83_FR_162 83 FR 161 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations

83 FR 161 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 1 (January 2, 2018)

Page Range161-175
FR Document2017-27930

Pursuant to Section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all notices of amendments issued, or proposed to be issued, from December 5, 2017, to December 18, 2017. The last biweekly notice was published on December 19, 2017.

Federal Register, Volume 83 Issue 1 (Tuesday, January 2, 2018)
[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 161-175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27930]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0238]


Biweekly Notice; Applications and Amendments to Facility 
Operating Licenses and Combined Licenses Involving No Significant 
Hazards Considerations

AGENCY: Nuclear Regulatory Commission.

ACTION: Biweekly notice.

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

SUMMARY: Pursuant to Section 189a. (2) of the Atomic Energy Act of 
1954, as amended (the Act), the U.S. Nuclear Regulatory Commission 
(NRC) is publishing this regular biweekly notice. The Act requires the 
Commission to publish notice of any amendments issued, or proposed to 
be issued, and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This biweekly notice includes all notices of amendments issued, or 
proposed to be issued, from December 5, 2017, to December 18, 2017. The 
last biweekly notice was published on December 19, 2017.

DATES: Comments must be filed by February 1, 2018. A request for a 
hearing must be filed by March 5, 2018.

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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0238. 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: May Ma, Office of Administration, Mail 
Stop: OWFN-2-A13, 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: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1927, email: Lynn.Ronewicz@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0238, facility name, unit 
number(s), plant docket number, application date, and subject 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0238.
     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 this 
document.
     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-2017-0238, facility name, unit 
number(s), plant docket number, application date, and subject 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. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses and Proposed No Significant 
Hazards Consideration Determination

    The Commission has made a proposed determination that the following 
amendment requests involve no significant hazards consideration. Under 
the Commission's regulations in Sec.  50.92 of title 10 of the Code of 
Federal Regulations (10 CFR), this means that operation of the facility 
in accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated, or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be

[[Page 162]]

considered in making any final determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish in the Federal Register a notice of 
issuance. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or federally recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

B. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for

[[Page 163]]

leave to intervene (petition), any motion or other document filed in 
the proceeding prior to the submission of a request for hearing or 
petition to intervene, and documents filed by interested governmental 
entities that request to participate under 10 CFR 2.315(c), must be 
filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 
28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing 
process requires participants to submit and serve all adjudicatory 
documents over the internet, or in some cases to mail copies on 
electronic storage media. Detailed guidance on making electronic 
submissions may be found in the Guidance for Electronic Submissions to 
the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals.html, by 
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.
    For further details with respect to these license amendment 
applications, see the application for amendment which is available for 
public inspection in ADAMS and at the NRC's PDR. For additional 
direction on accessing information related to this document, see the 
``Obtaining Information and Submitting Comments'' section of this 
document.
Dominion Nuclear Connecticut, Inc. (DNC), Docket No. 50-336, Millstone 
Power Station, Unit No. 2, New London County, Connecticut
    Date of amendment request: October 4, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17284A179.
    Description of amendment request: The amendment would revise the 
Millstone Power Station, Unit No. 2 (MPS2) Technical Specification (TS) 
6.19, ``Containment Leakage Rate Testing Program,'' by replacing the 
reference to Regulatory Guide (RG) 1.163, ``Performance-Based 
Containment Leak-Test Program,'' with a reference to Nuclear Energy 
Institute (NEI) Topical Report NEI 94-01, Revision 3-A, ``Industry 
Guideline for Implementing Performance-Based Option of 10 CFR part 50, 
Appendix J,'' and the limitations and conditions specified in NEI 94-
01, Revision 2-A, as the

[[Page 164]]

implementing documents used to develop the MPS2 performance-based 
leakage testing program in accordance with 10 CFR, Appendix J, Option 
B, ``Primary Reactor Containment Leakage Testing for Water-Cooled Power 
Reactors.'' The amendment would allow DNC to extend the Type A primary 
containment integrated leak rate test interval (ILRT) for MPS2 to 15 
years and the Type C local leak rate test interval to 75 months, and 
incorporates the regulatory positions stated in RG 1.163.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed amendment involves changes to the MPS2 Containment 
Leakage Rate Testing Program. The proposed amendment does not 
involve a physical change to the plant or a change in the manner in 
which the plant is operated or controlled. The primary containment 
function is to provide an essentially leak tight barrier against the 
uncontrolled release of radioactivity to the environment for 
postulated accidents. As such, the containment and the testing 
requirements to periodically demonstrate the integrity of the 
containment exist to ensure the plant's ability to mitigate the 
consequences of an accident, and do not involve any accident 
precursors or initiators.
    Therefore, the probability of occurrence of an accident 
previously evaluated is not significantly increased by the proposed 
amendment.
    The proposed amendment adopts the NRC-accepted guidelines of NEI 
94-01, Revision 3-A, and the limitations and conditions specified in 
NEI 94-01, Rev. 2-A, for development of the MPS2 performance-based 
leakage testing program. Implementation of these guidelines 
continues to provide adequate assurance that during design basis 
accidents, the primary containment and its components will limit 
leakage rates to less than the values assumed in the plant safety 
analyses. The potential consequences of extending the ILRT interval 
to 15 years have been evaluated by analyzing the resulting changes 
in risk. The increase in risk in terms of person-rem [roentgen 
equivalent man] per year within 50 miles resulting from design basis 
accidents was estimated to be acceptably small and determined to be 
within the guidelines published in RG 1.174. Additionally, the 
proposed change maintains defense-in-depth by preserving a 
reasonable balance among prevention of core damage, prevention of 
containment failure, and consequence mitigation. DNC has determined 
that the increase in Conditional Containment Failure Probability due 
to the proposed change is very small.
    Therefore, [the proposed change does not involve a significant 
increase in the probability or consequences] of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed amendment adopts the NRC-accepted guidelines of NEI 
94-01, Revision 3-A, and the limitations and conditions specified in 
NEI 94-01, Rev. 2-A, for development of the MPS2 performance-based 
leakage testing program, and establishes a 15-year interval for Type 
A testing and an interval not to exceed 75 months for Type C 
testing. The containment and the testing requirements to 
periodically demonstrate the integrity of the containment exist to 
ensure the plant's ability to mitigate the consequences of an 
accident; do not involve any accident precursors or initiators. The 
proposed change does not involve a physical change to the plant 
(i.e., no new or different type of equipment will be installed) or a 
change to the manner in which the plant is operated or controlled.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    The proposed amendment adopts the NRC-accepted guidelines of NEI 
94-01, Revision 3-A, and the limitations and conditions specified in 
NEI 94-01, Rev. 2-A, for the development of the MPS2 performance-
based leakage testing program, and establishes a 15-year interval 
for Type A testing and an interval not to exceed 75 months for Type 
C testing. This amendment does not alter the manner in which safety 
limits, limiting safety system setpoints, or limiting conditions for 
operation are determined. The specific requirements and conditions 
of the Containment Leakage Rate Testing Program, as defined in the 
TS, ensure that the degree of primary containment structural 
integrity and leak-tightness that is considered in the plant's 
safety analysis is maintained. The overall containment leakage rate 
limit specified by the TS is maintained, and the Type A, Type B, and 
Type C containment leakage tests will be performed at the 
frequencies established in accordance with the NRC-accepted 
guidelines of NEI 94-01, Revision 3-A, and the limitations and 
conditions specified in NEI 94-01, Rev. 2-A.
    Containment inspections performed in accordance with other plant 
programs serve to provide a high degree of assurance that the 
containment will not degrade in a manner that is not detectable by 
an ILRT. A risk assessment using the current MPS2 PRA [probabilistic 
risk assessment] model concluded that extending the ILRT test 
interval from 10 years to 15 years results in a small change to the 
MPS2 risk profile.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion 
Energy, Inc., 120 Tredegar Street, RS-2, Richmond, VA 23219.
    NRC Branch Chief: James G. Danna.
DTE Electric Company, Docket No. 50-341, Fermi 2, Monroe County, 
Michigan
    Date of amendment request: August 24, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17237A176.
    Description of amendment request: The proposed amendment revises 
Technical Specification (TS) 3.3.1.1, ``Reactor Protection System (RPS) 
Instrumentation,'' to eliminate the main steam line radiation monitor 
(MSLRM) functions for initiating (1) a reactor protection system 
automatic reactor trip and (2) the associated (Group 1) primary 
containment isolation system (PCIS) isolations, which include automatic 
closure of the main steam isolation valves (MSIV) and main steam line 
(MSL) drain valves. The proposed changes also remove requirements for 
Group 1 PCIS isolation from TS 3.3.6.1, ``Primary Containment Isolation 
Instrumentation.'' This submittal also proposes the addition of two new 
TS Limiting Conditions for Operation, 3.3.7.2 and 3.3.7.3, for the 
mechanical vacuum pump and gland seal exhauster trip instrumentation 
that will be required to actuate in response to high MSL radiation.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed changes eliminate the MSLRM trip and isolation 
functions from initiating an automatic reactor scram and automatic 
closure of the MSIVs. The justification for eliminating the MSLRM 
trip and MSIV isolation functions is based on the NRC-approved 
evaluation provided in GE LTR [General Electric Licensing Topical 
Report] NEDO-31400A, ``Safety Evaluation for Eliminating the Boiling 
Water Reactor Main Steam Line Isolation Valve Closure Function and 
Scram Function of the Main Steam Line Radiation Monitor,'' dated 
October 1992.

[[Page 165]]

    The MSLRM high radiation RPS scram function has never been 
credited to shut down the reactor in response to a postulated CRDA 
[control rod drop accident]; instead, the neutron monitoring system 
will continue to be the credited means to shut down the reactor in 
response to the high flux condition that results from the reactivity 
inserted by the CRDA.
    The consequences of an accident previously evaluated, have been 
re-evaluated consistent with RG [Regulatory Guide] 1.183 Rev. 0 AST 
[alternate source term] (10 CFR 50.67) for the applicable DBA 
[design basis accident] (i.e., the CRDA) as stipulated in NEDO-
31400A. The supporting dose analyses demonstrate that, with 
continued credit for the automatic trip/isolation of the MVPs 
[mechanical vacuum pump] as well as a new proposed automatic trip of 
the GSEs [gland seal exhauster], the consequences of the accident 
are within the regulatory acceptance criteria recommended in RG 
1.183 Rev. 0 for compliance with 10 CFR 50.67. As a result, the 
consequences of any accident previously evaluated are not 
significantly increased.
    The proposed modification of the trip logic for the MVPs to 
utilize the safety-related MSLRM signals is an improvement over the 
current licensed configuration of the MVP trip, which utilizes the 
nonsafety-related offgas 2-minute delay pipe radiation monitor 
``High-High'' radiation signal. Reliance on the safety-related MSLRM 
signal is consistent with similar approved license amendments and, 
in addition to improving the quality and reliability of the sensing 
circuit, ensures the signal is generated at the time of earliest 
possible detection and therefore improves the effectiveness of the 
actuation. The trip setpoint utilized corresponds to the same value 
previously assigned for initiating MSIV isolation in response to the 
design basis CRDA. The offgas 2-minute delay pipe radiation monitor 
alarm function is being retained, with a more conservative setpoint, 
to continue to provide indication of increased radiation.
    Similar to the MVPs, the proposed new trip of the nonsafety-
related GSEs is also necessary to ensure calculated radiological 
consequences remain within the regulatory acceptance limits. 
Reliance on the safety-related MSLRM signal is consistent with BWR 
[boiling water reactor] design for reliable tripping of the 
nonsafety-related MVPs and ensures the signal is reliably generated 
at the time of earliest possible detection and maximizes the 
effectiveness of the actuation.
    The proposed changes also include the elimination of the MSLRM 
isolation function from automatically closing the MSL drain valves. 
The contents of the MSL drain lines are conveyed to the main 
condenser. The evaluation of the condenser release path assumes that 
100% of CRDA activity released is transported to the main condenser 
in 1 second, and therefore, the transportation of the post-CRDA 
activity from the reactor coolant to the main condenser either via 
MSLs or MSL drain lines is inconsequential and is supported by the 
dose analyses performed in support of this submittal.
    Neither the MSLRMs nor the MVPs are postulated initiators of any 
accident previously evaluated. None of the proposed changes alter 
the probability of the occurrence of the CRDA initiating event.
    The loss of the GSEs is a malfunction of equipment considered in 
UFSAR [updated final safety analysis report] Section 15.12 
``Malfunction of Turbine Gland Sealing System.'' In the event that 
the operating blower malfunctions, the backup blower will 
automatically assume the gas removal requirements. Assuming loss of 
both blowers, vacuum will be lost in the gland steam condenser. No 
cladding perforations result from a malfunction of the turbine gland 
sealing system. The pressure in the gland steam exhaust header will 
increase to greater than atmospheric, allowing sealing steam to 
escape into the turbine building. If exhauster vacuum falls below a 
specified value, caused for example by loss of alternating current 
(AC) power, a vacuum switch initiates the closing of the live steam 
supply to the gland steam header. Above 50% to 60% reactor power, 
the turbine is self-sealing; hence, the packing lines would remain 
pressurized under normal operating conditions.
    The logic associated with the new trip of the GSEs will be 
designed to preserve the existing ability of the backup exhauster to 
automatically respond to a loss of the operating exhauster, in the 
absence of a valid high MSL radiation trip signal. Similar to the 
design of the RPS trip logic that is proposed to be eliminated, the 
GSE trip logic will be configured such that no single failure of a 
MSLRM can generate a GSE trip signal. As specified in the 
``Applicability'' section for the new proposed LCO [limiting 
condition for operation] 3.3.7.3, the trip logic will be 
automatically bypassed when reactor power is above 10% RTP [rated 
thermal power] when the consequences postulated in association with 
a CRDA are not credible. On the basis of the configuration of the 
GSE trip logic, the quality of the initiating trip logic signal, and 
the short duration of normal operation for which the GSE trip logic 
will be active, the probability of a malfunction of equipment 
leading to the loss of the turbine gland sealing system is not 
significantly increased.
    The proposed changes do not increase system or component 
pressures, temperatures, or flowrates for systems designed to 
prevent accidents or mitigate the consequences of an accident. Since 
these conditions do not change, the probability of a process-induced 
failure or malfunction of a SSC [system, structure, or component] is 
not increased.
    The addition of MVP and GSE SRs [surveillance requirements] and 
LCOs to the TS enhances the reliability of these design functions by 
establishing administrative requirements for periodic verification 
of their operability.
    The reliance on a lower assigned MSL high radiation alarm 
setpoint of 1.5 times the full power N-16 background will direct the 
control room operators to diagnose and act to mitigate conditions 
associated with fuel damage and release sooner than the current 
alarm condition which will reduce the potential consequences of a 
postulated release due to a CRDA.
    On the basis of the above considerations, the proposed changes 
do not involve a significant increase in the probability or 
consequences of an accident previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed changes do not increase system or component 
pressures, temperatures, or flowrates. Since these conditions do not 
change, the likelihood of a process-induced failure or malfunction 
of a SSC not previously considered is not increased.
    The reliance on the MVP trip to ensure acceptable dose 
consequences following a postulated CRDA is consistent with the 
original plant design and licensing bases. The re-assignment of the 
initiating input for the MVP trip logic to the MSLRM improves the 
quality and reliability of the credited trip initiating logic by 
relying on safety-related, redundant components. The quality of the 
nonsafety-related trip circuit itself is unchanged.
    The reliance on the proposed trip of the GSEs is a function that 
is credited to ensure acceptable dose consequences following a 
postulated CRDA. The use of the safety-related redundant MSLRM 
signals and nonsafety-related trip circuit provides the same level 
of quality and reliability of the initiating trip logic and trip 
circuitry credited to trip the MVPs. These requirements provide the 
reliability necessary to ensure the assumptions of the analyzed CRDA 
remain valid.
    Both the safety-related trip logic and the nonsafety-related 
trip circuits associated with the MVP and GSE trips will be designed 
to include qualified electrical isolation necessary to ensure the 
nonsafety-related trip circuitry cannot induce failures of or affect 
the reliability of the safety-related trip logic.
    The new GSE trip will be designed to preserve the existing 
function for auto-start of the standby exhauster in the event that 
the plant experiences a loss of the operating exhauster, in the 
absence of a valid high MSL radiation trip signal. An installed 
automatic bypass of the GSE trip is actuated once steam flow and 
feedwater flow correspond to the same Low Power Setpoint used to 
disable the rod block function of the Rod Worth Minimizer during 
plant startup. This bypass will minimize the potential for the plant 
to experience a loss of both GSEs and potential ensuing turbine trip 
due to a failure of the new trip circuit. The status of the GSE trip 
bypass will be available to the control room operators and be 
required to be verified as a part of the plant general operating 
procedures for startup/shutdown.
    Adding requirements for the MVP and GSE trip instrumentation in 
the TS will ensure that appropriate measures and requirements are in 
place such that any release of radioactive material released from a 
gross fuel failure will be contained in the main condenser and 
processed through the offgas system in the manner credited in the 
plant analysis of the CRDA.
    The MSLRM trip and isolation functions being eliminated as 
described above are only applicable to the CRDA and no other event

[[Page 166]]

in the safety analysis. The proposed changes are consistent with the 
revised safety analysis assumptions for a CRDA as described in this 
license amendment request.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed changes eliminating the MSLRM trip and isolation 
functions from initiating an automatic reactor scram and automatic 
closure of the MSIVs are justified based on the NRC-approved LTR 
NEDO-31400A and supporting dose analysis. The supporting dose 
analysis also supports the elimination of the MSL drain isolation 
function of the MSLRMs on the basis that with the valves open the 
source term associated with the analyzed release is directed to the 
main condenser the same as it would be via the MSLs themselves.
    The methods of analysis and assumptions used to evaluate the 
consequences of the applicable impacted safety analysis (i.e. the 
CRDA) are consistent with the conservative regulatory requirements 
and guidance identified in Section 5.1 above [this is a reference to 
``Applicable Regulatory Requirements/Criteria'' in DTE August 24, 
2017, license amendment request] and establish estimates of the EAB 
[exclusion area boundary], LPZ [low population zone], and MCR [main 
control room] doses that comply with these criteria. Hence, there is 
reasonable assurance that Fermi 2, modified as proposed by this 
submittal, will continue to provide sufficient safety margins to 
address unanticipated events and to compensate for uncertainties in 
accident progression and analysis assumptions and parameters.
    Adding requirements for the MVP and GSE high MSL radiation trips 
in the Fermi 2 TS will ensure that appropriate measures and 
requirements are in place to maintain the operability of these 
functions as such that any release of radioactive material from a 
gross fuel failure resulting from a CRDA will be contained in the 
main condenser and processed through the offgas system.
    The proposed changes do not increase system or component 
pressures, temperatures, or flowrates for systems designed to 
prevent accidents or mitigate the consequences of an accident.
    The analyses performed in accordance with the specified NRC-
approved methods and assumptions demonstrate that the removal of the 
trip and isolation functions as described will not cause a 
significant reduction in the margin of safety, as the resulting 
offsite dose consequences are being maintained within regulatory 
limits. The proposed changes do not exceed or alter a design basis 
or a safety limit for a parameter to be described or established in 
the UFSAR [updated final safety analysis report].
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Jon P. Christinidis, DTE Energy, Expert 
Attorney--Regulatory, 688 WCB, One Energy Plaza, Detroit, MI 48226-
1279.
    NRC Branch Chief: David J. Wrona.
Duke Energy Progress, LLC (Duke Energy), Docket No. 50-400, Shearon 
Harris Nuclear Power Plant, Unit 1 (HNP), Wake and Chatham Counties, 
North Carolina
Duke Energy Progress, LLC, Docket No. 50-261, H.B. Robinson Steam 
Electric Plant Unit No. 2 (RNP), Darlington County, South Carolina
    Date of amendment request: October 19, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17292A040.
    Description of amendment request: The proposed amendment request 
consists of five changes that would revise the Technical Specifications 
(TSs) to support the allowance of Duke Energy to self-perform core 
reload design and safety analyses. These changes would (1) add the NRC-
approved COPERNIC Topical Report (TR) to the list of TRs for HNP and 
RNP; (2) relocate several TS parameters to the Core Operating Limits 
Reports for HNP and RNP; (3) revise the RNP TS Moderator Temperature 
Coefficient maximum upper limit; (4) revise the HNP TS definition of 
Shutdown Margin consistent with Technical Specifications Task Force 
(TSTF) Traveler TSTF-248, Revision 0, ``Revise Shutdown Margin 
Definition for Stuck Rod Exception'' (ADAMS Accession No. ML040611010); 
and (5) revise the RNP and HNP power distribution limits limiting 
condition for operation actions and surveillance requirements to allow 
operation of a reactor core designed using the DPC-NE-2011-P 
[proprietary], ``Nuclear Design Methodology Report for Core Operating 
Limits of Westinghouse Reactors,'' methodology. (A redacted version, 
designated as DPC-NE-2011, is publicly-available under ADAMS Accession 
No. ML16125A420.)
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.

COPERNIC

    The proposed change adds a topical report for an NRC-reviewed 
and approved fuel performance code to the list of topical reports in 
RNP and HNP Technical Specifications (TS), which is administrative 
in nature and has no impact on a plant configuration or system 
performance relied upon to mitigate the consequences of an accident. 
The list of topical reports in the TS used to develop the core 
operating limits does not impact either the initiation of an 
accident or the mitigation of its consequences.

Relocate TS Parameters to the COLR

    The proposed change relocates certain cycle-specific core 
operating limits from the RNP and HNP TS to the Core Operating 
Limits Report (COLR). The cycle-specific values must be calculated 
using the NRC approved methodologies listed in the COLR section of 
the TS. Because the parameter limits are determined using the NRC 
methodologies, they will continue to be within the limit assumed in 
the accident analysis. As a result, neither the probability nor the 
consequences of any accident previously evaluated will be affected.

RNP MTC TS Change

    The proposed change revises the RNP Technical Specification 
maximum upper Moderator Temperature Coefficient (MTC) limit. 
Revision of the MTC limit does not affect the performance of any 
equipment used to mitigate the consequences of an analyzed accident. 
There is no impact on the source term or pathways assumed in 
accidents previously assumed. No analysis assumptions are violated 
and there are no adverse effects on the factors that contribute to 
offsite or onsite dose as the result of an accident.

HNP TSTF-248

    The proposed change revises the HNP Technical Specification 
definition of Shutdown Margin (SDM) consistent with existing NRC-
approved definition. The proposed revision to the SDM definition 
will result in analytical flexibility for determining SDM. Revision 
of the SDM definition does not affect the performance of any 
equipment used to mitigate the consequences of an analyzed accident. 
There is no impact on the source term or pathways assumed in 
accidents previously assumed. No analysis assumptions are violated 
and there are no adverse effects on the factors that contribute to 
offsite or onsite dose as the result of an accident.

DPC-NE-2011-P TS Changes

    The proposed change revises the RNP and HNP TS to allow 
operation of a reactor core designed using the DPC-NE-2011-P 
methodology. The DPC-NE-2011-P methodology has already been approved 
by the NRC for use at RNP and HNP. Revision of the TS to align with 
the NRC-approved methodology does not affect the performance of any 
equipment used to mitigate the consequences of an analyzed accident. 
There is no impact on the source term or pathways assumed in 
accidents previously assumed.

[[Page 167]]

No analysis assumptions are violated and there are no adverse 
effects on the factors that contribute to offsite or onsite dose as 
the result of an accident.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.

COPERNIC

    The proposed change adds a topical report for an NRC-reviewed 
and approved fuel performance code to the list of topical reports in 
HNP and RNP TS, which is administrative in nature and has no impact 
on a plant configuration or on system performance. The proposed 
change updates the list of NRC-approved topical reports used to 
develop the core operating limits. There is no change to the 
parameters within which the plant is normally operated. The 
possibility of a new or different kind of accident is not created.

Relocate TS Parameters to the COLR

    The proposed change relocates certain cycle-specific core 
operating limits from the RNP and HNP TS to the COLR. No new or 
different accidents result from utilizing the proposed change. The 
changes do not involve a physical alteration of the plant (i.e., no 
new or different type of equipment will be installed) or a change in 
the methods governing normal plant operation. In addition, the 
changes do not impose any new or different requirements or eliminate 
any existing requirements. The changes do not alter assumptions made 
in the safety analyses. The proposed changes are consistent with the 
safety analyses assumptions and current plant operating practice.

RNP MTC TS Change

    The proposed change revises the RNP Technical Specification 
maximum upper MTC limit. The proposed change does not physically 
alter the plant; that is, no new or different type of equipment will 
be installed. Therefore the proposed change could also not initiate 
an equipment malfunction that would result in a new or different 
type of accident from any previously evaluated. This change does not 
create new failure modes or mechanisms which are not identifiable 
during testing, and no new accident precursors are generated.

HNP TSTF-248

    Revising the HNP Technical Specification definition of SDM would 
not require revision to any SDM boron calculations. Rather, it would 
afford the analytical flexibility for determining SDM for a 
particular circumstance. The proposed change does not physically 
alter the plant; that is, no new or different type of equipment will 
be installed. Therefore the proposed change could also not initiate 
an equipment malfunction that would result in a new or different 
type of accident from any previously evaluated. This change does not 
create new failure modes or mechanisms which are not identifiable 
during testing, and no new accident precursors are generated.

DPC-NE-2011-P TS Changes

    The proposed change revises the RNP and HNP TS to allow 
operation of a reactor core designed using the DPC-NE-2011-P 
methodology. The DPC-NE-2011-P methodology has already been approved 
by the NRC for use at RNP and HNP. The proposed change does not 
physically alter the plant, that is, no new or different type of 
equipment will be installed. Therefore the proposed change could 
also not initiate an equipment malfunction that would result in a 
new or different type of accident from any previously evaluated. 
Operating the reactor in accordance with the NRC-approved 
methodology will ensure that the core will operate within safe 
limits. This change does not create new failure modes or mechanisms 
which are not identifiable during testing, and no new accident 
precursors are generated.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    Margin of safety is related to the confidence in the ability of 
the fission product barriers to perform their design functions 
during and following an accident. These barriers include the fuel 
cladding, the reactor coolant system, and the containment system.

COPERNIC

    The proposed change adds a topical report for an NRC-reviewed 
and approved fuel performance code to the list of topical reports in 
HNP and RNP TS, which is administrative in nature and does not amend 
the cycle specific parameters presently required by the TS. The 
individual TS continue to require operation of the plant within the 
bounds of the limits specified in the COLR. The proposed change to 
the list of analytical methods referenced in the COLR does not 
impact the margin of safety.

Relocate TS Parameters to the COLR

    The proposed change relocates certain cycle-specific core 
operating limits from the RNP and HNP TS to the COLR. This change 
will have no effect on the margin of safety. The relocated cycle-
specific parameters will continue to be calculated using NRC-
approved methodologies and will provide the same margin of safety as 
the values currently located in the TS.

RNP MTC TS Change

    The proposed change revises the RNP Technical Specification 
maximum upper MTC limit. The MTC limit change does not impact the 
reliability of the fission product barriers to function. 
Radiological dose to plant operators or to the public will not be 
impacted as a result of the proposed change. The current Updated 
Final Safety Analysis Report (UFSAR) Chapter 15 analyses of record 
remain bounding with the proposed change to the maximum upper MTC 
limit. Therefore, all of the applicable acceptance criteria continue 
to be met for each of the analyses with the revised maximum upper 
MTC limit.

HNP TSTF-248

    The proposed revision to the HNP Technical Specification 
definition of SDM does not impact the reliability of the fission 
product barriers to function. Radiological dose to plant operators 
or to the public will not be impacted as a result of the proposed 
change. Adequate SDM will continue to be ensured for all operational 
conditions.

DPC-NE-2011-P TS Changes

    The proposed change revises the RNP and HNP TS to allow 
operation of a reactor core designed using the DPC-NE-2011-P 
methodology. As a portion of the overall Duke Energy methodology for 
cycle reload safety analyses, DPC-NE-2011-P has already been 
approved by the NRC for use at RNP and HNP. The proposed change will 
continue to ensure that applicable design and safety limits are 
satisfied such that the fission product barriers will continue to 
perform their design functions. Operation of the reactor in 
accordance with the DPC-NE-2011-P methodology will ensure the margin 
of safety is not reduced.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 
Duke Energy Corporation, 550 South Tryon Street, Mail Code DEC45A, 
Charlotte NC 28202.
    NRC Branch Chief: Undine Shoop.
Duke Energy Progress, LLC, Docket No. 50-400, Shearon Harris Nuclear 
Power Plant, Unit 1, Wake and Chatham Counties, North Carolina
    Date of amendment request: October 10, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17283A159.
    Description of amendment request: The amendment would revise the 
Shearon Harris Nuclear Power Plant (HNP), Unit 1, Technical 
Specifications (TSs) to align more closely to improved Standard 
Technical Specifications for rod control and to the initial conditions 
in the HNP safety analyses. The proposed changes will delete TS action 
statement requirements that include a plant shutdown to address rods 
that are immovable but trippable. Revisions to surveillance 
requirements (SRs) are proposed to clarify actions that are not 
necessary if rods are immovable but still trippable.

[[Page 168]]

    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed license amendment involve a significant 
increase in the probability or consequences of an accident 
previously evaluated?
    Response: No.
    The proposed activity will delete action statement 3.1.3.1.c 
from the HNP TS and amend action statement 3.1.3.1.d, SR 
4.1.1.1.1.a, and SR 4.1.1.2.a. These TS actions address electrical 
problems that prevent the Control Rod Drive Mechanism (CRDM) from 
moving rods. These conditions do not affect the safety functions of 
the control rods or shutdown margin of the unit. Rods will still 
insert into the core on an interruption of power to the CRDM, as 
occurs in a reactor trip. Also, rod alignment is not impacted, 
ensuring no change to reactivity.
    The proposed activity is removing actions from the HNP TS for 
conditions that do not impact the plant's safety analysis. Rods will 
still insert into the core on an interruption of power to the CRDM, 
as occurs in a reactor trip. Also, rod alignment is not impacted, 
ensuring no change to reactivity or shutdown margin. Since the 
conditions of these TS actions do not impact the plant safety 
analysis, the plant shutdown directed by them is unnecessary. The 
overall probability or consequence of an accident will not be 
significantly increased by removing the unnecessary TS actions.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed license amendment create the possibility of 
a new or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed activity will delete action statement 3.1.3.1.c 
from the HNP TS and amend action statements 3.1.3.1.d, SR 
4.1.1.1.1.a, and SR 4.1.1.2.a. These TS actions address electrical 
problems that prevent the CRDM from moving rods. These conditions do 
not affect the safety functions of the control rods. Rods will still 
insert into the core on an interruption of power to the CRDM, as 
occurs in a reactor trip. Also, rod alignment is not impacted, 
ensuring no change to reactivity or shutdown margin.
    The proposed change does not involve installation of new 
equipment or modification of existing equipment, so that no new 
equipment failure modes are introduced. Also, the proposed change in 
TS does not result in a change to the way that the equipment or 
facility is operated that would create new accident initiators.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed license amendment involve a significant 
reduction in a margin of safety?
    Response: No.
    The proposed activity will delete action statement 3.1.3.1.c 
from the HNP TS and amend action statement 3.1.3.1.d, SR 
4.1.1.1.1.a, and SR 4.1.1.2.a. These actions address electrical 
problems that prevent the CRDM from moving rods. These conditions do 
not affect the safety functions of the control rods. Rods will still 
insert into the core on an interruption of power to the CRDM, as 
occurs in a reactor trip. Also, rod alignment is not impacted, 
ensuring no change to reactivity or shutdown margin.
    The TS action statements as amended will continue to address the 
two required safety functions of rod control: to shut down the 
reactor in the event of a reactor trip, or to maintain proper 
alignment to ensure even power distribution. TS action statement 
3.1.3.1.a will remain to drive actions if untrippable rods are 
identified. TS action statements 3.1.3.1.b and 3.1.3.1.d will remain 
to drive actions if misaligned rods are identified. The proposed 
changes to HNP TS do not significantly impact either rod safety 
function, and separate TS action statements for both functions will 
remain in place. Further, the impacted surveillances will continue 
to be applicable to conditions impacting either rod safety function.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kathryn B. Nolan, Deputy General Counsel, 
Duke Energy Corporation, 550 South Tryon St., M/C DEC45A, Charlotte, NC 
28202.
    NRC Branch Chief: Undine Shoop.
Exelon Generation Company, LLC, Docket No. 50-244, R.E. Ginna Nuclear 
Power Plant, Wayne County, New York
    Date of amendment request: October 31, 2017. A publicly available 
version is in ADAMS under Accession No. ML17304A984.
    Description of amendment request: The amendment would revise 
Technical Specification (TS) Surveillance Requirement 3.8.4.3, ``DC 
[Direct Current] Sources--MODES 1, 2, 3, and 4,'' for the R.E. Ginna 
Nuclear Power Plant (Ginna). The proposed change would allow the use of 
a consistent battery testing technique in order to provide consistent 
data for trending battery performance. This proposed change is based on 
guidance provided in the Institute of Electrical and Electronics 
Engineers (IEEE) Standard 450-2010, ``IEEE Recommended Practice for 
Maintenance, Testing, and Replacement of Vented Lead-Acid Batteries for 
Stationary Applications,'' which is endorsed by NRC Regulatory Guide 
1.129, Revision 3, ``Maintenance, Testing, and Replacement of Vented 
Lead-Acid Storage Batteries for Nuclear Power Plants.''
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change does not involve a significant increase in 
the probability or consequences of an accident previously evaluated. 
The proposed change will continue to ensure that the DC system is 
tested in a manner that will verify operability. Performance of the 
required system surveillances, in conjunction with the applicable 
operational and design requirements for the DC system, provide 
assurance that the system will be capable of performing the required 
design functions for accident mitigation and also that the system 
will perform in accordance with the functional requirements for the 
system as described in the Updated Final Safety Analysis Report for 
Ginna. This change is in accordance with IEEE Standard 450-2010, 
``IEEE Recommended Practice for Maintenance, Testing, and 
Replacement of Vented Lead-Acid Batteries for Stationary 
Applications,'' which has been endorsed by NRC Regulatory Guide 
1.129, Revision 3, ``Maintenance, Testing, and Replacement of Vented 
Lead-Acid Storage Batteries for Nuclear Power Plants.'' This endures 
that the rate of occurrence and consequences of analyzed accidents 
will not change.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not create the possibility of a new or 
different kind of accident from any previously evaluated. The 
proposed surveillance requirement change will continue to ensure 
that the DC system and in particular the batteries are tested in a 
manner that will verify operability. No physical changes to the 
Ginna systems, structures, or components are being implemented. 
There are no new or different accident initiators or sequences being 
created by the proposed TS change. Therefore, the change does not 
create the possibility of a new or different kind of accident from 
any accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change does not involve a significant reduction in 
the margin of safety.

[[Page 169]]

The proposed DC system surveillance requirement change provides 
appropriate and applicable surveillances for the DC system. The 
proposed change to surveillance requirements for the DC system will 
continue to ensure system operability.
    Therefore, this change does not affect any margin of safety for 
Ginna.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Tamra Domeyer, Associate General Counsel, 
Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 
60555.
    NRC Branch Chief: James G. Danna.
Indiana Michigan Power Company, Docket Nos. 50-315 and 50-316, Donald 
C. Cook Nuclear Plant, Units Nos. 1 and 2, Berrien County, Michigan
    Date of amendment request: November 7, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17317A472.
    Description of amendment request: The proposed change would allow 
for deviation from National Fire Protection Association (NFPA) 805 
requirements to allow for currently installed non-plenum listed cables 
routed above suspended ceilings and to allow for the use of thin wall 
electrical metallic tubing (EMT) and embedded/buried plastic conduit.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The use of EMT and embedded/buried PVC [polyvinyl chloride] does 
not create ignition sources and does not impact fire prevention. The 
EMT and embedded PVC had been in use since original plant 
construction, are allowed by the National Electrical Code and are 
not expected to increase the potential for a fire to start.
    The prior introduction of non-listed communication/data cables 
routed above suspended ceilings does not create ignition sources and 
does not impact fire prevention. Cable installation procedures are 
utilized to prevent the future installation of new cables that are 
noncompliant. Also, the communication/data cables routed above 
suspended ceilings do not result in compromising automatic fire 
suppression functions, manual fire suppression functions, fire 
protection or systems and structures, or post-fire safe shutdown 
capability.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do allow future physical changes to the 
facility that deviate from NFPA 805 requirements. However, the 
proposed changes do not alter any assumptions made in the safety 
analyses, nor do they involve any changes to plant procedures for 
ensuring that the plant is operated within analyzed limits. As such, 
no new failure modes or mechanisms that could cause a new or 
different kind of accident from any previously evaluated are being 
introduced.
    Therefore, the proposed changes do not create the possibility of 
a new or different kind of accident from any previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed changes do not alter the manner in which safety 
limits or limiting safety system settings are determined. No changes 
to instrument/system actuation setpoints are involved. The safety 
analysis acceptance criteria are not affected by this change and the 
proposed changes will not permit plant operation in a configuration 
outside the design basis.
    Therefore, the proposed changes do not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Robert B. Haemer, Senior Nuclear Counsel, 
One Cook Place, Bridgman, MI 49106.
    NRC Branch Chief: David J. Wrona.
Indiana Michigan Power Company, Docket Nos. 50-315 and 50-316, Donald 
C. Cook Nuclear Plant (CNP), Units Nos. 1 and 2, Berrien County, 
Michigan
    Date of amendment request: November 7, 2017. A publicly-available 
version is in ADAMS under Package Accession No. ML17317A454.
    Description of amendment request: The proposed change would revise 
the CNP Emergency Plan to relocate the Technical Support Center (TSC) 
within the CNP protected area.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change to the CNP emergency plan to relocate the 
TSC does not impact the physical function of plant structures, 
systems, or components (SSC) or the manner in which SSCs perform 
their design function. The proposed change neither adversely affects 
accident initiators or precursors, nor alters design assumptions. 
The proposed change does not alter or prevent the ability of SSCs to 
perform their intended function to mitigate the consequences of an 
initiating event within assumed acceptance limits. No operating 
procedures or administrative controls that function to prevent or 
mitigate accidents are affected by the proposed changes.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed change does not impact the accident analysis. The 
proposed change does not involve a physical alteration of the plant 
(i.e., no new or different type of equipment will be installed or 
removed) or a change in the method of plant operation. The proposed 
change will not introduce failure modes that could result in a new 
accident, and the change does not alter assumptions made in the 
safety analysis. The proposed change to the location of the TSC is 
not an initiator of any accidents.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    Margin of safety is associated with confidence in the ability of 
the fission product barriers (i.e., fuel cladding, reactor coolant 
system pressure boundary, and containment structure) to limit the 
level of radiation dose to the public. The proposed change does not 
impact operation of the plant or its response to transients or 
accidents. The change does not affect the Technical Specifications 
or the operating license other than to amend the license to approve 
the change. The proposed change does not involve a change in the 
method of plant operation, and no accident analyses will be affected 
by the proposed changes.
    Additionally, the proposed change will not relax any criteria 
used to establish safety limits and will not relax any safety system 
settings. The safety analysis acceptance criteria are not affected 
by these changes. The proposed change will not result in plant 
operation in a configuration outside the design basis. The proposed 
change does not adversely affect systems that respond to safely shut 
down the plant and to maintain

[[Page 170]]

the plant in a safe shutdown condition. The emergency plan will 
continue to activate an emergency response commensurate with the 
extend of degradation of plant safety.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Robert B. Haemer, Senior Nuclear Counsel, 
One Cook Place, Bridgman, MI 49106.
    NRC Branch Chief: David J. Wrona.
Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, 
Georgia
    Date of amendment request: October 6, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17279B017.
    Description of amendment request: The requested amendment proposes 
changes to the licensing basis documents to change the methodology and 
acceptance criteria for the in-containment refueling water storage tank 
(IRWST) heatup preoperational test described in the Updated Final 
Safety Analysis Report (UFSAR) Subsection 14.2.9.1.3, item h, and the 
passive residual heat removal (PRHR) heat exchanger preoperational test 
described in UFSAR Subsection 14.2.9.1.3, item g. These changes involve 
material which is specifically referenced in Section 2.D.(2) of the 
combined licenses for VEGP, Units 3 and 4.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    This activity changes the acceptance criteria for the IRWST 
heatup preoperational test and provides allowance to perform the 
preoperational test during both PRHR heat exchanger natural 
circulation and forced flow, instead of only during natural 
circulation. In addition, the acceptance criteria are changed for 
the PRHR heat exchanger forced flow system operability and 
preoperational tests.
    No structure, system, or component (SSC) or function is changed 
by this proposed activity. There is no change to the application of 
Regulatory Guide 1.68, nor is there a change to the design of the 
PRHR heat exchanger or the IRWST. The initial test program continues 
to confirm the heat transfer capability of the PRHR heat exchanger 
and that the IRWST heatup is consistent with the PRHR heat exchanger 
heat transfer modeling in the UFSAR Chapter 15 safety analysis.
    The proposed amendment does not affect the prevention or 
mitigation of abnormal events; e.g., accidents, anticipated 
operation occurrences, earthquakes, floods, turbine missiles, and 
fires or their safety or design analyses. This change does not 
involve containment of radioactive isotopes or have any adverse 
effect on a fission product barrier. There is no impact on 
previously evaluated accidents.
    Therefore, the proposed changes do not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed changes do not involve a new failure mechanism or 
malfunction, that affects an SSC accident initiator, or interface 
with any SSC accident initiator or initiating sequence of events 
considered in the design and licensing bases. There is no adverse 
effect on radioisotope barriers or the release of radioactive 
materials. The proposed amendment does not adversely affect any 
accident, including the possibility of creating a new or different 
kind of accident from any accident previously evaluated. Therefore, 
the proposed amendment does not create the possibility of a new or 
different kind of accident from any accident previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    This activity changes the acceptance criteria for the IRWST 
heatup preoperational test and gives allowance to perform the 
preoperational test during both PRHR heat exchanger natural 
circulation and forced flow, instead of only during natural 
circulation. In addition, the acceptance criteria are changed for 
the PRHR heat exchanger forced flow system operability and 
preoperational tests.
    No SSC or function is changed within this activity. There is no 
change to the application of Regulatory Guide 1.68, nor is there a 
change to how the PRHR heat exchanger or the IRWST are designed. The 
initial test program continues to confirm the heat transfer 
capability of the PRHR heat exchanger. The initial test program will 
confirm the IRWST heatup is consistent with the current PRHR heat 
exchanger heat transfer modeling in the UFSAR Chapter 15 safety 
analysis.
    The proposed changes would not affect any safety-related design 
code, function, design analysis, safety analysis input or result, or 
existing design/safety margin. No safety analysis or design basis 
acceptance limit/criterion is challenged or exceeded by the 
requested changes.
    Therefore, the requested amendment does not involve a 
significant reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 
1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Jennifer Dixon-Herrity.
Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant, Units 3 and 4, Burke County, Georgia
    Date of amendment request: November 16, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17325A562.
    Description of amendment request: The amendments propose changes to 
Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) in 
Combined License (COL) Appendix C, with corresponding changes to the 
associated plant-specific Tier 1 information to simplify and 
consolidate a number of ITAAC to improve efficiency of the ITAAC 
completion and closure process. Pursuant to the provisions of 10 CFR 
52.63(b)(1), an exemption from elements of the design as certified in 
the 10 CFR part 52, Appendix D, design certification rule is also 
requested for the plant-specific Design Control Document Tier 1 
material departures.
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed non-technical change to COL Appendix C will 
consolidate ITAAC in order to improve and create a more efficient 
process for the ITAAC Closure Notification submittals. No structure, 
system, or component (SSC) design or function is affected. No design 
or safety analysis is affected. The proposed changes do not affect 
any accident initiating event or component failure, thus the 
probabilities of the accidents previously evaluated are not 
affected. No function used to mitigate a radioactive material 
release and no radioactive material release source term is involved, 
thus the

[[Page 171]]

radiological releases in the accident analyses are not affected.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    The proposed change to COL Appendix C does not affect the design 
or function of any SSC, but will consolidate ITAAC in order to 
improve efficiency of the ITAAC completion and closure process. The 
proposed changes would not introduce a new failure mode, fault or 
sequence of events that could result in a radioactive material 
release.
    Therefore, the proposed amendment does not create the 
possibility of a new or different kind of accident from any accident 
previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed change to COL Appendix C to consolidate ITAAC in 
order to improve efficiency of the ITAAC completion and closure 
process is considered non-technical and would not affect any design 
parameter, function or analysis. There would be no change to an 
existing design basis, design function, regulatory criterion, or 
analysis. No safety analysis or design basis acceptance limit/
criterion is involved.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: M. Stanford Blanton, Balch & Bingham LLP, 
1710 Sixth Avenue North, Birmingham, AL 35203-2015.
    NRC Branch Chief: Jennifer Dixon-Herrity.
Tennessee Valley Authority, Docket No. 50-391, Watts Bar Nuclear Plant, 
Unit 2, Rhea County, Tennessee
    Date of amendment request: October 11, 2017. A publicly-available 
version is in ADAMS under Accession No. ML17284A452.
    Description of amendment request: The amendment would revise 
Technical Specification (TS) 3.3.1, Table 3.3.1-1, ``Reactor Trip 
System (RTS) Instrumentation,'' to increase the values for the nominal 
trip setpoint and the allowable value for Function 14.a, ``Turbine 
Trip--Low Fluid Oil Pressure.''
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change reflects a design change to the turbine 
control system that results in the use of an increased control oil 
pressure system, necessitating a change to the value at which a low 
fluid oil pressure initiates a reactor trip on turbine trip. The low 
fluid oil pressure is an input to the reactor trip instrumentation 
in response to a turbine trip event. The value at which the low 
fluid oil initiates a reactor trip is not an accident initiator. A 
change in the nominal control oil pressure does not introduce any 
mechanisms that would increase the probability of an accident 
previously analyzed. The reactor trip on turbine trip function is 
initiated by the same protective signal as used for the existing 
auto stop low fluid oil system trip signal. There is no change in 
form or function of this signal and the probability or consequences 
of previously analyzed accidents are not impacted.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    2. Does the [proposed] change create the possibility of a new or 
different kind of accident from any previously evaluated?
    Response: No.
    The EHC [electrohydraulic control] fluid oil pressure rapidly 
decreases in response to a turbine trip signal. The value at which 
the low fluid oil pressure switches initiates a reactor trip is not 
an accident initiator. The proposed TS change reflects the higher 
pressure that will be sensed after the pressure switches are 
relocated from the auto stop low fluid oil system to the EHC high 
pressure header. Failure of the new switches would not result in a 
different outcome than is considered in the current design basis. 
Further, the change does not alter assumptions made in the safety 
analysis but ensures that the instruments perform as assumed in the 
accident analysis.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. Does the [proposed] change involve a significant reduction in 
a margin of safety?
    Response: No.
    The change involves a parameter that initiates an anticipatory 
reactor trip following a turbine trip. The safety analyses do not 
credit this anticipatory trip for reactor core protection. The 
original pressure switch configuration and the new pressure switch 
configuration both generate the same reactor trip signal. The 
difference is that the initiation of the trip will now be adjusted 
to a different system of higher pressure. This system function of 
sensing and transmitting a reactor trip signal on turbine trip 
remains the same. There is no impact to safety analysis acceptance 
criteria as described in the plant licensing basis because no change 
is made to the accident analysis assumptions.
    Therefore, the proposed change does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Sherry A. Quirk, Executive Vice President 
and General Counsel, Tennessee Valley Authority, 400 West Summit Hill 
Drive, 6A West Tower, Knoxville, TN 37902.
    NRC Branch Chief: Undine Shoop.

III. Notice of Issuance of Amendments to Facility Operating Licenses 
and Combined Licenses

    During the period since publication of the last biweekly notice, 
the Commission has issued the following amendments. The Commission has 
determined for each of these amendments that the application complies 
with the standards and requirements of the Atomic Energy Act of 1954, 
as amended (the Act), and the Commission's rules and regulations. The 
Commission has made appropriate findings as required by the Act and the 
Commission's rules and regulations in 10 CFR chapter I, which are set 
forth in the license amendment.
    A notice of consideration of issuance of amendment to facility 
operating license or combined license, as applicable, proposed no 
significant hazards consideration determination, and opportunity for a 
hearing in connection with these actions, was published in the Federal 
Register as indicated.
    Unless otherwise indicated, the Commission has determined that 
these amendments satisfy the criteria for categorical exclusion in 
accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), 
no environmental impact statement or environmental assessment need be 
prepared for these amendments. If the Commission has prepared an 
environmental assessment under the special circumstances provision in 
10 CFR 51.22(b) and has made a determination based on that assessment, 
it is so indicated.
    For further details with respect to the action see (1) the 
applications for amendment, (2) the amendment, and (3) the Commission's 
related letter, Safety Evaluation and/or Environmental Assessment as 
indicated. All of these items can be accessed as described in

[[Page 172]]

the ``Obtaining Information and Submitting Comments'' section of this 
document.

Entergy Nuclear Operations, Inc., Docket Nos. 50-003, 50-247, and 50-
286, Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, Westchester 
County, New York

    Date of amendment request: April 28, 2017, as supplemented by 
letters dated August 9, 2017; September 28, 2017; and October 26, 2017.
    Brief description of amendments: The amendments revised the Cyber 
Security Plan Milestone 8 full implementation date by extending the 
full implementation date from December 31, 2017, to December 31, 2018.
    Date of issuance: December 8, 2017.
    Effective date: As of the date of issuance, and shall be 
implemented by December 31, 2017.
    Amendment Nos.: 60 (Unit No. 1), 286 (Unit No. 2), and 263 (Unit 
No. 3). A publicly-available version is in ADAMS under Accession No. 
ML17315A000; documents related to these amendments are listed in the 
Safety Evaluation enclosed with the amendments. Provisional Operating 
License No. DPR-5 and Facility Operating License Nos. DPR-26 and DPR-
64: The amendments revised the Provisional Operating License for Unit 
No. 1 and the Facility Operating Licenses for Unit Nos. 2 and 3.
    Date of initial notice in Federal Register: July 18, 2017 (82 FR 
32880).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated December 8, 2017.
    No significant hazards consideration comments received: No.

Entergy Nuclear Operations, Inc., Docket No. 50-255, Palisades Nuclear 
Plant, Van Buren County, Michigan

    Date of amendment request: March 30, 2017, as supplemented by 
letter dated October 17, 2017.
    Brief description of amendment: This amendment revised the Cyber 
Security Plan (CSP) implementation schedule Milestone 8 date and 
paragraph 2.E in the renewed facility operating license from December 
15, 2017, to March 31, 2019. Milestone 8 of the CSP implementation 
schedule concerns the full implementation of the CSP.
    Date of issuance: December 15, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days.
    Amendment No.: 264. A publicly-available version is in ADAMS under 
Accession No. ML17328B033; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Renewed Facility Operating License No. DPR-20: Amendment revised 
the Renewed Facility Operating License.
    Date of initial notice in Federal Register: May 23, 2017 (82 FR 
23623). The supplemental letter dated October 17, 2017, provided 
additional information that expanded the scope of the application as 
originally noticed and changed the NRC staff's original proposed no 
significant hazards consideration (NSHC) determination as published in 
the Federal Register. Accordingly, the NRC published a second proposed 
NSHC determination in the Federal Register on November 7, 2017 (82 FR 
51650). This notice superseded the original notice in its entirety. It 
also provided an opportunity to request a hearing by January 8, 2018, 
but indicated that if the Commission makes a final NSHC determination, 
any such hearing would take place after issuance of the amendment.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 15, 2017.
    No significant hazards consideration comments received: No.

Entergy Nuclear Operations, Inc., Docket No. 50-293, Pilgrim Nuclear 
Power Station (Pilgrim), Plymouth County, Massachusetts

    Date of amendment request: March 30, 2017.
    Brief description of amendment: The amendment revised Pilgrim's 
renewed facility operating license for the Cyber Security Plan (CSP) 
Milestone 8 full implementation completion date, as set forth in the 
CSP implementation schedule, and revised the physical protection 
license condition. The amendment revised the CSP Milestone 8 completion 
date from December 15, 2017, to December 31, 2020.
    Date of issuance: December 15, 2017.
    Effective date: As of the date of issuance, and shall be 
implemented within 30 days.
    Amendment No.: 247. A publicly-available version is in ADAMS under 
Accession No. ML17290A487; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Renewed Facility Operating License No. DPR-35: The amendment 
revised the renewed facility operating license.
    Date of initial notice in Federal Register: May 23, 2017 (82 FR 
23624).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 15, 2017.
    No significant hazards consideration comments received: No.

National Institute of Standard and Technology (NIST), Docket No. 50-
184, National Bureau of Standards Test Reactor (NBSR), Montgomery 
County, Maryland

    Date of amendment request: March 2, 2017, as supplemented by 
letters dated March 29, 2017; May 25, 2017; November 17, 2017; November 
20, 2017; December 1, 2017; December 11, 2017; and December 14, 2017.
    Brief description of amendment: The amendment revised NIST NBSR's 
Facility Operating License TR-5 to allow receipt of calibration and 
testing sources, and revised technical specifications pertaining to the 
NIST reactor low power startup testing and organizational reporting 
requirements.
    Date of issuance: December 15, 2017.
    Effective date: As of the date of issuance.
    Amendment No.: 11. A publicly-available version is in ADAMS under 
Accession No. ML17292A062; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Facility Operating License No. TR-5: Amendment revised the Renewed 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: September 12, 2017 (82 
FR 42844). The supplemental letters dated November 17, 2017; November 
20, 2017; December 1, 2017; December 11, 2017; and December 14, 2017 
(which withdrew parts of the application), provided additional 
information that clarified the application, did not expand the scope of 
the application as originally noticed, and did not change the NRC 
staff's original proposed no significant hazards consideration 
determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 15, 2017.
    No significant hazards consideration comments received: No.

Omaha Public Power District, Docket No. 50-285, Fort Calhoun Station, 
Unit 1 (FCS), Washington County, Nebraska

    Date of amendment request: December 16, 2016, as supplemented by 
letter dated May 15, 2017.
    Brief description of amendment: The amendment revised the FCS 
Emergency Plan and Emergency Action Level (EAL) scheme for the 
permanently defueled condition. The proposed permanently defueled 
Emergency Plan and EAL scheme are commensurate with the

[[Page 173]]

significantly reduced spectrum of credible accidents that can occur in 
the permanently defueled condition and are necessary to properly 
reflect the conditions of the facility while continuing to preserve the 
effectiveness of the emergency plan.
    Date of issuance: December 12, 2017.
    Effective date: The amendment is effective April 7, 2018, and shall 
be implemented within 90 days of the effective date.
    Amendment No.: 295. A publicly-available version is in ADAMS under 
Accession No. ML17276B286; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Renewed Facility Operating License No. DPR-40: The amendment 
revised the Emergency Plan and EAL scheme.
    Date of initial notice in Federal Register: March 28, 2017 (82 FR 
15383). The supplemental letter dated May 15, 2017, provided additional 
information that clarified the application, did not expand the scope of 
the application as originally noticed, and did not change the original 
proposed no significant hazards consideration determination as 
published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 12, 2017.
    No significant hazards consideration comments received: No.

PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station, 
Salem County, New Jersey

    Date of amendment request: March 27, 2017.
    Brief description of amendment: The licensee requested to adopt 
NRC-approved Technical Specifications Task Force (TSTF) Improved 
Standard Technical Specifications Change Traveler TSTF-535, Revision 0, 
``Revise Shutdown Margin Definition to Address Advanced Fuel Designs'' 
(ADAMS Accession No. ML112200436), dated August 8, 2011. The definition 
of shutdown margin in the Hope Creek Generating Station Technical 
Specifications is revised to require calculation of shutdown margin at 
the reactor moderator temperature corresponding to the most reactive 
state throughout the operating cycle, which is 68 degrees Fahrenheit or 
higher.
    Date of issuance: December 13, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days of issuance.
    Amendment No.: 208. A publicly-available version is in ADAMS under 
Accession No. ML17317A605; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Renewed Facility Operating License No. NPF-57: Amendment revised 
the Renewed Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: May 9, 2017 (82 FR 
21560).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 13, 2017.
    No significant hazards consideration comments received: No.

PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station, 
Salem County, New Jersey

    Date of amendment request: March 27, 2017, as supplemented by 
letters dated April 28, 2017, and September 5, 2017.
    Brief description of amendment: The amendment changed the Hope 
Creek Generating Station Technical Specifications (TSs) to relocate the 
reactor coolant system pressure-temperature (P-T) limit curves from the 
TSs to a new licensee-controlled document called the Pressure and 
Temperature Limits Report. The amendment also revised the 32 effective 
full power years P-T limit curves and approved P-T limit curves 
applicable through the license renewal term. The revisions to the 
curves were required due to the results of a recently pulled and tested 
reactor pressure vessel surveillance capsule.
    Date of issuance: December 14, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 60 days of issuance.
    Amendment No.: 209. A publicly-available version is in ADAMS under 
Accession No. ML17324A840; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Renewed Facility Operating License No. NPF-57: Amendment revised 
the Renewed Facility Operating License and TSs.
    Date of initial notice in Federal Register: May 23, 2017 (82 FR 
23628). The supplemental letter dated September 5, 2017, provided 
additional information that clarified the application, did not expand 
the scope of the application as originally noticed, and did not change 
the NRC staff's original proposed no significant hazards consideration 
determination as published in the Federal Register.
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 14, 2017.
    No significant hazards consideration comments received: No.

Southern California Edison Company, et al., Docket Nos. 50-206, 50-361, 
and 50-362, San Onofre Nuclear Generating Station, Units 1, 2, and 3, 
San Diego County, California

    Date of amendment request: December 15, 2016, as supplemented by 
letter dated May 5, 2017.
    Brief description of amendments: The amendments replaced the San 
Onofre Nuclear Generating Station, Units 1, 2, and 3 (SONGS) 
Permanently Defueled Emergency Plan and associated Emergency Action 
Level (EAL) Bases Manual (hereafter referred to as the EAL scheme) with 
an Independent Spent Fuel Storage Installation (ISFSI) Only Emergency 
Plan (IOEP) and associated EAL scheme. The NRC staff determined that 
the proposed SONGS IOEP and associated EAL changes continue to meet the 
standards in 10 CFR 50.47, ``Emergency plans,'' and the requirements in 
Appendix E, ``Emergency Planning and Preparedness for Production and 
Utilization Facilities,'' of 10 CFR part 50, as exempted. As such, the 
SONGS IOEP and associated EAL changes provide reasonable assurance that 
adequate protective measures can and will be taken in the event of a 
radiological emergency. These changes more fully reflect the status of 
the facility, as well as the reduced scope of potential radiological 
accidents once all spent fuel has been moved to dry cask storage within 
the onsite ISFSI, an activity which is currently scheduled for 
completion in 2019.
    Date of issuance: November 30, 2017.
    Effective date: As of the date Southern California Edison submits a 
written notification to the NRC that all spent nuclear fuel assemblies 
have been transferred out of the SONGS spent fuel pools and placed in 
storage within the onsite ISFSI, and shall be implemented within 60 
days.
    Amendment Nos.: 168 (Unit 1), 236 (Unit 2), and 229 (Unit 3). A 
publicly-available version is in ADAMS under Accession No. ML17310B482; 
documents related to these amendments are listed in the Safety 
Evaluation enclosed with the amendments.
    Facility Operating License Nos. DPR-13, NPF-10, and NPF-15: The 
amendments revised the Facility Operating Licenses.
    Date of initial notice in Federal Register: February 14, 2017 (82 
FR 10601).
    The Commission's related evaluation of the amendments is contained 
in a

[[Page 174]]

Safety Evaluation dated November 30, 2017.
    No significant hazards consideration comments received: No.

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, 
Georgia

    Date of amendment request: May 10, 2017, and supplemented by letter 
dated September 20, 2017.
    Description of amendments: The amendments consisted of changes to 
the VEGP, Units 3 and 4, Updated Final Safety Analysis Report in the 
form of departures from the incorporated plant-specific Design Control 
Document Tier 2* and Tier 2 information (text, tables, and figures). 
Specifically, the amendments consisted of changes related to revising 
the design reinforcement in the roof of the auxiliary building and the 
design of the girders supporting the roof.
    Date of issuance: December 5, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days of issuance.
    Amendment Nos.: 101 (Unit 3) and 100 (Unit 4). A publicly-available 
version is in ADAMS under Package Accession No. ML17311B236; documents 
related to these amendments are listed in the Safety Evaluation 
enclosed with the amendments.
    Facility Combined Licenses No. NPF-91 and NPF-92: Amendments 
revised the Facility Combined Licenses.
    Date of initial notice in Federal Register: June 6, 2017 (82 FR 
26137). The supplemental letter dated September 20, 2017, provided 
additional information that clarified the application, did not expand 
the scope of the application request as originally noticed, and did not 
change the NRC staff's original proposed no significant hazards 
consideration determination as published in the Federal Register.
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated December 5, 2017.
    No significant hazards consideration comments received: No.

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, 
Georgia

    Date of amendment request: June 23, 2017.
    Description of amendments: The amendments consisted of changes to 
the VEGP, Units 3 and 4, Updated Final Safety Analysis Report (UFSAR) 
in the form of departures from the plant-specific Design Control 
Document Tier 2 information and involves changes to the VEGP, Units 3 
and 4, Combined License Appendix A, Technical Specifications (TSs). 
Specifically, the proposed changes revise plant-specific Tier 2 
information to add the time delay assumed in the safety analysis for 
the reactor trip on a safeguards actuation (``S'') signal to UFSAR 
Table 15.0-4a. This is also reflected in the proposed revision to TS 
3.3.4, ``Reactor Trip System (RTS) Engineered Safety Feature Actuation 
System (ESFAS) Instrumentation,'' to add a surveillance requirement to 
verify the RTS response time for this ``S'' signal. The request also 
includes proposed changes to TS 3.3.7, ``RTS Trip Actuation Devices,'' 
to clarify that the requirements for reactor trip breaker (RTB) 
undervoltage and shunt trip mechanisms apply only to in-service RTBs. 
In addition, the request includes proposed changes to TS 3.3.9, ``ESFAS 
Manual Initiation,'' to correct the nomenclature for the Chemical and 
Volume Control System, which is inadvertently stated as the Chemical 
Volume and Control System.
    Date of issuance: December 8, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days of issuance.
    Amendment Nos.: 102 (Unit 3) and 101 (Unit 4). A publicly-available 
version is in ADAMS under Accession No. ML17296A236; documents related 
to these amendments are listed in the Safety Evaluation enclosed with 
the amendments.
    Facility Combined Licenses No. NPF-91 and NPF-92: Amendments 
revised the Facility Combined Licenses.
    Date of initial notice in Federal Register: August 15, 2017 (82 FR 
38714).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated December 8, 2017.
    No significant hazards consideration comments received: No.

Southern Nuclear Operating Company, Docket Nos. 52-025 and 52-026, 
Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, 
Georgia

    Date of amendment request: October 20, 2016.
    Description of amendments: The amendments authorized changes to the 
Tier 2* information in the VEGP, Units 3 and 4, Updated Final Safety 
Analysis Report (which includes the plant-specific design control 
document information) to clarify the demonstration of the quality and 
strength of a specific set of couplers welded to carbon steel embedment 
plates, already installed and embedded in concrete through visual 
examination and static tension testing, in lieu of the nondestructive 
examination requirements of American Institute of Steel Construction 
(AISC) N690.
    Date of issuance: September 5, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days of issuance.
    Amendment Nos.: 86 (Unit 3) and 85 (Unit 4). A publicly-available 
version is in ADAMS under Package Accession No. ML17178A197; documents 
related to these amendments are listed in the Safety Evaluation 
enclosed with the amendments.
    Facility Combined Licenses Nos. NPF-91 and NPF-92: Amendments 
revised the Facility Combined Licenses.
    Date of initial notice in Federal Register: March 14, 2017 (82 FR 
13662).
    The Commission's related evaluation of the amendments is contained 
in a Safety Evaluation dated September 5, 2017.
    No significant hazards consideration comments received: No.

Tennessee Valley Authority, Docket No. 50-390, Watts Bar Nuclear Plant, 
Unit 1, Rhea County, Tennessee

    Date of amendment request: March 31, 2017.
    Brief description of amendment: The amendment revised Technical 
Specification (TS) 5.7.2.14, ``Ventilation Filter Testing Program 
(VFTP),'' to correct an administrative error introduced by Amendment 
No. 92, issued June 19, 2013. Specifically, Amendment 92 deleted TS 
3.9.8, ``Reactor Building Purge Air Cleanup Units,'' but did not delete 
associated references to the reactor building purge filters from TS 
5.7.2.14.
    Date of issuance: December 7, 2017.
    Effective date: As of the date of issuance and shall be implemented 
within 30 days of issuance.
    Amendment No.: 117. A publicly-available version is in ADAMS under 
Accession No. ML17311A786; documents related to this amendment are 
listed in the Safety Evaluation enclosed with the amendment.
    Facility Operating License No. NPF-90: Amendment revised the 
Facility Operating License and Technical Specifications.
    Date of initial notice in Federal Register: July 5, 2017 (82 FR 
31103).
    The Commission's related evaluation of the amendment is contained 
in a Safety Evaluation dated December 7, 2017.
    No significant hazards consideration comments received: No.


[[Page 175]]


    Dated at Rockville, Maryland, this 21st day of December 2017.

    For the Nuclear Regulatory Commission.
Kathryn M. Brock,
Acting Director, Division of Operating Reactor Licensing, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2017-27930 Filed 12-29-17; 8:45 am]
BILLING CODE 7590-01-P



                                                                                                              Vol. 83                           Tuesday,
                                                                                                              No. 162                           August 21, 2018

                                                                                                              Pages 42205–42436


                                                                                                              OFFICE OF THE FEDERAL REGISTER
sradovich on DSK3GMQ082PROD with FRONT MATTER WS




                                                   VerDate Sep 11 2014   19:48 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4710   Sfmt 4710   E:\FR\FM\21AUWS.LOC   21AUWS


                                                         II                                   Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018




                                                         The FEDERAL REGISTER (ISSN 0097–6326) is published daily,                             SUBSCRIPTIONS AND COPIES
                                                         Monday through Friday, except official holidays, by the Office                        PUBLIC
                                                         of the Federal Register, National Archives and Records
                                                         Administration, under the Federal Register Act (44 U.S.C. Ch. 15)                       Subscriptions:
                                                         and the regulations of the Administrative Committee of the Federal                        Paper or fiche                                  202–512–1800
                                                         Register (1 CFR Ch. I). The Superintendent of Documents, U.S.                             Assistance with public subscriptions            202–512–1806
                                                         Government Publishing Office, is the exclusive distributor of the
                                                         official edition. Periodicals postage is paid at Washington, DC.                      General online information         202–512–1530; 1–888–293–6498
                                                                                                                                                 Single copies/back copies:
                                                         The FEDERAL REGISTER provides a uniform system for making
                                                         available to the public regulations and legal notices issued by                           Paper or fiche                                  202–512–1800
                                                         Federal agencies. These include Presidential proclamations and                            Assistance with public single copies          1–866–512–1800
                                                         Executive Orders, Federal agency documents having general                                                                                    (Toll-Free)
                                                         applicability and legal effect, documents required to be published                    FEDERAL AGENCIES
                                                         by act of Congress, and other Federal agency documents of public                        Subscriptions:
                                                         interest.
                                                                                                                                                   Assistance with Federal agency subscriptions:
                                                         Documents are on file for public inspection in the Office of the
                                                         Federal Register the day before they are published, unless the                              Email                              FRSubscriptions@nara.gov
                                                         issuing agency requests earlier filing. For a list of documents                             Phone                                         202–741–6000
                                                         currently on file for public inspection, see www.federalregister.gov.
                                                         The seal of the National Archives and Records Administration
                                                         authenticates the Federal Register as the official serial publication
                                                         established under the Federal Register Act. Under 44 U.S.C. 1507,
                                                         the contents of the Federal Register shall be judicially noticed.
                                                         The Federal Register is published in paper and on 24x microfiche.
                                                         It is also available online at no charge at www.govinfo.gov, a
                                                         service of the U.S. Government Publishing Office.
                                                         The online edition of the Federal Register is issued under the
                                                         authority of the Administrative Committee of the Federal Register
                                                         as the official legal equivalent of the paper and microfiche editions
                                                         (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each
                                                         day the Federal Register is published and includes both text and
                                                         graphics from Volume 1, 1 (March 14, 1936) forward. For more
                                                         information, contact the GPO Customer Contact Center, U.S.
                                                         Government Publishing Office. Phone 202-512-1800 or 866-512-
                                                         1800 (toll free). E-mail, gpocusthelp.com.
                                                         The annual subscription price for the Federal Register paper
                                                         edition is $860 plus postage, or $929, for a combined Federal
                                                         Register, Federal Register Index and List of CFR Sections Affected
                                                         (LSA) subscription; the microfiche edition of the Federal Register
                                                         including the Federal Register Index and LSA is $330, plus
                                                         postage. Six month subscriptions are available for one-half the
                                                         annual rate. The prevailing postal rates will be applied to orders
                                                         according to the delivery method requested. The price of a single
                                                         copy of the daily Federal Register, including postage, is based
                                                         on the number of pages: $11 for an issue containing less than
                                                         200 pages; $22 for an issue containing 200 to 400 pages; and
                                                         $33 for an issue containing more than 400 pages. Single issues
                                                         of the microfiche edition may be purchased for $3 per copy,
                                                         including postage. Remit check or money order, made payable
                                                         to the Superintendent of Documents, or charge to your GPO
                                                         Deposit Account, VISA, MasterCard, American Express, or
                                                         Discover. Mail to: U.S. Government Publishing Office—New
                                                         Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll
                                                         free 1-866-512-1800, DC area 202-512-1800; or go to the U.S.
                                                         Government Online Bookstore site, see bookstore.gpo.gov.
                                                         There are no restrictions on the republication of material appearing
                                                         in the Federal Register.
                                                         How To Cite This Publication: Use the volume number and the
                                                         page number. Example: 83 FR 12345.
                                                         Postmaster: Send address changes to the Superintendent of
                                                         Documents, Federal Register, U.S. Government Publishing Office,
sradovich on DSK3GMQ082PROD with FRONT MATTER WS




                                                         Washington, DC 20402, along with the entire mailing label from
                                                         the last issue received.




                                                                                                   .
                                                   VerDate Sep 11 2014   19:48 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4710   Sfmt 4710   E:\FR\FM\21AUWS.LOC   21AUWS


                                                                                                                                                                                                      III

                                                        Contents                                                                             Federal Register
                                                                                                                                             Vol. 83, No. 162

                                                                                                                                             Tuesday, August 21, 2018



                                                        Bureau of Safety and Environmental Enforcement                                       Education Department
                                                        NOTICES                                                                              RULES
                                                        Agency Information Collection Activities; Proposals,                                 State Technical Assistance Projects to Improve Services and
                                                           Submissions, and Approvals:                                                           Results for Children Who Are Deaf-Blind and National
                                                         Pipelines and Pipeline Rights-of-Way, 42313–42314                                       Technical Assistance and Dissemination Center for
                                                                                                                                                 Children Who Are Deaf-Blind:
                                                                                                                                               Final Requirement, 42212–42214
                                                        Centers for Disease Control and Prevention                                           NOTICES
                                                        NOTICES                                                                              Applications for New Awards:
                                                        Agency Information Collection Activities; Proposals,                                  Technical Assistance and Dissemination to Improve
                                                            Submissions, and Approvals, 42299–42302                                                Services and Results for Children with Disabilities—
                                                        Records of Decision:                                                                       State Technical Assistance Projects to Improve
                                                          Site Acquisition and Campus Consolidation for the                                        Services and Results for Children Who are Deaf-
                                                               Centers for Disease Control and Prevention/National                                 Blind and National Technical Assistance and
                                                               Institute for Occupational Safety and Health,                                       Dissemination Center for Children Who are Deaf-
                                                               Cincinnati, OH, 42303                                                               Blind, 42266–42275
                                                        Request for Information:                                                             Meetings:
                                                          Inorganic Lead, 42303–42304                                                         Historically Black Colleges and Universities Capital
                                                                                                                                                   Financing Advisory Board, 42275–42276

                                                        Children and Families Administration                                                 Election Assistance Commission
                                                        RULES                                                                                NOTICES
                                                        Adoption and Foster Care Analysis and Reporting System,                              Meetings:
                                                           42225–42227                                                                        Board of Advisers; Conference Call, 42276
                                                        NOTICES
                                                        Agency Information Collection Activities; Proposals,                                 Energy Department
                                                           Submissions, and Approvals, 42304–42305                                           See Energy Information Administration
                                                                                                                                             See Federal Energy Regulatory Commission
                                                                                                                                             NOTICES
                                                        Civil Rights Commission
                                                                                                                                             Meetings:
                                                        NOTICES
                                                                                                                                              Advanced Scientific Computing Advisory Committee,
                                                        Meetings:                                                                                  42276–42277
                                                         Nebraska Advisory Committee, 42252                                                   Environmental Management Advisory Board, 42277
                                                                                                                                              Environmental Management Site-Specific Advisory Board
                                                        Commerce Department                                                                        Chairs, 42277–42278
                                                        See Economic Development Administration
                                                        See International Trade Administration                                               Energy Information Administration
                                                        See National Oceanic and Atmospheric Administration                                  NOTICES
                                                        NOTICES                                                                              Agency Information Collection Activities; Proposals,
                                                        Agency Information Collection Activities; Proposals,                                    Submissions, and Approvals, 42278–42279
                                                           Submissions, and Approvals, 42252–42253
                                                        Agency Information Collection Activities; Proposals,                                 Environmental Protection Agency
                                                           Submissions, and Approvals:                                                       RULES
                                                         Foreign National Request Form, 42253                                                Air Quality State Implementation Plans; Approvals and
                                                                                                                                                 Promulgations:
                                                                                                                                               Alabama; Redesignation of the Etowah County
                                                        Defense Department                                                                         Unclassifiable Area, 42223–42224
                                                        PROPOSED RULES                                                                         Arizona; Infrastructure Requirements for Nitrogen
                                                        Privacy Act; Implementation, 42234–42235                                                   Dioxide and Sulfur Dioxide, 42214–42219
                                                        NOTICES                                                                                Virginia; Regional Haze Plan and Visibility for the 2010
                                                        Agency Information Collection Activities; Proposals,                                       Sulfur Dioxide and 2012 Fine Particulate Matter
sradovich on DSK3GMQ082PROD with FRONT MATTER CN




                                                            Submissions, and Approvals, 42261–42262                                                Standards, 42219–42223
                                                        Meetings:                                                                            National Oil and Hazardous Substances Pollution
                                                          Vietnam War Commemoration Advisory Committee,                                          Contingency Plan; National Priorities List:
                                                              42261                                                                            Deletion of the Ordnance Works Disposal Areas
                                                        Privacy Act; Systems of Records, 42262–42266                                               Superfund Site, 42224–42225
                                                                                                                                             PROPOSED RULES
                                                                                                                                             Air Quality State Implementation Plans; Approvals and
                                                        Economic Development Administration                                                      Promulgations:
                                                        NOTICES                                                                                Ohio; Attainment Plan for the Lake County SO2
                                                        Trade Adjustment Assistance; Petitions, 42253–42254                                        Nonattainment Area, 42235–42244


                                                   VerDate Sep<11>2014   20:32 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4748   Sfmt 4748   E:\FR\FM\21AUCN.SGM   21AUCN


                                                        IV                         Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Contents


                                                        NOTICES                                                                              Federal Reserve System
                                                        Agency Information Collection Activities; Proposals,                                 NOTICES
                                                             Submissions, and Approvals:                                                     Agency Information Collection Activities; Proposals,
                                                          Background Checks for Contractor Employees, 42289                                      Submissions, and Approvals, 42296–42298
                                                          Emission Guidelines for Sewage Sludge Incinerators,                                Formations of, Acquisitions by, and Mergers of Bank
                                                               42291–42292                                                                       Holding Companies, 42298–42299
                                                          Emissions Certification and Compliance Requirements for                            Notice of Proposals to Engage in or to Acquire Companies
                                                               Nonroad Compression-ignition Engines and On-                                      Engaged in Permissible Nonbanking Activities, 42298
                                                               Highway Heavy Duty Engines, 42290–42291
                                                          Exchange Network Grants Progress Reports, 42288–42289                              Fish and Wildlife Service
                                                          NSPS for Polymeric Coating of Supporting Substrates                                RULES
                                                               Facilities, 42291                                                             Endangered and Threatened Species:
                                                        Proposed Settlement Agreements under the Clean Water                                   Designation of Critical Habitat for Three Plant Species on
                                                             Act, 42287–42288                                                                      Hawaii Island, 42362–42435
                                                        Settlement Agreement:
                                                          Eagle Mine Superfund Site, Minturn, Eagle County, CO,                              Food and Drug Administration
                                                               42286–42287                                                                   NOTICES
                                                                                                                                             Guidance:
                                                        Federal Aviation Administration                                                       Microdose Radiopharmaceutical Diagnostic Drugs:
                                                        RULES                                                                                     Nonclinical Study Recommendations, 42307–42308
                                                        Airworthiness Directives:                                                             Quality Attribute Considerations for Chewable Tablets,
                                                          Bell Helicopter Textron, Inc. (Bell) Helicopters, 42205–                                42306–42307
                                                               42207
                                                          Bombardier, Inc., Airplanes, 42209–42211                                           Health and Human Services Department
                                                          Rolls-Royce plc Turbojet Engines, 42207–42209                                      See Centers for Disease Control and Prevention
                                                        PROPOSED RULES                                                                       See Children and Families Administration
                                                        Airworthiness Directives:                                                            See Food and Drug Administration
                                                          Bell Helicopter Textron Canada Limited Helicopters,                                See Health Resources and Services Administration
                                                               42232–42234                                                                   See Substance Abuse and Mental Health Services
                                                          Leonardo S.p.A. Helicopters, 42230–42232                                               Administration

                                                        Federal Communications Commission                                                    Health Resources and Services Administration
                                                                                                                                             NOTICES
                                                        NOTICES
                                                        Agency Information Collection Activities; Proposals,                                 Agency Information Collection Activities; Proposals,
                                                           Submissions, and Approvals, 42292–42295                                              Submissions, and Approvals:
                                                        Meetings:                                                                             Maternal, Infant, and Early Childhood Home Visiting
                                                         North American Numbering Council, 42295–42296                                            Program Statewide Needs Assessment Update,
                                                                                                                                                  42308–42309
                                                        Federal Energy Regulatory Commission                                                 Homeland Security Department
                                                        NOTICES
                                                                                                                                             See U.S. Customs and Border Protection
                                                        Agency Information Collection Activities; Proposals,
                                                             Submissions, and Approvals, 42282–42284                                         Housing and Urban Development Department
                                                        Combined Filings, 42284–42286                                                        NOTICES
                                                        Filings:                                                                             Agency Information Collection Activities; Proposals,
                                                          Gateway Energy Storage, LLC, 42279                                                    Submissions, and Approvals:
                                                        Initial Market-Based Rate Filings Including Requests for                              Application for FHA Insured Mortgages, 42312
                                                             Blanket Section 204 Authorizations:                                              Builder’s Certification of Plans, Specifications and Site,
                                                          Buckleberry Solar, LLC, 42285                                                           42312–42313
                                                          Plumsted 537 LLC, 42282
                                                          Stryker 22, LLC, 42279                                                             Interior Department
                                                        License Applications:                                                                See Bureau of Safety and Environmental Enforcement
                                                          Little Falls Hydroelectric Associates, LP, 42280–42281                             See Fish and Wildlife Service
                                                        Meetings:                                                                            See Surface Mining Reclamation and Enforcement Office
                                                          Shell Energy North America (US), LP, 42284
                                                        Petitions for Declaratory Orders:                                                    Internal Revenue Service
                                                          Cactus II Pipeline LLC, 42281–42282                                                NOTICES
                                                        Requests for Temporary Waivers:                                                      Agency Information Collection Activities; Proposals,
sradovich on DSK3GMQ082PROD with FRONT MATTER CN




                                                          Sequitur Permian, LLC, 42279–42280                                                    Submissions, and Approvals, 42355–42358

                                                        Federal Motor Carrier Safety Administration                                          International Trade Administration
                                                        PROPOSED RULES                                                                       NOTICES
                                                        Fees for the Unified Carrier Registration Plan and                                   Antidumping or Countervailing Duty Investigations, Orders,
                                                            Agreement, 42244–42251                                                               or Reviews:
                                                        NOTICES                                                                               Certain Pneumatic Off-the-Road Tires from India, 42260–
                                                        Requests for Comments:                                                                     42261
                                                          Fixing America’s Surface Transportation Act Correlation                             Uncovered Innerspring Units from the People’s Republic
                                                              Study, 42354–42355                                                                   of China, 42254–42256


                                                   VerDate Sep<11>2014   20:32 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4748   Sfmt 4748   E:\FR\FM\21AUCN.SGM   21AUCN


                                                                                   Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Contents                                          V


                                                        Determinations of Sales at Less Than Fair Value:                                     Self-Regulatory Organizations; Proposed Rule Changes:
                                                          Glycine from India, Japan, and Thailand, 42259–42260                                 Cboe BZX Exchange, Inc., 42330–42340
                                                        Requests for Applications:                                                             Cboe EDGA Exchange, Inc., 42329–42330
                                                          International Buyer Program Quarters 2 and 3 Calendar                                Cboe EDGX Exchange, Inc., 42344–42354
                                                               Year 2019, 42256–42258                                                          Financial Industry Regulatory Authority, Inc., 42340
                                                          International Buyer Program Select for Quarters 2 and 3                              Fixed Income Clearing Corp., 42340–42344
                                                               Calendar Year 2019, 42258–42259
                                                                                                                                             State Department
                                                        International Trade Commission                                                       NOTICES
                                                        NOTICES                                                                              Delegations of Authority, 42354
                                                        Investigations; Determinations, Modifications, and Rulings,
                                                            etc.:                                                                            Substance Abuse and Mental Health Services
                                                          Certain Lithography Machines and Systems and                                          Administration
                                                               Components Thereof (I), 42317–42318
                                                          Certain Lithography Machines and Systems and                                       NOTICES
                                                               Components Thereof (II), 42316–42317                                          Agency Information Collection Activities; Proposals,
                                                                                                                                                Submissions, and Approvals, 42309–42310
                                                        National Drug Control Policy Office
                                                        NOTICES                                                                              Surface Mining Reclamation and Enforcement Office
                                                        Members of Senior Executive Service Performance Review                               NOTICES
                                                           Board, 42318                                                                      Agency Information Collection Activities; Proposals,
                                                                                                                                                Submissions, and Approvals:
                                                        National Oceanic and Atmospheric Administration                                       Bond and Insurance Requirements for Surface Coal
                                                        RULES                                                                                     Mining and Reclamation Operations under
                                                        Fisheries of the Exclusive Economic Zone off Alaska:                                      Regulatory Programs, 42314–42315
                                                          Pacific Ocean Perch in the Bering Sea and Aleutian                                  Maintenance of State Programs and Procedures for
                                                              Islands Management Area, 42228–42229                                                Substituting Federal Enforcement of State Programs
                                                          Reallocation of Pacific Cod in the Bering Sea and                                       and Withdrawing Approval of State Programs,
                                                              Aleutian Islands Management Area, 42227–42228                                       42315–42316
                                                                                                                                              Surface and Underground Mining Permit Applications—
                                                        National Science Foundation                                                               Minimum Requirements for Information on
                                                        NOTICES                                                                                   Environmental Resources, 42316
                                                        Meetings; Sunshine Act, 42318–42319
                                                                                                                                             Susquehanna River Basin Commission
                                                        Nuclear Regulatory Commission                                                        NOTICES
                                                        NOTICES                                                                              Meetings:
                                                        Exemptions:                                                                           Commission; Correction, 42354
                                                          Entergy Nuclear Operations, Inc.; Vermont Yankee
                                                              Nuclear Power Station, 42320–42322                                             Transportation Department
                                                        Guidance:                                                                            See Federal Aviation Administration
                                                          Decommissioning Funding Plans for Materials Licensees;                             See Federal Motor Carrier Safety Administration
                                                              Extension of Comment Period, 42319–42320
                                                                                                                                             Treasury Department
                                                        Personnel Management Office                                                          See Internal Revenue Service
                                                        NOTICES                                                                              NOTICES
                                                        Meetings:                                                                            Agency Information Collection Activities; Proposals,
                                                         Federal Prevailing Rate Advisory Committee, 42322–                                     Submissions, and Approvals, 42358
                                                              42323
                                                                                                                                             U.S. Customs and Border Protection
                                                        Postal Regulatory Commission                                                         NOTICES
                                                        NOTICES
                                                                                                                                             Agency Information Collection Activities; Proposals,
                                                        New Postal Products, 42323                                                              Submissions, and Approvals:
                                                                                                                                              Guam-CNMI Visa Waiver Information, 42310–42311
                                                        Postal Service
                                                        NOTICES
                                                                                                                                             Veterans Affairs Department
                                                        International Product Change:
                                                                                                                                             NOTICES
                                                          Global Expedited Package Services 10 Contracts, 42323
                                                                                                                                             Agency Information Collection Activities; Proposals,
                                                        Product Changes:
sradovich on DSK3GMQ082PROD with FRONT MATTER CN




                                                                                                                                                Submissions, and Approvals:
                                                          Priority Mail Express and Priority Mail Negotiated
                                                                                                                                              On-the-Job and Apprenticeship Training, 42358–42359
                                                              Service Agreement, 42323–42324
                                                          Priority Mail Negotiated Service Agreement, 42324

                                                        Securities and Exchange Commission                                                   Separate Parts In This Issue
                                                        NOTICES
                                                        Applications:                                                                        Part II
                                                         AXA Equitable Life Insurance Company, et al., 42324–                                Interior Department, Fish and Wildlife Service, 42362–
                                                              42328                                                                               42435
                                                        Meetings; Sunshine Act, 42328


                                                   VerDate Sep<11>2014   20:32 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4748   Sfmt 4748   E:\FR\FM\21AUCN.SGM   21AUCN


                                                        VI                         Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Contents


                                                        Reader Aids                                                                          To subscribe to the Federal Register Table of Contents
                                                        Consult the Reader Aids section at the end of this issue for                         electronic mailing list, go to https://public.govdelivery.com/
                                                        phone numbers, online resources, finding aids, and notice                            accounts/USGPOOFR/subscriber/new, enter your e-mail
                                                        of recently enacted public laws.                                                     address, then follow the instructions to join, leave, or
                                                                                                                                             manage your subscription.
sradovich on DSK3GMQ082PROD with FRONT MATTER CN




                                                   VerDate Sep<11>2014   20:32 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4748   Sfmt 4748   E:\FR\FM\21AUCN.SGM   21AUCN


                                                                                           Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Contents                              VII

                                                         CFR PARTS AFFECTED IN THIS ISSUE

                                                         A cumulative list of the parts affected this month can be found in the
                                                         Reader Aids section at the end of this issue.

                                                         14 CFR
                                                         39 (3 documents) ...........42205,
                                                                          42207, 42209
                                                         Proposed Rules:
                                                         39 (2 documents) ...........42230,
                                                                                     42232
                                                         32 CFR
                                                         Proposed Rules:
                                                         311...................................42234
                                                         34 CFR
                                                         Ch. III ...............................42212
                                                         40 CFR
                                                         52 (2 documents) ...........42214,
                                                                                                42219
                                                         81.....................................42223
                                                         300...................................42224
                                                         Proposed Rules:
                                                         52.....................................42235
                                                         45 CFR
                                                         1355.................................42225
                                                         49 CFR
                                                         Proposed Rules:
                                                         367...................................42244
                                                         50 CFR
                                                         17.....................................42362
                                                         679 (2 documents) .........42227,
                                                                                                42228
sradovich on DSK3GMQ082PROD with FRONT MATTER LS




                                                   VerDate Sep 11 2014      20:13 Aug 20, 2018          Jkt 244001   PO 00000   Frm 00001   Fmt 4711   Sfmt 4711   E:\FR\FM\21AULS.LOC   21AULS


                                                                                                                                                                                               42205

                                              Rules and Regulations                                                                                         Federal Register
                                                                                                                                                            Vol. 83, No. 162

                                                                                                                                                            Tuesday, August 21, 2018



                                              This section of the FEDERAL REGISTER                    30, West Building Ground Floor, Room                  several Bell Model 427 and Model 429
                                              contains regulatory documents having general            W12–140, 1200 New Jersey Avenue SE,                   helicopters. These check valves may be
                                              applicability and legal effect, most of which           Washington, DC 20590, between 9 a.m.                  installed as engine oil check valves on
                                              are keyed to and codified in the Code of                and 5 p.m., Monday through Friday,                    Bell Model 212 helicopters. Similar
                                              Federal Regulations, which is published under           except Federal holidays.                              check valves, part number 209–062–
                                              50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        For service information identified in               607–001, may be installed as fuel check
                                              The Code of Federal Regulations is sold by              this final rule, contact Bell Helicopter              valves on Bell Model 212 or 412
                                              the Superintendent of Documents.                        Textron, Inc., P.O. Box 482, Fort Worth,              helicopters. These check valves may
                                                                                                      TX 76101; telephone (817) 280–3391;                   have a condition induced during
                                                                                                      fax (817) 280–6466; or at http://                     assembly that can cause the valve body
                                              DEPARTMENT OF TRANSPORTATION                            www.bellcustomer.com/files/. You may                  to crack, resulting in oil or fuel leakage.
                                                                                                      view this service information at the                  This condition could result in loss of
                                              Federal Aviation Administration                         FAA, Office of the Regional Counsel,                  lubrication or fuel to the engine, failure
                                                                                                      Southwest Region, 10101 Hillwood                      of the engine or a fire, and subsequent
                                              14 CFR Part 39                                          Pkwy, Room 6N–321, Fort Worth, TX                     loss of control of the helicopter. To
                                              [Docket No. FAA–2018–0738; Product                      76177. For information on the                         address this condition, AD 2017–15–02
                                              Identifier 2017–SW–132–AD; Amendment                    availability of this material at the FAA,             required replacing the engine oil and
                                              39–19355; AD 2018–17–01]                                call (817) 222–5110.                                  fuel check valves and prohibited
                                              RIN 2120–AA64                                                                                                 installing an affected check valve on any
                                                                                                      Examining the AD Docket
                                                                                                                                                            helicopter.
                                              Airworthiness Directives; Bell                            You may examine the AD docket on
                                                                                                      the internet at http://                               Actions Since AD 2017–15–02 Was
                                              Helicopter Textron, Inc. (Bell)                                                                               Issued
                                              Helicopters                                             www.regulations.gov by searching for
                                                                                                      and locating Docket No. FAA–2018–                        Since we issued AD 2017–15–02, we
                                              AGENCY:  Federal Aviation                               0738; or in person at Docket Operations               discovered an error in that Bell Model
                                              Administration (FAA), DOT.                              between 9 a.m. and 5 p.m., Monday                     412CF and 412EP helicopters should
                                              ACTION: Final rule; request for                         through Friday, except Federal holidays.              have been included in the applicability
                                              comments.                                               The AD docket contains this final rule,               of the AD. Additionally, Bell revised its
                                                                                                      the regulatory evaluation, any                        service information to exclude check
                                              SUMMARY:   We are superseding                           comments received, and other                          valves identified with ‘‘TQL’’ regardless
                                              Airworthiness Directive (AD) 2017–15–                   information. The street address for                   of manufacture date. Check valves
                                              02 for Bell Model 212 and 412                           Docket Operations (phone: 800–647–                    marked ‘‘TQL’’ were manufactured
                                              helicopters. AD 2017–15–02 required                     5527) is listed above. Comments will be               using a different process and are not
                                              replacing certain oil and fuel check                    available in the AD docket shortly after              affected by the unsafe condition.
                                              valves and prohibited installing them on                receipt.                                              Therefore, we are superseding AD 2017–
                                              any helicopter. This AD retains the                     FOR FURTHER INFORMATION CONTACT:                      15–02 to add Bell Model 412CF and
                                              requirements of AD 2017–15–02 and                       Jurgen E. Priester, Aviation Safety                   412EP helicopters to the applicability
                                              adds certain model helicopters to the                   Engineer, DSCO Branch, Compliance                     and to exclude check valves marked
                                              applicability. This AD was prompted by                  and Airworthiness Division, FAA,                      ‘‘TQL.’’
                                              the discovery of an error in the affected               10101 Hillwood Pkwy., Fort Worth, TX
                                              models. We are issuing this AD to                                                                             Related Service Information
                                                                                                      76177; telephone (817) 222–5159; email
                                              address the unsafe condition on these                   jurgen.e.priester@faa.gov.                              We reviewed Bell Alert Service
                                              products.
                                                                                                      SUPPLEMENTARY INFORMATION:                            Bulletin (ASB) 212–15–153, Revision A,
                                              DATES: This AD is effective September 5,                                                                      dated October 6, 2017 (212–15–153),
                                              2018.                                                   Discussion                                            and Bell ASB 212–15–155, Revision A,
                                                We must receive any comments on                         We issued AD 2017–15–02,                            dated October 6, 2017 (212–15–155), for
                                              this AD by October 5, 2018.                             Amendment 39–18962 (82 FR 33439,                      Model 212 helicopters; Bell ASB 412–
                                              ADDRESSES: You may send comments,                       July 20, 2017), (‘‘AD 2017–15–02’’). AD               15–165, Revision A, dated October 6,
                                              using the procedures found in 14 CFR                    2017–15–02 applied to Bell Model 212                  2017 (412–15–165), and Bell ASB 412–
                                              11.43 and 11.45, by any of the following                and 412 helicopters with an engine oil                15–168, Revision A, dated October 6,
                                              methods:                                                or fuel check valve part number (P/N)                 2017 (ASB 412–15–168), for Model 412
                                                • Federal eRulemaking Portal: Go to                   209–062–520–001 or P/N 209–062–607–                   and 412 EP helicopters; and Bell ASB
                                              http://www.regulations.gov. Follow the                  001 that was manufactured by Circor                   412CF–15–57, Revision A, dated
                                              instructions for submitting comments.                   Aerospace, marked ‘‘Circle Seal’’ and                 October 6, 2017 (412CF–15–57), and
                                                • Fax: 202–493–2251.                                  marked with a manufacturing date code                 Bell ASB 412CF–15–59, Revision A,
sradovich on DSK3GMQ082PROD with RULES




                                                • Mail: U.S. Department of                            of ‘‘10/11’’ (October 2011) through ‘‘03/             dated October 6, 2017 (412CF–15–59),
                                              Transportation, Docket Operations, M–                   15’’ (March 2015) installed. AD 2017–                 for Model 412CF helicopters. ASB 212–
                                              30, West Building Ground Floor, Room                    15–02 resulted from a report that certain             15–153, ASB 412–15–165, and ASB
                                              W12–140, 1200 New Jersey Avenue SE,                     part numbered 209–062–520–001 check                   412–CF–15–57 contain procedures for
                                              Washington, DC 20590.                                   valves manufactured by Circor                         inspecting and replacing engine oil
                                                • Hand Delivery: U.S. Department of                   Aerospace as replacement parts have                   check valve P/N 209–062–520–001. ASB
                                              Transportation, Docket Operations, M–                   been found cracked or leaking on                      212–15–155, ASB 412–15–168, and ASB


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                              42206             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              412CF–15–59 contain procedures for                      closing date and may amend this final                   For the reasons discussed above, I
                                              inspecting and replacing fuel check                     rule because of those comments.                       certify that this AD:
                                              valve P/N 209–062–607–001. Revision                       We will post all comments we                          (1) Is not a ‘‘significant regulatory
                                              A of the service information clarifies                  receive, without change, to http://                   action’’ under Executive Order 12866,
                                              that check valves identified with ‘‘TQL’’               www.regulations.gov, including any                      (2) Is not a ‘‘significant rule’’ under
                                              are not affected by the ASB procedures.                 personal information you provide. We                  DOT Regulatory Policies and Procedures
                                              FAA’s Determination                                     will also post a report summarizing each              (44 FR 11034, February 26, 1979),
                                                                                                      substantive verbal contact we receive
                                                                                                                                                              (3) Will not affect intrastate aviation
                                                We are issuing this AD because we                     about this final rule.
                                                                                                                                                            in Alaska, and
                                              evaluated all the relevant information
                                                                                                      Costs of Compliance                                     (4) Will not have a significant
                                              and determined the unsafe condition
                                              described previously is likely to exist or                We estimate that this AD affects 161                economic impact, positive or negative,
                                              develop in other products of these same                 (59 Model 212 and 102 Model 412)                      on a substantial number of small entities
                                              type designs.                                           helicopters of U.S. Registry.                         under the criteria of the Regulatory
                                                                                                        We estimate that operators may incur                Flexibility Act.
                                              AD Requirements
                                                                                                      the following costs in order to comply                List of Subjects in 14 CFR Part 39
                                                This AD requires, within 25 hours                     with this AD. At an average labor rate
                                              time-in-service (TIS), replacing the                    of $85, replacing each check valve                      Air transportation, Aircraft, Aviation
                                              engine oil and fuel check valves. This                  (engine oil or fuel) will require about 1             safety, Incorporation by reference,
                                              AD also prohibits installing on any                     work-hour, and required parts will cost               Safety.
                                              helicopter a check valve P/N 209–062–                   $85. For the Model 212, we estimate a                 Adoption of the Amendment
                                              520–001 or P/N 209–062–607–001 that                     total cost of $340 per helicopter and
                                              was manufactured by Circor Aerospace,                   $20,060 for the U.S. fleet. For the Model               Accordingly, under the authority
                                              marked ‘‘Circle Seal’’ and marked with                  412, we estimate a total cost of $170 per             delegated to me by the Administrator,
                                              a manufacturing date code of ‘‘10/11’’                  helicopter and $17,340 for the U.S. fleet.            the FAA amends part 39 of the Federal
                                              (October 2011) through ‘‘03/15’’ (March                   According to Bell’s service                         Aviation Regulations (14 CFR part 39) as
                                              2015), except if ‘‘TQL’’ is marked next                 information some of the costs of this AD              follows:
                                              to the manufacturing date code.                         may be covered under warranty, thereby
                                                                                                                                                            PART 39—AIRWORTHINESS
                                              FAA’s Justification and Determination                   reducing the cost impact on affected
                                                                                                                                                            DIRECTIVES
                                              of the Effective Date                                   individuals. We do not control warranty
                                                                                                      coverage by Bell. Accordingly, we have
                                                 An unsafe condition exists that                                                                            ■ 1. The authority citation for part 39
                                                                                                      included all costs in our cost estimate.
                                              requires the immediate adoption of this                                                                       continues to read as follows:
                                                                                                      Authority for This Rulemaking                             Authority: 49 U.S.C. 106(g), 40113, 44701.
                                              AD without providing an opportunity
                                              for public comments prior to adoption.                     Title 49 of the United States Code
                                                                                                                                                            § 39.13    [Amended]
                                              The FAA has found that the risk to the                  specifies the FAA’s authority to issue
                                              flying public justifies waiving notice                  rules on aviation safety. Subtitle I,                 ■ 2. The FAA amends § 39.13 by
                                              and comment prior to adoption of this                   Section 106, describes the authority of               removing Airworthiness Directive (AD)
                                              rule because the actions required by this               the FAA Administrator. Subtitle VII,                  2017–15–02, Amendment 39–18962 (82
                                              AD must be accomplished within 25                       Aviation Programs, describes in more                  FR 33439, July 20, 2017) and adding the
                                              hours TIS, a very short interval for                    detail the scope of the Agency’s                      following new AD:
                                              helicopters used in firefighting and                    authority.                                            2018–17–01 Bell Helicopter Textron, Inc.:
                                              logging operations. Therefore, we find                     We are issuing this rulemaking under                   Amendment 39–19355; Docket No.
                                              good cause that notice and opportunity                  the authority described in Subtitle VII,                  FAA–2018–0738; Product Identifier
                                              for prior public comment are                            Part A, Subpart III, Section 44701,                       2017–SW–132–AD.
                                              impracticable. In addition, for the                     ‘‘General requirements.’’ Under that                  (a) Effective Date
                                              reason stated above, we find that good                  section, Congress charges the FAA with
                                              cause exists for making this amendment                                                                          This AD is effective September 5, 2018.
                                                                                                      promoting safe flight of civil aircraft in
                                              effective in less than 30 days.                         air commerce by prescribing regulations               (b) Affected ADs
                                              Comments Invited                                        for practices, methods, and procedures                  This AD replaces AD 2017–15–02,
                                                                                                      the Administrator finds necessary for                 Amendment 39–18962 (82 FR 33439, July 20,
                                                This AD is a final rule that involves                 safety in air commerce. This regulation               2017).
                                              requirements affecting flight safety, and               is within the scope of that authority                 (c) Applicability
                                              we did not provide you with notice and                  because it addresses an unsafe condition
                                              an opportunity to provide your                                                                                   This AD applies to Bell Model 212, 412,
                                                                                                      that is likely to exist or develop on
                                                                                                                                                            412CF, and 412EP helicopters, certificated in
                                              comments before it becomes effective.                   products identified in this rulemaking                any category, with an engine oil check valve
                                              However, we invite you to send any                      action.                                               part number (P/N) 209–062–520–001 or fuel
                                              written data, views, or arguments about                                                                       check valve P/N 209–062–607–001
                                                                                                      Regulatory Findings
                                              this final rule. Send your comments to                                                                        manufactured by Circor Aerospace, marked
                                              an address listed under the ADDRESSES                     This AD will not have federalism                    ‘‘Circle Seal’’ and with a manufacturing date
                                              section. Include the docket number                      implications under Executive Order                    code of ‘‘10/11’’ (October 2011) through ‘‘03/
sradovich on DSK3GMQ082PROD with RULES




                                              FAA–2018–0738 and product identifier                    13132. This AD will not have a                        15’’ (March 2015), except a check valve
                                              2017–SW–132–AD at the beginning of                      substantial direct effect on the States, on           marked ‘‘TQL’’ next to the manufacturing
                                              your comments. We specifically invite                   the relationship between the national                 date code, installed.
                                              comments on the overall regulatory,                     government and the States, or on the                  (d) Subject
                                              economic, environmental, and energy                     distribution of power and                               Joint Aircraft Service Component (JASC)
                                              aspects of this final rule. We will                     responsibilities among the various                    Codes: 7900 Engine Oil System and 2800
                                              consider all comments received by the                   levels of government.                                 Aircraft Fuel System.



                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM    21AUR1


                                                                Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations                                         42207

                                              (e) Unsafe Condition                                    DEPARTMENT OF TRANSPORTATION                          information, regulatory evaluation, any
                                                This AD defines the unsafe condition as a                                                                   comments received, and other
                                              cracked or leaking check valve, which could             Federal Aviation Administration                       information. The address for Docket
                                              result in loss of lubrication or fuel to the                                                                  Operations (phone: 800–647–5527) is
                                              engine, failure of the engine or a fire, and            14 CFR Part 39                                        Document Operations, U.S. Department
                                              subsequent loss of control of the helicopter.           [Docket No. FAA–2017–1108; Product                    of Transportation, Docket Operations,
                                                                                                      Identifier 2012–NE–44–AD; Amendment 39–               M–30, West Building Ground Floor,
                                              (f) Compliance
                                                                                                      19362; AD 2018–17–08]                                 Room W12–140, 1200 New Jersey
                                                Comply with this AD within the                                                                              Avenue SE, Washington, DC 20590.
                                              compliance times specified, unless already              RIN 2120–AA64
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                              done.
                                                                                                      Airworthiness Directives; Rolls-Royce                 Herman Mak, Aerospace Engineer, ECO
                                              (g) Required Actions                                    plc Turbojet Engines                                  Branch, FAA, 1200 District Avenue,
                                                (1) Within 25 hours time-in-service:                                                                        Burlington, MA 01803; phone: 781–
                                                                                                      AGENCY:  Federal Aviation                             238–7147; fax: 781–238–7199; email:
                                                (i) Replace each fuel check valve.                    Administration (FAA), DOT.
                                                (ii) For Model 212, 412CF, and 412EP                                                                        herman.mak@faa.gov.
                                                                                                      ACTION: Final rule.                                   SUPPLEMENTARY INFORMATION:
                                              helicopters, replace each engine oil check
                                              valve.                                                  SUMMARY:    We are superseding                        Discussion
                                                (2) After the effective date of this AD, do           Airworthiness Directive (AD) 2016–03–
                                              not install on any helicopter a check valve P/          03 for all Rolls-Royce plc (RR) Viper                    We issued a notice of proposed
                                              N 209–062–520–001 or P/N 209–062–607–                   Mk. 521, Viper Mk. 522, and Viper Mk.                 rulemaking (NPRM) to amend 14 CFR
                                              001 manufactured by Circor Aerospace,                   601–22 turbojet engines. AD 2016–03–                  part 39 to supersede AD 2016–03–03,
                                              marked ‘‘Circle Seal’’ and with a
                                                                                                      03 required reducing the life of certain              Amendment 39–18390 (81 FR 12585,
                                              manufacturing date code of ‘‘10/11’’ (October
                                                                                                      critical parts. This AD requires reducing             March 10, 2016) (‘‘AD 2016–03–03’’).
                                              2011) through ‘‘03/15’’ (March 2015), except
                                                                                                      the life of certain critical parts and adds           AD 2016–03–03 applied to all RR Viper
                                              for a check valve marked ‘‘TQL’’ next to the
                                                                                                      additional engine parts to the                        Mk. 521, Viper Mk. 522, and Viper Mk.
                                              manufacturing date code.                                                                                      601–22 turbojet engines. The NPRM
                                                                                                      applicability. This AD was prompted by
                                              (h) Alternative Methods of Compliance                   a determination made by RR that                       published in the Federal Register on
                                              (AMOCs)                                                 additional parts for the applicable RR                December 15, 2017 (82 FR 59560). The
                                                                                                      Viper turbojet engine models are                      NPRM was prompted by RR
                                                 (1) The Manager, DSCO Branch, FAA, has                                                                     determining that additional compressor
                                              the authority to approve AMOCs for this AD,             affected. We are issuing this AD to
                                                                                                      address the unsafe condition on these                 rotating shrouds and the compressor
                                              if requested using the procedures found in 14
                                                                                                      products.                                             main shaft, installed on the affected
                                              CFR 39.19. In accordance with 14 CFR 39.19,
                                                                                                                                                            Viper turbojet engines, require a
                                              send your request to your principal inspector           DATES:  This AD is effective September                reduction in their cyclic life limits. Also
                                              or local Flight Standards District Office, as           25, 2018.                                             since we issued AD 2016–03–03, the
                                              appropriate. If sending information directly               The Director of the Federal Register               European Aviation Safety Agency
                                              to the manager of the certification office,             approved the incorporation by reference               (EASA) has issued AD 2017–0148, dated
                                              send it to the attention of the person                  of certain publications listed in this AD
                                              identified in paragraph (i) of this AD.
                                                                                                                                                            August 15, 2017, which requires
                                                                                                      as of September 25, 2018.                             reducing the cyclic life limits of the
                                                 (2) Before using any approved AMOC,
                                                                                                      ADDRESSES: For service information                    affected parts. The NPRM proposed to
                                              notify your appropriate principal inspector,
                                                                                                      identified in this final rule, contact DA             add additional engine parts to the
                                              or lacking a principal inspector, the manager
                                              of the local flight standards district office/
                                                                                                      Services Operations Room at Rolls-                    applicability. We are issuing this AD to
                                              certificate holding district office.
                                                                                                      Royce plc, Defense Sector Bristol, WH–                address the unsafe condition on these
                                                                                                      70, P.O. Box 3, Filton, Bristol BS34 7QE,             products.
                                              (i) Related Information                                 United Kingdom; phone: +44 (0) 117 97
                                                                                                      90700; fax: +44 (0) 117 97 95498; email:              Comments
                                                 For more information about this AD,
                                              contact Jurgen E. Priester, Aviation Safety             defence-operations-room@rolls-                          We gave the public the opportunity to
                                              Engineer, DSCO Branch, Compliance and                   royce.com. You may view this service                  participate in developing this AD. We
                                              Airworthiness Division, FAA, 10101                      information at the FAA, Engine &                      received no comments on the NPRM or
                                              Hillwood Pkwy., Fort Worth, TX 76177;                   Propeller Standards Branch, 1200                      on the determination of the cost to the
                                              telephone (817) 222–5159; email                         District Avenue, Burlington, MA, 01803.               public.
                                              jurgen.e.priester@faa.gov.                              For information on the availability of
                                                                                                                                                            Conclusion
                                                Issued in Fort Worth, Texas, on August 10,
                                                                                                      this material at the FAA, call 781–238–
                                                                                                      7759. It is also available on the internet              We reviewed the relevant data and
                                              2018.
                                                                                                      at http://www.regulations.gov by                      determined that air safety and the
                                              Lance T. Gant,                                                                                                public interest require adopting this AD
                                                                                                      searching for and locating Docket No.
                                              Director, Compliance & Airworthiness                    FAA–2017–1108.                                        as proposed except for minor editorial
                                              Division, Aircraft Certification Service.                                                                     changes.
                                              [FR Doc. 2018–17905 Filed 8–20–18; 8:45 am]             Examining the AD Docket
                                                                                                        You may examine the AD docket on                    Related Service Information Under 1
                                              BILLING CODE 4910–13–P
                                                                                                      the internet at http://                               CFR Part 51
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      www.regulations.gov by searching for                    We reviewed RR Alert Service
                                                                                                      and locating Docket No. FAA–2017–                     Bulletin (ASBs) Mk. 521 Number 72–
                                                                                                      1108; or in person at Docket Operations               A408, Circulation A; Mk. 521 Number
                                                                                                      between 9 a.m. and 5 p.m., Monday                     72–A408, Circulation B; Mk. 522
                                                                                                      through Friday, except Federal holidays.              Number 72–A413, Circulation A; Mk.
                                                                                                      The AD docket contains this final rule,               522 Number 72–A412, Circulation B;
                                                                                                      the mandatory continuing airworthiness                and Mk. 601–22 Number 72–A207; all


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                              42208              Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              identified as Revision 1 and all dated                    the Viper Mk. 522 turbojet engine. The                  This service information is reasonably
                                              June 2017.                                                content of Circulation A and B of these               available because the interested parties
                                                RR ASBs Mk. 521 Number 72–A408,                         respective ASBs is identical. RR uses                 have access to it through their normal
                                              Circulation A (Revision 1) and Mk. 521                    the designations ‘‘Circulation A’’ and                course of business or by the means
                                              Number 72–A408, Circulation B                             ‘‘Circulation B’’ to determine                        identified in the ADDRESSES section.
                                              (Revision 1) describe applicable part                     distribution of service information,
                                              numbers (P/Ns) and revised cyclic life                                                                          Costs of Compliance
                                                                                                        based on the capabilities of maintenance
                                              limits for parts installed on the Viper                   facilities.
                                              Mk. 521 turbojet engine. RR ASBs Mk.                                                                              We estimate that this AD affects 46
                                              522 Number 72–A413, Circulation A                            RR ASB Mk. 601–22 Number 72–                       engines installed on airplanes of U.S.
                                              (Revision 1), and Mk. 522 Number 72–                      A207, Rev. 1, describes applicable P/Ns               registry.
                                              A412, Circulation B (Revision 1)                          and revised cyclic life limits for parts                We estimate the following costs to
                                              describe applicable P/Ns and revised                      installed on the Viper Mk. 601–22                     comply with this AD:
                                              cyclic life limits for parts installed on                 turbojet engine.

                                                                                                                     ESTIMATED COSTS
                                                                                                                                                                                   Cost per     Cost on U.S.
                                                                     Action                                               Labor cost                          Parts cost           product       operators

                                              Remove and replace parts .............................   4 work-hours × $85 per hour = $340 .............           $75,000             $75,340     $3,465,640



                                              Authority for This Rulemaking                             or on the distribution of power and                       No. FAA–2017–1108; Product Identifier
                                                                                                        responsibilities among the various                        2012–NE–44–AD.
                                                 Title 49 of the United States Code
                                              specifies the FAA’s authority to issue                    levels of government.                                 (a) Effective Date
                                              rules on aviation safety. Subtitle I,                       For the reasons discussed above, I                    This AD is effective September 25, 2018.
                                              Section 106, describes the authority of                   certify that this AD:
                                                                                                          (1) Is not a ‘‘significant regulatory               (b) Affected ADs
                                              the FAA Administrator. Subtitle VII,
                                              Aviation Programs, describes in more                      action’’ under Executive Order 12866,                   This AD replaces AD 2016–03–03,
                                              detail the scope of the Agency’s                            (2) Is not a ‘‘significant rule’’ under             Amendment 39–18390 (81 FR 12585, March
                                              authority.                                                DOT Regulatory Policies and Procedures                10, 2016).
                                                 We are issuing this rulemaking under                   (44 FR 11034, February 26, 1979),                     (c) Applicability
                                              the authority described in Subtitle VII,                    (3) Will not affect intrastate aviation
                                                                                                                                                                This AD applies to all Rolls-Royce plc (RR)
                                              Part A, Subpart III, Section 44701,                       in Alaska, and                                        Viper Mk. 521, Viper Mk. 522, and Viper Mk.
                                              ‘‘General requirements.’’ Under that                        (4) Will not have a significant                     601–22 turbojet engines.
                                              section, Congress charges the FAA with                    economic impact, positive or negative,
                                              promoting safe flight of civil aircraft in                on a substantial number of small entities             (d) Subject
                                              air commerce by prescribing regulations                   under the criteria of the Regulatory                    Joint Aircraft System Component (JASC)
                                              for practices, methods, and procedures                    Flexibility Act.                                      Code 7230, Compressor Section.
                                              the Administrator finds necessary for                                                                           (e) Unsafe Condition
                                                                                                        List of Subjects in 14 CFR Part 39
                                              safety in air commerce. This regulation
                                                                                                          Air transportation, Aircraft, Aviation                 This AD was prompted by a review by RR
                                              is within the scope of that authority                                                                           of the lives of certain critical parts. We are
                                              because it addresses an unsafe condition                  safety, Incorporation by reference,                   issuing this AD to prevent failure of life-
                                              that is likely to exist or develop on                     Safety.                                               limited parts. This unsafe condition, if not
                                              products identified in this rulemaking                    Adoption of the Amendment                             addressed, could result in uncontained part
                                              action.                                                                                                         release, damage to the engine, and damage to
                                                 This AD is issued in accordance with                     Accordingly, under the authority                    the airplane.
                                              authority delegated by the Executive                      delegated to me by the Administrator,
                                                                                                        the FAA amends 14 CFR part 39 as                      (f) Compliance
                                              Director, Aircraft Certification Service,
                                              as authorized by FAA Order 8000.51C.                      follows:                                                Comply with this AD within the
                                              In accordance with that order, issuance                                                                         compliance times specified, unless already
                                                                                                        PART 39—AIRWORTHINESS                                 done.
                                              of ADs is normally a function of the
                                              Compliance and Airworthiness                              DIRECTIVES                                            (g) Required Actions
                                              Division, but during this transition                                                                               (1) Remove from service any Group A
                                                                                                        ■ 1. The authority citation for part 39
                                              period, the Executive Director has                                                                              component listed in Table 1 of the RR Alert
                                                                                                        continues to read as follows:
                                              delegated the authority to issue ADs                                                                            Service Bulletins (ASBs) listed in paragraphs
                                              applicable to engines, propellers, and                        Authority: 49 U.S.C. 106(g), 40113, 44701.        (g)(1)(i) through (v) of this AD within 30 days
                                              associated appliances to the Manager,                                                                           after the effective date of this AD, or before
                                                                                                        § 39.13   [Amended]                                   the part exceeds the revised life limit
                                              Engine and Propeller Standards Branch,
                                              Policy and Innovation Division.                           ■ 2. The FAA amends § 39.13 by                        specified in the applicable ASB, whichever
                                                                                                        removing Airworthiness Directive (AD)                 occurs later.
sradovich on DSK3GMQ082PROD with RULES




                                              Regulatory Findings                                       2016–03–03, Amendment 39–18390 (81                       (i) RR ASB Mk. 521 Number 72–A408,
                                                                                                                                                              Circulation A (Revision 1), dated June 2017.
                                                We have determined that this AD will                    FR 12585, March 10, 2016), and adding                    (ii) RR ASB Mk. 521 Number 72–A408,
                                              not have federalism implications under                    the following new AD:                                 Circulation B (Revision 1), dated June 2017.
                                              Executive Order 13132. This AD will                       2018–17–08 Rolls-Royce plc (Type                         (iii) RR ASB Mk. 522 Number 72–A413,
                                              not have a substantial direct effect on                       Certificate previously held by Rolls-             Circulation A (Revision 1), dated June 2017.
                                              the States, on the relationship between                       Royce (1971) Limited, Bristol Engine                 (iv) RR ASB Mk. 522 Number 72–A412,
                                              the national government and the States,                       Division): Amendment 39–19362; Docket             Circulation B (Revision 1), dated June 2017.



                                         VerDate Sep<11>2014    16:40 Aug 20, 2018   Jkt 244001   PO 00000    Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                                                Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations                                         42209

                                                (v) RR ASB Mk. 601–22 Number 72–A207,                    (4) You may view this service information          ADDRESSES:    For service information
                                              Rev. 1, dated June 2017.                                at FAA, Engine & Propeller Standards                  identified in this final rule, contact
                                                (2) Reserved.                                         Branch, 1200 District Avenue, Burlington,             Bombardier, Inc., Q-Series Technical
                                                                                                      MA, 01803. For information on the
                                              (h) Installation Prohibition                                                                                  Help Desk, 123 Garratt Boulevard,
                                                                                                      availability of this material at the FAA, call
                                                After the effective date of this AD, do not           781–238–7759.                                         Toronto, Ontario M3K 1Y5, Canada;
                                              install any Group A component identified in                (5) You may view this service information          telephone: 416–375–4000; fax: 416–
                                              Table 1 of the RR ASBs in paragraph (g)(1)(i)           that is incorporated by reference at the              375–4539; email: thd.qseries@
                                              through (v) of this AD into any engine, or              National Archives and Records                         aero.bombardier.com; internet: http://
                                              return any engine to service with any affected          Administration (NARA). For information on             www.bombardier.com. You may view
                                              part installed, if the affected part exceeds the        the availability of this material at NARA, call       this referenced service information at
                                              revised life limit specified in the applicable          202–741–6030, or go to: http://                       the FAA, Transport Standards Branch,
                                              ASB.                                                    www.archives.gov/federal-register/cfr/ibr-
                                                                                                                                                            2200 South 216th St., Des Moines, WA.
                                                                                                      locations.html.
                                              (i) Alternative Methods of Compliance                                                                         For information on the availability of
                                              (AMOCs)                                                   Issued in Burlington, Massachusetts, on             this material at the FAA, call 206–231–
                                                                                                      August 10, 2018.                                      3195. It is also available on the internet
                                                (1) The Manager, ECO Branch, FAA, may
                                                                                                      Karen M. Grant,                                       at http://www.regulations.gov by
                                              approve AMOCs for this AD, if requested,
                                              using the procedures found in 14 CFR 39.19.             Acting Manager, Engine and Propeller                  searching for and locating Docket No.
                                              In accordance with 14 CFR 39.19, send your              Standards Branch, Aircraft Certification              FAA–2018–0072.
                                              request to your principal inspector or local            Service.
                                              Flight Standards District Office, as                    [FR Doc. 2018–18021 Filed 8–20–18; 8:45 am]           Examining the AD Docket
                                              appropriate. If sending information directly            BILLING CODE 4910–13–P                                  You may examine the AD docket on
                                              to the manager of the certification office,                                                                   the internet at http://
                                              send it to the attention of the person
                                                                                                                                                            www.regulations.gov by searching for
                                              identified in paragraph (j)(1) of this AD. You          DEPARTMENT OF TRANSPORTATION
                                              may email your request to: ANE-AD-AMOC@                                                                       and locating Docket No. FAA–2018–
                                              faa.gov.                                                                                                      0072; or in person at Docket Operations
                                                                                                      Federal Aviation Administration
                                                (2) Before using any approved AMOC,                                                                         between 9 a.m. and 5 p.m., Monday
                                              notify your appropriate principal inspector,                                                                  through Friday, except Federal holidays.
                                                                                                      14 CFR Part 39
                                              or lacking a principal inspector, the manager                                                                 The AD docket contains this final rule,
                                              of the local flight standards district office/          [Docket No. FAA–2018–0072; Product                    the regulatory evaluation, any
                                              certificate holding district office.                    Identifier 2017–NM–082–AD; Amendment                  comments received, and other
                                                                                                      39–19363; AD 2018–17–09]                              information. The address for Docket
                                              (j) Related Information
                                                 (1) For more information about this AD,              RIN 2120–AA64                                         Operations (phone: 800–647–5527) is
                                              contact Herman Mak, Aerospace Engineer,                                                                       Docket Operations, U.S. Department of
                                              ECO Branch, FAA, 1200 District Avenue,                  Airworthiness Directives; Bombardier,                 Transportation, Docket Operations,
                                              Burlington, MA 01803; phone: 781–238–                   Inc., Airplanes                                       M–30, West Building Ground Floor,
                                              7147; fax: 781–238–7199; email:                                                                               Room W12–140, 1200 New Jersey
                                              herman.mak@faa.gov.
                                                                                                      AGENCY:  Federal Aviation
                                                                                                                                                            Avenue SE, Washington, DC 20590.
                                                 (2) Refer to European Aviation Safety                Administration (FAA), Department of
                                                                                                      Transportation (DOT).                                 FOR FURTHER INFORMATION CONTACT:
                                              Agency (EASA) AD 2017–0148, dated August
                                              15, 2017, for more information. You may                 ACTION: Final rule.
                                                                                                                                                            Darren Gassetto, Aerospace Engineer,
                                              examine the EASA AD on the internet at                                                                        Airframe and Mechanical Systems
                                              http://www.regulations.gov by searching for             SUMMARY:   We are superseding                         Section, FAA, New York ACO Branch,
                                              and locating Docket No. FAA–2017–1108.                  Airworthiness Directive (AD) 2014–05–                 1600 Stewart Avenue, Suite 410,
                                                                                                      28, which applied to certain                          Westbury, NY 11590; telephone 516–
                                              (k) Material Incorporated by Reference
                                                                                                      Bombardier, Inc., Model DHC–8–400                     228–7323; fax 516–794–5531; email 9-
                                                 (1) The Director of the Federal Register             series airplanes. AD 2014–05–28                       avs-nyaco-cos@faa.gov.
                                              approved the incorporation by reference
                                              (IBR) of the service information listed in this
                                                                                                      required revising the maintenance or                  SUPPLEMENTARY INFORMATION:
                                              paragraph under 5 U.S.C. 552(a) and 1 CFR               inspection program, as applicable. This
                                                                                                      AD requires revising the maintenance or               Discussion
                                              part 51.
                                                 (2) You must use this service information            inspection program, as applicable, to                   We issued a notice of proposed
                                              as applicable to do the actions required by             include a revised task. This AD was                   rulemaking (NPRM) to amend 14 CFR
                                              this AD, unless the AD specifies otherwise.             prompted by a determination that the                  part 39 to supersede AD 2014–05–28,
                                                 (i) Rolls-Royce plc (RR) Alert Service               interval from Maintenance Review                      Amendment 39–17800 (79 FR 18611,
                                              Bulletin (ASB) Mk. 521 Number 72–A408,                  Board (MRB) task number 323100–202                    April 3, 2014) (‘‘AD 2014–05–28’’). AD
                                              Circulation A (Revision 1), dated June 2017.            should not be escalated, and that                     2014–05–28 applied to certain
                                                 (ii) RR ASB Mk. 521 Number 72–A408,
                                              Circulation B (Revision 1), dated June 2017.
                                                                                                      Certification Maintenance Requirements                Bombardier, Inc., Model DHC–8–400
                                                 (iii) RR ASB Mk. 522 Number 72–A413,                 (CMR) task number 323100–102 should                   series airplanes. The NPRM published
                                              Circulation A (Revision 1), dated June 2017.            be applicable to all Model DHC–8–400                  in the Federal Register on February 9,
                                                 (iv) RR ASB Mk. 522 Number 72–A412,                  series airplanes, regardless of which                 2018 (83 FR 5746). The NPRM was
                                              Circulation B (Revision 1), dated June 2017.            main landing gear (MLG) up-lock                       prompted by our determination that the
                                                 (v) RR ASB Mk. 601–22 Number 72–A207,                assembly is installed. We are issuing                 interval from MRB task number 323100–
                                              Rev. 1, dated June 2017.                                this AD to address the unsafe condition               202 should not be escalated, and that
sradovich on DSK3GMQ082PROD with RULES




                                                 (3) For service information identified in            on these products.                                    CMR task number 323100–102 should
                                              this AD, contact DA Services Operations
                                                                                                      DATES: This AD is effective September                 be applicable to all Model DHC–8–400
                                              Room at Rolls-Royce plc, Defense Sector
                                              Bristol, WH–70, P.O. Box 3, Filton, Bristol             25, 2018.                                             series airplanes, regardless of which
                                              BS34 7QE, United Kingdom; phone: +44 (0)                  The Director of the Federal Register                MLG up-lock assembly is installed.
                                              117 97 90700; fax: +44 (0) 117 97 95498;                approved the incorporation by reference                 Transport Canada Civil Aviation
                                              email: defence-operations-room@rolls-                   of a certain publication listed in this AD            (TCCA), which is the aviation authority
                                              royce.com.                                              as of September 25, 2018.                             for Canada, has issued Canadian AD


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                              42210             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              CF–2017–15, effective May 29, 2017                         We do not agree with the commenter’s               rules on aviation safety. Subtitle I,
                                              (referred to after this as the Mandatory                request. We contacted the commenter                   section 106, describes the authority of
                                              Continuing Airworthiness Information,                   and, upon further discussion, it was                  the FAA Administrator. Subtitle VII:
                                              or ‘‘the MCAI’’), to correct an unsafe                  determined that paragraph (i) of this AD              Aviation Programs, describes in more
                                              condition for certain Bombardier, Inc.,                 does address the commenter’s request                  detail the scope of the Agency’s
                                              Model DHC–8–400 series airplanes. The                   regarding what operators that already                 authority.
                                              MCAI states:                                            have CMR task number 323100–102 in                       We are issuing this rulemaking under
                                                 [Canadian] AD CF–2012–21 [which                      place should do. The commenter stated                 the authority described in Subtitle VII,
                                              corresponds to FAA AD 2014–05–28] was                   that it originally submitted the comment              Part A, Subpart III, Section 44701:
                                              issued to mandate the incorporation of                  based on a misunderstanding and it                    ‘‘General requirements.’’ Under that
                                              Maintenance Review Board (MRB) task                     intended to withdraw the comment. We                  section, Congress charges the FAA with
                                              number 323100–202. As in-service                        have not changed this AD regarding this               promoting safe flight of civil aircraft in
                                              experience has shown that the interval for              issue.                                                air commerce by prescribing regulations
                                              MRB task number 323100–202 should not be                                                                      for practices, methods, and procedures
                                              escalated, Bombardier has introduced one-               Conclusion
                                                                                                                                                            the Administrator finds necessary for
                                              star CMR task number 323100–102 to prevent                We reviewed the available data,
                                              task escalation. Bombardier has also revised                                                                  safety in air commerce. This regulation
                                                                                                      including the comment received, and                   is within the scope of that authority
                                              the applicability of MRB task number
                                              323100–202 to be applicable to the entire               determined that air safety and the                    because it addresses an unsafe condition
                                              DHC–8–400/-401/-402 fleet, regardless of                public interest require adopting this AD              that is likely to exist or develop on
                                              which main landing gear (MLG) up-lock                   as proposed, except for minor editorial               products identified in this rulemaking
                                              assembly part number is installed. This                 changes. We have determined that these                action.
                                              revised applicability has resulted in CMR               minor changes:                                           This AD is issued in accordance with
                                              task number 323100–102 also being made                    • Are consistent with the intent that               authority delegated by the Executive
                                              applicable to the entire DHC–8–400/-401/-               was proposed in the NPRM for
                                              402 fleet, regardless of MLG up-lock
                                                                                                                                                            Director, Aircraft Certification Service,
                                                                                                      correcting the unsafe condition; and                  as authorized by FAA Order 8000.51C.
                                              assembly part number installation.                        • Do not add any additional burden
                                                 This [Canadian] AD mandates the                                                                            In accordance with that order, issuance
                                                                                                      upon the public than was already                      of ADs is normally a function of the
                                              incorporation of CMR task number 323100–
                                              102 [into the maintenance or inspection                 proposed in the NPRM.                                 Compliance and Airworthiness
                                              program, as applicable].                                Related Service Information Under                     Division, but during this transition
                                                You may examine the MCAI in the                       1 CFR Part 51                                         period, the Executive Director has
                                              AD docket on the internet at http://                                                                          delegated the authority to issue ADs
                                                                                                        Bombardier has issued Q400 Dash 8
                                              www.regulations.gov by searching for                                                                          applicable to transport category
                                                                                                      (Bombardier) Temporary Revision (TR)
                                              and locating Docket No. FAA–2018–                                                                             airplanes to the Director of the System
                                                                                                      ALI–0168, dated October 31, 2016. The
                                              0072.                                                                                                         Oversight Division.
                                                                                                      service information describes CMR task
                                              Comments                                                number 323100–102, ‘‘Functional Check                 Regulatory Findings
                                                                                                      of the Main Landing Gear Uplock
                                                We gave the public the opportunity to                                                                         We determined that this AD will not
                                                                                                      Assembly Latch.’’ This service
                                              participate in developing this AD. The                                                                        have federalism implications under
                                                                                                      information is reasonably available
                                              following presents the comment                                                                                Executive Order 13132. This AD will
                                                                                                      because the interested parties have
                                              received on the NPRM and the FAA’s                                                                            not have a substantial direct effect on
                                                                                                      access to it through their normal course
                                              response to that comment.                                                                                     the States, on the relationship between
                                                                                                      of business or by the means identified
                                                                                                                                                            the national government and the States,
                                              Request To Provide Actions for                          in the ADDRESSES section.
                                                                                                                                                            or on the distribution of power and
                                              Operators With Task Already Included                    Costs of Compliance                                   responsibilities among the various
                                              in Maintenance or Inspection Program                                                                          levels of government.
                                                                                                        We estimate that this AD affects 69
                                                 Horizon Air requested that the                       airplanes of U.S. registry. We estimate                 For the reasons discussed above, I
                                              proposed AD be revised to address                       the following costs to comply with this               certify that this AD:
                                              operators that have already revised their               AD:                                                     1. Is not a ‘‘significant regulatory
                                              maintenance or inspection program to                      We have determined that revising the                action’’ under Executive Order 12866;
                                              include the information specified in                    maintenance or inspection program                       2. Is not a ‘‘significant rule’’ under the
                                              CMR task number 323100–102 of Q400                      takes an average of 90 work-hours per                 DOT Regulatory Policies and Procedures
                                              Dash 8 (Bombardier) Temporary                           operator, although we recognize that                  (44 FR 11034, February 26, 1979);
                                              Revision (TR) ALI–0168, dated October                   this number may vary from operator to                   3. Will not affect intrastate aviation in
                                              31, 2016 (‘‘Bombardier TR ALI–0168’’).                  operator. In the past, we have estimated              Alaska; and
                                              The commenter stated that paragraphs                    that this action takes 1 work-hour per                  4. Will not have a significant
                                              (h) and (i) of the proposed AD                          airplane. Since operators incorporate                 economic impact, positive or negative,
                                              established compliance times and a                      maintenance or inspection program                     on a substantial number of small entities
                                              method for the initial functional check                 changes for their affected fleet(s), we               under the criteria of the Regulatory
                                              of CMR task number 323100–102. The                      have determined that a per-operator                   Flexibility Act.
                                              commenter also noted that the method                    estimate is more accurate than a per-
                                              of compliance for the initial functional                                                                      List of Subjects in 14 CFR Part 39
                                                                                                      airplane estimate. Therefore, we
sradovich on DSK3GMQ082PROD with RULES




                                              check in paragraph (i) of the proposed                  estimate the total cost per operator to be              Air transportation, Aircraft, Aviation
                                              AD is based on accomplishing CMR task                   $7,650 (90 work-hours × $85 per work-                 safety, Incorporation by reference,
                                              number ‘‘32100–202.’’ We infer the                      hour).                                                Safety.
                                              commenter meant CMR task number
                                                                                                      Authority for This Rulemaking                         Adoption of the Amendment
                                              ‘‘323100–102.’’ The commenter stated
                                              that this does not address operators that                 Title 49 of the United States Code                    Accordingly, under the authority
                                              have the CMR task already in place.                     specifies the FAA’s authority to issue                delegated to me by the Administrator,


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1


                                                                Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations                                              42211

                                              the FAA amends 14 CFR part 39 as                        Part 2, Bombardier Q400 Dash 8 Maintenance            or lacking a principal inspector, the manager
                                              follows:                                                Requirements Manual, Product Support                  of the local flight standards district office/
                                                                                                      Manual (PSM) 1–84–7. When this temporary              certificate holding district office.
                                              PART 39—AIRWORTHINESS                                   revision has been included in general                   (2) Contacting the Manufacturer: For any
                                              DIRECTIVES                                              revisions of the PSM, the general revisions           requirement in this AD to obtain corrective
                                                                                                      may be inserted in the maintenance or                 actions from a manufacturer, the action must
                                              ■ 1. The authority citation for part 39                 inspection program, as applicable, provided           be accomplished using a method approved
                                                                                                      the relevant information in the general               by the Manager, New York ACO Branch,
                                              continues to read as follows:                           revision is identical to that in Bombardier TR        FAA; or Transport Canada Civil Aviation
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.          ALI–0168.                                             (TCCA); or Bombardier, Inc.’s, TCCA Design
                                                                                                                                                            Approval Organization (DAO). If approved by
                                              § 39.13   [Amended]                                     (h) Initial Functional Check Compliance
                                                                                                                                                            the DAO, the approval must include the
                                                                                                      Times
                                              ■ 2. The FAA amends § 39.13 by                                                                                DAO-authorized signature.
                                                                                                         For MLG up-lock assembly latches that
                                              removing Airworthiness Directive (AD)                                                                         (k) Related Information
                                                                                                      have accumulated flight cycles which exceed
                                              2014–05–28, Amendment 39–17800 (79                      the CMR task number 323100–102 interval                  (1) Refer to Mandatory Continuing
                                              FR 18611, April 3, 2014), and adding                    specified in Bombardier TR ALI–0168:                  Airworthiness Information (MCAI) Canadian
                                              the following new AD:                                   Perform the initial CMR task number                   AD CF–2017–15, effective May 29, 2017, for
                                              2018–17–09 Bombardier, Inc.: Amendment                  323100–102 functional check as specified in           related information. This MCAI may be
                                                  39–19363; Docket No. FAA–2018–0072;                 Bombardier TR ALI–0168 using the                      found in the AD docket on the internet at
                                                  Product Identifier 2017–NM–082–AD.                  applicable compliance time specified in               http://www.regulations.gov by searching for
                                                                                                      paragraph (h)(1), (h)(2), or (h)(3) of this AD.       and locating Docket No. FAA–2018–0072.
                                              (a) Effective Date                                         (1) For MLG up-lock assembly latches that             (2) For more information about this AD,
                                                This AD is effective September 25, 2018.              have 14,200 total flight cycles or more as of         contact Darren Gassetto, Aerospace Engineer,
                                                                                                      the effective date of this AD: The compliance         Airframe and Mechanical Systems Section,
                                              (b) Affected ADs                                        time for doing the initial functional check is        FAA, New York ACO Branch, 1600 Stewart
                                                This AD replaces AD 2014–05–28,                       within 800 flight cycles after the effective          Avenue, Suite 410, Westbury, NY 11590;
                                              Amendment 39–17800 (79 FR 18611, April 3,               date of this AD.                                      telephone 516–228–7323; fax 516–794–5531;
                                              2014).                                                     (2) For MLG up-lock assembly latches that          email 9-avs-nyaco-cos@faa.gov.
                                                                                                      have 11,600 total flight cycles or more, but             (3) Service information identified in this
                                              (c) Applicability                                       fewer than 14,200 total flight cycles, as of the      AD that is not incorporated by reference is
                                                 This AD applies to Bombardier, Inc.,                 effective date of this AD: The compliance             available at the addresses specified in
                                              Model DHC–8–400, -401, and -402 airplanes,              time for doing the initial functional check is        paragraphs (l)(3) and (l)(4) of this AD.
                                              certificated in any category, serial numbers            within 1,600 flight cycles after the effective
                                              4001, 4003 and subsequent.                              date of this AD, but not to exceed 15,000 total       (l) Material Incorporated by Reference
                                                                                                      flight cycles on the up-lock assembly latch.             (1) The Director of the Federal Register
                                              (d) Subject                                                (3) For MLG up-lock assembly latches with          approved the incorporation by reference
                                                Air Transport Association (ATA) of                    fewer than 11,600 total flight cycles as of the       (IBR) of the service information listed in this
                                              America Code 32, Landing gear.                          effective date of this AD: The compliance             paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                                                                      time for doing the initial functional check is        part 51.
                                              (e) Reason
                                                                                                      within 3,000 flight cycles after the effective           (2) You must use this service information
                                                 This AD was prompted by reports of                   date of this AD, but not to exceed 13,200 total       as applicable to do the actions required by
                                              excessive wear on the lower latch surface of            flight cycles on the up-lock assembly latch.          this AD, unless this AD specifies otherwise.
                                              the main landing gear (MLG) up-lock hook.                                                                        (i) Q400 Dash 8 (Bombardier) Temporary
                                              This AD was also prompted by a                          (i) Method of Compliance for Initial
                                                                                                                                                            Revision (TR) ALI–0168, dated October 31,
                                              determination that, the maintenance or                  Functional Check
                                                                                                                                                            2016.
                                              inspection program, as applicable, must be                 Accomplishing CMR task number 323100–                 (ii) Reserved.
                                              revised to include a new task. We are issuing           102 of Bombardier TR MRB–66, dated                       (3) For service information identified in
                                              this AD to detect and correct up-lock hooks             December 7, 2011, to Section 1–32, Landing            this AD, contact Bombardier, Inc., Q-Series
                                              worn beyond the wear limit, which could                 Gear Maintenance Program, of MRB Report               Technical Help Desk, 123 Garratt Boulevard,
                                              prevent the successful extension of the MLG             Part 1, Bombardier Q400 Dash 8 Maintenance            Toronto, Ontario M3K 1Y5, Canada;
                                              using the primary landing gear extension                Requirements Manual, PSM 1–84–7, within               telephone: 416–375–4000; fax: 416–375–
                                              system, which in combination with an                    3,000 flight cycles before the effective date of      4539; email: thd.qseries@
                                              alternate extension system failure could                this AD, is a method of compliance for the            aero.bombardier.com; internet: http://
                                              result in the inability to extend the MLG.              initial functional check required by CMR task         www.bombardier.com.
                                                                                                      number 323100–102 as specified in                        (4) You may view this service information
                                              (f) Compliance
                                                                                                      Bombardier TR ALI–0168.                               at the FAA, Transport Standards Branch,
                                                 Comply with this AD within the
                                                                                                      (j) Other FAA AD Provisions                           2200 South 216th St., Des Moines, WA. For
                                              compliance times specified, unless already
                                                                                                                                                            information on the availability of this
                                              done.                                                      The following provisions also apply to this
                                                                                                                                                            material at the FAA, call 206–231–3195.
                                                                                                      AD:
                                              (g) Maintenance or Inspection Program                                                                            (5) You may view this service information
                                                                                                         (1) Alternative Methods of Compliance
                                              Revision                                                                                                      that is incorporated by reference at the
                                                                                                      (AMOCs): The Manager, New York ACO
                                                 Within 30 days after the effective date of                                                                 National Archives and Records
                                                                                                      Branch, FAA, has the authority to approve
                                              this AD, revise the maintenance or inspection                                                                 Administration (NARA). For information on
                                                                                                      AMOCs for this AD, if requested using the
                                              program, as applicable, to incorporate the                                                                    the availability of this material at NARA, call
                                                                                                      procedures found in 14 CFR 39.19. In
                                              information specified in Certification                                                                        202–741–6030, or go to: http://
                                                                                                      accordance with 14 CFR 39.19, send your
                                              Maintenance Requirements (CMR) task                                                                           www.archives.gov/federal-register/cfr/ibr-
                                                                                                      request to your principal inspector or local
                                              number 323100–102 of Q400 Dash 8                        Flight Standards District Office, as                  locations.html.
sradovich on DSK3GMQ082PROD with RULES




                                              (Bombardier) Temporary Revision (TR) ALI–               appropriate. If sending information directly            Issued in Des Moines, Washington, on
                                              0168, dated October 31, 2016 (‘‘Bombardier              to the manager of the ACO, send it to ATTN:           August 9, 2018.
                                              TR ALI–0168’’). The applicable maintenance              Program Manager, Continuing Operational               Michael Kaszycki,
                                              or inspection program revision required by              Safety, FAA, New York ACO Branch, 1600
                                                                                                                                                            Acting Director, System Oversight Division,
                                              this paragraph may be done by inserting a               Stewart Avenue, Suite 410, Westbury, NY
                                                                                                                                                            Aircraft Certification Service.
                                              copy of Bombardier TR ALI–0168, to Section              11590; telephone: 516–228–7300; fax: 516–
                                              1–32, Landing Gear Maintenance Program, of              794–5531. Before using any approved AMOC,             [FR Doc. 2018–17754 Filed 8–20–18; 8:45 am]
                                              Maintenance Review Board (MRB) Report                   notify your appropriate principal inspector,          BILLING CODE 4910–13–P




                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 9990   E:\FR\FM\21AUR1.SGM   21AUR1


                                              42212             Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

                                              DEPARTMENT OF EDUCATION                                 explaining that this requirement does                 blind projects, including university-
                                                                                                      not apply to the National Technical                   based projects, have operated effectively
                                              34 CFR Chapter III                                      Assistance and Dissemination Center for               while applying indirect costs at or
                                              [Docket ID ED–2018–OSERS–0024]                          Children Who Are Deaf-Blind. This is                  below 10 percent of their modified total
                                                                                                      not a substantive change because we                   direct costs. For this reason, we do not
                                              Final Requirement—State Technical                       explained in the Background section of                believe that the 10 percent cap
                                              Assistance Projects To Improve                          the NPR that it was not our intent to                 established in this final rule will
                                              Services and Results for Children Who                   apply this requirement to that Center.                deprive the Deaf-Blind program of
                                              Are Deaf-Blind and National Technical                      Public Comment: In response to our                 university-based applicants. We also
                                              Assistance and Dissemination Center                     invitation in the NPR, 10 parties                     believe that limiting the indirect cost
                                              for Children Who Are Deaf-Blind                         submitted comments on the proposed                    rate, for university-based and non-
                                              (TA&D–DB)                                               requirement. Generally, we do not                     university based projects, will not
                                                                                                      address technical and other minor                     undermine sound administrative
                                              AGENCY:  Office of Special Education and                changes, or suggested changes that the                oversight of projects, but rather will be
                                              Rehabilitative Services, Department of                  law does not authorize us to make under               beneficial to the program and its
                                              Education.                                              applicable statutory authority. In                    intended beneficiaries and can be
                                              ACTION: Final requirement.                              addition, we do not address general                   achieved with minimal disruption to
                                                                                                      comments that raised concerns not                     project activities.
                                              Catalog of Federal Domestic Assistance                  directly related to the proposed                         Finally, since this is a competitive
                                              (CFDA) Number: 84.326T.                                 priorities or definitions.                            grant competition, it would be
                                              SUMMARY:    The Assistant Secretary for                    Analysis of the Comments and                       inappropriate, as one commenter
                                              Special Education and Rehabilitative                    Changes: An analysis of the comments                  suggests, to have separate requirements
                                              Services announces a requirement                        follows.                                              for incumbent grantees unavailable to
                                                                                                         Comment: The majority of                           other grantees.
                                              under the Technical Assistance and
                                                                                                      commenters expressed support for                         Changes: None.
                                              Dissemination to Improve Services and
                                                                                                      limiting the indirect cost rate to 10                    Comment: One commenter stated that
                                              Results for Children with Disabilities                  percent, indicating that this would
                                              (TA&D) program. The Assistant                                                                                 changes to the indirect cost rate for this
                                                                                                      allow more funding for the State Deaf-                program could cause confusion if a
                                              Secretary may use this requirement for                  Blind Projects to provide TA to families
                                              competitions in fiscal year (FY) 2018                                                                         grantee also has other approved indirect
                                                                                                      and caregivers, professionals, and others             cost rates from a Federal agency.
                                              and later years.                                        providing services to children who are                   Discussion: We appreciate the
                                              DATES: This requirement is effective                    deaf-blind.                                           commenter’s concern about potential
                                              September 20, 2018.                                        Discussion: We appreciate the                      confusion if a grantee has another
                                              FOR FURTHER INFORMATION CONTACT: Jo                     commenters’ support and agree with the                negotiated indirect cost rate granted by
                                              Ann McCann, U.S. Department of                          comments for the reasons stated.                      either the Department of Education or
                                              Education, 400 Maryland Avenue SW.,                        Changes: None.                                     another Federal agency. We believe that
                                              Room 5162, Potomac Center Plaza,                           Comment: One commenter expressed                   grantees with sufficient administrative
                                              Washington, DC 20202–5076.                              support for the cap on indirect cost rates            capacity to participate in this program
                                              Telephone: (202) 245–7434. Email:                       but raised a concern that some current                will not find it difficult to apply
                                              Jo.Ann.McCann@ed.gov.                                   State Deaf-Blind Projects that are                    different indirect cost rates to grants
                                                 If you use a telecommunications                      university-based may not apply for                    from different agencies. However, to
                                              device for the deaf (TDD) or a text                     future competitions because of the cap,               minimize the risk of confusion cited by
                                              telephone (TTY), call the Federal Relay                 leading to a loss of services for children            the commenter, the Department is
                                              Service (FRS), toll free, at 1–800–8339.                who are deaf-blind within those States.               prepared to provide all necessary
                                              SUPPLEMENTARY INFORMATION: Purpose of                   The commenter suggested that the                      technical assistance to grantees under
                                              Program: The purpose of the Technical                   Department consider allowing                          this program to ensure that they
                                              Assistance and Dissemination to                         universities to reach individual                      understand the new requirement and
                                              Improve Services and Results for                        agreements with the Department on                     charge the appropriate indirect cost rate
                                              Children with Disabilities program is to                indirect cost rates. Another commenter                to the grant.
                                              promote academic achievement and to                     opposed the proposed cap, arguing that                   Changes: None.
                                              improve results for children with                       negotiated indirect cost rates better
                                              disabilities by providing technical                     ensure that necessary administrative                  Final Requirement
                                              assistance (TA), supporting model                       costs for university-based State projects                The Assistant Secretary establishes
                                              demonstration projects, disseminating                   are covered and, therefore, that the                  the following requirement for this
                                              useful information, and implementing                    proposed cap on indirect cost rates                   program. We may apply this
                                              activities that are supported by                        could jeopardize sound administration                 requirement in any fiscal year in which
                                              scientifically based research.                          of State projects.                                    this program is in effect.
                                                 Program Authority: 20 U.S.C. 1461,                      Discussion: We appreciate the                         Final Requirement:
                                              1463, 1481, and 1482.                                   commenters’ concern regarding the                        Allowable indirect costs.
                                                 We published a notice of proposed                    potential for disruption of services for                 A grantee may recover the lesser of (a)
                                              requirement (NPR) in the Federal                        children who are deaf-blind within a                  its actual indirect costs as determined
                                              Register on June 20, 2018 (83 FR 28566).                State in the event an incumbent                       by the grantee’s negotiated indirect cost
sradovich on DSK3GMQ082PROD with RULES




                                              That notice contained background                        applicant does not apply for a new                    rate agreement and (b) 10 percent of its
                                              information and our reasons for                         award under this program. We also                     modified total direct costs. If a grantee’s
                                              proposing this particular requirement.                  appreciate the commenter’s concern                    allocable indirect costs exceed 10
                                              The only difference between the                         about the proper administrative                       percent of its modified total direct costs,
                                              proposed requirement and this final                     oversight of State projects and we agree              the grantee may not recoup the excess
                                              requirement is that we included a                       that strong administrative oversight is               by shifting the cost to other grants or
                                              footnote within the final requirement                   essential. However, many State deaf-                  contracts with the U.S. Government,


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\21AUR1.SGM   21AUR1



Document Created: 2017-12-29 23:38:35
Document Modified: 2017-12-29 23:38:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionBiweekly notice.
DatesComments must be filed by February 1, 2018. A request for a hearing must be filed by March 5, 2018.
ContactLynn Ronewicz, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1927, email: [email protected]
FR Citation83 FR 161 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR