65FR38182 Elimination of the Requirement for Noncombustible Fire Barrier Penetration Seal Materials and Other Minor Changes, Part 2/2
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Posting-number: Volume 65, Issue 119, Page 38182, Part 1
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Nuclear power plant licensees do not fall within the definition of
small businesses as defined in Sect. 3 of the Small Business Act (15
U.S.C. 632) or the Commission's size standards at 10 CFR 2.810 (60 FR
18344; April 11, 1995).
XI. Backfit Analysis
The NRC has determined that these amendments do not involve any
provisions that impose backfits because it does not meet the definition
of backfit contained in Sec. 50.109(a)(1) for the following reasons.
The removal of the requirement that fire barrier penetration seals be
noncombustible is a permissive relaxation of an existing requirement
and does not constitute imposition of a new requirement. The removal of
footnotes 3 and 4 from Sec. 50.48 and of footnote 1 from Section I of
Appendix R does not affect the licensing basis for existing plants,
does not constitute a change in design requirements for existing
plants, and is not applicable to future plants. The schedular
requirements contained in paragraphs (c) and (d) of Sec. 50.48 apply to
plants licensed before February 17, 1981, and have been implemented at
these plants. The requirements contained in paragraph (e) of Sec. 50.48
apply to existing plants and have been implemented at all applicable
plants. Therefore, the removal of paragraphs (c), (d), and (e) from
Sec. 50.48 does not affect the licensing basis and does not constitute
a change in design or optional requirements for these plants. The
correction of a grammatical error in footnote 2 to Section III.G.3 of
Appendix R and the changes in the language of Sec. 50.48 in accordance
with the Presidential memorandum entitled ``Plain Language in
Government Writing,'' are administrative changes that do not change any
requirement and need not be considered in this backfit determination.
For the reasons stated above, a backfit analysis has not been prepared
for this rulemaking.
XII. Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
prevention, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
For the reasons given in the preamble and under the authority for
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR Part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for Part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 444, as amended, (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Section 50.23, 50.35, 50.55, and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,
50.55a, and Appendix Q also issued under sec. 102, Pub. L. 91-190,
83 Stat. 853 (42 U.S.Q. 4332). Sections 50.34 and 50.54 also issued
under sec. 204, 88 Stat. 1245 (42 U.S.Q. 5844). Sections 50.58,
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42
U.S.Q. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939
(42 U.S.Q. 2152). Sections 50.80-50.81 also issued under sec. 184,
68 Stat. 954, as amended (42 U.S.Q. 2234). Appendix F also issued
under sec. 187, 68 Stat. 954 (42 U.S.Q. 2237).
2. Section 50.48 is revised to read as follows:
Sec. 50.48 Fire protection.
(a)(1) Each operating nuclear power plant must have a fire
protection plan that satisfies Criterion 3 of appendix A to this part.
This fire protection plan must:
(i) Describe the overall fire protection program for the facility;
(ii) Identify the various positions within the licensee's
organization that are responsible for the program;
(iii) State the authorities that are delegated to each of these
positions to implement those responsibilities; and
(iv) Outline the plans for fire protection, fire detection and
suppression capability, and limitation of fire damage.
(2) The plan must also describe specific features necessary to
implement the program described in paragraph (a)(1) of this section
such as--
(i) Administrative controls and personnel requirements for fire
prevention and manual fire suppression activities;
(ii) Automatic and manually operated fire detection and suppression
systems; and
(iii) The means to limit fire damage to structures, systems, or
components important to safety so that the capability to shut down the
plant safely is ensured.
(3) The licensee shall retain the fire protection plan and each
change to the plan as a record until the Commission terminates the
reactor license. The licensee shall retain each superseded revision of
the procedures for 3 years from the date it was superseded.
(b) Appendix R to this part establishes fire protection features
required to satisfy Criterion 3 of appendix A to this part with respect
to certain generic issues for nuclear power plants licensed to operate
before January 1, 1979.
(1) Except for the requirements of Sections III.G, III.J, and
III.O, the provisions of Appendix R to this part do not apply to
nuclear power plants licensed to operate before January 1, 1979, to the
extent that--
(i) Fire protection features proposed or implemented by the
licensee have been accepted by the NRC staff as satisfying the
provisions of Appendix A to Branch Technical Position (BTP) APCSB 9.5-1
reflected in NRC fire protection safety evaluation reports issued
before the effective date of February 19, 1981; or
(ii) Fire protection features were accepted by the NRC staff in
comprehensive fire protection safety evaluation reports issued before
Appendix A to Branch Technical Position (BTP) APCSB 9.5-1 was published
in August 1976.
(2) With respect to all other fire protection features covered by
Appendix R, all nuclear power plants licensed to operate before January
1, 1979, must satisfy the applicable requirements of Appendix R to this
part, including specifically the requirements of Sections III.G, III.J,
and III.O.
(c) [Reserved].
(d) [Reserved].
(e) [Reserved].
(f) Licensees that have submitted the certifications required under
Sec. 50.82(a)(1) shall maintain a fire protection program to address
the potential for fires that could cause the release or spread of
radioactive materials (i.e., that could result in a radiological
hazard).
(1) The objectives of the fire protection program are to--
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(i) Reasonably prevent these fires from occurring;
(ii) Rapidly detect, control, and extinguish those fires that do
occur and that could result in a radiological hazard; and
(iii) Ensure that the risk of fire-induced radiological hazards to
the public, environment and plant personnel is minimized.
(2) The licensee shall assess the fire protection program on a
regular basis. The licensee shall revise the plan as appropriate
throughout the various stages of facility decommissioning.
(3) The licensee may make changes to the fire protection program
without NRC approval if these changes do not reduce the effectiveness
of fire protection for facilities, systems, and equipment that could
result in a radiological hazard, taking into account the
decommissioning plant conditions and activities.
3. In Appendix R, Section I, footnote 1 is removed and footnotes 2
through 5 are redesignated as footnotes 1 through 4, respectively. New
footnote 1 to Section III.G.3, and Section III.M are revised to read as
follows:
Appendix R to Part 50--Fire Protection Program for Nuclear Power
Facilities Operating Before January 1, 1979
* * * * *
III. Specific Requirements * * *
G. * * *
3. Alternative of dedicated shutdown capability and its
associated circuits,\1\ independent of cables, systems or components
in the area, room, zone under consideration should be provided: * *
*
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\1\ Alternative shutdown capability is provided by rerouting,
relocating, or modifying existing systems; dedicated shutdown
capability is provided by installing new structures and systems for
the function of post-fire shutdown.
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* * * * *
M. Fire barrier cable penetration seal qualification.
Penetration seal designs must be qualified by tests that are
comparable to tests used to rate fire barriers. The acceptance
criteria for the test must include the following:
1. The cable fire barrier penetration seal has withstood the
fire endurance test without passage of flame or ignition of cables
on the unexposed side for a period of time equivalent to the fire
resistance rating required of the barrier;
2. The temperature levels recorded for the unexposed side are
analyzed and demonstrate that the maximum temperature is
sufficiently below the cable insulation ignition temperature; and
3. The fire barrier penetration seal remains intact and does not
allow projection of water beyond the unexposed surface during the
hose stream test.
* * * * *
Dated at Rockville, Maryland, this 14th day of June, 2000.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 00-15544 Filed 6-19-00; 8:45 am]
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