6272 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices

Office of Management and Budget

(OMB) for review and clearance in

accordance with the Paperwork

Reduction Act of 1995. OMB approval

has been requested by February 14,

1997. If granted, the emergency

approval is only valid for 180 days.

Comments should be directed to OMB,

Office of Information and Regulatory

Affairs, Attention: Ms. Debra Bond,

202–395–7316, Department of Justice

Desk Officer, Washington, DC 20503.

During the first 60 days of this same

period a regular review of this

information collection is also being

undertaken. Comments are encouraged

and will be accepted until April 14,

1997. Written comments and

suggestions from the public and affected

agencies concerning the proposed

collection of information should address

one or more of the following four points:

(1) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility.

(2) Evaluate the accuracy of the

agencies estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology;

e.g., permitting electronic submission of

responses.

If you have additional comments,

suggestions, or need a copy of the

proposed information collection

instrument with instructions, or

additional information, please contact

Richard A. Sloan 202–616–7600,

Director, Policy Directives and

Instructions Branch, Immigration and

Naturalization Service, U.S. Department

of Justice, Room 5307, 425 I Street, NW.,

Washington, DC 20536. Additionally,

comments and/or suggestions regarding

the item(s) contained in this notice,

especially regarding the estimated

public burden and associated response

time may also be directed to Mr.

Richard A. Sloan.

Overview of this information

collection:

(1) Type of Information Collection:

New Information Collection.

(2) Title of the Form/Collection:

Certificate of Eligibility for

Nonimmigrant Student (F–1/M–1)

Status for Academic, Language and

Vocational Students (Pilot).

(3) Agency form number, if any, and

the applicable component of the

Department of Justice sponsoring the

collection: Form I–20P. Adjudications

Division, Immigration and

Naturalization Service.

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Primary: Not-for-profit

institutions, Business or other for profit.

The information collection is used by

the INS to electronically collect and

submit information in a limited pilot

environment, from nonimmigrant

students attending schools in the U.S. in

order that INS can monitor the students’

immigration status and ensure that the

students maintain the conditions

imposed by their nonimmigrant status

while attending school.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 20,000 responses at 30 minutes

per response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 10,000.

If additional information is required

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division, Suite 850, Washington Center,

1001 G Street, NW, Washington, DC

20530.

Dated: February 6, 1997.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 97–3393 Filed 2–10–97; 8:45 am]

BILLING CODE 4410–18–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Job Training Partnership Act: Migrant

and Seasonal Farmworker Programs;

Application of Waiver Provision, and

Solicitation for Grant Application

AGENCY: Employment and Training

Administration, Labor.

ACTION: Notice of the application of the

waiver from the requirement for

competition of migrant and seasonal

farmworker grants every two years, and

notice of solicitation for grant

applications (SGA) for funding of

migrant and seasonal farmworker

training and employment programs in

five State service areas.

SUMMARY: This action concerns funding

of the Migrant and Seasonal

Farmworker grants authorized under

section 402 of the Job Training

Partnership Act (29 U.S.C. 1672). The

Department of Labor (DOL or

Department) announces that for state

service areas currently served by

grantees that are performing

satisfactorily, the Department is

exercising its option to waive

competition for the second two-year

funding period of the current four-year

funding cycle that began with the 1995

Program Year (PY) on July 1, 1995.

The State service areas for which

competition is not waived are

Minnesota, Mississippi, North Dakota,

Puerto Rico, and South Dakota. Since

competition is not waived for these

areas, this notice solicits proposals for

grant applications from qualifying

organizations to serve these areas during

Program Years 1997 and 1998 (July 1,

1997 through June 30, 1999). Applicants

selected will be designated as grantees

for these five areas for PYs 1997 and

1998 (July 1, 1997 through June 30,

1999). For the purpose of this

solicitation, Preapplication for Federal

Assistance (SF 424) will be included in

the application package as opposed to

being submitted as a separate and

preceding document.

DATES: Applications for Grant

Agreements shall be submitted by

certified or registered mail, return

receipt requested, and postmarked no

later than April 14, 1997. Applications

submitted by hand-delivery will be

accepted daily between the hours of

8:15 a.m. and 4:45 p.m., Eastern Time,

but no later than 4:45 p.m., Eastern

Time, on April 14, 1997.

No exceptions to the mailing and

hand-delivery conditions set forth in

this notice will be granted. Funding

applications failing to meet the

conditions set forth in this notice will

not be accepted.

ADDRESSES: Funding applications shall

be mailed or hand-delivered to James

DeLuca, Grant Officer, ETA, 200

Constitution Avenue, NW., Room S–

4203, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Charles C. Kane, Chief, Division of

Seasonal Farmworker Programs, 200

Constitution Avenue, NW., Room N–

4641, Washington, DC 20210. Phone:

(202) 219–5500 (this is not a toll-free

number). E-mail:

KANEC@DOLETA.GOV.

A. Notice of Waiver of Competition

The Department announces that it is

waiving the requirement to conduct a

competition for grants to serve migrant
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices 6273

and seasonal farmworkers during the

1997 and 1998 Program Years under

Section 402 of the Job Training

Partnership Act for all grantees except

those serving Minnesota, Mississippi,

North Dakota, Puerto Rico, and South

Dakota.

This waiver is exercised in

accordance with JTPA section 402(c)(2)

which states as follows:

The competition for grants under this

section shall be conducted every 2 years,

except that if a recipient of such a grant has

performed satisfactorily under the terms of

the existing grant agreement, the Secretary

may waive the requirement for such

competition upon receipt from the recipient

of a satisfactory 2-year grant period.

This waiver applies to the

‘‘succeeding 2-year grant’’ period of the

four year funding cycle that began July

1, 1995. Grants for the first 2-year grant

period covering PYs 1995 and 1996

(July 1, 1995 through June 30, 1997)

were competed through a solicitation for

grant agreements for every State service

area.

The Department has determined that

there are three grantees that have not

performed satisfactorily during the

current Program Year. These grantees

operate Section 402 migrant and

seasonal farmworker grant programs in

the five State service areas of Minnesota,

Mississippi, North Dakota, Puerto Rico

and South Dakota. Since the waiver

does not apply to these five areas, the

Department seeks qualifying grantees for

operating programs in these five areas

under the Solicitation that follows.

B. Solicitation for Grant Agreements

This notice provides instructions

consisting of: Part I—Introduction; and

Part II—Solicitation for Grant

Application (SGA). Part II constitutes

invitations from the Department for

public agencies, and private nonprofit

organizations authorized by their

Charters or Articles of Incorporation to

provide training and employment and

other services described in this notice,

to submit funding applications for

operating migrant and seasonal

farmworker programs during PY 1997 in

Minnesota, Mississippi, North Dakota,

Puerto Rico and South Dakota.

Part I—Introduction and Background

JTPA, 29 U.S.C. 1501 et seq.,

establishes programs to prepare youth

and unskilled adults for entry into the

labor force, and to afford job training to

those economically disadvantaged

individuals and others facing serious

barriers to employment who are in

special need of such training to obtain

productive employment. The

regulations promulgated by DOL to

implement JTPA are set forth at parts

626 through 638 of Title 20, Code of

Federal Regulations (CFR).

The purpose of section 402 of JTPA,

as set forth at 29 U.S.C. 1672 and 20

CFR 633.102, is to provide job training,

employment opportunities, and other

services for those individuals who suffer

chronic seasonal unemployment and

underemployment in the agriculture

industry. These conditions have been

substantially aggravated by continual

advancements in technology and

mechanization resulting in

displacement and contribute

significantly to the Nation’s rural

employment problem. These factors

substantially affect the entire national

economy. Because of the special nature

of farmworker employment and training

problems, such programs are centrally

administered at the national level.

Programs and activities supported under

this section shall, in accordance with

section 402(c)(3) of JTPA:

(1) Enable farmworkers and their

dependents to obtain or retain

employment;

(2) Allow participation in other

program activities leading to their

eventual placement in unsubsidized

agricultural or nonagricultural

employment;

(3) Allow activities leading to

stabilization in agricultural

employment; and

(4) Include related assistance and

supportive services.

Regulations promulgated by DOL to

implement the provisions of Title IV,

section 402, of JTPA are set forth in 20

CFR part 633 and part 636. In addition,

State and local governments and Native

American applicants must conform to

Administrative Requirements at 29 CFR

part 97. Non-profit organizations must

conform to Administrative Regulations

at 29 CFR part 95. Migrant and other

seasonally employed farmworker

programs are also subject to 29 CFR

parts 93 (Restrictions on Lobbying), 96

(Audit Requirements for Grants,

Contracts and other agreements), and 98

(Disbarment, Suspension and Drug-free

Workplace requirements).

Pursuant to 20 CFR 633.201, DOL will

not consider any funding application

when fraud or criminal activity has been

proven to exist within the applicant

organization, or when efforts by the

DOL to recover debts established by

final agency action have been

unsuccessful. Prior to the final selection

of an applicant as a potential grantee,

DOL will conduct a Responsibility

Review of the available records to

establish an organization’s overall

responsibility to administer Federal

funds in accordance with 20 CFR

633.204. Any applicant which is not

considered or selected as a potential

grantee because of these provisions shall

be advised of its appeal rights.

Comments From the States

Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs,’’ and the implementing

regulations at 29 CFR part 17, are

applicable to this program. Pursuant to

these requirements, in States which

have established a consultation process

expressly covering this program,

applications shall be provided to the

State for comment. Since States also

may participate as competitors for this

program, applications shall be

submitted to the State upon the

deadline for submission to DOL (20 CFR

633.202(d)).

To strengthen the implementation of

E.O. 12372, DOL specifies the following

timeframe for its treatment of comments

from the State’s Single Point of Contact

(SPOC) on JTPA section 402

applications:

1. As required by 29 CFR 17, the

SPOC must submit comments, if any, to

DOL no later than 60 days after the

deadline date for applications;

2. DOL will forward those comments

to the applicant within 10 days of their

receipt from the SPOC; and

3. DOL will notify the SPOC of its

decision regarding the comments and

response, but, under normal

circumstances, will not implement that

decision for at least 10 days after the

SPOC has been notified.

Planning Estimates

Planning estimates for the five

jurisdictions are provided below. The

stated amounts are solely for the

purpose of developing the funding

applications and are the same as the PY

1996 allocations. Final allocation levels

for PY 1997 will be published for all

State service areas at a later date.

Minnesota: $1,243,685

Mississippi: $1,413,704

North Dakota: $456,939

Puerto Rico: $2,867,153

South Dakota: $675,971

Part II—Solicitation for Grant

Applications

A. Funding Applications

Program Year 1997 section 402 funds

are available for grants to serve all State

service areas except Alaska, Rhode

Island and the District of Columbia. As

stated in the preceding portion of this

notice, funds will be awarded through

competition to serve the five State

service areas listed above.

Applications for Statewide programs

are encouraged, but are not necessary.
6274 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices

Applicants applying for grants shall

submit:

(1) A Standard From 424 Facesheet

found in OMB Circular No. A–102;

(2) An attachment identifying, by

State or county, the proposed service

area; and

(3) For a private nonprofit

organization, a recent (within the last

six months) certification from a

Certified Public Accountant that its

financial management system is capable

of properly accounting for and

safeguarding Federal funds; or, for a

public agency, a recent (within the last

six months) certification by its Chief

Fiscal Officer attesting to the adequacy

of the agency’s accounting system to

properly account for and safeguard

Federal funds.

The Preapplication for Federal

Assistance shall be submitted as part of

the application package and should also

include the following:

(1) A statement indicating the legally

constituted authority under which the

organization functions. An applicant

which is a nonprofit organization shall

submit a copy of its Charter or Articles

of Incorporation to satisfy this

requirement;

(2) An employer identification

number (EIN) from the Internal Revenue

Service and, for nonprofit applicants,

proof of the organization’s nonprofit

status.

B. Review of Funding Applications

Applications will be reviewed and

rated by a review panel applying the

review standards cited at 20 CFR

633.203. Panel results are advisory in

nature and are not binding on the Grant

Officer. In addition, prior to the final

selection of an applicant as a potential

grantee, DOL will conduct a

Responsibility Review of available

records pursuant to 20 CFR 633.204.

This review is intended to establish

overall responsibility to administer

Federal funds and is independent of the

competitive process. Applicants failing

to meet the requirements of that or other

sections of the regulations will not be

selected as potential grantees

irrespective of their standing in the

competition.

C. Rating Criteria

The rating criteria and the weights

assigned to each are described below:

(1) An understanding of the problems

of migrant and seasonal farmworkers.

Range 0 to 20 points. This factor rates

the applicant’s analysis of the needs of

the target group, including socioeconomic characteristics of the client

population and the proposed program’s

potential to address those needs. Ratings

are based on a clear and concise

narrative demonstrating this

understanding; appropriateness of the

proposed program mix of training and

supportive services meeting the

identified needs; and responsiveness to

JTPA goals of targeting the hard-to-serve

for training which leads to skills

acquisition, long-term employability

and increased earnings.

(2) A familiarity with the area to be

served. Range 0 to 15 points. This factor

rates the applicant’s knowledge of the

resources of the service area, and the

proposed linkages, coordination, and

partnerships with different segments of

the community within a designated

service delivery area in order to further

the training and placement of

farmworkers into new and better jobs;

i.e., plans for involving appropriate area

agencies and programs in the design and

delivery of training and other services

proposed to meet the needs of

participants. It includes a demonstrated

knowledge of approximate size and

location within the State of the eligible

client population, current and changing

market place needs, including areas of

emerging technologies, and how the

changing skill requirements will be

reflected in the proposed program

activities. Ratings are based on a clear

and concise narrative demonstrating

this familiarity, and documented

programmatic ties to appropriate area

agencies and programs.

(3) A previously demonstrated

capability to administer effectively a

diversified employability development

program, including program outcomes.

Range 0 to 30 points. This factor rates

program experience, and capability to

meet or exceed planned goals. Ratings

are based on a previously demonstrated

capability to administer effectively a

diversified employability development

program for migrant and seasonal

farmworkers; documentation that

planned performance goals were either

met or exceeded during the period of

performance; and satisfactory

description of the employment and

training components and procedures

necessary to undertake the goals of this

grant solicitation.

(4) General administrative and

financial management capability,

including audit outcomes. Range 0 to 25

points. This factor rates the applicant’s

managerial experience, and the

potential for efficient and effective

administration of the proposed program.

In the case of applicants competing for

two or more States or sub-State areas,

the application for each State or subState area should contain a statement

describing the manner in which the

grant recipient will conduct monitoring

and provide technical assistance and

support to each of the State’s operations

for which it achieves responsibility to

the Department of Labor. Ratings are

based on consideration of the

administrative expertise of present and

proposed managerial and decisionmaking staff, and the extent to which

the management plan demonstrates the

ability to capably and economically

operate a multi-activity delivery system.

Finally, the applicant should expound

on those cost benefits which will accrue

to the Department of Labor through a

multi-jurisdiction (State) approach over

that offered through the management of

a single venue grant.

D. Content and Format of Funding

Application (Statement of Work)

Exclusive of letters of support and

commitment, the funding application

should not exceed 50 pages of doublespaced unreduced type. Cost issues

should not be addressed in an

applicant’s submission. Detailed

budgets and program planning estimates

are not to be part of the application.

These will be negotiated later with

applicants selected for grant awards.

The required application format shall

be followed and contain the sections

listed below. The sections correspond to

the rating criteria listed in the preceding

subpart of this notice.

(1)—Target Populations and Program

Approach

This section should describe the

applicant’s approach to fulfilling the

intent of JTPA section 402. Elements to

be included are:

(a) A description of the needs and

problems of migrant and seasonal

farmworkers in the service area,

including the socio-economic

characteristics of the farmworker

population in the State or sub-State area

to be served;

(Note: For applicants which are current JTPA

section 402 grant recipients, a sole

recapitulation of the socio-economic

characteristics of their past or current

participants will not satisfy this requirement);

and

(b) The rationale for the proposed

program mix of training for job

placement, training for employability

enhancement, and stabilization in

agriculture through supportive services

activities, including a discussion of

targeting the hard-to-serve for long-term

training leading to skills acquisition,

long-term employment and increased

earnings.

(2)—Service Environment

This section should describe the

applicant’s current programmatic ties
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices 6275

within the proposed service area to

appropriate State and local agencies,

private nonprofit organizations, and

other groups—particularly JTPA Service

Delivery Area grant recipients, JTPA

Title II sub-State area grantees, the

Offices of Migrant Education and

Migrant Health, and Farmworker

Housing Programs—providing resources

and services to farmworkers such as

basic education, health and child care.

Elements to be included are:

(a) A description of existing linkages

to agencies, organizations and

institutions within the service area that

will result in the coordinated delivery of

services to the disadvantaged

farmworker population. Further, the

applicant should detail any partnerships

developed within the service delivery

area and delineate the nature of these

agreements noting the various assets

brought by each party which in turn

will tend to better serve the farmworker

target population.

(Note: Letters of commitment documenting

appropriate programmatic ties should be

attached to the application.);

(b) A description of the proposed

delivery system, including a list of the

applicant’s field/regional office

locations and any other delivery agents,

and the services to be provided by each;

(c) A labor market assessment of the

State or sub-State areas to be served,

with projections for current

employment needs, projected skill

shortages based on new or changing

industry growth as well as those created

by emerging technologies, and specific

job opportunities known to the

applicant which are available in the

service area; and

(d) A discussion of the approximate

size and location of the eligible client

population which draws on information

collected by the applicant and from

other service providers identified at the

beginning of this section.

(3)—Program Experience

This section should describe the

applicant’s capability and experience in

administering employment and training

programs. Elements to be included are:

(a) The types of programs operated in

the proposed service area during the

past two years, including the contract,

grant, or agreement number, the name of

the funding agency, the amount of

funding, the period of performance and

program outcomes;

(b) The types of programs operated

outside the service area during the past

two years, including the contract, grant

or agreement number, the name of the

funding agency, the amount of funding

and the period of performance;

(c) The nature of the training,

employability development, and

supportive services activities which

were provided.

(Note: Applicants should clearly identify

those activities undertaken within the service

area.)

(d) The actual versus the planned

number of participants and their

placement into unsubsidized

employment for each program activity.

(Note: Applicants should clearly identify

those performance standards failed, met and

exceeded within the service area.)

(e) A detailed description of each

major activity and component of the

program proposed for funding under

this grant solicitation to meet the

identified needs; this description should

include a discussion of:

(1) Outreach to and recruitment of the

hard-to-serve;

(2) The process of eligibility

determination and verification;

(3) Assessment and the criteria used

for placement in training or referral to

other service providers;

(4) The role of grantee staff in the

employment and training process,

including efforts to make trainingrelated placements;

(5) The role of vendors in the

employment and training process; and

(6) Participant tracking during

training and as a follow-up after

placement;

(f) An analysis of the extent to which

the proposed employment and training

program, including linkages and

delivery system, is consistent with the

labor market assessment in Section II of

this notice.

(4)—Administration and Staff

This section should describe the

applicant’s organizational and staffing

plans. Elements to be included are:

(a) Total number of people presently

involved in the administration of the

organization and the number of people

who will be directly involved in the

administration and delivery of the

proposed JTPA section 402 program

services, including position titles and

the number of persons in each position;

abstracts of position descriptions of

managerial and decision-making

positions should be attached;

(b) A description of the management

and administration plan including:

(1) Organizational structure;

(2) Personnel management

procedures, including but not limited

to, capacity building, in-service training

and planning;

(3) Fiscal accounting system,

including a plan for maintaining cash

on hand in an amount which comports

with acceptable government

requirements; the allowance payment

system, if applicable; fiscal reporting

procedures; the process employed to

insure the proper expenditure of Federal

funds; and the process employed to

reduce to a minimum carryover of

program funds from one Program Year

to the next;

(4) Internal monitoring system (for

applicants applying for multiple-State

or sub-State areas, this includes a plan

for monitoring each proposed service

area);

(5) Provisions for hiring members of

the client population; and

(6) In the case of multiple-State or

sub-State applicants, a management

plan which delineates the process and

manner in which the applicant will

provide oversight, technical support,

management, fiscal procedures and

communications over several distinct

service areas. This section should

demonstrate how these activities will be

accomplished in an efficient manner

and result in reduction of costs to the

Federal Government; and

(7) A statement describing the

applicant’s experience with audits,

including the results of recent audits.

E. Submission of Funding Application

Three copies of the funding

applications shall be submitted either

by mail or hand-delivery. As noted

earlier in this announcement, mailings

shall be mailed by registered or certified

mail, return receipt requested, no later

than April 14, 1997. All hand-delivered

applications will be accepted daily

between the hours of 8:15 a.m. and 4:45

p.m., Eastern Time. A receipt will be

provided bearing the time and date of

delivery. No hand-deliveries will be

accepted after 4:45 p.m., Eastern Time,

on April 14, 1997. No exceptions to

these mailing and hand-delivery

conditions will be granted. Applications

not meeting these conditions will not be

accepted.

Funding applications shall be mailed

or hand-delivered to: James DeLuca,

Grant Officer, ETA, 200 Constitution

Avenue, NW., room C–4305,

Washington, DC 20210.

F. Notification of Selection

(a) Respondents to this SGA which

are selected as potential grantees will

notified by DOL in writing. The

notification will invite each potential

grantee to negotiate the final terms and

conditions of the grant; will establish a

reasonable time and place for the

negotiation; and will indicate the State

or sub-State area to be covered by the

grant. Grants will be awarded for the

performance period July 1, 1997 to June
6276 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices

30, 1998. Applicants selected will not

have to recompete for funding for PY

1998 (July 1, 1998 to June 30, 1999) if

the grant recipient has met all

applicable regulatory requirements, has

performed satisfactorily under the terms

of its existing grant for PY 1997, submits

an acceptable training plan or PY 1998,

and funds are available.

(b) In the event that no grant

applications will received for a specific

State or sub-State area or those received

are deemed to be unacceptable, or

where a grant agreement is not

successfully negotiated, DOL may give

the Governor first right to submit an

acceptable application pursuant to the

precondition for Grant Application and

Responsibility Review tests at 20 CFR

633.201 and 633.204, respectively.

Should the Governor not accept the

offer within 15 days after being notified,

the Department may then: (1) designate

another organization or organizations,

(2) reopen the area for competitive

bidding, or (3) use the allocated funds

for national account activities.

(c) An applicant whose grant

application is not selected by DOL to

receive JTPA section 402 funds will be

notified in writing.

(d) Any applicant whose grant

application is denied in whole or part

by DOL will be advised of its appeal

rights.

Signed at Washington, DC, this 4th day of

February, 1997.

James DeLuca,

Grant Officer, Division of Acquisition and

Assistance.

[FR Doc. 97–3347 Filed 2–10–97; 8:45 am]

BILLING CODE 4510–30–M

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–327 AND 50–328]

Sequoyah Nuclear Plant, Units 1 and 2;

Notice of Consideration of Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of amendments to

Facility Operating License No. DPR–77

and DPR–79 issued to the Tennessee

Valley Authority (the licensee) for

operation of the Sequoyah Nuclear

Plant, Units 1 and 2, located in Soddy

Daisy, Tennessee.

The proposed amendments would

permanently incorporate requirements

associated with steam generator tube

inspections and repair in the Sequoyah

Nuclear Plant, Units 1 and 2 Technical

Specifications (TS). The new

requirements establish alternate steam

generator tube plugging criteria (APC) at

the tube support plate intersections.

These revised criteria, based on NRC

Generic Letter 95–05, were incorporated

into the TS by previous amendments to

the operating licenses but only for

Operating Cycle 8. The proposed

amendments would remove the

reference to Cycle 8, thereby making the

requirements applicable to all future

operating cycles.

Before issuance of the proposed

license amendment, the Commission

will have made findings required by the

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

The Commission has made a

proposed determination that the

amendment request involves no

significant hazards consideration. Under

the Commission’s regulations in 10 CFR

50.92, 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. 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:

TVA has evaluated the proposed technical

specification (TS) change and has determined

that it does not represent a significant

hazards consideration based on criteria

established in 10 CFR 50.92(c). Operation of

Sequoyah Nuclear Plant (SQN) in accordance

with the proposed amendment will not:

1. Involve a significant increase in the

probability or consequences of an accident

previously evaluated.

The proposed TS change revises the SQN

steam generator (S/G) Specification 3/4.4.5 to

remove footnotes that limit the application of

the alternate plugging criteria (APC) to Cycle

8 operation only. In addition, SQN TS

3.4.6.2, ‘‘Operational Leakage,’’ contains a

similar footnote that limits application of S/

G APC to Cycle 8 operation only. The

removal of these footnotes allows TVA to

apply APC to SQN S/Gs beyond Cycle 8

operation. TVA’s proposed change is based

on resolution of the industry issues

concerning [eddy current test] probe wear

and probe variability. APC was applied to the

SQN S/Gs during the Cycle 7 refueling

outages for Units 1 and 2.

The proposed changes provide TS

requirements that are consistent with the

guidance of NRC GL [Generic Letter] 95–05.

This change does not involve a physical

modification to the plant or affect any

setpoints. Accordingly, the proposed changes

do not involve an increase in the probability

or consequences of an accident previously

evaluated.

2. Create the possibility of a new or

different kind of accident from any

previously analyzed.

The proposed changes provide TS

requirements for SQN S/Gs that are

consistent with the guidance provided in GL

95–05. No new event initiator has been

created, nor has any hardware been changed.

This change does not involve a physical

change to SQN S/Gs or any other system.

Therefore, the proposed change will not

create the possibility of a new or different

kind of accident from any previously

analyzed.

3. Involve a significant reduction in a

margin of safety.

TVA’s proposed change allows application

of APC for SQN S/Gs to extend beyond Cycle

8 of operation. This change continues to

provide requirements that maintain

structural integrity of SQN S/G tubes during

normal operating, transient, and postulated

accident conditions. This change does not

involve a setpoint change or physical

modification to the plant. Accordingly, the

margin of safety has not been reduced.

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.

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

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 30-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

30-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received. Should

the Commission take this action, it will

publish in the Federal Register a notice

of issuance and provide for opportunity

for a hearing after issuance. The

Commission expects that the need to

take this action will occur very

infrequently.

Written comments may be submitted

by mail to the Chief, Rules Review and

Directives Branch, Division of Freedom

of Information and Publications