Incorporation by Reference of American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases, 71750-71756 [E7-24478]
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Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations
2 For veterinary diagnostic services for which there is no flat user fee the Hourly rate user fee will be calculated for the actual time required to
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Done in Washington, DC, this 13th day of
December 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–24602 Filed 12–18–07; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
RIN 3150–AH80
Incorporation by Reference of
American Society of Mechanical
Engineers Boiler and Pressure Vessel
Code Cases
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
regulations to incorporate by reference
the latest revisions of two previously
incorporated regulatory guides (RGs)
that approve Code Cases published by
the American Society of Mechanical
Engineers (ASME). These RGs are 1.84,
‘‘Design, Fabrication, and Materials
Code Case Acceptability, ASME Section
III,’’ Revision 34, and RG 1.147,
‘‘Inservice Inspection Code Case
Acceptability, ASME Section XI,
Division 1,’’ Revision 15. This action
allows licensees to use the Code Cases
listed in the RGs as alternatives to
requirements in the ASME Boiler and
Pressure Vessel Code regarding the
construction and inservice inspection of
nuclear power plant components.
Concurrent with this action, the NRC is
publishing a notice of the issuance and
availability of the final RGs. As a result
of these related actions, the Code Cases
listed in these RGs are incorporated by
reference into the NRC’s regulations.
Effective Date: January 18, 2008.
The incorporation by reference of
certain publications listed in the
regulation is approved by the Director of
the Office of the Federal Register as of
January 18, 2008.
DATES:
L.
Mark Padovan, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone 301–415–
1423, e-mail lmp@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Availability of Documents
The NRC is making the documents
identified below available to interested
persons through one or more of the
following:
Public Document Room (PDR). The
NRC Public Document Room is located
at 11555 Rockville Pike, Public File
Area O–1F21, Rockville, Maryland.
Publicly available documents related to
this rulemaking may be viewed
electronically on the public computers
located at the NRC’s PDR. The PDR
reproduction contractor will copy
documents for a fee.
The NRC’s Public Electronic Reading
Room. The NRC’s public electronic
reading room (e-reading room) is located
at https://www.nrc.gov/reading-rm.html.
From this site, the public can gain entry
into the NRC’s Agencywide Document
Access and Management System
(ADAMS), which provides text and
image files of NRC’s public documents.
The table below shows some documents
related to this rulemaking, and their
ADAMS ML numbers. If you do not
have access to ADAMS, or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to pdr@nrc.gov.
Document
PDR
Final Rule—Regulatory Analysis .................................................................................................................................
RG 1.84, Rev. 34 .........................................................................................................................................................
RG 1.147, Rev. 15 .......................................................................................................................................................
RG 1.193, Rev. 1 .........................................................................................................................................................
Response to Public Comments ...................................................................................................................................
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Background
The ASME develops and publishes
the Boiler and Pressure Vessel Code
(BPV Code), which contains the Code
requirements for the design,
construction, and inservice inspection
(ISI) of nuclear power plant
components, and the Code for
Operation and Maintenance of Nuclear
Power Plants (OM Code), which
contains Code requirements for
inservice testing (IST) of nuclear power
plant components. In response to BPV
and OM Code user requests, the ASME
develops Code Cases which provide
alternatives to BPV and OM Code
requirements under special
circumstances.
The NRC staff reviews ASME BPV
and OM Code Cases, rules upon the
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acceptability of each Code Case, and
publishes its findings in RGs. The RGs
are revised periodically as new Code
Cases are published by the ASME. The
NRC incorporates by reference the RGs
listing acceptable and conditionally
acceptable ASME Code Cases in 10 CFR
50.55a. Currently, NRC RG 1.84,
Revision 33, ‘‘Design, Fabrication, and
Materials Code Case Acceptability,
ASME Section III,’’ NRC RG 1.147,
Revisions 0 through 14, ‘‘Inservice
Inspection Code Case Acceptability,
ASME Section XI, Division 1,’’ and NRC
RG 1.192, ‘‘Operation and Maintenance
Code Case Acceptability, ASME OM
Code’’ are incorporated into NRC’s
regulations, specifically 10 CFR 50.55a,
‘‘Codes and Standards.’’
This final rule incorporates by
reference the latest revisions of the NRC
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ML070360713
ML072070407
ML072070419
ML052140501
ML071230720
RGs that list acceptable and
conditionally acceptable ASME BPV
Code Cases. RG 1.84, Revision 34
supersedes the incorporation by
reference of Revision 33 and RG 1.147,
Revision 15 supersedes the
incorporation by reference of Revisions
0 through 14. Revision 15 of RG 1.147
supersedes all previous revisions of the
RG. To make RG 1.147 easier to use,
there was an effort to ensure that the
tables of annulled Code Cases in
Revision 15 were all inclusive. The
result should be that licensees will no
longer have to refer to multiple versions
of this RG in managing Code Case usage
in their ISI programs. RG 1.192,
‘‘Operation and Maintenance Code Case
Acceptability, ASME OM Code’’ (June
2003), has not been revised because no
new OM Code Cases have been
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published by the ASME since the last
NRC staff review.
RG 1.193, ‘‘ASME Code Cases Not
Approved for Use,’’ lists the Code Cases
that the NRC has determined are not
acceptable for generic use. This guide
complements RG 1.84 and RG 1.147
which list the Code Cases that the NRC
has determined to be acceptable
alternatives to applicable provisions of
Section III and Section XI, respectively.
Revision 1 to RG 1.193, issued in
August 2005, is the latest available
revision. On May 19, 2006, Revision 2
of the guide was issued for public
comment (Draft Guide DG–1135,
ML061210429). The public comment
period closed on July 14, 2006. No
comment letters were received. Issuance
of the final guide was held pending the
resolution of public comments on RGs
1.84 and 1.147 to determine if changes
to these guides would necessitate a
change to RG 1.193. No changes to the
draft guide are necessary, and the final
guide was issued in October 2007
through a separate notice.
The ASME recently changed its policy
with regard to the effective period for
Code Cases. Previously, a Code Case
was approved with a 3-year expiration
date. With the policy change, a Code
Case is approved without an expiration
date and is effective until the ASME
takes action. Some of the Code Cases
listed in the RGs were reviewed by the
NRC prior to implementation of the new
policy (i.e., Code Case reaffirmation
dates appear in some tables).
Subsequent revisions of the RGs will
reflect the discontinuance of expiration
dates.
The endorsement of a Code Case in
NRC RGs constitutes acceptance of its
technical position for applications not
precluded by regulatory or other
requirements or by the
recommendations in these or other RGs.
The licensee is responsible for ensuring
that use of the Code Case does not
conflict with regulatory requirements or
licensee commitments. The Code Cases
listed in the RGs are acceptable for use
within the limits specified in the Code
Case.
Code Cases may be revised for many
reasons, for example to incorporate
operational examination and testing
experience and to update material
requirements based on research results.
On occasion, an inaccuracy in an
equation is discovered or an
examination as practiced is found not to
be adequate to detect a newly
discovered degradation mechanism.
Hence, when a licensee initially
implements a Code Case, 10 CFR 50.55a
requires that the licensee implement the
most recent version of that Code Case as
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listed in the RGs incorporated by
reference. Code Cases superseded by
revision are no longer acceptable for
initial application unless otherwise
indicated.
Section III applies only to new
construction (i.e., the edition and
addenda to be used in the construction
of a plant are selected based on the date
of the construction permit and are not
changed thereafter, except voluntarily
by the licensee). Hence, if a Section III
Code Case is implemented by a licensee
and a later version of the Code Case is
incorporated by reference into § 50.55a
and listed in the RGs, the licensee may
use either version of the Code Case
(subject, however, to whatever change
requirements apply to its licensing
basis, e.g., 10 CFR 50.59).
Section XI ISI and OM IST programs
are updated every 10 years to the latest
edition and addenda of Section XI that
was incorporated by reference into
§ 50.55a and in effect 12 months before
the start of the next inspection and
testing interval. Licensees who were
using a Code Case prior to the effective
date of its revision may continue to use
the previous version for the remainder
of the 120-month ISI or IST interval.
This relieves licensees of the burden of
having to update their ISI or IST
program each time a Code Case is
revised by the ASME and approved for
use by the NRC. Since Code Cases are
applicable to specific editions and
addenda, and since Code Cases may be
revised because they are no longer
accurate or adequate, licensees choosing
to continue using a Code Case during
the subsequent ISI/IST interval must
implement the latest version
incorporated by reference into § 50.55a
and listed in the RGs.
The ASME may annul Code Cases that
are no longer required, are determined
to be inaccurate or inadequate, or have
been incorporated into the BPV or OM
Code. If a licensee applied a Code Case
before it was listed as annulled or
expired, the licensee may continue to
use the Code Case until the licensee
updates its construction Code of Record
or until the licensee’s 120-month ISI/
IST update interval expires, after which
the continued use of the Code Case is
prohibited unless NRC approval is
granted under § 50.55a(a)(3). If a Code
Case is incorporated by reference into
10 CFR 50.55a and later annulled by the
ASME because experience has shown
that the design analysis, construction
method, examination method, or testing
method is inadequate, the NRC will
amend 10 CFR 50.55a and the relevant
RG to remove the approval of the
annulled Code Case. Licensees should
not begin to implement such annulled
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Code Cases in advance of the
rulemaking.
Concurrent with this action, the NRC
is publishing notices of availability of
these RGs listing acceptable ASME BPV
Code Cases.
Discussion of Comments
The NRC received no comments on
the proposed rulemaking, and 11 public
comment letters on the draft regulatory
guides. The comments relate to the
associated notice of issuance and
availability of the proposed RGs (71 FR
62947; October 27, 2006), as discussed
below.
RG 1.84, Code Case N–659
Eight of the comments pertained to
proposed Revision 34 of Regulatory
Guide 1.84. Specifically, all of the
comments addressed Code Case N–659,
‘‘Use of Ultrasonic Examination in Lieu
of Radiography for Weld Examination,
Section III, Division 1.’’ All of the
commenters had concerns relative to the
conditions proposed by the NRC.
Several commenters stated that further
clarification was needed, and the
demonstration program needed to be
better defined. Other commenters
believed that there was no need to
require blind procedure and personnel
demonstrations since a blind personnel
demonstration would be sufficient, in
their opinion, to also demonstrate the
procedure. Some specific questions
were raised, such as the number of flaws
required for the procedure
demonstration and false calls.
NRC Response: As noted above, the
Statement of Considerations (Federal
Register Notice 71 FR 62947, published
on October 27, 2006) discussed the
NRC’s intent to add conditions to Code
Case N–659 in the final guide unless
public comments were received
indicating that the staff’s proposed
technical bases for the conditions were
incorrect, not applicable, unnecessary,
or not justified. Because interest in
using the code case had been expressed
by the industry, the NRC developed the
proposed conditions in an attempt to
resolve the NRC’s technical concerns
and make the code case available for
use. Public comments were received
raising issues with the proposed NRC
approach. In a separate Federal Register
Notice (71 FR 32615) published for
public comment on June 6, 2006, the
industry had been notified that the NRC
had determined that changes made to
the code case by ASME International,
published as Code Case N–659–1, were
not acceptable to the NRC.
Accordingly, given the NRC’s
technical concerns with the
demonstration program, the issues
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raised in the public comments, and that
the changes to Code Case N–659
resulting in Revision 1 to the code case
are not acceptable to the NRC, the NRC
has determined that a more effective
approach for developing a suitable
performance demonstration program
would be to work with ASME
International. Thus, Code Case N–659
will not be endorsed in the final
regulatory guide, and the NRC staff will
work through the ASME Code process to
resolve the issues. To ensure that all
stakeholders understand the NRC staff’s
concerns, responses have been
developed to some of the public
comments on Code Case N–659 dealing
with the concept and motive for
performance demonstration. The NRC’s
responses can be found in the
‘‘Response to Public Comments’’
document which is available to the
public as indicated in the ‘‘Availability
of Documents’’ section of this preamble.
Responses are not provided for many of
the public comments addressing details
such as acceptance criteria, as these will
be dependent on the scope of the
performance demonstration program.
The responses should be considered as
the staff’s preliminary positions on the
issues.
RG 1.147
Code Case N–532–4
A commenter suggested that the NRC
should consider listing Code Case N–
532, Revision 4, rather than Code Case
N–532, Revision 3, because Revision 4
addresses the proposed condition in the
draft regulatory guide.
NRC Response: The NRC had
conditionally approved previous
revisions of the Code Case requiring that
the inspection report be submitted
within 90 days of the completion of
each refueling outage. Under the
provisions of Revision 3, it could have
been several years before licensees
submitted the inspection report. Since
the change resulting in Code Case N–
532–4 is consistent with the previously
established regulatory position, the
commenter’s suggestion has been
adopted, and Revision 4 to the Code
Case is included in the final guide.
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Code Case N–504–2
Two comments were received on
Code Case N–504, Revision 2. The first
comment was that the reference for
obtaining a copy of Section XI,
Appendix Q, ‘‘Weld Overlay Repair of
Class 1, 2, and 3 Austenitic Stainless
Steel Piping Weldments,’’ was incorrect.
NRC Response to the first comment: It
was an oversight to not delete this
reference in the draft guide.
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Accordingly, the reference has been
removed in the final guide.
The second comment on Code Case
N–504–2 was that the NRC should
consider listing Code Case N–504–3,
rather than Code Case N–504–2, because
Revision 3 addresses the proposed
conditions in the draft regulatory guide.
NRC Response: The revisions in
Revision 3 are administrative in nature
addressing use of the Code Case with
various editions and addenda of Section
XI. As these changes to the Code Case
are administrative in nature and address
the proposed conditions, Code Case N–
504–3 is included in the final guide.
Code Case N–554–3
A commenter suggested that the NRC
remove the limitation on Code Case N–
554, Revision 3, consistent with NRC’s
letter of August 23, 2006, to Mr. Ken
Balkey, Vice President Nuclear Codes
and Standards.
NRC Response: In that letter, the NRC
stated that it had evaluated ASME
International’s position on the Code
Case, and concluded that there was a
reasonable basis for pursuing the
removal of the limitation on the Code
Case. At the time that the letter was
transmitted, the draft regulatory guide
was in final concurrence. Hence, it was
decided to address this issue in the
subsequent revision. However, since the
comment is consistent with the
regulatory position, the NRC has
determined that the limitation can be
removed in the final guide. Thus, Code
Case N–554–3 will be unconditionally
approved in the final guide.
Code Case N–567–1
A commenter suggested that, based on
the same letter to Mr. Ken Balkey
described above, the proposed
limitation for Code Case N–567,
Revision 1, should also be removed. The
commenter pointed out that the basis for
removing the limitation on Code Case
N–554–3 equally applies to Code Case
N–567–1.
NRC Response: The NRC agrees, and
Code Case N–554–3 will be
unconditionally approved in the final
guide.
Code Case N–533–1
A commenter suggested that the
limitations on Code Case N–533,
Revision 1, be worded consistent with
those in Revision 14 of Regulatory
Guide 1.147.
NRC Response: There was no intent to
modify the intent of the condition in
Revision 15. The intent was to make the
condition more succinct. In accordance
with the commenter’s suggestion, the
more descriptive condition contained in
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Revision 14 will be retained in the final
Revision 15.
Code Case N–460
In the draft guide, the NRC proposed
to condition Code Case N–460 relative
to the manner in which it could be used
in conjunction with Code Case N–659.
Several commenters suggested that this
was not necessary. The commenters
believed that the provisions of the Code
Case N–460 would prohibit the use of it
in the manner discussed, and also
suggested that the proposed condition
would be burdensome.
NRC Response: The comments raise
additional issues that need further
consideration. Since these issues are
associated with Code Case N–659, and
it is not presently being accepted, issues
with Code Case N–460 do not need to
be resolved at this time. Accordingly,
Code Case N–460 will not be
conditioned in the final guide.
Code Case N–517–1
A commenter suggested that the
limitation on Code Case N–517,
Revision 1, should be removed.
NRC Response: Several years ago,
NRC staff raised a concern that the Code
Case was not consistent with 10 CFR 50,
Appendix B, in that it would permit the
purchase of materials from sources that
do not have approved QA programs.
However, the NRC has determined that
the requirements of Appendix B are law
and remain in effect even when a Code
Case takes exception or is otherwise
silent on the issue. Accordingly, the
condition on Code Case N–517–1 has
been removed in the final guide.
Code Cases N–619 and N–648–1
A commenter requested that the NRC
clarify the conditions for approval for
both Code Case N–619 and N–648,
Revision 1. Specifically, clarification
was requested relative to the reference
to external surfaces on the inner radius
of the nozzle.
NRC Response: The conditions in the
final guide have been clarified to
indicate that the external surface is from
point M to point N in the figure.
Code Case N–706
A commenter recommended that the
NRC considers including Code Case N–
706 in Revision 15 to Regulatory Guide
1.147.
NRC Response: As indicated by the
commenter, the NRC has previously
approved the strategy identified in Code
Case N–706 in relief requests. Technical
Letter Report, ‘‘Assessment of ASME
Code Examinations on Regenerative,
Letdown and Residual Heat Removal
Heat Exchangers,’’ Pacific Northwest
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National Laboratory (PNNL), dated July
2004, gives a technical basis for
acceptance of the Code Case. PNNL
reviewed the component design,
operating conditions, preventative
maintenance practices, potential
degradation mechanisms, failure
history, and risk assessments for these
heat exchanges. It concluded that with
this change in inspection strategy
identified in Code Case N–706, failure
frequencies would remain very low, and
there would be little impact on core
damage or large early release
frequencies. In addition, this change
would significantly reduce occupational
exposures. The NRC has determined
that the alternative examination of the
subject component provides reasonable
assurance of structural integrity.
Accordingly, the NRC agrees with the
commenter’s suggestion, and Code Case
N–706 has been approved in the final
guide.
Paragraph-by-Paragraph Discussion
On October 27, 2006, the NRC
published notices of the proposed
rulemaking and availability of proposed
revisions to RGs 1.84 and 1.147 (71 FR
62942 and 71 FR 62947). The NRC has
considered the public comments on
these RGs and has resolved those
comments by modifying the guides, as
appropriate, or providing its rationale
for not doing so. This rulemaking
amends 10 CFR 50.55a to incorporate by
reference RG 1.84 Revision 34, in place
of Revision 33, and RG 1.147 Revision
15, in place of Revisions 0 through 14.
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Paragraph 50.55a(b)
In § 50.55a(b), (b)(4), and (b)(5), the
reference to the revision number for RG
1.84 is changed from ‘‘Revision 33’’ to
‘‘Revision 34,’’ and the reference to the
revision numbers for RG 1.147 is
changed to ‘‘Revision 15.’’
Paragraphs 50.55a(f)(2), (f)(3)(iii)(A),
(f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i),
(g)(3)(ii), (g)(4)(i), and (g)(4)(ii)
In these paragraphs, the phrase
indicating that revisions of RG 1.147
‘‘through Revision 14’’ are the versions
that are incorporated by reference in
§ 50.55a(b) is modified to read
‘‘Revision 15.’’ Incorporation by
reference of Revision 15 of RG 1.147
supersedes the incorporation by
reference of all previous revisions. The
tables of annulled and superseded Code
Cases have been reviewed to ensure that
the lists are all inclusive.
Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995, Pub. L.
104–113, requires agencies to use
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technical standards developed or
adopted by voluntary consensus
standards bodies unless the use of such
standards is inconsistent with
applicable law or is otherwise
impractical. In this action, the NRC is
amending its regulations to incorporate
by reference RGs that list ASME BPV
Code Cases approved by the NRC.
ASME Code Cases, which are ASMEapproved alternatives to the provisions
of ASME Code editions and addenda,
are national consensus standards, as
defined in Pub. L. 104–113 and OMB
Circular A–119. They are developed by
bodies whose members (including the
NRC and utilities) have broad and
varied interests.
The NRC reviews each Section III and
Section XI Code Case published by the
ASME to ascertain whether it is
consistent with the safe operation of
nuclear power plants. Those Code Cases
found to be generically acceptable are
listed in the RGs that are incorporated
by reference in § 50.55a(b). Those that
are found to be unacceptable are listed
in RG 1.193, titled Code Cases not
Approved for Use; but licensees may
still seek NRC’s approval to apply these
Code Cases through the relief request
process permitted in § 50.55a(a)(3).
Other Code Cases, which the NRC finds
to be conditionally acceptable, are also
listed in the RGs that are incorporated
by reference along with the
modifications and limitations under
which they may be applied. If the NRC
did not conditionally accept ASME
Code Cases, it would disapprove these
Code Cases entirely. The effect would be
that licensees would need to submit a
larger number of relief requests which
would be an unnecessary additional
burden for both the licensee and the
NRC. The NRC believes that this
situation fits the definition of
‘‘impractical’’ under Pub. L. 104–113.
For these reasons, the treatment of
ASME BPV Code Cases, and
modifications and conditions placed on
them, in this final rule does not conflict
with any policy on agency use of
consensus standards specified in OMB
Circular A–119.
Finding of No Significant
Environmental Impact: Environmental
Assessment
This action stems from the
Commission’s practice of incorporating
by reference the RGs listing the most
recent set of NRC-approved ASME Code
Cases. The purpose of this action is to
allow licensees to use the Code Cases
listed in the RGs as alternatives to
requirements in the ASME BPV Code for
the construction and inservice
inspection of nuclear power plant
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components. This action is intended to
advance the NRC’s strategic goals of
protecting the public health, safety, and
the environment, ensuring openness in
the regulatory process, and promoting
regulatory effectiveness and efficiency.
It also demonstrates the agency’s
commitment to participate in the
national consensus standards process
under the National Technology Transfer
and Advancement Act of 1995, Pub. L.
104–113.
The National Environmental Policy
Act (NEPA), Pub. L. 97–190 (42 U.S.C.
4321, et seq.), as amended, requires
Federal government agencies to study
the impacts of their ‘‘major Federal
actions significantly affecting the
quality of the human environment,’’ and
prepare detailed statements on the
environmental impacts of the action and
alternatives to the action (42 U.S.C.
4332(2)(C)).
The Commission has determined
under NEPA, as amended, and the
Commission’s regulations in Subpart A
of 10 CFR Part 51 that this rule would
not be a major Federal action
significantly affecting the quality of the
human environment. Therefore, an
environmental impact statement is not
required.
As alternatives to the ASME Code,
NRC-approved Code Cases provide an
equivalent level of safety. Therefore, the
probability or consequences of accidents
is not changed. There are also no
significant, non-radiological impacts
associated with this action because no
changes would be made affecting nonradiological plant effluents nor in
activities that would adversely affect the
environment.
The determination of this
environmental assessment is that there
will be no significant offsite impact to
the public from this action. The NRC
sought public comments and the views
of the States on this assessment but
received none.
Paperwork Reduction Act Statement
This final rule does not contain a new
or an 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
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection unless the
requesting document displays a
currently valid OMB control number.
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Regulatory Analysis
List of Subjects in 10 CFR Part 50
The ASME Code Cases listed in the
RGs to be incorporated by reference
provide voluntary alternatives to the
provisions in the ASME BPV Code for
design, construction, and ISI of specific
structures, systems, and components
used in nuclear power plants.
Implementation of these Code Cases is
not required. Licensees use NRCapproved ASME Code Cases to reduce
unnecessary regulatory burden or gain
additional operational flexibility. It
would be difficult for the NRC to
provide these advantages independently
of the ASME Code Case publication
process without expending considerable
additional resources. The NRC has
prepared a regulatory analysis
addressing the qualitative benefits of the
alternatives considered in this final
rulemaking and comparing the costs
associated with each alternative. The
regulatory analysis is available for
inspection on public computers in the
NRC Public Document Room, located at
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, Room O–1
F21. Copies of the regulatory analysis
are also available to the public as
indicated under the Availability of
Documents heading in this preamble.
Antitrust, Classified information,
Criminal penalties, Fire protection,
Incorporation by reference,
Intergovernmental relations, Nuclear
power plants and reactors, Radiation
protection, Reactor siting criteria,
Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, and under the authority of 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.
Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the
Commission certifies that this final rule
will not impose a significant economical
impact on a substantial number of small
entities. This final rule affects only the
licensing and operation of nuclear
power plants. The companies that own
these plants are not ‘‘small entities’’ as
defined in the Regulatory Flexibility Act
or the size standards established by the
NRC (10 CFR 2.810).
Backfit Analysis
mstockstill on PROD1PC66 with RULES
The provisions in this final
rulemaking allow licensees to
voluntarily apply NRC-approved Code
Cases, sometimes with modifications or
conditions. Therefore, the voluntary
implementation of an approved Code
Case does not constitute a backfit. Thus,
the Commission finds that this final rule
does not involve any provisions that
constitute a backfit as defined in 10 CFR
50.109(a)(1), that the backfit rule does
not apply to this final rule, and that a
backfit analysis is not required.
Under the Congressional Review Act
(CRA) of 1996, the NRC has determined
that this action is not a major rule and
has verified this determination with the
Office of Management and Budget.
17:31 Dec 18, 2007
Jkt 214001
1. The authority citation for Part 50
continues to read as follows:
I
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); sec. 1704,
112 Stat. 2750 (44 U.S.C. 3504 note).
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(d), and 50.103 also issued under sec.
108, 68 Stat. 939, as amended (42 U.S.C.
2138). Sections 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.C. 4332).
Sections 50.34 and 50.54 also issued under
sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued
under Pub. L. 97–415, 96 Stat. 2073 (42
U.S.C. 2239). Section 50.78 also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80–50.81 also issued under sec.
184, 68 Stat. 954, as amended (42 U.S.C.
2234). Appendix F also issued under sec.
187, 68 Stat. 955 (42 U.S.C. 2237).
2. Section 50.55a is amended by
revising the introductory text of
paragraphs (b), (b)(4), and (b)(5), and
paragraphs (f)(2), (f)(3)(iii)(A),
(f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i),
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as
follows:
I
§ 50.55a
Codes and standards.
*
Congressional Review Act (CRA)
VerDate Aug<31>2005
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
*
*
*
*
(b) The ASME Boiler and Pressure
Vessel Code and the ASME Code for
Operation and Maintenance of Nuclear
Power Plants, which are referenced in
paragraphs (b)(1), (b)(2), and (b)(3) of
this section, were approved for
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
incorporation by reference by the
Director of the Office of the Federal
Register pursuant to 5 U.S.C. 552(a) and
1 CFR part 51. NRC Regulatory Guide
1.84, Revision 34, ‘‘Design, Fabrication,
and Materials Code Case Acceptability,
ASME Section III’’ (October 2007); NRC
Regulatory Guide 1.147, Revision 15,
‘‘Inservice Inspection Code Case
Acceptability, ASME Section XI,
Division 1’’ (October 2007); and
Regulatory Guide 1.192, ‘‘Operation and
Maintenance Code Case Acceptability,
ASME OM Code,’’ (June 2003), have
been approved for incorporation by
reference by the Director of the Office of
the Federal Register pursuant to 5 U.S.C.
552(a) and 1 CFR part 51. These
Regulatory Guides list ASME Code cases
that the NRC has approved in
accordance with the requirements in
paragraphs (b)(4), (b)(5), and (b)(6).
Copies of the ASME Boiler and Pressure
Vessel Code and the ASME Code for
Operation and Maintenance of Nuclear
Power Plants may be purchased from
the American Society of Mechanical
Engineers, Three Park Avenue, New
York, NY 10016. Single copies of NRC
Regulatory Guides 1.84, Revision 34;
1.147, Revision 15; and 1.192 may be
obtained free of charge by writing the
Reproduction and Distribution Services
Section, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; or by fax to 301–415–2289; or by
e-mail to DISTRIBUTION@nrc.gov.
Copies of the ASME Codes and NRC
Regulatory Guides incorporated by
reference in this section may be
inspected at the NRC Technical Library,
Two White Flint North, 11545 Rockville
Pike, Rockville, MD 20852–2738, or at
the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
(4) Design, Fabrication, and Materials
Code Cases. Licensees may apply the
ASME Boiler and Pressure Vessel Code
cases listed in NRC Regulatory Guide
1.84, Revision 34, without prior NRC
approval subject to the following:
*
*
*
*
*
(5) Inservice Inspection Code Cases.
Licensees may apply the ASME Boiler
and Pressure Vessel Code cases listed in
Regulatory Guide 1.147, Revision 15,
without prior NRC approval subject to
the following:
*
*
*
*
*
(f) * * *
E:\FR\FM\19DER1.SGM
19DER1
mstockstill on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations
(2) For a boiling or pressurized watercooled nuclear power facility whose
construction permit was issued on or
after January 1, 1971, but before July 1,
1974, pumps and valves which are
classified as ASME Code Class 1 and
Class 2 must be designed and be
provided with access to enable the
performance of inservice tests for
operational readiness set forth in
editions and addenda of Section XI of
the ASME Boiler and Pressure Vessel
Code incorporated by reference in
paragraph (b) of this section (or the
optional ASME Code cases listed in
NRC Regulatory Guide 1.147, Revision
15, or 1.192 that are incorporated by
reference in paragraph (b) of this
section) in effect 6 months before the
date of issuance of the construction
permit. The pumps and valves may
meet the inservice test requirements set
forth in subsequent editions of this Code
and addenda which are incorporated by
reference in paragraph (b) of this section
(or the optional ASME Code Cases listed
in NRC Regulatory Guide 1.147,
Revision 15, or 1.192 that are
incorporated by reference in paragraph
(b) of this section), subject to the
applicable limitations and modifications
listed therein.
(3) * * *
(iii)(A) Pumps and valves, in facilities
whose construction permit was issued
before November 22, 1999, which are
classified as ASME Code Class 1 must
be designed and be provided with
access to enable the performance of
inservice testing of the pumps and
valves for assessing operational
readiness set forth in the editions and
addenda of Section XI of the ASME
Boiler and Pressure Vessel Code
incorporated by reference in paragraph
(b) of this section (or the optional ASME
Code cases listed in NRC Regulatory
Guide 1.147, Revision 15, or 1.192 that
are incorporated by reference in
paragraph (b) of this section) applied to
the construction of the particular pump
or valve or the Summer 1973 Addenda,
whichever is later.
*
*
*
*
*
(iv)(A) Pumps and valves, in facilities
whose construction permit was issued
before November 22, 1999, which are
classified as ASME Code Class 2 and
Class 3 must be designed and be
provided with access to enable the
performance of inservice testing of the
pumps and valves for assessing
operational readiness set forth in the
editions and addenda of Section XI of
the ASME Boiler and Pressure Vessel
Code incorporated by reference in
paragraph (b) of this section (or the
optional ASME Code Cases listed in
VerDate Aug<31>2005
17:31 Dec 18, 2007
Jkt 214001
NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in
paragraph (b) of this section) applied to
the construction of the particular pump
or valve or the Summer 1973 Addenda,
whichever is later.
*
*
*
*
*
(4) * * *
(ii) Inservice tests to verify
operational readiness of pumps and
valves, whose function is required for
safety, conducted during successive
120-month intervals must comply with
the requirements of the latest edition
and addenda of the Code incorporated
by reference in paragraph (b) of this
section 12 months before the start of the
120-month interval (or the optional
ASME Code cases listed in NRC
Regulatory Guide 1.147, Revision 15, or
1.192 that are incorporated by reference
in paragraph (b) of this section), subject
to the limitations and modifications
listed in paragraph (b) of this section.
*
*
*
*
*
(g) * * *
(2) For a boiling or pressurized watercooled nuclear power facility whose
construction permit was issued on or
after January 1, 1971, but before July 1,
1974, components (including supports)
which are classified as ASME Code
Class 1 and Class 2 must be designed
and be provided with access to enable
the performance of inservice
examination of such components
(including supports) and must meet the
preservice examination requirements set
forth in editions and addenda of Section
XI of the ASME Boiler and Pressure
Vessel Code incorporated by reference
in paragraph (b) of this section (or the
optional ASME Code cases listed in
NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in
paragraph (b) of this section) in effect
six months before the date of issuance
of the construction permit. The
components (including supports) may
meet the requirements set forth in
subsequent editions and addenda of this
Code which are incorporated by
reference in paragraph (b) of this section
(or the optional ASME Code cases listed
in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by
reference in paragraph (b) of this
section), subject to the applicable
limitations and modifications.
(3) * * *
(i) Components (including supports)
which are classified as ASME Code
Class 1 must be designed and be
provided with access to enable the
performance of inservice examination of
these components and must meet the
preservice examination requirements set
forth in the editions and addenda of
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
71755
Section XI of the ASME Boiler and
Pressure Vessel Code incorporated by
reference in paragraph (b) of this section
(or the optional ASME Code cases listed
in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by
reference in paragraph (b) of this
section) applied to the construction of
the particular component.
(ii) Components which are classified
as ASME Code Class 2 and Class 3 and
supports for components which are
classified as ASME Code Class 1, Class
2, and Class 3 must be designed and be
provided with access to enable the
performance of inservice examination of
these components and must meet the
preservice examination requirements set
forth in the editions and addenda of
Section XI of the ASME Boiler and
Pressure Vessel Code incorporated by
reference in paragraph (b) of this section
(or the optional ASME Code Cases listed
in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by
reference in paragraph (b) of this
section) applied to the construction of
the particular component.
*
*
*
*
*
(4) * * *
(i) Inservice examination of
components and system pressure tests
conducted during the initial 120-month
inspection interval must comply with
the requirements in the latest edition
and addenda of the Code incorporated
by reference in paragraph (b) of this
section on the date 12 months before the
date of issuance of the operating license
(or the optional ASME Code cases listed
in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by
reference in paragraph (b) of this
section, subject to the limitations and
modifications listed in paragraph (b) of
this section.
(ii) Inservice examination of
components and system pressure tests
conducted during successive 120-month
inspection intervals must comply with
the requirements of the latest edition
and addenda of the Code incorporated
by reference in paragraph (b) of this
section 12 months before the start of the
120-month inspection interval (or the
optional ASME Code cases listed in
NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in
paragraph (b) of this section), subject to
the limitations and modifications listed
in paragraph (b) of this section.
*
*
*
*
*
Dated at Rockville, Maryland, this 1st day
of November, 2007.
E:\FR\FM\19DER1.SGM
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71756
Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7–24478 Filed 12–18–07; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL RESERVE SYSTEM
12 CFR Part 201
[Regulation A]
Extensions of Credit by Federal
Reserve Banks
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: The Board of Governors of the
Federal Reserve System (Board) has
adopted final amendments to its
Regulation A to reflect the Board’s
approval of a decrease in the primary
credit rate at each Federal Reserve Bank.
The secondary credit rate at each
Reserve Bank automatically decreased
by formula as a result of the Board’s
primary credit rate action.
DATES: The amendments to part 201
(Regulation A) are effective December
19, 2007. The rate changes for primary
and secondary credit were effective on
the dates specified in 12 CFR 201.51, as
amended.
FOR FURTHER INFORMATION CONTACT:
Jennifer J. Johnson, Secretary of the
Board (202/452–3259); for users of
Telecommunication Devices for the Deaf
(TDD) only, contact 202/263–4869.
SUPPLEMENTARY INFORMATION: The
Federal Reserve Banks make primary
and secondary credit available to
depository institutions as a backup
source of funding on a short-term basis,
usually overnight. The primary and
secondary credit rates are the interest
rates that the twelve Federal Reserve
Banks charge for extensions of credit
under these programs. In accordance
with the Federal Reserve Act, the
primary and secondary credit rates are
established by the boards of directors of
the Federal Reserve Banks, subject to
the review and determination of the
Board.
The Board approved requests by the
Reserve Banks to decrease by 25 basis
points the primary credit rate in effect
at each of the twelve Federal Reserve
Banks, thereby decreasing from 5.00
percent to 4.75 percent the rate that
each Reserve Bank charges for
extensions of primary credit. As a result
of the Board’s action on the primary
credit rate, the rate that each Reserve
Bank charges for extensions of
secondary credit automatically
VerDate Aug<31>2005
17:31 Dec 18, 2007
Jkt 214001
decreased from 5.50 percent to 5.25
percent under the secondary credit rate
formula. The final amendments to
Regulation A reflect these rate changes.
The 25-basis-point decrease in the
primary credit rate was associated with
a similar decrease in the target for the
federal funds rate (from 4.50 percent to
4.25 percent) approved by the Federal
Open Market Committee (Committee)
and announced at the same time. A
press release announcing these actions
indicated that:
Incoming information suggests that
economic growth is slowing, reflecting the
intensification of the housing correction and
some softening in business and consumer
spending. Moreover, strains in financial
markets have increased in recent weeks.
Today’s action, combined with the policy
actions taken earlier, should help promote
moderate growth over time.
Readings on core inflation have improved
modestly this year, but elevated energy and
commodity prices, among other factors, may
put upward pressure on inflation. In this
context, the Committee judges that some
inflation risks remain, and it will continue to
monitor inflation developments carefully.
Recent developments, including the
deterioration in financial market conditions,
have increased the uncertainty surrounding
the outlook for economic growth and
inflation. The Committee will continue to
assess the effects of financial and other
developments on economic prospects and
will act as needed to foster price stability and
sustainable economic growth.
Regulatory Flexibility Act Certification
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 605(b)), the Board certifies
that the new primary and secondary
credit rates will not have a significantly
adverse economic impact on a
substantial number of small entities
because the final rule does not impose
any additional requirements on entities
affected by the regulation.
Administrative Procedure Act
The Board did not follow the
provisions of 5 U.S.C. 553(b) relating to
notice and public participation in
connection with the adoption of these
amendments because the Board for good
cause determined that delaying
implementation of the new primary and
secondary credit rates in order to allow
notice and public comment would be
unnecessary and contrary to the public
interest in fostering price stability and
sustainable economic growth. For these
same reasons, the Board also has not
provided 30 days prior notice of the
effective date of the rule under section
553(d).
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
12 CFR Chapter II
List of Subjects in 12 CFR Part 201
Banks, Banking, Federal Reserve
System, Reporting and recordkeeping.
Authority and Issuance
For the reasons set forth in the
preamble, the Board is amending 12
CFR Chapter II to read as follows:
I
PART 201—EXTENSIONS OF CREDIT
BY FEDERAL RESERVE BANKS
(REGULATION A)
1. The authority citation for part 201
continues to read as follows:
I
Authority: 12 U.S.C. 248(i)–(j), 343 et seq.,
347a, 347b, 347c, 348 et seq., 357, 374, 374a,
and 461.
2. In § 201.51, paragraphs (a) and (b)
are revised to read as follows:
I
§ 201.51 Interest rates applicable to credit
extended by a Federal Reserve Bank.1
(a) Primary credit. The interest rates
for primary credit provided to
depository institutions under § 201.4(a)
are:
Federal Reserve Bank
Boston ...........
New York ......
Philadelphia ..
Cleveland ......
Richmond ......
Atlanta ...........
Chicago .........
St. Louis ........
Minneapolis ...
Kansas City ..
Dallas ............
San Francisco
Rate
4.75
4.75
4.75
4.75
4.75
4.75
4.75
4.75
4.75
4.75
4.75
4.75
Effective
December
December
December
December
December
December
December
December
December
December
December
December
12,
11,
11,
11,
11,
11,
11,
12,
12,
13,
12,
11,
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
(b) Secondary credit. The interest
rates for secondary credit provided to
depository institutions under § 201.4(b)
are:
Federal Reserve Bank
Rate
Effective
Boston ...........
New York ......
Philadelphia ..
Cleveland ......
Richmond ......
Atlanta ...........
Chicago .........
St. Louis ........
Minneapolis ...
Kansas City ..
Dallas ............
San Francisco
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
5.25
December
December
December
December
December
December
December
December
December
December
December
December
*
*
*
*
*
12,
11,
11,
11,
11,
11,
11,
12,
12,
13,
12,
11,
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007.
2007
2007.
2007.
2007.
1 The primary, secondary, and seasonal credit
rates described in this section apply to both
advances and discounts made under the primary,
secondary, and seasonal credit programs,
respectively.
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71750-71756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24478]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AH80
Incorporation by Reference of American Society of Mechanical
Engineers Boiler and Pressure Vessel Code Cases
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to incorporate by reference the latest revisions of two
previously incorporated regulatory guides (RGs) that approve Code Cases
published by the American Society of Mechanical Engineers (ASME). These
RGs are 1.84, ``Design, Fabrication, and Materials Code Case
Acceptability, ASME Section III,'' Revision 34, and RG 1.147,
``Inservice Inspection Code Case Acceptability, ASME Section XI,
Division 1,'' Revision 15. This action allows licensees to use the Code
Cases listed in the RGs as alternatives to requirements in the ASME
Boiler and Pressure Vessel Code regarding the construction and
inservice inspection of nuclear power plant components. Concurrent with
this action, the NRC is publishing a notice of the issuance and
availability of the final RGs. As a result of these related actions,
the Code Cases listed in these RGs are incorporated by reference into
the NRC's regulations.
DATES: Effective Date: January 18, 2008. The incorporation by reference
of certain publications listed in the regulation is approved by the
Director of the Office of the Federal Register as of January 18, 2008.
FOR FURTHER INFORMATION CONTACT: L. Mark Padovan, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone 301-415-1423, e-mail lmp@nrc.gov.
SUPPLEMENTARY INFORMATION:
Availability of Documents
The NRC is making the documents identified below available to
interested persons through one or more of the following:
Public Document Room (PDR). The NRC Public Document Room is located
at 11555 Rockville Pike, Public File Area O-1F21, Rockville, Maryland.
Publicly available documents related to this rulemaking may be viewed
electronically on the public computers located at the NRC's PDR. The
PDR reproduction contractor will copy documents for a fee.
The NRC's Public Electronic Reading Room. The NRC's public
electronic reading room (e-reading room) is located at https://
www.nrc.gov/reading-rm.html. From this site, the public can gain entry
into the NRC's Agencywide Document Access and Management System
(ADAMS), which provides text and image files of NRC's public documents.
The table below shows some documents related to this rulemaking, and
their ADAMS ML numbers. If you do not have access to ADAMS, or if there
are problems in accessing the documents located in ADAMS, contact the
NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-
415-4737 or by e-mail to pdr@nrc.gov.
------------------------------------------------------------------------
Document PDR Web e-Reading room
------------------------------------------------------------------------
Final Rule--Regulatory Analysis........... X X ML070360713
RG 1.84, Rev. 34.......................... X X ML072070407
RG 1.147, Rev. 15......................... X X ML072070419
RG 1.193, Rev. 1.......................... X X ML052140501
Response to Public Comments............... X X ML071230720
------------------------------------------------------------------------
Background
The ASME develops and publishes the Boiler and Pressure Vessel Code
(BPV Code), which contains the Code requirements for the design,
construction, and inservice inspection (ISI) of nuclear power plant
components, and the Code for Operation and Maintenance of Nuclear Power
Plants (OM Code), which contains Code requirements for inservice
testing (IST) of nuclear power plant components. In response to BPV and
OM Code user requests, the ASME develops Code Cases which provide
alternatives to BPV and OM Code requirements under special
circumstances.
The NRC staff reviews ASME BPV and OM Code Cases, rules upon the
acceptability of each Code Case, and publishes its findings in RGs. The
RGs are revised periodically as new Code Cases are published by the
ASME. The NRC incorporates by reference the RGs listing acceptable and
conditionally acceptable ASME Code Cases in 10 CFR 50.55a. Currently,
NRC RG 1.84, Revision 33, ``Design, Fabrication, and Materials Code
Case Acceptability, ASME Section III,'' NRC RG 1.147, Revisions 0
through 14, ``Inservice Inspection Code Case Acceptability, ASME
Section XI, Division 1,'' and NRC RG 1.192, ``Operation and Maintenance
Code Case Acceptability, ASME OM Code'' are incorporated into NRC's
regulations, specifically 10 CFR 50.55a, ``Codes and Standards.''
This final rule incorporates by reference the latest revisions of
the NRC RGs that list acceptable and conditionally acceptable ASME BPV
Code Cases. RG 1.84, Revision 34 supersedes the incorporation by
reference of Revision 33 and RG 1.147, Revision 15 supersedes the
incorporation by reference of Revisions 0 through 14. Revision 15 of RG
1.147 supersedes all previous revisions of the RG. To make RG 1.147
easier to use, there was an effort to ensure that the tables of
annulled Code Cases in Revision 15 were all inclusive. The result
should be that licensees will no longer have to refer to multiple
versions of this RG in managing Code Case usage in their ISI programs.
RG 1.192, ``Operation and Maintenance Code Case Acceptability, ASME OM
Code'' (June 2003), has not been revised because no new OM Code Cases
have been
[[Page 71751]]
published by the ASME since the last NRC staff review.
RG 1.193, ``ASME Code Cases Not Approved for Use,'' lists the Code
Cases that the NRC has determined are not acceptable for generic use.
This guide complements RG 1.84 and RG 1.147 which list the Code Cases
that the NRC has determined to be acceptable alternatives to applicable
provisions of Section III and Section XI, respectively. Revision 1 to
RG 1.193, issued in August 2005, is the latest available revision. On
May 19, 2006, Revision 2 of the guide was issued for public comment
(Draft Guide DG-1135, ML061210429). The public comment period closed on
July 14, 2006. No comment letters were received. Issuance of the final
guide was held pending the resolution of public comments on RGs 1.84
and 1.147 to determine if changes to these guides would necessitate a
change to RG 1.193. No changes to the draft guide are necessary, and
the final guide was issued in October 2007 through a separate notice.
The ASME recently changed its policy with regard to the effective
period for Code Cases. Previously, a Code Case was approved with a 3-
year expiration date. With the policy change, a Code Case is approved
without an expiration date and is effective until the ASME takes
action. Some of the Code Cases listed in the RGs were reviewed by the
NRC prior to implementation of the new policy (i.e., Code Case
reaffirmation dates appear in some tables). Subsequent revisions of the
RGs will reflect the discontinuance of expiration dates.
The endorsement of a Code Case in NRC RGs constitutes acceptance of
its technical position for applications not precluded by regulatory or
other requirements or by the recommendations in these or other RGs. The
licensee is responsible for ensuring that use of the Code Case does not
conflict with regulatory requirements or licensee commitments. The Code
Cases listed in the RGs are acceptable for use within the limits
specified in the Code Case.
Code Cases may be revised for many reasons, for example to
incorporate operational examination and testing experience and to
update material requirements based on research results. On occasion, an
inaccuracy in an equation is discovered or an examination as practiced
is found not to be adequate to detect a newly discovered degradation
mechanism. Hence, when a licensee initially implements a Code Case, 10
CFR 50.55a requires that the licensee implement the most recent version
of that Code Case as listed in the RGs incorporated by reference. Code
Cases superseded by revision are no longer acceptable for initial
application unless otherwise indicated.
Section III applies only to new construction (i.e., the edition and
addenda to be used in the construction of a plant are selected based on
the date of the construction permit and are not changed thereafter,
except voluntarily by the licensee). Hence, if a Section III Code Case
is implemented by a licensee and a later version of the Code Case is
incorporated by reference into Sec. 50.55a and listed in the RGs, the
licensee may use either version of the Code Case (subject, however, to
whatever change requirements apply to its licensing basis, e.g., 10 CFR
50.59).
Section XI ISI and OM IST programs are updated every 10 years to
the latest edition and addenda of Section XI that was incorporated by
reference into Sec. 50.55a and in effect 12 months before the start of
the next inspection and testing interval. Licensees who were using a
Code Case prior to the effective date of its revision may continue to
use the previous version for the remainder of the 120-month ISI or IST
interval. This relieves licensees of the burden of having to update
their ISI or IST program each time a Code Case is revised by the ASME
and approved for use by the NRC. Since Code Cases are applicable to
specific editions and addenda, and since Code Cases may be revised
because they are no longer accurate or adequate, licensees choosing to
continue using a Code Case during the subsequent ISI/IST interval must
implement the latest version incorporated by reference into Sec.
50.55a and listed in the RGs.
The ASME may annul Code Cases that are no longer required, are
determined to be inaccurate or inadequate, or have been incorporated
into the BPV or OM Code. If a licensee applied a Code Case before it
was listed as annulled or expired, the licensee may continue to use the
Code Case until the licensee updates its construction Code of Record or
until the licensee's 120-month ISI/IST update interval expires, after
which the continued use of the Code Case is prohibited unless NRC
approval is granted under Sec. 50.55a(a)(3). If a Code Case is
incorporated by reference into 10 CFR 50.55a and later annulled by the
ASME because experience has shown that the design analysis,
construction method, examination method, or testing method is
inadequate, the NRC will amend 10 CFR 50.55a and the relevant RG to
remove the approval of the annulled Code Case. Licensees should not
begin to implement such annulled Code Cases in advance of the
rulemaking.
Concurrent with this action, the NRC is publishing notices of
availability of these RGs listing acceptable ASME BPV Code Cases.
Discussion of Comments
The NRC received no comments on the proposed rulemaking, and 11
public comment letters on the draft regulatory guides. The comments
relate to the associated notice of issuance and availability of the
proposed RGs (71 FR 62947; October 27, 2006), as discussed below.
RG 1.84, Code Case N-659
Eight of the comments pertained to proposed Revision 34 of
Regulatory Guide 1.84. Specifically, all of the comments addressed Code
Case N-659, ``Use of Ultrasonic Examination in Lieu of Radiography for
Weld Examination, Section III, Division 1.'' All of the commenters had
concerns relative to the conditions proposed by the NRC. Several
commenters stated that further clarification was needed, and the
demonstration program needed to be better defined. Other commenters
believed that there was no need to require blind procedure and
personnel demonstrations since a blind personnel demonstration would be
sufficient, in their opinion, to also demonstrate the procedure. Some
specific questions were raised, such as the number of flaws required
for the procedure demonstration and false calls.
NRC Response: As noted above, the Statement of Considerations
(Federal Register Notice 71 FR 62947, published on October 27, 2006)
discussed the NRC's intent to add conditions to Code Case N-659 in the
final guide unless public comments were received indicating that the
staff's proposed technical bases for the conditions were incorrect, not
applicable, unnecessary, or not justified. Because interest in using
the code case had been expressed by the industry, the NRC developed the
proposed conditions in an attempt to resolve the NRC's technical
concerns and make the code case available for use. Public comments were
received raising issues with the proposed NRC approach. In a separate
Federal Register Notice (71 FR 32615) published for public comment on
June 6, 2006, the industry had been notified that the NRC had
determined that changes made to the code case by ASME International,
published as Code Case N-659-1, were not acceptable to the NRC.
Accordingly, given the NRC's technical concerns with the
demonstration program, the issues
[[Page 71752]]
raised in the public comments, and that the changes to Code Case N-659
resulting in Revision 1 to the code case are not acceptable to the NRC,
the NRC has determined that a more effective approach for developing a
suitable performance demonstration program would be to work with ASME
International. Thus, Code Case N-659 will not be endorsed in the final
regulatory guide, and the NRC staff will work through the ASME Code
process to resolve the issues. To ensure that all stakeholders
understand the NRC staff's concerns, responses have been developed to
some of the public comments on Code Case N-659 dealing with the concept
and motive for performance demonstration. The NRC's responses can be
found in the ``Response to Public Comments'' document which is
available to the public as indicated in the ``Availability of
Documents'' section of this preamble. Responses are not provided for
many of the public comments addressing details such as acceptance
criteria, as these will be dependent on the scope of the performance
demonstration program. The responses should be considered as the
staff's preliminary positions on the issues.
RG 1.147
Code Case N-532-4
A commenter suggested that the NRC should consider listing Code
Case N-532, Revision 4, rather than Code Case N-532, Revision 3,
because Revision 4 addresses the proposed condition in the draft
regulatory guide.
NRC Response: The NRC had conditionally approved previous revisions
of the Code Case requiring that the inspection report be submitted
within 90 days of the completion of each refueling outage. Under the
provisions of Revision 3, it could have been several years before
licensees submitted the inspection report. Since the change resulting
in Code Case N-532-4 is consistent with the previously established
regulatory position, the commenter's suggestion has been adopted, and
Revision 4 to the Code Case is included in the final guide.
Code Case N-504-2
Two comments were received on Code Case N-504, Revision 2. The
first comment was that the reference for obtaining a copy of Section
XI, Appendix Q, ``Weld Overlay Repair of Class 1, 2, and 3 Austenitic
Stainless Steel Piping Weldments,'' was incorrect.
NRC Response to the first comment: It was an oversight to not
delete this reference in the draft guide. Accordingly, the reference
has been removed in the final guide.
The second comment on Code Case N-504-2 was that the NRC should
consider listing Code Case N-504-3, rather than Code Case N-504-2,
because Revision 3 addresses the proposed conditions in the draft
regulatory guide.
NRC Response: The revisions in Revision 3 are administrative in
nature addressing use of the Code Case with various editions and
addenda of Section XI. As these changes to the Code Case are
administrative in nature and address the proposed conditions, Code Case
N-504-3 is included in the final guide.
Code Case N-554-3
A commenter suggested that the NRC remove the limitation on Code
Case N-554, Revision 3, consistent with NRC's letter of August 23,
2006, to Mr. Ken Balkey, Vice President Nuclear Codes and Standards.
NRC Response: In that letter, the NRC stated that it had evaluated
ASME International's position on the Code Case, and concluded that
there was a reasonable basis for pursuing the removal of the limitation
on the Code Case. At the time that the letter was transmitted, the
draft regulatory guide was in final concurrence. Hence, it was decided
to address this issue in the subsequent revision. However, since the
comment is consistent with the regulatory position, the NRC has
determined that the limitation can be removed in the final guide. Thus,
Code Case N-554-3 will be unconditionally approved in the final guide.
Code Case N-567-1
A commenter suggested that, based on the same letter to Mr. Ken
Balkey described above, the proposed limitation for Code Case N-567,
Revision 1, should also be removed. The commenter pointed out that the
basis for removing the limitation on Code Case N-554-3 equally applies
to Code Case N-567-1.
NRC Response: The NRC agrees, and Code Case N-554-3 will be
unconditionally approved in the final guide.
Code Case N-533-1
A commenter suggested that the limitations on Code Case N-533,
Revision 1, be worded consistent with those in Revision 14 of
Regulatory Guide 1.147.
NRC Response: There was no intent to modify the intent of the
condition in Revision 15. The intent was to make the condition more
succinct. In accordance with the commenter's suggestion, the more
descriptive condition contained in Revision 14 will be retained in the
final Revision 15.
Code Case N-460
In the draft guide, the NRC proposed to condition Code Case N-460
relative to the manner in which it could be used in conjunction with
Code Case N-659. Several commenters suggested that this was not
necessary. The commenters believed that the provisions of the Code Case
N-460 would prohibit the use of it in the manner discussed, and also
suggested that the proposed condition would be burdensome.
NRC Response: The comments raise additional issues that need
further consideration. Since these issues are associated with Code Case
N-659, and it is not presently being accepted, issues with Code Case N-
460 do not need to be resolved at this time. Accordingly, Code Case N-
460 will not be conditioned in the final guide.
Code Case N-517-1
A commenter suggested that the limitation on Code Case N-517,
Revision 1, should be removed.
NRC Response: Several years ago, NRC staff raised a concern that
the Code Case was not consistent with 10 CFR 50, Appendix B, in that it
would permit the purchase of materials from sources that do not have
approved QA programs. However, the NRC has determined that the
requirements of Appendix B are law and remain in effect even when a
Code Case takes exception or is otherwise silent on the issue.
Accordingly, the condition on Code Case N-517-1 has been removed in the
final guide.
Code Cases N-619 and N-648-1
A commenter requested that the NRC clarify the conditions for
approval for both Code Case N-619 and N-648, Revision 1. Specifically,
clarification was requested relative to the reference to external
surfaces on the inner radius of the nozzle.
NRC Response: The conditions in the final guide have been clarified
to indicate that the external surface is from point M to point N in the
figure.
Code Case N-706
A commenter recommended that the NRC considers including Code Case
N-706 in Revision 15 to Regulatory Guide 1.147.
NRC Response: As indicated by the commenter, the NRC has previously
approved the strategy identified in Code Case N-706 in relief requests.
Technical Letter Report, ``Assessment of ASME Code Examinations on
Regenerative, Letdown and Residual Heat Removal Heat Exchangers,''
Pacific Northwest
[[Page 71753]]
National Laboratory (PNNL), dated July 2004, gives a technical basis
for acceptance of the Code Case. PNNL reviewed the component design,
operating conditions, preventative maintenance practices, potential
degradation mechanisms, failure history, and risk assessments for these
heat exchanges. It concluded that with this change in inspection
strategy identified in Code Case N-706, failure frequencies would
remain very low, and there would be little impact on core damage or
large early release frequencies. In addition, this change would
significantly reduce occupational exposures. The NRC has determined
that the alternative examination of the subject component provides
reasonable assurance of structural integrity. Accordingly, the NRC
agrees with the commenter's suggestion, and Code Case N-706 has been
approved in the final guide.
Paragraph-by-Paragraph Discussion
On October 27, 2006, the NRC published notices of the proposed
rulemaking and availability of proposed revisions to RGs 1.84 and 1.147
(71 FR 62942 and 71 FR 62947). The NRC has considered the public
comments on these RGs and has resolved those comments by modifying the
guides, as appropriate, or providing its rationale for not doing so.
This rulemaking amends 10 CFR 50.55a to incorporate by reference RG
1.84 Revision 34, in place of Revision 33, and RG 1.147 Revision 15, in
place of Revisions 0 through 14.
Paragraph 50.55a(b)
In Sec. 50.55a(b), (b)(4), and (b)(5), the reference to the
revision number for RG 1.84 is changed from ``Revision 33'' to
``Revision 34,'' and the reference to the revision numbers for RG 1.147
is changed to ``Revision 15.''
Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii),
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii)
In these paragraphs, the phrase indicating that revisions of RG
1.147 ``through Revision 14'' are the versions that are incorporated by
reference in Sec. 50.55a(b) is modified to read ``Revision 15.''
Incorporation by reference of Revision 15 of RG 1.147 supersedes the
incorporation by reference of all previous revisions. The tables of
annulled and superseded Code Cases have been reviewed to ensure that
the lists are all inclusive.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires agencies to use technical standards developed or
adopted by voluntary consensus standards bodies unless the use of such
standards is inconsistent with applicable law or is otherwise
impractical. In this action, the NRC is amending its regulations to
incorporate by reference RGs that list ASME BPV Code Cases approved by
the NRC. ASME Code Cases, which are ASME-approved alternatives to the
provisions of ASME Code editions and addenda, are national consensus
standards, as defined in Pub. L. 104-113 and OMB Circular A-119. They
are developed by bodies whose members (including the NRC and utilities)
have broad and varied interests.
The NRC reviews each Section III and Section XI Code Case published
by the ASME to ascertain whether it is consistent with the safe
operation of nuclear power plants. Those Code Cases found to be
generically acceptable are listed in the RGs that are incorporated by
reference in Sec. 50.55a(b). Those that are found to be unacceptable
are listed in RG 1.193, titled Code Cases not Approved for Use; but
licensees may still seek NRC's approval to apply these Code Cases
through the relief request process permitted in Sec. 50.55a(a)(3).
Other Code Cases, which the NRC finds to be conditionally acceptable,
are also listed in the RGs that are incorporated by reference along
with the modifications and limitations under which they may be applied.
If the NRC did not conditionally accept ASME Code Cases, it would
disapprove these Code Cases entirely. The effect would be that
licensees would need to submit a larger number of relief requests which
would be an unnecessary additional burden for both the licensee and the
NRC. The NRC believes that this situation fits the definition of
``impractical'' under Pub. L. 104-113. For these reasons, the treatment
of ASME BPV Code Cases, and modifications and conditions placed on
them, in this final rule does not conflict with any policy on agency
use of consensus standards specified in OMB Circular A-119.
Finding of No Significant Environmental Impact: Environmental
Assessment
This action stems from the Commission's practice of incorporating
by reference the RGs listing the most recent set of NRC-approved ASME
Code Cases. The purpose of this action is to allow licensees to use the
Code Cases listed in the RGs as alternatives to requirements in the
ASME BPV Code for the construction and inservice inspection of nuclear
power plant components. This action is intended to advance the NRC's
strategic goals of protecting the public health, safety, and the
environment, ensuring openness in the regulatory process, and promoting
regulatory effectiveness and efficiency. It also demonstrates the
agency's commitment to participate in the national consensus standards
process under the National Technology Transfer and Advancement Act of
1995, Pub. L. 104-113.
The National Environmental Policy Act (NEPA), Pub. L. 97-190 (42
U.S.C. 4321, et seq.), as amended, requires Federal government agencies
to study the impacts of their ``major Federal actions significantly
affecting the quality of the human environment,'' and prepare detailed
statements on the environmental impacts of the action and alternatives
to the action (42 U.S.C. 4332(2)(C)).
The Commission has determined under NEPA, as amended, and the
Commission's regulations in Subpart A of 10 CFR Part 51 that this rule
would not be a major Federal action significantly affecting the quality
of the human environment. Therefore, an environmental impact statement
is not required.
As alternatives to the ASME Code, NRC-approved Code Cases provide
an equivalent level of safety. Therefore, the probability or
consequences of accidents is not changed. There are also no
significant, non-radiological impacts associated with this action
because no changes would be made affecting non-radiological plant
effluents nor in activities that would adversely affect the
environment.
The determination of this environmental assessment is that there
will be no significant offsite impact to the public from this action.
The NRC sought public comments and the views of the States on this
assessment but received none.
Paperwork Reduction Act Statement
This final rule does not contain a new or an 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
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
unless the requesting document displays a currently valid OMB control
number.
[[Page 71754]]
Regulatory Analysis
The ASME Code Cases listed in the RGs to be incorporated by
reference provide voluntary alternatives to the provisions in the ASME
BPV Code for design, construction, and ISI of specific structures,
systems, and components used in nuclear power plants. Implementation of
these Code Cases is not required. Licensees use NRC-approved ASME Code
Cases to reduce unnecessary regulatory burden or gain additional
operational flexibility. It would be difficult for the NRC to provide
these advantages independently of the ASME Code Case publication
process without expending considerable additional resources. The NRC
has prepared a regulatory analysis addressing the qualitative benefits
of the alternatives considered in this final rulemaking and comparing
the costs associated with each alternative. The regulatory analysis is
available for inspection on public computers in the NRC Public Document
Room, located at One White Flint North, 11555 Rockville Pike,
Rockville, Maryland, Room O-1 F21. Copies of the regulatory analysis
are also available to the public as indicated under the Availability of
Documents heading in this preamble.
Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
Commission certifies that this final rule will not impose a significant
economical impact on a substantial number of small entities. This final
rule affects only the licensing and operation of nuclear power plants.
The companies that own these plants are not ``small entities'' as
defined in the Regulatory Flexibility Act or the size standards
established by the NRC (10 CFR 2.810).
Backfit Analysis
The provisions in this final rulemaking allow licensees to
voluntarily apply NRC-approved Code Cases, sometimes with modifications
or conditions. Therefore, the voluntary implementation of an approved
Code Case does not constitute a backfit. Thus, the Commission finds
that this final rule does not involve any provisions that constitute a
backfit as defined in 10 CFR 50.109(a)(1), that the backfit rule does
not apply to this final rule, and that a backfit analysis is not
required.
Congressional Review Act (CRA)
Under the Congressional Review Act (CRA) of 1996, the NRC has
determined that this action is not a major rule and has verified this
determination with the Office of Management and Budget.
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Radiation protection, Reactor siting
criteria, Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble, and under the authority of
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
0
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);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
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(d),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 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.C. 4332). Sections 50.34 and 50.54 also issued
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58,
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184,
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
0
2. Section 50.55a is amended by revising the introductory text of
paragraphs (b), (b)(4), and (b)(5), and paragraphs (f)(2),
(f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i),
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(b) The ASME Boiler and Pressure Vessel Code and the ASME Code for
Operation and Maintenance of Nuclear Power Plants, which are referenced
in paragraphs (b)(1), (b)(2), and (b)(3) of this section, were approved
for incorporation by reference by the Director of the Office of the
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. NRC
Regulatory Guide 1.84, Revision 34, ``Design, Fabrication, and
Materials Code Case Acceptability, ASME Section III'' (October 2007);
NRC Regulatory Guide 1.147, Revision 15, ``Inservice Inspection Code
Case Acceptability, ASME Section XI, Division 1'' (October 2007); and
Regulatory Guide 1.192, ``Operation and Maintenance Code Case
Acceptability, ASME OM Code,'' (June 2003), have been approved for
incorporation by reference by the Director of the Office of the Federal
Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These
Regulatory Guides list ASME Code cases that the NRC has approved in
accordance with the requirements in paragraphs (b)(4), (b)(5), and
(b)(6). Copies of the ASME Boiler and Pressure Vessel Code and the ASME
Code for Operation and Maintenance of Nuclear Power Plants may be
purchased from the American Society of Mechanical Engineers, Three Park
Avenue, New York, NY 10016. Single copies of NRC Regulatory Guides
1.84, Revision 34; 1.147, Revision 15; and 1.192 may be obtained free
of charge by writing the Reproduction and Distribution Services
Section, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
or by fax to 301-415-2289; or by e-mail to DISTRIBUTION@nrc.gov. Copies
of the ASME Codes and NRC Regulatory Guides incorporated by reference
in this section may be inspected at the NRC Technical Library, Two
White Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
* * * * *
(4) Design, Fabrication, and Materials Code Cases. Licensees may
apply the ASME Boiler and Pressure Vessel Code cases listed in NRC
Regulatory Guide 1.84, Revision 34, without prior NRC approval subject
to the following:
* * * * *
(5) Inservice Inspection Code Cases. Licensees may apply the ASME
Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147,
Revision 15, without prior NRC approval subject to the following:
* * * * *
(f) * * *
[[Page 71755]]
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, pumps and valves which are classified as
ASME Code Class 1 and Class 2 must be designed and be provided with
access to enable the performance of inservice tests for operational
readiness set forth in editions and addenda of Section XI of the ASME
Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b) of this section (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by
reference in paragraph (b) of this section) in effect 6 months before
the date of issuance of the construction permit. The pumps and valves
may meet the inservice test requirements set forth in subsequent
editions of this Code and addenda which are incorporated by reference
in paragraph (b) of this section (or the optional ASME Code Cases
listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are
incorporated by reference in paragraph (b) of this section), subject to
the applicable limitations and modifications listed therein.
(3) * * *
(iii)(A) Pumps and valves, in facilities whose construction permit
was issued before November 22, 1999, which are classified as ASME Code
Class 1 must be designed and be provided with access to enable the
performance of inservice testing of the pumps and valves for assessing
operational readiness set forth in the editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that
are incorporated by reference in paragraph (b) of this section) applied
to the construction of the particular pump or valve or the Summer 1973
Addenda, whichever is later.
* * * * *
(iv)(A) Pumps and valves, in facilities whose construction permit
was issued before November 22, 1999, which are classified as ASME Code
Class 2 and Class 3 must be designed and be provided with access to
enable the performance of inservice testing of the pumps and valves for
assessing operational readiness set forth in the editions and addenda
of Section XI of the ASME Boiler and Pressure Vessel Code incorporated
by reference in paragraph (b) of this section (or the optional ASME
Code Cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section) applied to
the construction of the particular pump or valve or the Summer 1973
Addenda, whichever is later.
* * * * *
(4) * * *
(ii) Inservice tests to verify operational readiness of pumps and
valves, whose function is required for safety, conducted during
successive 120-month intervals must comply with the requirements of the
latest edition and addenda of the Code incorporated by reference in
paragraph (b) of this section 12 months before the start of the 120-
month interval (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by
reference in paragraph (b) of this section), subject to the limitations
and modifications listed in paragraph (b) of this section.
* * * * *
(g) * * *
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, components (including supports) which
are classified as ASME Code Class 1 and Class 2 must be designed and be
provided with access to enable the performance of inservice examination
of such components (including supports) and must meet the preservice
examination requirements set forth in editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section) in effect
six months before the date of issuance of the construction permit. The
components (including supports) may meet the requirements set forth in
subsequent editions and addenda of this Code which are incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section), subject to
the applicable limitations and modifications.
(3) * * *
(i) Components (including supports) which are classified as ASME
Code Class 1 must be designed and be provided with access to enable the
performance of inservice examination of these components and must meet
the preservice examination requirements set forth in the editions and
addenda of Section XI of the ASME Boiler and Pressure Vessel Code
incorporated by reference in paragraph (b) of this section (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in paragraph (b) of this
section) applied to the construction of the particular component.
(ii) Components which are classified as ASME Code Class 2 and Class
3 and supports for components which are classified as ASME Code Class
1, Class 2, and Class 3 must be designed and be provided with access to
enable the performance of inservice examination of these components and
must meet the preservice examination requirements set forth in the
editions and addenda of Section XI of the ASME Boiler and Pressure
Vessel Code incorporated by reference in paragraph (b) of this section
(or the optional ASME Code Cases listed in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by reference in paragraph (b) of
this section) applied to the construction of the particular component.
* * * * *
(4) * * *
(i) Inservice examination of components and system pressure tests
conducted during the initial 120-month inspection interval must comply
with the requirements in the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section on the date
12 months before the date of issuance of the operating license (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in paragraph (b) of this
section, subject to the limitations and modifications listed in
paragraph (b) of this section.
(ii) Inservice examination of components and system pressure tests
conducted during successive 120-month inspection intervals must comply
with the requirements of the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section 12 months
before the start of the 120-month inspection interval (or the optional
ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that
are incorporated by reference in paragraph (b) of this section),
subject to the limitations and modifications listed in paragraph (b) of
this section.
* * * * *
Dated at Rockville, Maryland, this 1st day of November, 2007.
[[Page 71756]]
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-24478 Filed 12-18-07; 8:45 am]
BILLING CODE 7590-01-P
