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

65249 

Vol. 75, No. 204 

Friday, October 22, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[Docket No. PRM–26–5; NRC–2010–0304] 

Anthony R. Pietrangelo on Behalf of 

the Nuclear Energy Institute; 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 

September 3, 2010, which was filed 

with the NRC by Anthony R. Pietrangelo 

on behalf of the Nuclear Energy Institute 

(NEI). The petition was docketed by the 

NRC on September 13, 2010, and has 

been assigned Docket No. PRM–26–5. 

The petitioner requests that the NRC 

amend its regulations regarding its 

fitness for duty programs to refine 

existing requirements based on 

experience gained since the regulations 

were last amended in 2008. 

DATES: Submit comments by January 5, 

2011. 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: Please include Docket ID 

NRC–2010–0304 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

‘‘Submitting Comments and Accessing 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

You may submit comments by any one 

of the following methods. 

Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0304. Address questions 

about NRC dockets to Carol Gallagher, 

telephone 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 301–415–1966. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852 between 7:30 a.m. and 4:15 p.m. 

during Federal workdays (Telephone 

301–415–1966). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Chief, Rules, 

Announcements, and Directives Branch, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Telephone: 301–492– 

3667. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.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. 

You can access publicly available 

documents related to this action using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room 

O–1 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. ML102590440), 

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, or 

301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

Federal Rulemaking Web Site: Public 

comments and supporting materials 

related to this action can be found at 

http://www.regulations.gov by searching 

on Docket ID NRC–2010–0304. 

Background 

On March 31, 2008, the NRC 

published a final rule (73 FR 16965) that 

amended its regulations governing its 

fitness for duty programs at 10 CFR Part 

26 (Fitness for Duty rule). The rule was 

corrected in an amendment dated 

August 3, 2009 (74 FR 38326). The 

requirements of the rule became 

effective on April 30, 2008, with the 

implementation of Subpart A deferred 

until March 31, 2009. Licensees and 

other applicable entities were required 

to implement the requirements of 

Subpart I of 10 CFR Part 26 no later than 

October 1, 2009. 

Anthony R. Pietrangelo, on behalf of 

NEI (petitioner), submitted a petition for 

rulemaking dated September 3, 2010, 

and requests that the NRC revise its 

regulations as they relate to the fitness 

for duty programs. Specifically, the 

petitioner requests that the NRC amend 

Subparts A and I of 10 CFR Part 26. The 

petitioner states that initial experience, 

including survey data across the 

industry, indicates that implementation 

of the Fitness for Duty rule has resulted 

in unintentional consequences that have 

diminished the safety benefits of the 

rule. 

The NRC has determined that the 

petition meets the threshold sufficiency 

requirements for a petition for 

rulemaking under 10 CFR 2.802, and the 

petition has been docketed as PRM–26– 

5. The NRC is requesting public 

comment on the petition for rulemaking. 

Discussion of the Petition 

The petitioner believes that the 

greatest contributor to the unintended 


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65250 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules 

consequences of the Fitness for Duty 

rule lies within the prescriptive 

requirements for minimum days off 

(MDO) that appear in 10 CFR 

26.205(d)(3), (d)(4), (d)(5), and (d)(6). 

The petitioner states that the current 

requirements have created an undue 

level of complexity and inflexibility in 

managing worker fatigue, and requests 

that the NRC replace its MDO 

requirements at 10 CFR 26.205(d) with 

a performance-based objective. The 

petitioner proposes eliminating the 

MDO requirements addressed in 10 CFR 

26.205(d)(3) through (d)(6). 

The petitioner also proposes 

performing the actual hours worked 

assessment required by 10 CFR 

26.205(e) on a more frequent quarterly 

basis as opposed to annually, and to 

perform the averaging over the previous 

quarter as opposed to over a shift cycle. 

The petitioner proposes that 10 CFR 

26.205(e)(1)(i) be amended to establish a 

performance objective of an average of 

54 hours per week (when not in a site 

outage, security outage, or increased 

threat condition), and any hours 

exceeding this objective would continue 

to be entered into a corrective action 

program. 

Other changes that the petitioner 

proposes include: 

• The elimination of the definitions 

of shift cycle, and 8-, 10-, and 12-hour 

shift schedules; 

• The elimination of the outage 

duration of 60 days; 

• The elimination of the force-onforce tactical exercise exception at 10 

CFR 26.207(b); 

• The elimination of the word 

‘‘unscheduled’’ in the discussion of 

incidental duties at 10 CFR 26.205(b)(5); 

• The addition of a new exception at 

10 CFR 26.207(e) to address the 

suspension of work hours due to acts of 

nature or disasters that restrict access to 

the site by relief personnel; 

• The modification of the exception 

for plant emergencies in 10 CFR 

26.207(d) so that it applies as long as 

emergency facilities are activated in 

accordance with the licensee’s 

emergency plan or implementing 

procedures; and 

• The proposed change to the 

definition of ‘‘unit outage,’’ as submitted 

by the Professional Reactor Operator 

Society in a petition for rulemaking 

dated October 16, 2009 (PRM–26–3) (74 

FR 62257), and modified in a letter from 

NEI dated February 9, 2010. 

The petitioner believes that the 

implementation of the Fitness for Duty 

rule has resulted in a number of 

unintended consequences (numerous 

examples are cited in the petition) that 

have diminished the safety benefits of 

the rule. The petitioner believes that the 

petition addresses these consequences 

by proposing amendments that will 

make the requirements more 

performance-based, resulting in 

improved flexibility in work scheduling 

while maintaining adequate provisions 

to protect against worker fatigue. 

Dated at Rockville, Maryland, this 18th day 

of October 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–26715 Filed 10–21–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0936; Airspace 

Docket No. 10–AEA–23] 

Proposed Amendment of Class E 

Airspace and Revocation of Class E 

Airspace; Easton, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E surface airspace and 

airspace 700 feet above the surface, and 

remove Class E airspace designated as 

an extension to Class D airspace at 

Easton, MD. The Easton Non-Directional 

Beacon (NDB) has been 

decommissioned and new Standard 

Instrument Approach Procedures 

(SIAPs) have been developed for Easton 

Airport/Newnam Field. This action 

would enhance the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Comments must be received on 

or before December 6, 2010. 

ADDRESSES: Send comments on this rule 

to: U. S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2010– 

0936; Airspace Docket No. 10–AEA–23, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule 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 (FAA Docket No. FAA– 

2010–0936; Airspace Docket No. 10– 

AEA–23) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Comments wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–0936; Airspace 

Docket No. 10–AEA–23.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through 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/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 


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