9626 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 

request from March 31, 2010, to June 30, 

2011, for five specific requirements of 

the new rule. As stated above, 10 CFR 

73.5 allows the NRC to grant 

exemptions from the requirements of 10 

CFR part 73. The NRC staff has 

determined that granting of the 

licensee’s proposed exemption would 

not result in a violation of the Atomic 

Energy Act of 1954, as amended, or the 

Commission’s regulations. Therefore, 

the exemption is authorized by law. 

In the draft final rule provided to the 

Commission on July 9, 2008, the NRC 

staff proposed that the requirements of 

the new regulation be met within 180 

days. The Commission directed a 

change from 180 days to approximately 

1 year for licensees to fully implement 

the new requirements. This change was 

incorporated into the final rule. From 

this, it is clear that the Commission 

wanted to provide a reasonable 

timeframe for licensees to achieve full 

compliance. 

As noted in the final Power Reactor 

Security Requirements rule (74 FR 

13925, March 27, 2009), the 

Commission also anticipated that 

licensees would have to conduct site 

specific analyses to determine what 

changes were necessary to implement 

the rule’s requirements, and that these 

changes could be accomplished through 

a variety of licensing mechanisms, 

including exemptions. Since issuance of 

the final rule, the Commission has 

rejected a generic industry request to 

extend the rule’s compliance date for all 

operating nuclear power plants, but 

noted that the Commission’s regulations 

provide mechanisms for individual 

licensees, with good cause, to apply for 

relief from the compliance date 

(Reference: June 4, 2009 letter from R. 

W. Borchardt, NRC, to M.S. Fertel, 

Nuclear Energy Institute). The licensee’s 

request for an exemption is therefore 

consistent with the approach set forth 

by the Commission and discussed in the 

June 4, 2009, letter. 

PINGP Schedule Exemption Request 

The licensee provided detailed 

information in Enclosures 1 and 2 of its 

November 5, 2009, submittal letter 

requesting an exemption, as well as in 

its supplemental letter dated December 

17, 2009. It describes a comprehensive 

plan to upgrade the security capabilities 

of the PINGP site and provides a 

timeline for achieving full compliance 

with the new regulation. Enclosures 1 

and 2 contain security-related 

information regarding the site security 

plan, details of specific portions of the 

regulation for which the site cannot be 

in compliance by the March 31, 2010, 

deadline and why, the required changes 

to the site’s security configuration, and 

a timeline with critical path activities 

that will bring the licensee into full 

compliance by June 30, 2011. The 

licensee stated that the schedule for the 

physical modifications associated with 

this request were developed based on 

current information and anticipated 

impediments to construction such as 

planned refueling outages at both Units 

1 and 2 and winter weather conditions 

that may impair construction due to 

frozen ground or extreme cold that 

creates personnel safety issues. 

Enclosure 2 to the November 5, 2009, 

submittal includes a timeline that 

provides dates indicating when (1) 

construction will begin on various 

phases of the project, (2) outages are 

scheduled for each unit, and (3) critical 

equipment will be ordered, installed, 

and become operational. 

Notwithstanding the schedular 

exemptions for these limited 

requirements, the licensee will continue 

to be in compliance with all other 

applicable physical security 

requirements as described in 10 CFR 

73.55 and reflected in its current NRC 

approved physical security program. By 

June 30, 2011, PINGP will be in full 

compliance with all the regulatory 

requirements of 10 CFR 73.55, as issued 

on March 27, 2009. 

4.0 Conclusion for Part 73 Schedule 

Exemption Request 

The staff has reviewed the licensee’s 

submittals and concludes that the 

licensee has provided adequate 

justification for its request for an 

exemption from the March 31, 2010, 

compliance date to June 30, 2011, with 

regard to the specified requirements of 

10 CFR 73.55. 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ exemption 

from the March 31, 2010, compliance 

date is authorized by law and will not 

endanger life or property or the common 

defense and security, and is otherwise 

in the public interest. Therefore, the 

Commission hereby grants the requested 

exemption. 

The NRC staff has determined that the 

long-term benefits that will be realized 

when these projects are complete justify 

extending the March 31, 2010, full 

compliance date with regard to the 

specified requirements of 10 CFR 73.55 

for this particular licensee. The security 

measures, that PINGP needs additional 

time to implement, are new 

requirements imposed by March 27, 

2009 amendments to 10 CFR 73.55, and 

are in addition to those required by the 

security orders issued in response to the 

events of September 11, 2001. 

Therefore, it is concluded that the 

licensee’s actions are in the best interest 

of protecting the public health and 

safety through the security changes that 

will result from granting this exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

compliance date for the five 

requirements specified in Enclosure 1 of 

the NSPM letter dated November 5, 

2009, the licensee is required to be in 

full compliance by June 30, 2011. In 

achieving compliance, the licensee is 

reminded that it is responsible for 

determining the appropriate licensing 

mechanism (i.e., 10 CFR 50.54(p) or 10 

CFR 50.90) for incorporation of all 

necessary changes to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment [75 FR 6225; dated 

February 8, 2010]. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 23rd day 

of February 2010. 

For The Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4382 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0577] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of Regulatory Guide 1.47, 

Revision 1, ‘‘Bypassed and Inoperable 

Status Indication for Nuclear Power 

Plant Safety Systems.’’ 

FOR FURTHER INFORMATION CONTACT: 

Khoi Nguyen, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone (301) 251–7453 or email Khoi.Nguyen@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to an existing guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Notices 9627 

NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

Revision 1 of Regulatory Guide 1.47 

was issued with a temporary 

identification as Draft Regulatory Guide, 

DG–1205. This guide describes a 

method that the staff of the NRC 

considers acceptable for use in 

complying with the NRC’s regulations 

with respect to bypassed and inoperable 

status indication for nuclear power 

plant safety systems. 

The regulatory framework that the 

NRC has established for nuclear power 

plants consists of a number of 

regulations and supporting guidelines 

applicable to bypassed and inoperable 

status indication, including, but not 

limited to, General Design Criterion 

(GDC) 1, ‘‘Quality Standards and 

Records,’’ GDC 13, ‘‘Instrumentation and 

Control,’’ GDC 19, ‘‘Control Room,’’ GDC 

21, ‘‘Protection System Reliability and 

Testability,’’ GDC 22, ‘‘Protection System 

Independence,’’ and GDC 24, 

‘‘Separation of Protection and Control 

Systems,’’ as set forth in Appendix A, 

‘‘General Design Criteria for Nuclear 

Power Plants,’’ to Title 10, Part 50, 

‘‘Domestic Licensing of Production and 

Utilization Facilities,’’ of the Code of 

Federal Regulations (10 CFR part 50). 

GDC 1 requires that structures, systems, 

and components important to safety be 

designed and installed to quality 

standards commensurate with the 

importance-to-safety of the functions to 

be performed. GDC 13 requires that 

appropriate controls be provided to 

maintain variables and systems that can 

affect the fission process, the integrity of 

the reactor core, the reactor coolant 

pressure boundary, and the containment 

and its associated systems within 

prescribed operating ranges. GDC 19 

requires that a control room be provided 

from which actions can be taken to 

operate the nuclear power unit safely 

under normal operating conditions. 

GDC 21 requires that the protection 

system be designed for high functional 

reliability and inservice testability. GDC 

22 requires that the protection system be 

designed to ensure that the effects of 

normal operating, maintenance, and 

testing on redundant channels do not 

result in the loss of the protection 

function or be demonstrated to be 

acceptable on some other defined basis. 

GDC 24 requires that interconnection of 

the protection and control systems be 

limited to ensure that safety is not 

significantly impaired. 

II. Further Information 

In October 2008, DG–1205 was 

published with a public comment 

period of 60 days from the issuance of 

the guide. The public comment period 

closed on December 22, 2008. The staff’s 

responses to the comments received are 

located in the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) under Accession No. 

ML092330085. 

Electronic copies of Regulatory Guide 

1.47, Revision 1 are available through 

the NRC’s public Web site under 

‘‘Regulatory Guides’’ at http:// 

www.nrc.gov/reading-rm/doccollections/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852–2738. The PDR’s 

mailing address is USNRC PDR, 

Washington, DC 20555–0001. The PDR 

can also be reached by telephone at 

(301) 415–4737 or (800) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 24th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. 2010–4435 Filed 3–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0384] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of Regulatory Guide 1.40. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Koshy, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 251–7663, e-mail: 

Thomas.Koshy@nrc.gov, or R.A. Jervey, 

telephone: (301) 251–7404, e-mail: 

Richard.Jervey@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to an existing guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

Revision 1 of Regulatory Guide 1.40, 

‘‘Qualification of Continuous Duty 

Safety-Related Motors for Nuclear 

Power Plants,’’ was issued with a 

temporary identification as Draft 

Regulatory Guide DG–1150. 

This RG describes a method that the 

staff of the NRC deems acceptable for 

complying with the Commission’s 

regulations for qualification of 

continuous duty safety-related motors 

for nuclear power plants. 

The Commission’s regulations in Title 

10, Part 50, ‘‘Domestic Licensing of 

Production and Utilization Facilities,’’ of 

the Code of Federal Regulations (10 CFR 

part 50), require that structures, 

systems, and components in a nuclear 

power plant that are important to safety 

be designed to accommodate the effects 

of environmental conditions (i.e., they 

must remain functional under 

postulated design-basis events). Toward 

that end, General Design Criteria 1, 2, 4, 

and 23 of Appendix A, ‘‘General Design 

Criteria for Nuclear Power Plants,’’ to 

10 CFR Part 50 contain the general 

requirements. The specific requirements 

pertaining to qualification of certain 

electrical equipment important to safety 

appear in 10 CFR 50.49, ‘‘Environmental 

Qualification of Electric Equipment 

Important to Safety for Nuclear Power 

Plants.’’ In addition, Criterion III, 

‘‘Design Control,’’ of Appendix B, 

‘‘Quality Assurance Criteria for Nuclear 

Power Plants and Fuel Reprocessing 

Plants,’’ to 10 CFR part 50, requires that 

test programs, when used to verify the 

adequacy of a specific design feature, 

should include suitable qualification 

testing of a prototype unit under the 

most adverse design conditions. 

II. Further Information 

In August 2009, DG–1150 was 

published with a public comment 

period of 60 days from the issuance of 

the guide. The public comment period 

closed on October 30, 2009. The staff’s 

responses to the comments received are 

located in the NRC’s Agencywide 

Documents Access and Management 

System under accession number 

ML093080126. Electronic copies of RG 

1.40, Revision 1 are available through 

the NRC’s public Web site under 

‘‘Regulatory Guides’’ at http:// 

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