on the pool of potential
                                                      and 49 U.S.C. 5312, 5314 and 5325, and                                                                        comments received did not include any
                                                                                                              bidders and does not relate to the work’s             data that demonstrates that the claimed
                                                      the FHWA HUD initiative is conducted                    performance would unduly limit
                                                      under SEP–14. The Department has                                                                              benefits of the proposed rule justify the
                                                                                                              competition unless it promotes the                    costs. The Department has also
                                                      used these research authorities to                      efficient and effective use of federal
                                                      advance non-traditional contracting                                                                           determined that an additional request
                                                                                                              funds. OLC stated that generally                      for public comment based on the
                                                      practices for contracts awarded by FTA                  speaking, state or local government
                                                      and FHWA.                                                                                                     proposed NPRM would not provide the
                                                                                                              requirements that eliminate or                        information needed to accomplish the
                                                         Under SEP–14 and 49 U.S.C. 5312,                     disadvantage a class of potential
                                                      5314 and 5325, the Department has the                                                                         stated purpose.
                                                                                                              responsible bidders (and thus have a
                                                      flexibility to experiment with                          non-trivial effect on the pool of such                  Issued in Washington, DC, on October 2,
                                                      innovative approaches to highway and                    bidders) to advance objectives unrelated              2017.
                                                      transit contracting. However, the                       to the efficient use of federal funds or              Elaine L. Chao,
                                                      Department is discontinuing these two                   the integrity of the bidding process (or              Secretary of Transportation.
                                                      pilot programs because of minimal                       to the performance of the necessary                   [FR Doc. 2017–21574 Filed 10–5–17; 8:45 am]
                                                      interest from intended participants and                 work in a competent and responsible                   BILLING CODE 4910–9X–P
                                                      the difficulty in evaluating cost                       manner) are likely to unduly impede
                                                      effectiveness based upon objective                      competition in contravention of the
                                                      criteria.                                               substantive component of section 112’s                NUCLEAR REGULATORY
                                                         For additional background, 23 U.S.C.                 competitive bidding requirement. OLC                  COMMISSION
                                                      112 requires a state transportation                     further reaffirmed the view expressed in
                                                      department to award contracts using                     its 1986 opinion that ‘‘the efficient use             10 CFR Part 50
                                                      federal highway funds by ‘‘competitive                  of federal funds is the touchstone by
                                                      bidding, unless the State transportation                                                                      [Docket No. PRM–50–115; NRC–2017–0132]
                                                                                                              which the legality of state procurement
                                                      department demonstrates . . . that                      rules for federally funded highway                    Fire Protection Compensatory
                                                      some other method is more cost                          projects is to be tested,’’ Competitive               Measures
                                                      effective.’’ 23 U.S.C. 112(b)(1) (2006).                Bidding Requirements, 10 Op. O.L.C. at
                                                      For a bidding process to be                             105. In 2013, OLC did not understand                  AGENCY:  Nuclear Regulatory
                                                      ‘‘competitive,’’ the state transportation
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                                                                                                              section 112’s competitive bidding                     Commission.
                                                      department must award contracts for                     requirement to compel FHWA to reject                  ACTION: Petition for rulemaking; notice
                                                      projects ‘‘only on the basis of the lowest              every state or local bidding specification            of docketing and request for comment.
                                                      responsive bid submitted by a bidder                    or contract requirement that may have
                                                      meeting established criteria of                         the effect of reducing the number of                  SUMMARY:   The U.S. Nuclear Regulatory
                                                      responsibility.’’ Id. section 112(b)(1).                potential bidders for a particular                    Commission (NRC) has received a
                                                      For example, a 1986 opinion from the                    contract.                                             petition for rulemaking dated May 1,
                                                      Office of Legal Counsel (OLC) at the                       The stated purpose of this NPRM was                2017, from David Lochbaum with co-
                                                      Department of Justice concluded that                    to permit recipients and subrecipients of             petitioner Paul Gunter, on behalf of the
                                                      section 112 obligated the Secretary of                  certain DOT grant program funds to                    Union of Concerned Scientists and


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                                                      46718                    Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules

                                                      Beyond Nuclear (the petitioners),                       I. Obtaining Information and                          Nuclear, with one co-petitioner, Paul
                                                      requesting that the NRC ‘‘promulgate                    Submitting Comments                                   Gunter of Beyond Nuclear.
                                                      regulations that establish acceptable
                                                                                                              A. Obtaining Information                              III. The Petition
                                                      conditions for use of compensatory
                                                      measures (e.g., fire watches,                              Please refer to Docket ID NRC–2017–                   On behalf of the Union of Concerned
                                                      surveillance cameras, etc.) during                      0132 when contacting the NRC about                    Scientists and Beyond Nuclear, David
                                                      periods when fire protection regulations                the availability of information for this              Lochbaum with co-petitioner Paul
                                                      are not met.’’ The petition was docketed                action. You may obtain publicly-                      Gunter request that the NRC amend its
                                                      by the NRC on May 26, 2017, and has                     available information related to this                 regulations to establish acceptable
                                                      been assigned Docket No. PRM–50–115.                    action by any of the following methods:               conditions for the use of compensatory
                                                      The NRC is examining the issues raised                     • Federal Rulemaking Web site: Go to               measures (e.g., fire watches,
                                                      in PRM–50–115 to determine whether                      http://www.regulations.gov and search                 surveillance cameras) during periods
                                                      they should be considered in                            for Docket ID NRC–2017–0132.                          when fire protection regulations are not
                                                      rulemaking. The NRC is requesting                          • NRC’s Agencywide Documents                       met.
                                                      public comment on this petition.                        Access and Management System                          IV. Discussion of the Petition
                                                      DATES: Submit comments by December                      (ADAMS): You may obtain publicly-                        The petitioners state that the NRC’s
                                                      20, 2017. Comments received after this                  available documents online in the                     ‘‘fire protection regulations were
                                                      date will be considered if it is practical              ADAMS Public Documents collection at                  primarily established with the issuance
                                                      to do so, but the NRC is able to assure                 http://www.nrc.gov/reading-rm/                        of Appendix R to 10 CFR part 50 in
                                                      consideration only for comments                         adams.html. To begin the search, select               1980 and the NFPA [National Fire
                                                      received on or before this date.                        ‘‘ADAMS Public Documents’’ and then                   Protection Association] 805 alternative
                                                                                                              select ‘‘Begin Web-based ADAMS                        regulations adopted in 2004.’’ The
                                                      ADDRESSES:   You may submit comments                    Search.’’ For problems with ADAMS,                    petitioners are referring to the final rule
                                                      by any of the following methods:                        please contact the NRC’s Public                       in 1980 that issued appendix R to part
                                                         • Federal Rulemaking Web site: Go to                 Document Room (PDR) reference staff at                50 of title 10 of the Code of Federal
                                                      http://www.regulations.gov and search                   1–800–397–4209, 301–415–4737, or by                   Regulations (10 CFR) and revised 10
                                                      for Docket ID NRC–2017–0132. Address                    email to pdr.resource@nrc.gov. The                    CFR 50.48 (45 FR 76602; November 19,
                                                      questions about NRC dockets to Carol                    petition for rulemaking is available in               1980). The 2004 final rule (69 FR 33536;
                                                      Gallagher; telephone: 301–415–3463;                     ADAMS under Accession No.                             June 6, 2004) further revised 10 CFR
                                                      email: Carol.Gallagher@nrc.gov. For                     ML17146A393.                                          50.48 and added alternative fire
                                                      technical questions contact the                            • NRC’s PDR: You may examine and                   protection regulations based on National
                                                      individual listed in the FOR FURTHER                    purchase copies of public documents at                Fire Protection Association Standard
                                                      INFORMATION CONTACT section of this                     the NRC’s PDR, Room O1–F21, One                       805, ‘‘Performance-Based Standard for
                                                      document.                                               White Flint North, 11555 Rockville                    Fire Protection for Light Water Reactor
                                                                                                              Pike, Rockville, Maryland 20852.                      Electric Generating Plants.’’ The
                                                         • Email comments to:
                                                      Rulemaking.Comments@nrc.gov. If you                     B. Submitting Comments                                petitioners include as ‘‘Figure 1’’ in
                                                      do not receive an automatic email reply                                                                       their petition a timeline including
                                                                                                                Please include Docket ID NRC–2017–                  compensatory measure guidance
                                                      confirming receipt, then contact us at                  0132 in your comment submission.
                                                      301–415–1677.                                                                                                 documents that the NRC has issued. The
                                                                                                                The NRC cautions you not to include                 NRC guidance documents from Figure 1
                                                         • Fax comments to: Secretary, U.S.                   identifying or contact information that               in the petition include the following:
                                                      Nuclear Regulatory Commission at 301–                   you do not want to be publicly                           (1) NRC Bulletin 1975–004, ‘‘Cable
                                                      415–1101.                                               disclosed in your comment submission.                 Fire at Browns Ferry Nuclear Power
                                                         • Mail comments to: Secretary, U.S.                  The NRC will post all comment                         Station,’’ March 25, 1975 (ADAMS
                                                      Nuclear Regulatory Commission,                          submissions at http://                                Accession No. ML070220189);
                                                      Washington, DC 20555–0001, ATTN:                        www.regulations.gov as well as enter the                 (2) Nuclear Steam Supply System
                                                      Rulemakings and Adjudications Staff.                    comment submissions into ADAMS.                       Vendor Standard Technical
                                                                                                              The NRC does not routinely edit                       Specifications (NUREG–0103,
                                                         • Hand deliver comments to: 11555
                                                                                                              comment submissions to remove                         ‘‘Standard Technical Specifications for
                                                      Rockville Pike, Rockville, Maryland
                                                                                                              identifying or contact information.                   Babcock and Wilcox Pressurized Water
                                                      20852, between 7:30 a.m. and 4:15 p.m.
                                                      (Eastern Time) Federal workdays;                          If you are requesting or aggregating                Reactors,’’ Revision 0, 1976 (ADAMS
                                                      telephone: 301–415–1677.                                comments from other persons for                       Accession No. ML17266A000), Revision
                                                                                                              submission to the NRC, then you should                1 (ADAMS Accession No.
                                                         For additional direction on obtaining                inform those persons not to include                   ML17266A001); NUREG–0123,
                                                      information and submitting comments,                    identifying or contact information that               ‘‘Standard Technical Specifications for
                                                      see ‘‘Obtaining Information and                         they do not want to be publicly                       General Electric Boiling Water
                                                      Submitting Comments’’ in the                            disclosed in their comment submission.                Reactors,’’ Revision 0, 1976 (ADAMS
                                                      SUPPLEMENTARY INFORMATION section of                    Your request should state that the NRC                Accession No. ML17266A007), Revision
                                                      this document.                                          does not routinely edit comment                       1 (ADAMS Accession No.
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                                                      FOR FURTHER INFORMATION CONTACT:                        submissions to remove such information                ML17266A008); NUREG–0212,
                                                      Jessica Kratchman, Office of Nuclear                    before making the comment                             ‘‘Standard Technical Specifications for
                                                      Reactor Regulations, U.S. Nuclear                       submissions available to the public or                Combustion Engineering Pressurized
                                                      Regulatory Commission, Washington,                      entering the comment into ADAMS.                      Water Reactors,’’ Revision 0, 1976
                                                      DC 20555–0001; telephone: 301–415–                                                                            (ADAMS Accession No. ML17266A003),
                                                                                                              II. The Petitioner
                                                      5112, email: Jessica.Kratchman@                                                                               Revision 1 (ADAMS Accession No.
                                                      nrc.gov.                                                  The petition was filed by David                     ML17266A004); and NUREG–0452,
                                                                                                              Lochbaum, on behalf of the Union of                   ‘‘Standard Technical Specifications for
                                                      SUPPLEMENTARY INFORMATION:                              Concerned Scientists and Beyond                       Westinghouse Pressurized Water


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                                                                               Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Proposed Rules                                        46719

                                                      Reactors,’’ Revision 0, 1976 (ADAMS                        (14) NUREG/CR–7135,                                SUMMARY:    We propose to adopt a new
                                                      Accession No. ML17266A005), Revision                    ‘‘Compensatory and Alternative                        airworthiness directive (AD) for certain
                                                      1 (ADAMS Accession No.                                  Regulatory Measures for Nuclear Power                 The Boeing Company Model 787–8 and
                                                      ML17266A006));                                          Plant Fire Protection (CARMEN–FIRE),’’                787–9 airplanes. This proposed AD was
                                                         (3) Branch Technical Position                        Final Report, August 2015 (ADAMS                      prompted by a report of an in-service
                                                      Auxiliary Power Conversion Systems                      Accession No. ML15226A446).                           reliability issue of a latent flow sensor
                                                      Branch 9.5–1, ‘‘Guidelines for Fire                        The petitioners assert that these                  failure combined with single cabin air
                                                      Protection for Nuclear Power Plants,’’                  guidance documents associated with the                compressor (CAC) operation. This
                                                      May 1, 1976 (ADAMS Accession No.                        current regulations are deficient for                 condition resulted in reduced airflow
                                                      ML070660461), Revision 1, May 13,                       three reasons:                                        which led to a persistent single CAC
                                                      1979 (ADAMS Accession No.                                  (1) They are not regulations and,                  surge condition that caused overheat
                                                      ML070660450); and Appendix A,                           therefore, convey unenforceable                       damage to the CAC inlet. This proposed
                                                      ‘‘Guidelines for Fire Protection for                    expectations;                                         AD would require installing new pack
                                                      Nuclear Power Plants Docketed Prior to                     (2) They create confusion for                      control unit (PCU) software for the cabin
                                                      July 1, 1976,’’ August 23, 1976 (ADAMS                  licensees, NRC inspectors and                         air conditioning and temperature
                                                      Accession No. ML15322A269), and                         reviewers, and the public about what                  control system (CACTCS) and new CAC
                                                      February 24, 1977 (ADAMS Accession                      constitutes an acceptable substitute for              outlet pressure sensor J-tube hardware,
                                                      No. ML070660458);                                       compliance with fire protection                       and doing related investigative and
                                                         (4) NUREG–0050, ‘‘Recommendations                    regulations following identification of a             corrective actions if necessary. We are
                                                      Related to Browns Ferry Fire,’’ February                deficiency, as well as the permissible                proposing this AD to address the unsafe
                                                      1976 (ADAMS Accession No.                               durations of the substitutions; and                   condition on these products.
                                                      ML070520452);                                              (3) They were not developed through                DATES: We must receive comments on
                                                         (5) NRC Generic Letter 1980–100,                     an open process, so the public did not                this proposed AD by November 20,
                                                      ‘‘Appendix R to 10 CFR Regarding Fire                   have opportunities to weigh in on the                 2017.
                                                      Protection—Federal Register Notice,’’                   acceptability of various compensatory
                                                      November 24, 1980 (ADAMS Accession                      measures.                                             ADDRESSES:   You may send comments,
                                                      No. ML070220242);                                          The petitioners assert that a proposed             using the procedures found in 14 CFR
                                                         (6) NRC Generic Letter 1981–012,                     rulemaking would ensure that                          11.43 and 11.45, by any of the following
                                                      ‘‘Fire Protection Rule (45 FR 76602,                    compensatory measures are used                        methods:
                                                      November 19, 1980),’’ February 20, 1981                 appropriately following a violation in                   • Federal eRulemaking Portal: Go to
                                                      (ADAMS Accession No. ML031080537);                      fire protection regulations, and that the             http://www.regulations.gov. Follow the
                                                         (7) NRC Generic Letter 1986–010,                     rulemaking process would provide the                  instructions for submitting comments.
                                                      ‘‘Implementation of Fire Protection                     public the opportunity to weigh in on                    • Fax: 202–493–2251.
                                                      Requirements,’’ April 24, 1986 (ADAMS                   the appropriateness of the use of various                • Mail: U.S. Department of
                                                      Accession No. ML031150322);                             compensatory measures before the                      Transportation, Docket Operations, M–
                                                         (8) NRC Generic Letter 1988–012,                     requirements are adopted as final. The                30, West Building Ground Floor, Room
                                                      ‘‘Removal of Fire Protection                            petitioners also assert that a final rule             W12–140, 1200 New Jersey Avenue SE.,
                                                      Requirements from Technical                             would clear up any current confusion                  Washington, DC 20590.
                                                      Specifications,’’ August 2, 1988                        caused by the guidance documents for                     • Hand Delivery: Deliver to Mail
                                                      (ADAMS Accession No. ML031150471);                      the NRC’s licensees and inspectors and                address above between 9 a.m. and 5
                                                         (9) NRC Information Notice No. 1997–                 would provide enforceable requirements                p.m., Monday through Friday, except
                                                      048, ‘‘Inadequate or Inappropriate                      for the NRC.                                          Federal holidays.
                                                      Interim Fire Protection Compensatory                                                                             For service information identified in
                                                      Measures,’’ July 9, 1997 (ADAMS                           Dated at Rockville, Maryland, this 2nd day          this NPRM, contact Boeing Commercial
                                                                                                              of October 2017.                                      Airplanes, Attention: Contractual & Data
                                                      Accession No. ML070180068);
                                                         (10) NRC Bulletin 1992–01, ‘‘Failure                   For the Nuclear Regulatory Commission.              Services (C&DS), 2600 Westminster
                                                      of Thermo-Lag 330 Fire Barrier System                   Annette L. Vietti-Cook,                               Blvd., MC 110 SK57, Seal Beach, CA
                                                      to Maintain Cabling in Wide Cable                       Secretary of the Commission.                          90740–5600; telephone: 562–797–1717;
                                                      Trays and Small Conduits Free from                      [FR Doc. 2017–21544 Filed 10–5–17; 8:45 am]           Internet: https://www.myboeing
                                                      Fire Damage,’’ June 24, 1992 (ADAMS                     BILLING CODE 7590–01–P                                fleet.com. You may view this service
                                                      Accession No. ML031250239);                                                                                   information at the FAA, Transport
                                                         (11) NRC Regulatory Issue Summary                                                                          Standards Branch, 1601 Lind Avenue
                                                      2005–007, ‘‘Performance of Manual                       DEPARTMENT OF TRANSPORTATION                          SW., Renton, WA. For information on
                                                      Actions to Satisfy the Requirements of                                                                        the availability of this material at the
                                                      10 CFR part 50 Appendix R Section                       Federal Aviation Administration                       FAA, call 425–227–1221. It is also
                                                      III.G.2.,’’ April 19, 2005 (ADAMS                                                                             available on the Internet at http://
                                                      Accession No. ML042360547);                             14 CFR Part 39                                        www.regulations.gov by searching for
                                                         (12) NRC Regulatory Guide 1.189,                                                                           and locating Docket No. FAA–2017–
                                                                                                              [Docket No. FAA–2017–0904; Product
                                                      ‘‘Fire Protection for Nuclear Power                     Identifier 2017–NM–071–AD]                            0904.
                                                      Plants,’’ Revision 2, October 2009
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      (ADAMS Accession No. ML092580550);                      RIN 2120–AA64                                         Examining the AD Docket
                                                         (13) NRC Regulatory Guide 1.205,                                                                             You may examine the AD docket on
                                                      ‘‘Risk-Informed, Performance-Based Fire                 Airworthiness Directives; The Boeing                  the Internet at http://
                                                      Protection for Existing Light-Water                     Company Airplanes                                     www.regulations.gov by searching for
                                                      Nuclear Power Plants,’’ Revision 0, May                 AGENCY: Federal Aviation                              and locating Docket No. FAA–2017–
                                                      2006 (ADAMS Accession No.                               Administration (FAA), DOT.                            0904; or in person at the Docket
                                                      ML061100174); Revision 1, December                                                                            Management Facility between 9 a.m.
                                                                                                              ACTION: Notice of proposed rulemaking
                                                      2009 (ADAMS Accession No.                                                                                     and 5 p.m., Monday through Friday,
                                                                                                              (NPRM).
                                                      ML092730314); and                                                                                             except Federal holidays. The AD docket


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Document Created: 2017-10-06 00:09:18
Document Modified: 2017-10-06 00:09:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionPetition for rulemaking; notice of docketing and request for comment.
DatesSubmit comments by December 20, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.
ContactJessica Kratchman, Office of Nuclear Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5112, email: [email protected]
FR Citation82 FR 46717 

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