[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29660]


[[Page Unknown]]

[Federal Register: December 2, 1994]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-309]

 

Maine Yankee Atomic Power Company (Maine Yankee Atomic Power 
Station); Exemption

I

    The Maine Yankee Atomic Power Company (the licensee) is the holder 
of Facility Operating License No. DPR-36, which authorizes operation of 
Maine Yankee Atomic Power Station (the facility). The license provides, 
among other things, that the facility is subject to all the rules, 
regulations, and orders of the U.S. Nuclear Regulatory Commission (the 
Commission) now or hereafter in effect. The facility is a pressurized 
water reactor located on the licensee's site in Lincoln County, Maine.

II

    The Code of Federal Regulations at 10 CFR part 73, appendix B, 
Section I.B.b.(1)(a), ``Vision,'' specifies in part that: For each 
individual (security officer), distant visual acuity in each eye shall 
be correctable to 20/30 (Snellen or equivalent) in the better eye and 
20/40 in the other eye with eyeglasses or contact lenses. At the time 
of their employment in 1989 and 1990, the two security officers, who 
are the subject of the licensee's exemption request dated August 5, 
1994, were screened using a licensee-generated form that was based on 
the requirements of Appendix B to 10 CFR part 73. However, the form did 
not properly reflect the correct distance visual acuity requirements of 
the ``other eye.'' On July 28, 1994, the discrepancy between the 
licensee's form and the requirements of 10 CFR part 73, Appendix B, 
Section I.B.b.(1)(a) was noted for the first officer. A review of the 
visual examination records for all security officers found a second 
instance in which the distant visual acuity requirement was not met for 
another security officer.
    The licensee's letter of August 5, 1994, requested an exemption 
from the distant visual acuity requirement of 10 CFR part 73, appendix 
B, Section I.B.b.(1)(a) for two security officers who do not meet this 
requirement in one eye.

III

    Pursuant to 10 CFR 73.5, ``Specific exemptions,'' the Commission 
may, upon application of any interested person or upon its own 
initiative, grant an exemption from the requirements of this part as it 
determines is authorized by law and will not endanger life or property 
or the common defense and security, and is otherwise in the public 
interest.
    The licensee has provided expert professional medical opinions 
asserting that each officer has normal peripheral vision, normal 
peripheral depth perception, and normal binocular acuity. Further, each 
security officer uses the right eye for firearms siting and each 
currently tests 20/20 in the right eye. Finally, the licensee has 
committed to have each security officer's vision tested by its 
optometrist every 6 months to ensure no significant visual 
deterioration occurs. The criteria to establish that no significant 
visual deterioration has occurred will be:
    1. Vision in the better eye will be at least 20/30 corrected or 
uncorrected.
    2. Vision in the other eye will be monitored. If eyesight in the 
other eye should worsen, immediate testing will be performed to 
demonstrate that the individual is physically capable of meeting all 
the requirements of the Maine Yankee Security Training and 
Qualification Plan prior to being reassigned duties of an armed 
security officer. (This testing will include the complete firearms 
qualification course.)
    3. The remaining vision criteria of 10 CFR part 73, appendix B will 
be met or exceeded.

IV

    For the foregoing reasons, Commission has determined that the 
proposed vision examination and criteria to establish that no 
significant visual deterioration has occurred, would not result in a 
reduction in the physical protection capabilities for the protection of 
special nuclear material--either on site or in transit--or of Maine 
Yankee Atomic Power Station.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
73.5, this exemption is authorized by law, will not endanger life or 
property or common defense and security, and is otherwise in the public 
interest.
    Therefore, the Commission hereby grants the following exemption: 
The requirement of 10 CFR part 73, appendix B, Section I.B.b(1)(a) that 
each individual (security officer) have distant visual acuity in each 
eye correctable to 20/30 (Snellen or equivalent) in the better eye and 
20/40 in the other eye with eyeglasses or contact lenses, is no longer 
necessary for the two subject security officers. Thus, these two 
security officers may be returned to duties of an armed security 
officer at Maine Yankee Atomic Power Station, subject to the vision 
testing commitment and criteria of Section III. above.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not result in any significant impact on 
the quality of the human environment (59 FR 56096 dated November 10, 
1994).
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 23rd day of November, 1994.

    For the Nuclear Regulatory Commission.
Steven A. Varga,
Director, Division of Reactor Projects--I/II, Office of Nuclear Reactor 
Regulation.
[FR Doc. 94-29660 Filed 12-1-94; 8:45 am]
BILLING CODE 7590-01-M