[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Proposed Rules]
[Pages 44860-44865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21396]


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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 64, No. 159 / Wednesday, August 18, 1999 / 
Proposed Rules  

[[Page 44860]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AG22


Elimination of the Requirement for Noncombustible Fire Barrier 
Penetration Seal Materials and Other Minor Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its fire protection regulations to remove the requirement that fire 
barrier penetration seal materials be noncombustible, and to make other 
minor changes. The proposed rule would also include editorial changes 
to comply with the Presidential memorandum dated June 1, 1998, 
entitled, ``Plain Language in Government Writing.''

DATES: Submit comments by November 1, 1999. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Mail comments to The Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Attention: 
Rulemakings and Adjudications Staff, Mail Stop O-16C1.
    Deliver comments to One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland, 20852, between 7:30 a.m. and 4:15 p.m. on Federal 
workdays.
    Copies of comments received may be examined at NRC Public Document 
Room, 2120 L Street, NW (Lower Level), Washington, DC.
    You may also submit comments via the NRC's interactive rulemaking 
Web site through the NRC home page <http://ruleforum.llnl.gov>. This 
site provides the availability to upload comments as files (any 
format), if your Web browser supports that function. For information 
about the interactive rulemaking site, contact Ms. Carol Gallagher at 
301-415-5905; or by e-mail at [email protected]. Comments received may also 
be viewed and downloaded electronically at this Web site.
    Single copies of NUREG-1552, ``Fire Barrier Penetration Seals in 
Nuclear Power Plants,'' and NUREG-1552, Supp. 1, which are related to 
this rulemaking, may be obtained by writing to U.S. Nuclear Regulatory 
Commission, Reproduction and Distribution Services Section, OCIO, 
Washington, DC 20555-0001; or by fax at 301-415-5272.

FOR FURTHER INFORMATION CONTACT: Daniele Oudinot, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-3731; e-mail [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

    The NRC conducted a technical assessment of fire barrier 
penetration seals. The NRC documented the results of its assessment in 
SECY-96-146, ``Technical Assessment of Fire Barrier Penetration Seals 
in Nuclear Power Plants,'' July 1, 1996; in NUREG-1552, ``Fire Barrier 
Penetration Seals in Nuclear Power Plants,'' July 1996; and in NUREG-
1552, Supplement 1, January 1999. In these reports, the NRC stated 
that, on the basis of its findings, the noncombustibility criterion for 
penetration seal materials that is specified in the NRC fire protection 
regulation and review guidance does not contribute significantly to 
safety, and recommended that this noncombustibility criterion be 
deleted.

II. Proposed Action

    The NRC is proposing to amend the regulations governing fire 
protection in Sec. 50.48, and Appendix R to Part 50 of Title 10 of the 
Code of Federal Regulations (Appendix R). The proposed amendments would 
remove the words ``shall utilize only noncombustible materials and'' in 
10 CFR Part 50, Appendix R, Section III.M, ``Fire Barrier Cable 
Penetration Seal Qualification;'' remove footnote 3 from Sec. 50.48(a); 
remove footnote 4 from Sec. 50.48(b); remove Secs. 50.48 (c), (d), and 
(e); correct a spelling error in footnote 2 of Appendix R, Section 
III.G., ``fire protection of safe shutdown capability;'' and make 
editorial changes.

III. Discussion

1. Fire Barrier Penetration Seals

    Appendix R, Section III.M currently states: ``Penetration seal 
designs shall utilize only noncombustible materials and shall be 
qualified by tests that are comparable to tests used to rate fire 
barriers.'' The NRC is proposing to amend Appendix R, Section III.M, by 
removing the words ``shall utilize only noncombustible materials and . 
. .''
    The technical basis for removing the noncombustibility requirement 
for fire barrier penetration seal materials is documented in NUREG-1552 
and NUREG-1552, Supplement 1. A summary of the technical basis for this 
action follows.
    NRC requirements and guidelines for penetration seals appear in a 
number of documents. In 1971, the NRC promulgated General Design 
Criterion (GDC) 3, ``Fire protection,'' and subsequently developed 
specific guidance for implementing GDC 3; Branch Technical Position 
(BTP) Auxiliary Power Conversion Systems Branch (APCSB) 9.5-1, 
``Guidelines for Fire Protection for Nuclear Power Plants,'' May 1, 
1976; and Appendix A to BTP APCSB 9.5-1, ``Guidelines for Fire 
Protection for Nuclear Power Plants Docketed Prior to July 1, 1976,'' 
February 24, 1977. Most licensees complied with most of the 
implementing guidance. To resolve the contested issues, the NRC 
published the final fire protection rule (Sec. 50.48) and Appendix R to 
10 CFR Part 50 on November 10, 1980 (45 FR 76602). It is important to 
note that Appendix R is not a set of generically applicable fire 
protection requirements and applies only to plants that were operating 
before January 1, 1979.
    The record for Appendix R does not disclose technical basis for 
including the noncombustibility criterion in Appendix R. The 
noncombustibility criterion is not included in BTP APCSB 9.5-1, 
Appendix A to BTP APCSB 9.5-1, or in the industry fire endurance test 
standards. Also, Sec. 50.48 does not address the use of combustible 
materials. Although GDC 3 states that noncombustible and heat-resistant 
materials must be used wherever practical, GDC 3 does not preclude the 
use of combustible materials. In fact, combustible materials are 
installed in nuclear power plants. In general, when these materials are 
incorporated as

[[Page 44861]]

integral components of the plant fire protection program, including the 
fire hazard analysis, they are acceptable.
    Fire barrier penetration seals are one element of the defense-in-
depth concept at nuclear power plants. The objectives of the defense-
in-depth concept are to:
    (1) Prevent fires from starting;
    (2) Promptly detect, control, and extinguish those fires that do 
occur; and
    (3) Protect structures, systems, and components important to safety 
so that a fire that is not extinguished promptly will not prevent the 
safe shutdown of the plant.
    To achieve defense in depth, each operating reactor maintains an 
NRC-approved fire protection program. Nuclear power plants are divided 
into separate areas by structural fire barriers, such as walls and 
floor-ceiling assemblies whose fire-resistance rating, typically 1, 2, 
or 3 hours, is determined by testing. The function of these structural 
barriers is to prevent a fire that starts in one area from spreading to 
another area. Penetration seals are used to close openings through the 
structural fire barriers. The intended design function of the 
penetration seal is to confine a fire to the area in which it started 
and to protect important equipment within an area from a fire outside 
the area. As for other fire barriers, the fire-resistance rating of the 
penetration seals is determined by testing.
    The ability of a particular penetration seal to achieve its 
intended design function (i.e., to contain a fire), as determined by a 
fire endurance test conducted in accordance with an industry standard, 
is the foremost design consideration. In the report documenting the 
results of the fire barrier penetration seal reassessment, the NRC 
concluded the following:
    (1) There are no reports of fires that challenged the ability of 
nuclear power plant fire-rated penetration seals to confine a fire.
    (2) A large body of fire endurance tests had established the fire-
resistive capabilities of the penetration seal materials, designs, and 
configurations installed in nuclear power plants.
    (3) If penetration seals are properly designed, tested, configured, 
installed, inspected, and maintained, there is reasonable assurance 
that they will provide the fire resistance of the tested configuration, 
maintain the fire-resistive integrity of the fire barriers in which 
they are installed, and confine the fire to the area of origin.
    The NRC evaluated silicone-based penetration seal materials that 
are combustible and are the most widely used materials for penetration 
seals throughout the commercial nuclear power industry. In presenting 
the results of its evaluation in NUREG-1552 and in NUREG-1552, 
Supplement 1, the NRC concluded the following:
    (1) Properly tested, configured, installed, and maintained 
silicone-based penetration seals are not credible fire hazards.
    (2) Despite the fact that a silicone-based penetration seal could 
contribute some fuel to a fire, its relative contribution to overall 
fire severity would be negligible.
    (3) Qualified silicone-based fire barrier penetration seals can 
accomplish their intended design function; and
    (4) The benefits of the silicone-based penetration seal materials 
outweigh any potential concerns regarding material combustibility.

2. Footnotes 3 and 4 in Sec. 50.48

    Footnote 3 in Sec. 50.48(a) states that basic fire protection 
guidance for nuclear power plants is contained in two NRC documents: 
Branch Technical Position (BTP) Auxiliary Power Conversion System 
Branch (APCSB) 9.5-1, ``Guidelines for Fire Protection for Nuclear 
Power Plants'' (for new plants docketed after July 1, 1976), dated May 
1976, and Appendix A to BTP APCSB 9,5-1, ``Guidelines for Fire 
Protection for Nuclear Power Plants Docketed Prior to July 1, 1976'' 
(for plants that were operating or in various stages of design or 
construction before July 1, 1976), dated August 23, 1976. Footnote 3 
also refers to footnote 4 in Sec. 50.48(b), that lists four additional 
documents related to permissible alternatives to satisfy Appendix A to 
BTP APCSB 9.5-1. The six documents that are referred to in footnotes 3 
and 4 no longer reflect accurately the guidance documents published by 
the NRC.
    Footnotes 3 and 4 were not intended to be rulemaking requirements 
but rather statements of fact. The footnotes reflected the Commission's 
approval of the NRC staff's practice, as reflected in Branch Technical 
Position (BTP) APCSB 9.5-1 and in its Appendix A, that the date of the 
docketing of the construction permit would determine the NRC staff's 
review criteria for verifying compliance with General Design Criterion 
(GDC) 3, and that compliance with the guidance of BTP APCSB 9.5-1 or 
its Appendix A and the other listed guidance documents would establish 
compliance with GDC 3. The NRC has completed its review of the fire 
protection programs at all operating reactors and has issued license 
conditions that establish the licensing bases for each reactor. The 
licensing bases may include the documents listed in footnotes 3 and 4 
but typically include a number of other guidance documents that the NRC 
issued after it promulgated Sec. 50.48. In addition, the licensees 
included the fire protection licensing basis for each reactor in the 
Updated Final Safety Analysis Report for the facility. Footnotes 3 and 
4 have served their purpose and are not needed by the NRC or the 
licensees to maintain the fire protection licensing bases for the 
reactors.
    The proposed rule change would not affect or change the licensing 
basis for any plant. However, it would make 10 CFR 50.48 consistent 
with other reactor regulations that do not identify guidance documents. 
It would also eliminate the need to update the footnotes to include the 
large number of guidance documents that the NRC has issued since it 
promulgated Sec. 50.48 and to conduct future rulemakings to add new 
guidance documents as they are issued. The proposed change would also 
resolve an inconsistency between the information in footnote 3 to 
Sec. 50.48 and the regulatory requirements of Sec. 50.34(g)(1)(ii). 
Specifically Sec. 50.34(g)(1)(ii) states, in part, that ``Applications 
for light water cooled nuclear power plant construction permits, 
manufacturing licenses, and preliminary or final design approvals for 
standard plants docketed after May 17, 1982, shall include an 
evaluation of the facility against the SRP * * *,'' whereas, footnote 3 
indicates that the fire protection portions of these applications would 
be reviewed against BTP APCSB 9.5-1.

3. Implementation Requirements in Sec. 50.48 (c), (d), and (e)

    Paragraphs (c) and (d) of Sec. 50.48 currently list schedule 
requirements that were added to the Code of Federal Regulations when 
Appendix R became effective on February 17, 1981. These requirements 
apply to nuclear power plants licensed before January 1, 1979, and 
involve fire protection installation modifications, revisions of 
administrative controls, manpower changes, and training. These 
requirements were to be completed on a schedule determined by the 
provisions specified in Sec. 50.48 (c) and (d). All schedular 
requirements of Sec. 50.48 (c) and (d) have been implemented and need 
not be retained.
    Paragraph (e) of Sec. 50.48 currently specifies that nuclear power 
plants licensed after January 1, 1979, shall complete all fire 
protection modifications needed to satisfy GDC 3 of Appendix A to 10 
CFR Part 50 in accordance with the provisions of their licenses. 
License conditions pertaining

[[Page 44862]]

to fire protection have been implemented at all plants. Therefore, 
Sec. 50.48(e) has been implemented and need not be retained.

4. Grammatical Correction

    Footnote 2 to Section III.G.3 of Appendix R currently reads, 
``Alternative shutdown capability is provided by rerouting, relocating, 
or modificating of existing systems; dedicated shutdown capability is 
provided by installing new structures and systems for the function of 
post-fire shutdown.'' This amendment would replace the words 
``modificating of'' with ``modifying.''

IV. Plain Language

    The Presidential memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing,'' directed that the Federal 
Government's writing be in plain language (63 FR 31883, June 10, 1998). 
In compliance with this directive, editorial changes have been made in 
these proposed amendments to improve the readability of the existing 
language of the provisions being revised. These types of changes are 
not discussed further in this document. The NRC requests comments on 
this proposed rule specifically with respect to the clarity and 
effectiveness of the language used in this notice. Comments on the 
language used should be sent to the NRC as indicated under the 
ADDRESSES heading.

V. Finding of No Significant Environmental Impact

Environmental Assessment

    The NRC has determined, in accordance with the National 
Environmental Policy Act of 1969, as amended, and the Commission's 
regulations in Subpart A of 10 CFR Part 51, that the proposed 
amendments, if adopted, would not be a major Federal action 
significantly affecting the quality of the human environment; 
therefore, an environmental impact statement is not required.

1. The Proposed Action

    The NRC is proposing to amend its regulations that require fire 
barrier penetration seal materials to be noncombustible and to make 
minor changes to Sec. 50.48 and to Appendix R.
    These minor changes are to remove footnote 3 from Sec. 50.48(a) and 
footnote 4 from Sec. 50.48(b); remove paragraphs (c), (d), and (e) from 
Sec. 50.48; correct a grammatical error in footnote 2 to Section 
III.G.3 of Appendix R; and make editorial changes.

2. Need for the Rulemaking Action

    The technical basis for removing the noncombustibility requirement 
for fire barrier penetration seal materials is documented in NUREG-
1552, ``Fire Barrier Penetration Seals in Nuclear Power Plants,'' July 
1996; and in NUREG-1552, Supplement 1, January 1999. In these reports, 
the NRC staff stated that the noncombustibility criterion for 
penetration seal materials specified in the NRC fire protection 
regulations and review guidance does not contribute significantly to 
safety and recommended that this noncombustibility criterion be 
deleted. In a staff requirements memorandum dated June 30, 1998, the 
Commission directed the NRC staff to amend Section III.M of Appendix R 
to Part 50 of Title 10 of the Code of Federal Regulations (Appendix R) 
to eliminate the noncombustibility requirement for penetration seal 
material and to make other minor changes to the fire protection 
regulations. These minor changes include the deletion of references 
that no longer reflect accurately the guidance documents published by 
the NRC in footnotes 3 and 4 of Sec. 50.48, the deletion of schedular 
requirements that have been implemented in Sec. 50.48(c) and (d), and a 
grammatical correction in footnote 2 to Section III.G.3 of Appendix R. 
The NRC is also taking advantage of this rulemaking to make editorial 
changes to comply with the Presidential memorandum dated June 1, 1998, 
entitled, ``Plain Language in Government Writing.'' The proposed change 
would remove a requirement that does not contribute significantly to 
safety. It constitutes a burden reduction for the NRC and for the 
licensees.

3. ``No Regulatory Action'' Alternative

    No regulatory action would continue the regulatory burden on 
licensees and on the NRC. Silicone-based material is currently the 
material of choice for fire barrier penetration seals and is 
combustible. The NRC has performed an assessment of silicone-based 
penetration seal materials and concluded that the benefits of the 
silicone-based materials in penetration seals, such as high-temperature 
stability, flexibility, and resistance to the effects of radiation 
exposure and aging, outweigh any potential concerns regarding material 
combustibility. In the past, licensees using silicone-based penetration 
seal materials have requested and been granted exemptions from the 
requirement of Section III.M of Appendix R to Part 50, regarding the 
use of noncombustible materials, provided the seals are qualified by 
fire endurance tests conducted in accordance with an industry standard. 
Under the current rule, licensees who choose penetration seals made of 
silicone-based materials for the replacement of existing seals or the 
installation of new seals must request exemptions from the requirement 
of Section III.M of Appendix R to the extent that the silicone-based 
material is combustible. These requests for exemption would increase 
the regulatory burden on both the NRC and on the licensees, and would 
present no safety benefit. No regulatory action regarding the removal 
of footnote 3 in Sec. 50.48(a), footnote 4 in Sec. 50.48 (b), and 
Secs. 50.48 (c), (d), and (e) would have a negative regulatory impact 
for the following reasons. Footnotes 3 and 4 in Sec. 50.48 are 
inaccurate and incomplete. In addition, the information in footnote 3 
is inconsistent with the regulatory requirements contained in 
Sec. 50.34(g)(1)(ii). The requirements in Secs. 50.48 (c), (d), and (e) 
have been implemented and need not be retained. No regulatory action 
regarding the correction of a grammatical error in footnote 2 to 
Section III.G.3 of Appendix R to Part 50, which is administrative in 
nature, would not have any regulatory impact.

4. Environmental Impacts of the Proposed Amendment and the Alternative

    The environmental impacts of the proposed amendment, as well as the 
alternative, are considered negligible by the NRC. The NRC has 
determined that the ability of a particular penetration seal to achieve 
its intended design function (i.e., to contain a fire), as determined 
by a fire endurance test conducted in accordance with an industry 
standard, is the foremost design consideration. The proposed amendment 
would not impact the ability to shut down the plant safely in the event 
of a fire and would provide a level of safety equivalent to that 
attained by compliance with Section III.M of Appendix R to 10 CFR Part 
50. There is no environmental impact associated with the other changes 
which are administrative in nature. On this basis, the NRC concludes 
that there are no radiological environmental impacts associated with 
this proposed amendment. If no regulatory action were taken in regard 
to the noncombustibility requirement of Section III.M of Appendix R 
there would be no radiological environmental impact, the same as the 
proposed action. No regulatory action regarding the changes in 
Sec. 50.48 (and the correction of an error in footnote 2 to Section 
III.G.3 of

[[Page 44863]]

Appendix R, which is administrative in nature) would have no 
radiological impact on the environment.
    With regard to potential nonradiological impacts, the proposed 
amendment does not affect nonradiological plant effluents and has no 
other environmental impact. Therefore, the NRC concludes that there are 
no significant nonradiological environmental impacts associated with 
the proposed amendment.

5. List of Agencies and Persons Consulted

    Much of the technical information required for this rulemaking was 
obtained directly from technical experts within the NRC. No other 
agencies were consulted in preparing this environmental assessment.

VI. Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0011.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

VII. Regulatory Analysis

    The NRC has prepared the following regulatory analysis for the 
proposed rule.

1. Statement of the Problem

    The NRC is proposing to amend its regulations regarding the 
requirement for fire barrier penetration seal materials to be 
noncombustible and is also proposing to make minor changes to 
Sec. 50.48 and to Appendix R to 10 CFR Part 50. The proposed changes 
would remove footnote 3 from Sec. 50.48(a) and footnote 4 from 
Sec. 50.48(b); remove paragraphs (c), (d), and (e) from Sec. 50.48; 
correct a grammatical error in footnote 2 to Section III.G.3 of 
Appendix R; and make editorial changes to comply with the Presidential 
memorandum dated June 1, 1998, entitled, ``Plain Language in Government 
Writing.''

2. Objectives of the Rulemaking

    The main objective of the proposed rule is to remove the 
requirement of Section III.M of Appendix R to 10 CFR Part 50 that fire 
barrier penetration seal materials be noncombustible. In addition, this 
rule would remove certain parts of Sec. 50.48, correct a grammatical 
error in Appendix R, and make editorial changes.

3. Alternative

    The alternative of no regulatory action would continue the 
unnecessary regulatory burden on licensees and on the NRC.

4. Consequences

    Removing the requirement that fire barrier penetration seal 
materials be noncombustible from Section III.M of Appendix R to Part 50 
would lessen the unnecessary regulatory burden on licensees and on the 
NRC staff. It would allow licensees to use combustible materials in 
penetration seals without requesting an exemption from the requirement 
in Section III.M of Appendix R regarding the noncombustibility of 
penetration seal materials, provided the seals are qualified by fire 
endurance tests comparable to those used to rate fire barriers and 
conducted in accordance with an industry standard. The other minor 
changes are administrative and would not affect the regulatory burden 
on licensees.

5. Value Impact Analysis

    The value (benefit) and impact (cost) of the proposed changes are 
estimated below. Section III.M of Appendix R to 10 CFR Part 50 applies 
to the plants that were operating before January 1, 1979, and had open 
items when Appendix R was published. As detailed in NUREG-1552, 
Supplement 1, Section III.M of Appendix R applies to 5 operating 
reactors. In order to estimate the benefit of the proposed change, the 
NRC assumed that the licensees for these plants may replace some of 
their penetration seals with penetration seals made of silicone-based 
combustible material and that these licensees request an exemption from 
the technical requirements of Section III.M of Appendix R. Labor cost 
is $145/hr for a power reactor licensee and $75/hr for NRC. The change 
to Section III.M of Appendix R would save licensees the cost of 
preparing an exemption request and would save the NRC the cost of 
preparing a safety evaluation and processing the request. Assuming a 
cost saving of approximately $7500 for licensees and approximately 
$2500 for NRC for each exemption request, the total cost saving from 
the change to Section III.M would be approximately $50,000. There would 
be no benefit or cost associated with the other proposed changes.

6. Decision Rationale

    The NRC reviewed the requirement of Section III.M of Appendix R 
during its reassessment of fire barrier penetration seals and 
determined that this requirement does not contribute significantly to 
safety. The removal of the requirement of Section III.M would reduce 
the regulatory burden on the licensee without reducing safety. In 
addition, the proposed rule would make the following minor changes: 
remove footnote 3 from Sec. 50.48(a) and footnote 4 from Sec. 50.48(b); 
remove paragraphs (c), (d), and (e) from Sec. 50.48; correct an error 
in footnote 2 to Section III.G.3 of Appendix R; and make editorial 
changes to comply with the Presidential memorandum dated June 1, 1998, 
entitled, ``Plain Language in Government Writing.'' The other changes 
as discussed above would not change the regulatory burden on the 
licensees and do not affect safety.

VIII. Regulatory Flexibility Act Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this proposed rule if adopted 
would not have a significant impact on a substantial number of small 
entities. Nuclear power plant licensees do not fall within the 
definition of small businesses as defined in Section 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).

IX. Backfit Analysis

    The NRC has determined that these amendments do not involve any 
provisions that would 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 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),

[[Page 44864]]

(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 Executive Order on Plain English 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 need not be prepared.

X. Voluntary Consensus Standards

    The National Technology Transfer Act of 1995, Pub. L.104-113, 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. The NRC proposes to delete the Government-unique standard 
in 10 CFR Part 50, Appendix R, Section III.M, which requires that fire 
barrier penetration seals utilize only noncombustible materials. The 
NRC is not aware that deletion of this requirement is inconsistent with 
any voluntary consensus standard. The NRC will consider using a 
voluntary consensus standard if an appropriate standard is identified. 
If a voluntary consensus standard is identified for consideration, the 
submittal should explain how the voluntary consensus standard supports 
retention of the Government-unique standard or is otherwise 
inconsistent with deletion of the requirement and why the voluntary 
consensus standard should be used in lieu of implementing the action to 
delete the identified Government-unique standard.

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. 553, the NRC is proposing to 
adopt 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. In Sec. 50.48, paragraphs (a), (b), and (f) are 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.
* * * * *
    (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--
    (i) Reasonably prevent such 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.

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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, footnote 2 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,\2\ independent of cables, systems or components 
in the area, room, zone under consideration should be provided: * * 
*
    \2\ 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.
* * * * *
    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 11th day of August, 1999.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-21396 Filed 8-17-99; 8:45 am]
BILLING CODE 7590-01-P