42266 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Notices

appointed for two-year terms that expire

on September 15, 1999.

ADDRESSES: Please submit nominations

to Greg Watchman, Acting Assistant

Secretary of OSHA, c/o Teresa M.B.

Martı ́nez, Office of the Assistant

Secretary, OSHA, Department of Labor,

Room S–2315, 200 Constitution Avenue,

N.W., Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

OSHA, 202–219–8151.

SUPPLEMENTARY INFORMATION: The

function of ACCSH is to advise the

Assistant Secretary ‘‘with respect to the

setting of construction standards and

policy matters affecting federallyfinanced or assisted construction

pursuant to the Contract Work Hours

and Safety Standards Act (40 U.S.C.

333) and the setting of construction

standards pursuant to the Occupational

Safety and Health Act of 1970 (29 U.S.C.

656).’’

ACCSH is expected to meet two to six

times per year for one or two days per

meeting. Pursuant to 29 CFR 1912.3 (b)

and (c), ACCSH has 15 members

categorized as follows:

• Five representatives of employee

interests;

• Five representatives of employer

interests;

• Two representatives of State safety

and health agencies;

• Two representatives qualified by

knowledge and experience related to

construction safety and health; and

• One representative, designated by

the U.S. Secretary of Health and Human

Services (HHS), from the National

Institute for Occupational Safety and

Health (NIOSH), an agency within HHS.

Nominations of new members or

renominations of former or current

members will be accepted in all

categories of membership, except for the

representative from NIOSH. Nominees

should have specified experience

related to occupational safety or health

in the construction industry. The

category of membership for which the

candidate is qualified should be

specified in the nomination letter(s).

Nominations for a particular category of

membership should come from

organizations or individuals within that

category. A summary of the candidate’s

qualifications should be included with

the nomination. In addition, each

nomination letter should state that the

person consents to the nomination and

acknowledges the responsibilities of

serving on ACCSH. The Department of

Labor is committed to equal opportunity

in the workplace and seeks a broadbased and diverse ACCSH membership.

(Authority: 40 U.S.C. 333; 29 U.S.C. 656)

Signed at Washington, DC this 31st day of

July, 1997.

Greg Watchman,

Acting Assistant Secretary of Labor.

[FR Doc. 97–20687 Filed 8–5–97; 8:45 am]

BILLING CODE 4510–26–M

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

Sunshine Act Meeting

TIME AND DATE: 10:00 a.m., Thursday,

August 7, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission shall consider and act

upon the following:

1. Secretary of Labor v. Fort Scott

Fertilizer, Inc., Docket Nos. CENT 92–

334–M, CENT 93–117–M (Issues

include whether the judge correctly

determined that two violations of 30

C.F.R. § 56.14101 were caused by

employee misconduct and were not the

result of the operator’s unwarrantable

failure to comply with the standard, that

the operator was not negligent, and that

the operator’s agent was not liable under

section 110(c) of the Mine Act for the

violation, and whether the judge erred

by failing to consider all of the civil

penalty criteria set forth in section

110(i) of the Mine Act.

Any person attending the meeting

who requires special accessibility

features and/or auxiliary aids, such as

sign language interpreters, must inform

the Commission in advance of those

needs. Subject to 29 C.F.R.

§ 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON FOR MORE INFO: Jean

Ellen (202) 653–5629/(202) 708–9300

for TDD Relay/1–800–877–8339 for toll

free.

Jean H. Ellen,

Chief Docket Clerk.

[FR Doc. 97–20776 Filed 8–1–97; 4:56 pm]

BILLING CODE 6735–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–244]

In the Matter of Rochester Gas and

Electric Corporation; R.E. Ginna

Nuclear Power Plant; Exemption

I

On December 10, 1984, the Nuclear

Regulatory Commission issued Facility

Operating License No. DPR–18 to

Rochester Gas and Electric Corporation

(RG&E or the Licensee) for the R.E.

Ginna Nuclear Power Plant. The license

stipulated, among other things, that the

facility is subject to all rules,

regulations, and orders of the

Commission.

II

In its letter dated June 12, 1997, the

licensee requested an exemption from

the Commission’s regulations. Section

50.60 of Title 10 of the Code of Federal

Regulations, ‘‘Acceptance Criteria for

Fracture Prevention Measures for

Lightwater Nuclear Power Reactors for

Normal Operation,’’ states that all

lightwater nuclear power reactors must

meet the fracture toughness and

material surveillance program

requirements for the reactor coolant

pressure boundary as set forth in

Appendices G and H to 10 CFR part 50.

Appendix G to 10 CFR part 50 defines

pressure/temperature (P/T) limits

during any condition of normal

operation, including anticipated

operational occurrences and system

hydrostatic tests to which the pressure

boundary may be subjected over its

service lifetime. It also states that the

American Society of Mechanical

Engineers Boiler and Pressure Vessel

Code (ASME Code) edition and addenda

specified in 10 CFR 50.55a are

applicable. It is specified in 10 CFR

50.60(b) that alternatives to the

described requirements in Appendices

G and H to 10 CFR Part 50 may be used

when an exemption is granted by the

Commission under 10 CFR 50.12.

To prevent low-temperature

overpressure transients that would

produce pressure excursions exceeding

the 10 CFR part 50, Appendix G, P/T

limits while the reactor is operating at

low temperatures, the licensee installed

a low-temperature overpressure

protection (LTOP) system. The system

includes pressure-relieving devices

called power-operated relief valves

(PORVs). The PORVs are set at a

pressure low enough so that if an LTOP

transient occurred, the mitigation

system would prevent the pressure in

the reactor vessel from exceeding the 10

CFR part 50, Appendix G, P/T limits. To

prevent the PORVs from lifting as a

result of normal operating pressure

surges (e.g., reactor coolant pump

starting, and shifting operating charging

pumps) with the reactor coolant system

in a solid water condition, the operating

pressure must be maintained below the

PORV setpoint. Applying the LTOP

instrument uncertainties required by the

staff’s approved methodology results in

an LTOP setpoint that establishes an

operating window that is too narrow to
Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Notices 42267

permit reasonable system makeup and

pressure control.

To prevent these difficulties, the

licensee has requested to use the ASME

Code Case N–514, ‘‘Low Temperature

Overpressure Protection,’’ which

designates the allowable pressure as 110

percent of that specified by 10 CFR part

50, Appendix G. This would provide an

increased band to permit system

makeup and pressure control. ASME

Code Case N–514 is consistent with

guidelines developed by the ASME

Working Group on Operating Plant

Criteria to define pressure limits during

LTOP events that avoid certain

unnecessary operational restrictions,

provide adequate margins against failure

of the reactor pressure vessel, and

reduce the potential for unnecessary

activation of pressure-relieving devices

used for LTOP. The content of this

ASME Code Case has been incorporated

into Appendix G of Section XI of the

ASME Code and published in the 1993

Addenda to Section XI and has been

incorporated into the latest draft of

Regulatory Guide 1.147 (Draft

Regulatory Guide DG–1050, Revision 12

of Regulatory Guide 1.147, Inservice

Inspection Code Case Applicability

ASME Section XI, dated May 1997).

However, 10 CFR 50.55a, ‘‘Codes and

Standards,’’ only authorizes addenda

through the 1988 Addenda.

III

Pursuant to 10 CFR 50.12, the

Commission may, upon application by

any interested person or upon its own

initiative, grant exemptions from the

requirements of 10 CFR part 50 when (1)

the exemptions are authorized by law,

will not present an undue risk to public

health or safety, and are consistent with

the common defense and security and

(2) when special circumstances are

present. According to 10 CFR

50.12(a)(2)(ii), special circumstances are

present whenever application of the

regulation in question is not necessary

to achieve the underlying purpose of the

rule.

The underlying purpose of 10 CFR

part 50, Appendix G, is to establish

fracture toughness requirements for

ferritic materials of pressure-retaining

components of the reactor coolant

pressure boundary to provide adequate

margins of safety during any condition

of normal operation, including

anticipated operational occurrences, to

which the pressure boundary may be

subjected over its service lifetime.

Section IV.A.2 of Appendix G requires

that the reactor vessel be operated with

P/T limits at least as conservative as

those obtained by following the

methods of analysis and the required

margins of safety of Appendix G of the

ASME Code.

Appendix G of the ASME Code

requires that the P/T limits be

calculated: (a) Using a safety factor of

two on the principal membrane

(pressure) stresses; (b) assuming a flaw

at the surface with a depth of onequarter (1⁄4) of the vessel wall thickness

and a length of six (6) times its depth;

and (c) using a conservative fracture

toughness curve that is based on the

lower bond of static, dynamic, and crack

arrest fracture toughness tests on

material similar to the Ginna reactor

vessel material.

In determining the setpoint for LTOP

events, the licensee proposed to use

safety margins based on an alternate

methodology consistent with the ASME

Code Case N–514 guidelines. The ASME

Code Case N–514 allows determination

of the setpoint for LTOP events such

that the maximum pressure in the vessel

would not exceed 110 percent of the P/

T limits of the existing ASME Code

Appendix G. This results in a safety

factor of 1.8 on the principal membrane

stresses. All other factors, including

assumed flaw size and fracture

toughness, remain the same. Although

this methodology would reduce the

safety factor on the principal membrane

stress, the proposed criteria will provide

adequate margins of safety on the

reactor vessel during LTOP transients,

and thus will satisfy the underlying

purpose of 10 CFR 50.60 for fracture

toughness requirements. Further, by

relieving the operational restrictions,

the potential for undesirable lifting of

the PORV would be reduced, thereby

improving plant safety.

IV

For the foregoing reasons, the NRC

staff has concluded that the licensee’s

proposed use of the alternate

methodology in determining the

acceptable setpoint for LTOP events will

not present an undue risk to public

health and safety and is consistent with

the common defense and security. The

NRC staff has determined that there are

special circumstances present, as

specified in 10 CFR 50.12(a)(2), in that

application of 10 CFR 50.60 is not

necessary in order to achieve the

underlying purpose of this regulation.

Accordingly, the Commission has

determined that, pursuant to 10 CFR

50.12, this exemption is authorized by

law, will not present an undue risk to

the public health and safety, and is

consistent with the common defense

and security.

Accordingly, the Commission hereby

grants an exemption from 10 CFR 50.60

such that in determining the setpoint for

LTOP events, the Appendix G curves for

P/T limits are not exceeded by more

than 10 percent. This exemption

permits using the safety margins

recommended in the AMSE Code Case

N–514, in lieu of the safety margins

required by 10 CFR part 50, Appendix

G. This exemption is applicable only to

LTOP conditions during normal

operation.

Pursuant to 10 CFR 51.32, the

Commission has determined that the

granting of the exemption will have no

significant impact on the quality of the

human environment (62 FR 40554).

This exemption is effective upon

issuance.

Dated at Rockville, Maryland, this 28th day

of July, 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–20643 Filed 8–5–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–223]

University of Massachusetts Lowell;

(University of Massachusetts Lowell

Research Reactor); Order Modifying

Facility Operating License No. R–125

I

The University of Massachusetts

Lowell (the licensee) is the holder of

Facility Operating License No. R–125

(the license) issued on December 24,

1974, by the U.S. Atomic Energy

Commission, and subsequently renewed

on November 21, 1985, by the U.S.

Nuclear Regulatory Commission (the

NRC or the Commission). The license

authorizes operation of the University of

Massachusetts Lowell Research Reactor

(the facility) at a power level up to 1

megawatt thermal (MW(t)). The facility

is a research reactor located in the

center of the North Campus of the

University of Massachusetts Lowell, in

the city of Lowell, Middlesex County, in

northeastern Massachusetts,

approximately 5 miles from the New

Hampshire border. The mailing address

is Radiation Laboratory, University of

Massachusetts Lowell, One University

Avenue, Lowell, Massachusetts 01854.

II

On February 25, 1986, the

Commission promulgated a final rule in

Section 50.64 of Title 10 of the Code of

Federal Regulations (10 CFR 50.64)

limiting the use of high-enriched

uranium (HEU) fuel in domestic