This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3876 

Vol. 75, No. 15 

Monday, January 25, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–93; NRC–2009–0554] 

Mark Edward Leyse; Receipt of 

Petition for Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is publishing for 

public comment a notice of receipt of a 

petition for rulemaking, dated 

November 17, 2009, which was filed 

with the NRC by Mark Edward Leyse. 

The petition was docketed by the NRC 

on November 23, 2009, and has been 

assigned Docket No. PRM–50–93. The 

petitioner requests that the NRC amend 

its regulations regarding the domestic 

licensing of production and utilization 

facilities. Specifically, the petitioner 

requests that the NRC revise its 

regulations based on data from multirod (assembly) severe fuel damage 

experiments. The petitioner also 

requests that the NRC promulgate a 

regulation that will stipulate minimum 

allowable core reflood rates in the event 

of a loss-of-coolant accident. 

DATES: Submit comments by April 12, 

2010. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0554 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0554. Address questions 

about NRC dockets to Carol Gallagher, 

301–492–3668, e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attn: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at (301) 415–1677. 

Hand-deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 am and 4:15 pm 

Federal workdays (telephone (301) 415– 

1677). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

You can access publicly available 

documents related to this petition, 

including the incoming petition for 

rulemaking, using the following 

methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC, including the 

incoming petition for rulemaking 

(ADAMS Accession No. ML093290250) 

are available electronically at the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html. 

From this page, the public can gain 

entry into ADAMS, which provides text 

and image files of NRC’s public 

documents. If you do not have access to 

ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC’s PDR 

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

415–4737 or by e-mail to 

pdr.resource@nrc.gov. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this petition, including the 

incoming petition for rulemaking, can 

be found at http://www.regulations.gov 

by searching on Docket ID NRC–2009– 

0554. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking 

and Directives Branch, Division of 

Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Telephone: 301–492–3663 or Toll 

Free: 800–368–5642. 

SUPPLEMENTARY INFORMATION: 

Background 

Mark Edward Leyse (petitioner) 

submitted a petition for rulemaking 

dated November 17, 2009. The 

petitioner states that he is aware that 

data from multi-rod (assembly) severe 

fuel damage experiments indicates that 

the current regulations at 10 CFR Part 50 

are non-conservative in their peak 

cladding temperature limit of 2200 °F, 

and that the Baker-Just and CathcartPawel equations are also nonconservative for calculating the metalwater reaction rates that would occur in 

the event of a LOCA. As a result, the 

petitioner requests that the NRC revise 

its regulations at 10 CFR 50.46(b)(1) and 

Appendix K to 10 CFR Part 50 based on 

this data. The petitioner also requests 

that the NRC promulgate a regulation 

that will stipulate minimum allowable 

core reflood rates in the event of a 

LOCA. The NRC has determined that 

the petition meets the threshold 

sufficiency requirements for a petition 

for rulemaking under 10 CFR 2.802. The 

petition has been docketed as PRM–50– 

93. The NRC is requesting public 

comment on the petition for rulemaking. 

Discussion of the Petition 

The petitioner believes that data from 

multi-rod (assembly) severe fuel damage 

experiments indicates that the current 

peak cladding temperature limit 

contained in 10 CFR 50.46(b)(1) is nonconservative. The petitioner also 

believes that data from such 

experiments as the LOFT LP–FP–2 

experiment also indicates that the 

Baker-Just and Cathcart-Pawel equations 


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Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3877 

are both non-conservative for 

calculating the temperature at which an 

autocatalytic (runaway) oxidation 

reaction of Zircaloy would occur in the 

event of a LOCA. The petitioner states 

that these experiments demonstrate that 

the autocatalytic oxidation reaction of 

Zircaloy cladding occurs at 

temperatures far below those predicted 

by the Baker-Just and Cathcart-Pawel 

equations. The petitioner concludes that 

this, in turn, indicates that the BakerJust and Cathcart-Pawel equations are 

both non-conservative for calculating 

the metal-water reaction rates that 

would occur in the event of a LOCA. 

The petitioner requests that the NRC 

revise its regulations at 10 CFR 

50.46(b)(1) to require that the calculated 

maximum fuel element cladding 

temperature not exceed a limit based on 

data from multi-rod (assembly) severe 

fuel damage experiments. 

The petitioner also requests that the 

NRC revise Appendix K to 10 CFR Part 

50 to require that the rates of energy 

release, hydrogen generation, and 

cladding oxidation from the metal-water 

reaction considered in emergency core 

cooling system (ECCS) evaluation 

calculations be based on data from 

multi-rod (assembly) severe fuel damage 

experiments. The petitioner believes 

that these same requirements also need 

to apply to any NRC-approved bestestimate ECCS evaluation models used 

in lieu of calculations made under 

Appendix K to 10 CFR Part 50. 

Lastly, the petitioner requests that the 

NRC promulgate a regulation that will 

stipulate minimum allowable core 

reflood rates in the event of a LOCA. 

The petitioner believes that it can be 

extrapolated from experimental data 

that in the event of a LOCA, a constant 

core reflood rate of approximately one 

inch per second or lower would not, 

with high probability, prevent Zircaloy 

fuel cladding from exceeding the peak 

cladding temperature limit of 2200 °F if, 

at the onset of reflood, the cladding 

temperature was 1200 °F or higher. 

The petitioner believes that, if 

implemented, the amendments 

proposed in the petition would improve 

public and plant-worker safety. 

Therefore, the petitioner requests that 

the NRC amend its regulations regarding 

the domestic licensing of production 

and utilization facilities. 

Dated at Rockville, Maryland, this 19th day 

of January 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–1317 Filed 1–22–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0928; Airspace 

Docket No. 09–ASW–28] 

Proposed Amendment of Class E 

Airspace; Killeen, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Killeen, TX. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at the renamed 

Skylark Field Airport, Killeen, TX. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rules (IFR) operations for SIAPs 

at the airport. 

DATES: Comments must be received on 

or before March 11, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0928/Airspace Docket No. 09–ASW–28, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0928/Airspace 

Docket No. 09–ASW–28.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding additional Class 

E airspace extending upward from 700 

feet above the surface for the newly 

established SIAPs at Skylark Field 

Airport, Killeen, TX. The airport name 

would be changed from Killeen 

Municipal Airport, to Skylark Field 

Airport, in accordance with the FAAs 

National Aeronautical Charting Office. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9T, dated August 27, 2009, and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 


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