Mark Edward Leyse; Receipt of Petition for Rulemaking, 3876-3877 [2010-1317]

Download as PDF 3876 Proposed Rules Federal Register Vol. 75, No. 15 Monday, January 25, 2010 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. 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. 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 jlentini on DSKJ8SOYB1PROD with PROPOSALS SUMMARY: VerDate Nov<24>2008 16:23 Jan 22, 2010 Jkt 220001 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 https://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 https:// 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 https://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 E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules jlentini on DSKJ8SOYB1PROD with PROPOSALS 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 VerDate Nov<24>2008 16:23 Jan 22, 2010 Jkt 220001 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 https://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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 3877 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 https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// 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. E:\FR\FM\25JAP1.SGM 25JAP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Proposed Rules]
[Pages 3876-3877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1317]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 3876]]



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 multi-rod (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 https://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 
https://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 https://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 [deg]F, and that the 
Baker-Just and Cathcart-Pawel equations are also non-conservative for 
calculating the metal-water 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 non-conservative. 
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

[[Page 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 Baker-Just 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 best-estimate 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 [deg]F if, 
at the onset of reflood, the cladding temperature was 1200 [deg]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

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