Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73641 

26See footnote 10. 

hyperbaric intervention (Q 17); possible 

contributing factors (Q 17); the number of 

prior interventions completed by the injured 

or ill CAW (Q 17); the number of prior 

interventions completed by the injured or ill 

CAW at this working pressure (Q 17); contact 

information for the treating healthcare 

provider (Q 17); and date and time of last 

hyperbaric exposure for this CAW. 

In addition to completing the OSHA 

301 Incident Report form and OSHA 

300 Log of Work Related Injuries and 

Illnesses, Traylor JV would have to 

maintain records of: 

1. The date, times (e.g., began 

compression, time spent compressing, 

time performing intervention, time 

spent decompressing), and pressure for 

each hyperbaric intervention. 

2. The name of each individual 

worker exposed to hyperbaric pressure 

and the decompression protocols and 

results for each worker. 

3. The total number of interventions 

and the amount of hyperbaric work time 

at each pressure. 

4. The results of the post-intervention 

physical assessment of each CAW for 

signs and symptoms of decompression 

illness, barotrauma, nitrogen narcosis, 

oxygen toxicity or other health effects 

associated with work in compressed air 

for each hyperbaric intervention. 

K. Notifications 

1. To assist OSHA in administering 

the conditions specified herein, Traylor 

JV would have to: 

(a) Notify the OTPCA and the 

Baltimore/Washington DC Area Office 

of any recordable injury, illness, or 

fatality (by submitting the completed 

OSHA 301 Incident Report form 26) 

resulting from exposure of an employee 

to hyperbaric conditions including 

those that do not require recompression 

treatment (e.g., nitrogen narcosis, 

oxygen toxicity, barotrauma), but still 

meet the recordable injury or illness 

criteria of 29 CFR 1904. The notification 

would have to be made within 8 hours 

of the incident or 8 hours after 

becoming aware of a recordable injury, 

illness, or fatality, and submit a copy of 

the incident investigation (OSHA form 

301) within 24 hours of the incident or 

24 hours after becoming aware of a 

recordable injury, illness, or fatality. In 

addition to the information required by 

the OSHA form 301, the incidentinvestigation report would have to 

include a root-cause determination, and 

the preventive and corrective actions 

identified and implemented. 

(b) Provide certification within 15 

working days of the incident that 

Traylor JV informed affected workers of 

the incident and the results of the 

incident investigation (including the 

root-cause determination and preventive 

and corrective actions identified and 

implemented). 

(c) Notify the OTPCA and the 

Baltimore/Washington DC Area Office 

within 15 working days and in writing, 

of any change in the compressed-air 

operations that affects Traylor JV’s 

ability to comply with the proposed 

conditions specified herein. 

(d) Upon completion of the Blue 

Plains tunnel project, evaluate the 

effectiveness of the decompression 

tables used throughout the project, and 

provide a written report of this 

evaluation to the OTPCA and the 

Baltimore/Washington DC Area Office. 

Note: The evaluation report would have to 

contain summaries of: (1) The number, dates, 

durations, and pressures of the hyperbaric 

interventions completed; (2) decompression 

protocols implemented (including 

composition of gas mixtures (air and/or 

oxygen), and the results achieved; (3) the 

total number of interventions and the number 

of hyperbaric incidents (decompression 

illnesses and/or health effects associated 

with hyperbaric interventions as recorded on 

OSHA 301 and 300 forms, and relevant 

medical diagnoses and treating physicians’ 

opinions); and (4) root causes of any 

hyperbaric incidents, and preventive and 

corrective actions identified and 

implemented. 

(e) To assist OSHA in administering 

the proposed conditions specified 

herein, inform the OTPCA and the 

Baltimore/Washington DC Area Office 

as soon as possible after it has 

knowledge that it will: 

(i) Cease to do business; 

(ii) Change the location and address of 

the main office for managing the 

tunneling operations specified herein; 

or 

(iii) Transfer the operations specified 

herein to a successor company. 

(f) Notify all affected employees of 

this proposed permanent variance by 

the same means required to inform them 

of its application for a variance. 

2. OSHA would have to approve the 

transfer of the proposed permanent 

variance to a successor company. 

VI. Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, 200 

Constitution Avenue NW., Washington, 

DC 20210, authorized the preparation of 

this notice. Accordingly, the Agency is 

issuing this notice pursuant to Section 

29 U.S.C. 655(6)(d), Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912, Jan. 25, 

2012), and 29 CFR 1905.11. 

Signed at Washington, DC, on December 5, 

2014. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2014–28994 Filed 12–10–14; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–024; NRC–2008–0233] 

Entergy Operations, Inc.; Combined 

License Application for Grand Gulf, 

Unit 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a July 18, 

2014, request from Entergy Operations, 

Inc. (EOI), which requested an 

exemption from addressing 

enhancements to the Emergency 

Preparedness (EP) rules in their 

Combined License (COL) application. 

The NRC staff reviewed this request and 

determined that it is appropriate to 

grant the exemption but stipulated that 

the revised application must be 

submitted the earlier of either the NRC’s 

resumption of EOI’s application review 

or by December 31, 2015. 

DATES: December 11, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0233 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this action by the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2008–0233. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

mstockstill on DSK4VPTVN1PROD with NOTICES

73642 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

the document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Lynnea Wilkins, Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–1377; email: Lynnea.Wilkins@

nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

following sections include the text of 

the exemption in its entirety as issued 

to EOI. 

1.0 Background 

On February 27, 2008, EOI submitted 

to the NRC a COL application for one 

Economic Simplified Boiling-Water 

Reactor to be constructed and operated 

at the Grand Gulf Nuclear Station 

(GGNS) site in Claiborne County, 

Mississippi. On April 17, 2008, the NRC 

accepted for docketing the Grand Gulf 

Nuclear Station, Unit 3 (GGNS3) COL 

application (ADAMS Accession No. 

ML081050460, Docket No. 52–024). On 

January 9, 2009, EOI requested that the 

NRC temporarily suspend review of the 

application and the NRC granted EOI’s 

request (ADAMS Accession No. 

ML090080523) while the application 

remained docketed. On September 30, 

2013 (ADAMS Accession No. 

ML13275A065), EOI requested an 

exemption from the requirements of 10 

CFR part 50, Appendix E, Section I.5, as 

referenced by Title 10 of the Code of 

Federal Regulations (10 CFR) 

52.79(a)(21), to submit an update by 

December 31, 2014. The exemption was 

granted by the NRC on December 4, 

2013 (ADAMS Accession Nos. 

ML13295A461 and ML13295A464). On 

July 18, 2014 (ADAMS Accession No. 

ML14202A338), EOI requested another 

exemption from the requirements of 10 

CFR part 50, Appendix E, Section I.5. 

2.0 Request/Action 

Part 50, Appendix E, Section I.5 

requires that an applicant for a COL 

under Subpart C of 10 CFR part 52 

whose application was docketed prior to 

December 23, 2011, must revise their 

COL application to comply with the EP 

rules published in the Federal Register 

(76 FR 72560) on November 23, 2011. 

Part 50, Appendix E, Section I.5 gives 

those COL applicants close to receiving 

their COL the option to defer addressing 

the changes to the EP rules; however, a 

license amendment request must be 

submitted no later than December 31, 

2013. An applicant that does not receive 

a COL before December 31, 2013, shall 

revise its COL application to comply 

with these EP rule changes no later than 

December 31, 2013. Because EOI will 

not hold a COL prior to December 31, 

2013, it is therefore, required to revise 

its application to be compliant with the 

new EP rules by December 31, 2013. By 

letter dated January 9, 2009, EOI 

requested that the NRC suspend review 

of the GGNS3 COL application. The 

NRC granted EOI’s request for 

suspension of all review activities while 

the application remained docketed 

(ADAMS Accession No. ML090080523). 

On September 30, 2013, EOI requested 

an exemption from the requirements of 

10 CFR part 50, Appendix E, Section I.5, 

to submit an update by December 31, 

2014, to the COL application. The 

exemption was granted by the NRC on 

December 4, 2013 and is set to expire on 

December 31, 2014. In a letter dated, 

July 18, 2014, EOI requested an 

exemption from the requirements of 10 

CFR part 50, Appendix E, Section I.5 the 

earlier of either the time that EOI 

requests reactivation of the GGNS3 COL 

application review or on December 31, 

2015. With either the reactivation 

request or on December 31, 2015 EOI 

commits to submit an upgrade of the 

GGNS3 COL application addressing the 

enhancements to Emergency 

Preparedness Regulations. 

EOI requested an exemption from the 

requirements of 10 CFR part 50, 

Appendix E, Section I.5 to December 31, 

2015 or coincident with resuming the 

review of the RBS3 COL application, 

whichever occurs first. The exemption 

would allow EOI to comply with the 

new EP rule at a later date, but still in 

advance of NRC’s reinstating its review 

of the application and in any event, by 

December 31, 2015. The current 

schedule to comply with the new EP 

rule by December 31, 2013, could not be 

changed, absent the exemption. 

3.0 Discussion 

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, 

including 10 CFR part 50, Appendix E, 

Section I.5, when: (1) the exemption(s) 

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) special 

circumstances are present. As relevant 

to the requested exemption, special 

circumstances exist if: ‘‘application of 

the regulation in the particular 

circumstances would not serve the 

underlying purpose of the rule or is not 

necessary to achieve the underlying 

purpose of the rule’’ (10 CFR 

50.12(a)(2)(ii)). 

The purpose of 10 CFR part 50 

Appendix E, Section I.5 was to ensure 

that applicants and new COL holders 

updated their COL application or 

Combined License to allow the NRC to 

review them efficiently and effectively, 

and to bring the applicants or licensees 

into compliance prior to COL approval 

and receipt of license, or operate the 

facility. The target of Section I.5 of the 

rule was those applications that were in 

the process of being actively reviewed 

by the NRC staff when the rule came 

into effect on November 23, 2011. 

Because EOI requested the NRC to 

suspend its review of the GGNS3 COL 

application, compelling EOI to revise its 

COL application in order to meet the 

December 31, 2013, compliance 

deadline would only bring on 

unnecessary burden and hardship for 

the applicant to meet the compliance 

date. As long as it is recognized that the 

COL application must be updated to 

comply with the enhancements to the 

EP rules, prior to the NRC approving 

EOI’s COL application, it makes no 

difference if EOI revises the COL 

application now, the earlier of EOI’s 

request to restart the review or 

December 31, 2015. For this reason the 

application of Appendix E, Section I.5 

can be deemed unnecessary and, 

therefore, special circumstances are 

present. 

Authorized by Law 

The exemption is a schedule 

exemption from the requirements of 10 

CFR part 50, Appendix E, Section I.5. 

The exemption would allow EOI to 

revise its COL application and comply 

with the new EP rules, at the earlier of 

a request for a restart of the 

application’s review or December 31, 

2015, in lieu of December 31, 2013 the 

date required by 10 CFR part 50, 

Appendix E, Section I.5. As stated 

above, 10 CFR 50.12 allows the NRC to 

grant exemptions from the requirements 

of 10 CFR part 50 . The NRC staff has 

determined that granting EOI the 

requested exemption from the 

requirements of 10 CFR part 50, 

Appendix E, Section I.5 will be only 

temporary, and will not result in a 

violation of the Atomic Energy Act of 

1954, as amended, or NRC’s regulations. 

Therefore, the exemption is authorized 

by law. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73643 

No Undue Risk to Public Health and 

Safety 

The underlying purpose of the 

enhancements to Emergency 

Preparedness found in 10 CFR part 50, 

Appendix E is to amend certain EP 

requirements which are aimed at 

enhancing protective measures in the 

event of a radiological emergency; 

address, in part, enhancements 

identified after the terrorist events of 

September 11, 2001; clarify regulations 

to effect consistent Emergency Plan 

implementation among licensees; and 

modify certain requirements to be more 

effective and efficient. Since plant 

construction cannot proceed until the 

NRC review of the application is 

completed, a mandatory hearing is 

completed, and a license is issued, the 

exemption does not increase the 

probability of postulated accidents. 

Additionally, based on the nature of the 

requested exemption as described 

above, no new accident precursors are 

created by the exemption; thus, neither 

the probability, nor the consequences of 

postulated accidents are increased. 

Therefore, there is no undue risk to 

public health and safety. 

Consistent With Common Defense and 

Security 

The requested exemption would 

allow EOI to submit the revised COL 

application the earlier of a requested 

restart of the NRC COL application 

review or on December 31, 2015. This 

schedule change has no relation to 

security issues. Therefore, the common 

defense and security is not impacted. 

Special Circumstances 

Special circumstances, in accordance 

with 10 CFR 50.12(a)(2)(ii), are present 

whenever ‘‘application of the regulation 

in the particular circumstances would 

not serve the underlying purpose of the 

rule or is not necessary to achieve the 

underlying purpose of the rule’’ (10 CFR 

50.12(a)(2)(ii)). The underlying purpose 

of 10 CFR part 50, Appendix E, Section 

I.5 is to ensure that applicants are in 

compliance with the new EP rules in a 

time that allows the NRC to effectively 

review their revised COL application 

prior to issuance of the license. Because 

the requirement to comply with the new 

EP rules was intended for active reviews 

and the GGNS3 COL application review 

is now suspended, the application of 

this regulation in this particular 

circumstance is unnecessary in order to 

achieve its underlying purpose. If the 

NRC were to grant this exemption EOI 

would then be required to comply by 

the earlier of a restart of the review or 

December 31, 2015 and the purpose of 

the rule would still be achieved. 

Therefore, the special circumstances 

required by 10 CFR 50.12(a)(2)(ii) for the 

granting of an exemption from 10 CFR 

part 50, Appendix E, Section I.5 exist. 

Eligibility for Categorical Exclusion 

From Environmental Review 

With respect to the exemption’s 

impact on the quality of the human 

environment, the NRC has determined 

that this specific exemption request is 

eligible for categorical exclusion as 

identified in 10 CFR 51.22(c)(25) and 

justified by the NRC staff as discussed 

below. 

10 CFR 51.22(c)(25)(i): The criteria for 

determining whether there is no 

significant hazards consideration are 

found in 10 CFR 50.92(c)(1)-(3). The 

proposed action involves only a 

schedule change regarding the 

submission of an update to the 

application for which the licensing 

review has been suspended. There are 

no significant hazards considerations 

because granting the proposed 

exemption would not involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated, create the possibility of a 

new or different kind of accident from 

any accident previously evaluated, or 

involve a significant reduction in a 

margin of safety. 

10 CFR 51.22(c)(25)(ii): The proposed 

action involves only a schedule change 

which is administrative in nature, and 

does not involve any changes to be 

made in the types or significant increase 

in the amounts of effluents that may be 

released offsite. 

10 CFR 51.22(c)(25)(iii): Since the 

proposed action involves only a 

schedule change which is 

administrative in nature, it does not 

contribute to any significant increase in 

occupational or public radiation 

exposure. 

10 CFR 51.22(c)(25)(iv): The proposed 

action involves only a schedule change 

which is administrative in nature; the 

COL application review is suspended 

until further notice, and there is no 

consideration of any construction at this 

time, and hence the proposed action 

does not involve any construction 

impact. 

10 CFR 51.22(c)(25)(v): The proposed 

action involves only a schedule change 

which is administrative in nature, and 

does not impact the probability or 

consequences of radiological accidents. 

10 CFR 51.22(c)(25)(vi)(B) and (G): 

The exemption request involves 

submitting an updated COL application 

by EOI and relates to the schedule for 

submitting a COL application update to 

the NRC. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12(a)(1) and (2), the 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. Also 

special circumstances are present. 

Therefore, the Commission hereby 

grants EOI the exemption from the 

requirements of 10 CFR 50, Appendix E, 

Section I.5 pertaining to the Grand Gulf 

Unit 3 COL application to allow 

submittal of the revised COL application 

that complies with the new EP rules the 

earlier of any request to the NRC to 

resume the review or by December 31, 

2015. 

Pursuant to 10 CFR 51.22, the 

Commission has determined that the 

exemption request meets the applicable 

categorical exclusion criteria set forth in 

10 CFR 51.22(c)(25), and the granting of 

this exemption will not have a 

significant effect on the quality of the 

human environment. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 3rd day 

of December 2014. 

For the Nuclear Regulatory Commission. 

Ronaldo Jenkins, 

Branch Chief, Licensing Branch 3, Division 

of New Reactor Licensing, Office of New 

Reactors. 

[FR Doc. 2014–28999 Filed 12–10–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–036; NRC–2008–0616] 

Entergy Operations, Inc. Combined 

License Application for River Bend 

Unit 3 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a July 18, 

2014, request from Entergy Operations, 

Inc. (EOI) which requested an 

exemption from Final Safety Analysis 

Report (FSAR) updates included in their 

Combined License (COL) application. 

The NRC staff reviewed this request and 

determined that it is appropriate to 

grant the exemption with the stipulation 

that the updates to the FSAR must be 

submitted the earlier of the resumption 

of the COL application review or 

December 31, 2015. 

DATES: December 11, 2014. 

mstockstill on DSK4VPTVN1PROD with NOTICES