Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 81847 

1 ‘‘Fitness for Duty Programs; Final Rule,’’ 73 FR 

16966 (March 31, 2008). 

(e) The agency is responsible for 

ensuring that each employee’s access to 

retention records is consistent with both 

the Freedom of Information Act (5 

U.S.C. 552), and the Privacy Act (5 

U.S.C. 552a). 

(f) The agency must preserve all 

registers and records relating to a 

reduction in force for at least 1 year after 

the date it issues a specific reduction in 

force notice. 

§ 351.507 Effective date of retention 

standing. 

(a) The retention standing of each 

employee released from a competitive 

level in the order prescribed in 

§ 351.601 is determined as of the date 

the employee is so released. 

(b) The retention standing of each 

employee retained in a competitive 

level as an exception under 

§ 351.606(b), § 351.607, or § 351.608, is 

determined as of the date the employee 

would have been released had the 

exception not been used. The retention 

standing of each employee retained 

under any of these provisions remains 

fixed until completion of the reduction 

in force action which resulted in the 

temporary retention. 

(c) When an agency discovers an error 

in the determination of an employee’s 

retention standing, it shall correct the 

error and adjust any erroneous 

reduction-in-force action to accord with 

the employee’s proper retention 

standing as of the effective date 

established by this section. 

■ 5. Revise § 351.705(a)(2) to read as 

follows: 

§ 351.705 Administrative assignment. 

(a) * * * 

(2) Permit an employee in tenure 

group III, same performance subgroup, 

veterans’ preference subgroup AD to 

displace an employee in tenure group 

III, same performance subgroup, 

veterans’ preference subgroup A or B, or 

permit an employee in tenure group III, 

same performance subgroup, veterans’ 

preference subgroup A to displace an 

employee in tenure group III, same 

performance subgroup, veterans’ 

preference subgroup B consistent with 

§ 351.701 (e.g., an employee in tenure 

group III, performance summary level 

ratings of record total of 12, veterans’ 

preference subgroup AD to displace an 

employee tenure group III, performance 

summary level ratings of record total of 

12, veterans’ preference subgroup A or 

B). 

* * * * * 

PART 430—PERFORMANCE 

MANAGEMENT 

Subpart B—Performance Appraisal for 

General Schedule, Prevailing Rate, and 

Certain Other Employees 

■ 6.Revise § 430.208(d)(4) to read as 

follows: 

§ 430.208 Rating Performance. 

* * * * * 

(d) * * * 

(4) The designation of a summary 

level and its pattern shall be used to 

provide consistency in describing 

ratings of record and as a reference 

point for applying other related 

regulations, excluding enhanced 

performance values under § 351.503(d) 

and (f) of this chapter. 

§ 430.208 [Amended] 

■ 7. In § 430.208, remove paragraph 

(d)(5). 

[FR Doc. 2020–26347 Filed 12–16–20; 8:45 am] 

BILLING CODE 6325–39–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[Docket Nos. PRM–26–3; NRC–2009–0482, 

PRM–26–5; NRC–2010–0304] 

Fitness-for-Duty Program 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petitions for rulemaking; denial. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is denying two 

petitions for rulemaking related to the 

fitness-for-duty program that were 

docketed as PRM–26–3, ‘‘Professional 

Reactor Operator Society—Fitness-forDuty Programs,’’ and PRM–26–5, 

‘‘Nuclear Energy Institute—Fitness-forDuty Programs,’’ due to the 

discontinuation of the associated 

rulemaking. 

DATES: As of December 17, 2020, the 

dockets for PRM–26–3 and PRM–26–5 

are closed. 

ADDRESSES: Please refer to Docket IDs 

NRC–2009–0482 or NRC–2010–0304 

when contacting the NRC about the 

availability of information regarding this 

document. You may obtain publiclyavailable information related to this 

document using any of the following 

methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket IDs NRC–2009–0482 or NRC– 

2010–0304. Address questions about 

NRC dockets to Dawn Forder; 

telephone: 301–415–3407; email: 

Dawn.Forder@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in the 

SUPPLEMENTARY INFORMATION section. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Yanely Malave, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–1519, email: Yanely.MalaveVelez@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title 10 of the Code of Federal 

Regulations (10 CFR) 2.802, ‘‘Petition 

for rulemaking—requirements for 

filing,’’ provides an opportunity for any 

interested person to petition the 

Commission to issue, amend, or rescind 

any regulation in 10 CFR chapter I. The 

NRC received the following petitions for 

rulemaking (PRMs) regarding 10 CFR 

part 26, ‘‘Fitness for Duty Programs,’’ 

subpart I, ‘‘Managing Fatigue,’’ from the 

Professional Reactor Operator Society 

(PROS) and the Nuclear Energy Institute 

(NEI) after the NRC issued a final rule 1

in 2008 that substantially revised its 

fitness for duty requirements: 

(1) PRM–26–3 Submitted by Robert N. 

Meyer on Behalf of PROS 

On October 16, 2009, Mr. Robert N. 

Meyer, on behalf of PROS, an 

organization of operations personnel 

employed at nuclear power plants 

throughout the United States, submitted 

a PRM requesting that the NRC amend 

its fatigue management regulations to 

81848 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Proposed Rules 

change the term ‘‘unit outage’’ to ‘‘site 

outage’’ used in § 26.205(d)(4) and (d)(5) 

and that the definition of ‘‘site outage’’ 

should be provided to read as ‘‘up to 1 

week prior to disconnecting the reactor 

unit from the grid and up to 75-percent 

turbine power following reconnection to 

the grid’’ (ADAMS Accession No. 

ML092960440). The NRC docketed the 

petition as PRM–26–3, and on 

November 27, 2009, published a 

document in the Federal Register 

requesting public comment (74 FR 

62257). The comment period closed on 

February 10, 2010, and the NRC 

received 4 comment letters. After 

evaluating the merits of the petition and 

the public comments, the NRC 

determined that the issues raised in 

PRM–26–3 would be considered in a 

planned rulemaking activity titled, 

‘‘Quality Control/Quality Verification’’ 

(QC/QV) (Docket ID: NRC–2009–0090) 

and published a Federal Register notice 

(76 FR 28192) on May 16, 2011 to this 

effect. 

(2) PRM–26–5 Submitted by Anthony R. 

Pietrangelo on Behalf of NEI 

On September 3, 2010, Anthony R. 

Pietrangelo on behalf of NEI, a nuclear 

power industry trade association, 

submitted a PRM requesting that the 

NRC amend its regulations regarding 

fatigue management based on 

experience gained since the regulations 

were amended in 2008. The NRC 

docketed the petition as PRM–26–5, and 

on October 22, 2010, published a 

document in the Federal Register 

requesting public comment (75 FR 

65249). The comment period closed on 

January 5, 2011, and the NRC received 

39 comment letters. After evaluating the 

merits of the petition and the public 

comments, the NRC determined that the 

issues raised in PRM–26–5 would be 

considered in the planned QC/QV 

rulemaking and published a Federal 

Register notice (76 FR 28192) on May 

16, 2011 to this effect. 

II. Discussion 

A. Discontinuation of the Quality 

Control/Quality Verification (QC/QV) 

Rulemaking 

In SECY–15–0074, ‘‘Discontinuation 

of Rulemaking Activity—Title 10 of the 

Code of Federal Regulations Part 26, 

Subpart I, Quality Control and Quality 

Verification Personnel in Fitness for 

Duty Program (RIN 3150–AF12),’’ 

(ADAMS Accession No. ML15084A092) 

dated May 19, 2015, the NRC staff 

requested Commission approval to 

discontinue the QC/QV rulemaking. 

This request was based on the following 

factors: (1) QC/QV inspections are most 

often performed by maintenance 

personnel who are already covered by 

the work hour controls in 10 CFR part 

26, subpart I; (2) the few remaining 

inspections are performed by a small 

number of QC/QV-dedicated personnel; 

and (3) backfitting the 10 CFR part 26, 

subpart I, work hour controls to the QC/ 

QV-dedicated personnel would not 

result in a substantial increase in the 

overall protection of the public health 

and safety or common defense and 

security. The Commission approved the 

discontinuation of this rulemaking effort 

in SRM–SECY–15–0074, ‘‘Staff 

Requirements—SECY–15–0074— 

Discontinuation of Rulemaking 

Activity—Title 10 of the Code of Federal 

Regulations Part 26, Subpart I, Quality 

Control and Quality Verification 

Personnel in Fitness for Duty Program 

(RIN 3150–AF12),’’ dated July 14, 2015 

(ADAMS Accession No. ML15195A577). 

B. Denial of PRM–26–3 and PRM–26–5 

Under § 2.803(i)(2), if after closing the 

docket for a PRM under § 2.803(h)(2)(ii) 

by addressing it in an ongoing 

rulemaking the NRC decides not to 

complete the rulemaking, the PRM is 

documented as a denial of the PRM. In 

SRM–SECY–15–0074, the Commission 

approved the discontinuation of the QC/ 

QV rulemaking, which was identified to 

address PRM–26–3 and PRM–26–5. 

Therefore, the NRC is denying these 

petitions without prejudice. 

III. Conclusion 

The NRC previously discontinued the 

QC/QV rulemaking and is therefore 

denying without prejudice PRM–26–3 

and PRM–26–5 for the reasons 

discussed in this document. 

Dated: December 8, 2020. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2020–27363 Filed 12–16–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–75; NRC–2002–0018] 

Large Break Loss-of-Coolant Accident 

Redefinition 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; denial. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is denying a petition 

for rulemaking dated February 6, 2002, 

submitted by Anthony R. Pietrangelo on 

behalf of the Nuclear Energy Institute, 

due to the discontinuation of the 

associated rulemaking. 

DATES: As of December 17, 2020, the 

docket for PRM–50–75 is closed. 

ADDRESSES: Please refer to Docket ID 

NRC–2002–0018 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2002–0018. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in the 

SUPPLEMENTARY INFORMATION section. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Yanely Malave, telephone: 301–415– 

1519; email: Yanely.Malave@nrc.gov; or 

Robert Beall, telephone: 301–415–3874; 

email: Robert.Beall@nrc.gov. Both are 

staff of the Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title 10 of the Code of Federal 

Regulations (10 CFR) 2.802, ‘‘Petition 

for rulemaking—requirements for 

filing,’’ provides an opportunity for any 

interested person to petition the 

Commission to issue, amend, or rescind 

any regulation. On February 6, 2002, 

Anthony R. Pietrangelo, on behalf of the 

Nuclear Energy Institute (petitioner),