Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74775 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–036; NRC–2008–0616] 

Entergy Operations, Inc.; Combined 

License Application for River Bend 

Station 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 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 16, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0616 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access 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–2008–0616. 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 

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. 

I. Background 

The NRC accepted for docketing the 

River Bend Station Unit 3 (RBS3) COL 

application on December 4, 2008 

(ADAMS Accession No. ML083370275, 

Docket No. 52–036). 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. ML090080277) while the 

application remained docketed. On 

September 30, 2013, EOI requested an 

exemption from the requirements of Part 

50, Appendix E, Section I.5 of Title 10 

of the Code of Federal Regulations (10 

CFR), as referenced by 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. 

ML13297A247 and ML13297A248). On 

July 18, 2014 (ADAMS Accession No. 

ML14202A337), EOI requested another 

exemption from the requirements of 10 

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

II. Request/Action 

Section I.5 of 10 CFR part 50, 

Appendix E, 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 on November 23, 2011 (76 FR 

72560). Section I.5 of 10 CFR part 50, 

Appendix E, 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 

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 RBS3 COL 

application. The NRC granted EOI’s 

request for suspension of all review 

activities while the application 

remained docketed (ADAMS Accession 

No. ML090080277). On September 30, 

2013, EOI requested an exemption from 

the requirements of Section I.5 of 10 

CFR part 50, Appendix E, to submit an 

update by December 31, 2014. The 

exemption was granted by the NRC on 

December 4, 2013 (ADAMS Accession 

Nos. ML13297A247 and 

ML13297A248). The exemption is set to 

expire December 31, 2014. In a letter 

dated, July 18, 2014 (ADAMS Accession 

No. ML14202A337), 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 RBS3 COL 

application review or on December 31, 

2015. With either the reactivation or on 

December 31, 2015, EOI commits to 

submit an upgrade of the RBS3 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. 

III. 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 

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74776 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

facility. The target of Section I.5 of the 

EP rule were 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 RBS3 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. So 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 

they revise 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 on 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 the NRC’s 

regulations. Therefore, the exemption is 

authorized by law. 

No Undue Risk to Public Health and 

Safety 

The underlying purposes of the 

enhancements to Emergency 

Preparedness found in 10 CFR part 50, 

Appendix E are to amend certain EP 

requirements that 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), 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 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 RBS3 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 or 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. 

IV. 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 part 50, 

Appendix E, Section I.5 pertaining to 

the River Bend Station 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. 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74777 

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. 2014–29124 Filed 12–15–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2014–0001] 

Sunshine Act Meetings 

DATE: December 15, 22, 29, 2014; 

January 5, 12, 19, 2015. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public 

Week of December 15, 2014 

Tuesday, December 16, 2014 

8:55 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

SECY–14–0109—Fermi Combined 

License Application: Intervenors’ 

Petition for Review of LBP–14–07 

(Ruling for Applicant on Quality 

Assurance) (June 17, 2014). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov/. 

Tuesday, December 16, 2014 

9:00 a.m. Update on Research and Test 

Reactor Initiatives (Public Meeting) 

(Contact: Alexander Adams, 301–415– 

1127) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov/. 

Thursday, December 18, 2014 

9:30 a.m. Briefing on Equal 

Employment Opportunity, 

Diversity, and Small Business 

Programs (Public Meeting) 

(Contact: Larniece McKoy Moore, 

301–415–1942) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov/. 

Week of December 22, 2014—Tentative 

There are no meetings scheduled for 

the week of December 22, 2014. 

Week of December 29, 2014—Tentative 

There are no meetings scheduled for 

the week of December 29, 2014. 

Week of January 5, 2015—Tentative 

There are no meetings scheduled for 

the week of January 5, 2015. 

Week of January 12, 2015—Tentative 

There are no meetings scheduled for 

the week of January 12, 2015. 

Week of January 19, 2015—Tentative 

There are no meetings scheduled for 

the week of January 19, 2015 

* * * * * 

The schedule for Commission 

meetings is subject to change on short 

notice. For more information or to verify 

the status of meetings, contact Glenn 

Ellmers at (301) 415–0442 or via email 

at Glenn.Ellmers@nrc.gov. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/

public-meetings/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

Braille, large print), please notify 

Kimberly Meyer, NRC Disability 

Program Manager, at 301–287–0727, by 

videophone at 240–428–3217, or by 

email at Kimberly.Meyer-Chambers@

nrc.gov. Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

* * * * * 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Office of 

the Secretary, Washington, DC 20555 

(301–415–1969), or send an email to 

Patricia.Jimenez@nrc.gov or 

Brenda.Akstulewicz@nrc.gov. 

Dated: December 11, 2014. 

Glenn Ellmers, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2014–29481 Filed 12–12–14; 11:15 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Certificate of 

Medical Examination, 3206–0250 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Notice and Request for 

Comments. 

SUMMARY: The U.S. Office of Personnel 

Management (OPM) offers the general 

public and other Federal agencies the 

opportunity to comment on an 

extension without change of a currently 

approved collection, information 

collection request (ICR) 3206–0250, 

Certificate of Medical Examination. As 

required by the Paperwork Reduction 

Act of 1995, (Pub. L. 104–13, 44 U.S.C. 

chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is 

soliciting comments for this collection. 

DATES: Comments are encouraged and 

will be accepted until February 17, 

2015. This process is conducted in 

accordance with 5 CFR 1320.1. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

Employee Services, U.S. Office of 

Personnel Management, 1900 E Street 

NW., Washington, DC 20415, Attention: 

Phil Spottswood or via electronic mail 

to employ@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting Hiring Policy, 

U.S. Office of Personnel Management, 

1900 E Street NW., Washington, DC 

20415, Attention: Phil Spottswood or 

via electronic mail to employ@opm.gov. 

SUPPLEMENTARY INFORMATION: The 

Optional Form (OF) 178, Certificate of 

Medical Examination, is used to collect 

medical information about individuals 

who are incumbents of positions which 

require physical fitness/agility testing 

and/or medical examinations, or who 

have been selected for such a position 

contingent upon meeting physical 

fitness/agility testing and medical 

examinations as a condition of 

employment. This information is 

needed to ensure fair and consistent 

treatment of employees and job 

applicants, to adjudicate the medicallybased passover of a preference eligible, 

and to adjudicate claims of 

discrimination under the Americans 

with Disabilities Act (ADA). 

As required by the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35) as amended by the 

Clinger-Cohen Act (Pub. L. 104–106), 

OPM is soliciting comments for this 

collection to: 

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; 

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