Worker Safety and Health Program, 59947-59957 [2017-27190]
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59947
Rules and Regulations
Federal Register
Vol. 82, No. 241
Monday, December 18, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF ENERGY
10 CFR Part 851
[AU–RM–16–WSHP]
RIN 1992–AA55
Worker Safety and Health Program
Office of Environment, Health,
Safety and Security, U.S. Department of
Energy.
ACTION: Final rule; technical
amendment.
AGENCY:
The Department of Energy
(DOE) is amending the worker safety
and health program regulations to
update the safety and health standards
and delete the obsolete directives
currently incorporated by reference in
the code of federal regulations. The
regulatory amendments do not alter
substantive rights or obligations under
current law.
DATES: This rulemaking is effective
January 17, 2018. The incorporation by
reference of certain publications listed
in this rulemaking is approved by the
Director of the Federal Register on
January 17, 2018. Compliance is
required starting January 17, 2019.
FOR FURTHER INFORMATION CONTACT: Bill
McArthur, U.S. Department of Energy,
Office of Environment, Health, Safety
and Security, AU–11, 1000
Independence Avenue SW, Washington,
DC 20585. Telephone: (301) 903–6061.
Email: bill.mcarthur@hq.doe.gov.
Daniel Cohen, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone:
(202) 586–9523. Email: daniel.cohen@
hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final
rule incorporates by reference into part
851 complete and specific sections of
the following industry safety and health
standards:
1. American Conference of
Governmental Industrial Hygienists
(ACGIH®), Threshold Limit Values for
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Chemical Substances and Physical
Agents and Biological Exposure Indices,
(2016).
A copy of the ACGIH® Threshold
Limit Values for Chemical Substances
and Physical Agents and Biological
Exposure Indices, (2016) can be
obtained from: ACGIH®, 1330 Kemper
Meadow Drive, Cincinnati, OH 45240.
Telephone number 513–742–2020, or go
to: https://www.acgih.org.
2. ANSI Z49.1–2012, American
National Standard Safety in Welding,
Cutting and Allied Processes, sections
4.3 and E4.3, ANSI approved March 9,
2012.
3. ANSI/ASSE Z88.2–2015, American
National Standard Practices for
Respiratory Protection, ANSI approved
March 4, 2015.
4. ANSI Z136.1–2014, American
National Standard for Safe Use of
Lasers, ANSI approved December 10,
2013.
Copies of ANSI Z49.1–2012, Z88.2–
2015, and ANSI Z136.1–2014 can be
obtained from the American National
Standards Institute Headquarters, 1899
L Street NW, 11th Floor, Washington,
DC 20036. Telephone number: 202–
293–8020, or go to: https://www.ansi.org.
5. The American Society of
Mechanical Engineers (ASME) Boiler
and Pressure Vessel Code (BPVC)–2015,
2015 edition, issued July 1, 2015.
(a) ASME BPVC.I–2015, Section I—
Rules for Construction of Power Boilers;
(b) ASME BPVC.II.A–2015, Section
II—Materials, Part A—Ferrous Material
Specifications (Beginning to SA–450);
(c) ASME BPVC.II.A–2015, Section
II—Materials, Part A—Ferrous Material
Specifications (SA–451 to End);
(d) ASME BPVC.II.B–2015, Section
II—Materials, Part B—Nonferrous
Material Specifications;
(e) ASME BPVC.II.C–2015, Section
II—Materials, Part C—Specification for
Welding Rods, Electrodes, and Filler
Metals;
(f) ASME BPVC.II.D.C–2015, Section
II—Materials, Part D—Properties
(Customary);
(g) ASME BPVC.II.D.M–2015, Section
II—Materials, Part D—Properties
(Metric);
(h) ASME BPVC.III.A–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Appendices;
(i) ASME BPVC.III.1.NB–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NB, Class 1 Components;
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(j) ASME BPVC.III.1.NC–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NC, Class 2 Components;
(k) ASME BPVC.III.1.ND–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection ND, Class 3 Components;
(l) ASME BPVC.III.1.NE–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NE, Class MC
Components;
(m) ASME BPVC.III.1.NF–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NF, Supports;
(n) ASME BPVC.III.1.NG–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NG, Core Support
Structures;
(o) ASME BPVC.III.1.NH–2015,
Section III—Rules for Construction of
Nuclear Facility Components, Division
I—Subsection NH, Class 1 Components
in Elevated Temperature Service;
(p) ASME BPVC.III.NCA–2015,
Section III—Rules for Construction of
Nuclear Facility Components,
Subsection NCA, General Requirements
for Division 1 and Division 2;
(q) ASME BPVC.III.2–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division 2, Code
for Concrete Containments;
(r) ASME BPVC.III.3–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division 3,
Containment for Transportation and
Storage of Spent Nuclear Fuels and
High Level Radioactive Material and
Waste;
(s) ASME BPVC.III.5–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division 5, High
Temperature Reactors;
(t) ASME BPVC.IV–2015, Section IV,
Rules for Construction of Heating
Boilers;
(u) ASME BPVC.V–2015, Section V,
Nondestructive Examination;
(v) ASME BPVC.VI–2015, Section VI,
Recommended Rules for the Care and
Operation of Heating Boilers;
(w) ASME BPVC.VII–2015, Section
VII, Recommended Guidelines for the
Care of Power Boilers;
(x) ASME BPVC.VIII.1–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 1;
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(y) ASME BPVC.VIII.2–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 2, Alternative Rules;
(z) ASME BPVC.VIII.3–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 3, Alternative Rules for
Construction of High Pressure Vessels;
(aa) ASME BPVC.IX–2015, Section
IX—Welding, Brazing and Fusing
Qualifications, Qualification Standard
for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and
Welding, Brazing, and Fusing Operators;
(bb) ASME BPVC.X–2015, Section X,
Fiber-Reinforced Plastic Pressure
Vessels;
(cc) ASME BPVC.XI–2015, Section XI,
Rules for Inservice Inspection of Nuclear
Power Plant Components;
(dd) ASME BPVC.XII–2015, Section
XII, Rules for Construction and
Continued Service of Transport Tanks;
(ee) ASME BPVC.CC.BPV–2015, Code
Cases, Boilers and Pressure Vessels; and
(ff) ASME BPVC.CC.NC–2015, Code
Cases, Nuclear Components.
6. ASME B31.1–2016, Power Piping,
ASME Code for Pressure Piping, B31,
issued June 30, 2016.
7. ASME B31.3–2014, Process Piping,
ASME Code for Pressure Piping, B31,
issued February 27, 2015.
8. ASME B31.4–2016, Pipeline
Transportation Systems for Liquids and
Slurries, ASME Code for Pressure
Piping, B31, issued March 31, 2016.
9. ASME B31.5–2016, Refrigeration
Piping and Heat Transfer Components,
ASME Code for Pressure Piping, B31,
issued June 29, 2016.
10. ASME B31.8–2016, Gas
Transmission and Distribution Piping
Systems, ASME Code for Pressure
Piping, B31, issued September 30, 2014.
11. ASME B31.8S–2014, Managing
System Integrity of Gas Pipelines, ASME
Code for Pressure Piping, B31,
Supplement to ASME B31.8, issued
September 30, 2014.
12. ASME B31.9–2014, Building
Services Piping, ASME Code for
Pressure Piping, B31, issued April 28,
2014.
13. ASME B31G–2012, Manual for
Determining the Remaining Strength of
Corroded Pipelines, Supplement to
ASME B31 Code for Pressure Piping,
issued October 24, 2012.
Copies of ASME BPVC–2015, BPVC.I–
2015, BPVC.II.A–2015, BPVC.II.A–2015,
BPVC.II.B–2015, BPVC.II.C–2015,
BPVC.II.D.C–2015, BPVC.II.D.M–2015,
BPVC.III.A–2015, BPVC.III.1.NB–2015,
BPVC.III.1.NC–2015, BPVC.III.1.ND–
2015, BPVC.III.1.NE–2015,
BPVC.III.1.NF–2015, BPVC.III.1.NG–
2015, BPVC.III.1.NH–2015,
BPVC.III.NCA–2015, BPVC.III.2–2015,
BPVC.III.3–2015, BPVC.III.5–2015,
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BPVC.IV–2015, BPVC.V–2015,
BPVC.VI–2015, BPVC.VII–2015,
BPVC.VIII.1–2015, BPVC.VIII.2–2015,
BPVC.VIII.3–2015, BPVC.IX–2015,
BPVC.X–2015, BPVC.XI–2015,
BPVC.XII–2015, BPVC.CC.BPV–2015,
BPVC.CC.NC–2015, B31.1–2016, B31.3–
2016, B31.4–2016, B31.5–2016, B31.8–
2016, B31.8S–2014, B31.9–2014 and
B31G–2012 can be obtained from:
American Society of Mechanical
Engineers (ASME), P.O. Box 2300
Fairfield, NJ 07007. Telephone: 800–
843–2763, or got to: https://
www.asme.org.
14. National Fire Protection
Association (NFPA) 70, National
Electric Code, (2017), issued August 4,
2016.
15. NFPA 70E, Standard for Electrical
Safety in the Workplace, (2015 edition),
July 14, 2014.
Copies of NFPA 70 (2017) and 70E
(2015) can be obtained from: National
Fire Protection Association, One
Batterymarch Park, Quincy, MA 02169.
Telephone: 617 770–3000, or go to:
https://www.nfpa.org.
For a further discussion of these
standards, see section II.
(AEC) to protect health and promote
safety during the performance of
activities under the AEA. See Sec.
31a.(5) of AEA, 42 U.S.C. 2051(a)(5);
Sec. 161b. of AEA, 42 U.S.C 2201(b);
Sec. 161i.(3) of AEA, 42 U.S.C.
2201(i)(3); and Sec. 161p. of AEA, 42
U.S.C. 2201(p). The ERA abolished the
AEC and replaced it with the Nuclear
Regulatory Commission (NRC), which
became responsible for the licensing of
commercial nuclear activities, and the
Energy Research and Development
Administration (ERDA), which became
responsible for the other functions of
the AEC under the AEA, as well as
several nonnuclear functions. The ERA
authorized ERDA to use the regulatory
authority under the AEA to carry out its
nuclear and nonnuclear function,
including those functions that might
become vested in ERDA in the future.
See Sec. 105(a) of ERA, 42 U.S.C.
5815(a); and Sec. 107 of ERA, 42 U.S.C.
5817. The DOEOA transferred the
functions and authorities of ERDA to
DOE. See Sec. 301(a) of DOEOA, 42
U.S.C. 7151(a); Sec. 641 of DOEOA, 42
U.S.C. 7251; and Sec. 644 of DOEOA, 42
U.S.C. 7254.
Table of Contents
B. Background
On February 9, 2006 (71 FR 6858),
when DOE promulgated 10 CFR part
851, Worker Safety and Health Program,
it adopted several industry standards to
establish the baseline technical safety
and health requirements for DOE
workplace operations. These standards
were already required by DOE Order
440.1A, Worker Protection Management
for DOE Federal and Contractor
Employees, which established a
comprehensive worker protection
program that provided the basic
framework necessary for contractors to
ensure the safety and health of their
workforce.
In this final rule, DOE replaces the
existing references to industry safety
and health standards with direct
references to the latest versions of the
appropriate standards. Directly
referencing the latest industry standards
will allow DOE to adopt current best
practices and procedures in safety and
health.
I. Authority and Background
A. Authority
B. Background
II. Description of Materials Incorporated by
Reference
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under Executive Order 13211
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Administrative Procedures Act
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
DOE has broad authority to regulate
worker safety and health with respect to
its nuclear and nonnuclear functions
pursuant to the Atomic Energy Act of
1954 (AEA), 42 U.S.C. 2011 et seq.; the
Energy Reorganization Act of 1974
(ERA), 42 U.S.C. 5801–5911; and the
Department of Energy Organization Act
(DOEOA), 42 U.S.C. 7101–7352.
Specifically, the AEA authorized and
directed the Atomic Energy Commission
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II. Description of Materials
Incorporated by Reference
DOE incorporates by reference the
threshold limit values (TLVs®) for
chemical substances and physical
agents and biological exposure indices
(BEIs®) published by the American
Conference of Governmental Industrial
Hygienists (ACGIH®) titled ‘‘Threshold
Limit Values for Chemical Substances
and Physical Agents and Biological
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Exposure Indices,’’ (2016). The TLVs®
and BEIs® are industry accepted values
that are intended for use by industrial
hygienists in making decisions
regarding safe levels of exposure to
various chemical and physical agents
found in the workplace. Each year
ACGIH® publishes its TLVs® and BEIs®.
Copies of the ACGIH® TLVs® and BEIs®
are readily available on ACGIH®’s
website at: https://www.acgih.org.
DOE incorporates by reference the
following industry standards published
by the American National Standards
Institute (ANSI):
ANSI Z49.1–2012, Safety in Welding,
Cutting and Allied Processes, sections
4.3 and E4.3. ANSI Z49.1–2012 provides
guidance for the protection of persons
from injury and illness and the
protection of property (including
equipment) from damage by fire and
explosions arising from welding,
cutting, and allied processes. Copies of
ANSI Z49.1–2012 is readily available on
ANSI’s website at: https://www.ansi.org.
ANSI Z88.2–2015, American National
Standard Practices for Respiratory
Protection. ANSI Z88.2–2015 is an
industry accepted standard that sets
forth minimally accepted practices for
occupational respirator use; provides
information and guidance on the proper
selection, use and maintenance of
respirators and contains requirements
for establishing, implementing and
evaluating respirator programs. Copies
of ANSI Z88.2–2015 is readily available
on ANSI’s website at: https://
www.ansi.org.
ANSI Z136.1–2014, Safe Use of
Lasers. ANSI Z136.1–2014 is an
industry accepted standard that
provides guidance for the safe use of
lasers and laser systems by defining
control measures for each of seven laser
hazard classifications. Copies of ANSI
Z136.1–2014 is readily available on
ANSI’s website at: https://www.ansi.org.
DOE also incorporates by reference
the following specific industry
standards for pressure piping codes
published by the American Society for
Mechanical Engineers (ASME):
ASME Boiler and Pressure Vessel
Code (BPVC)–2015. ASME’s BPVC
standard establishes rules of safety
relating only to pressure integrity—
governing the design, fabrication, and
inspection of boilers and pressure
vessels, and nuclear power plant
components during construction. The
objective of the rules is to provide a
margin for deterioration in service. The
Code Cases clarify the existing
requirements or provide, when the need
is urgent, rules for materials or
constructions not covered by existing
BPVC rules.
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ASME BPVC.I–2015, Section I—Rules
for Construction of Power Boilers. This
section provides requirements for all
methods of construction of power,
electric, and miniature boilers; high
temperature water boilers, heat recovery
steam generators, and certain fired
pressure vessels to be used in stationary
service; and power boilers used in
locomotive, portable, and traction
service. Rules pertaining to use of the V,
A, M, PP, S and E ASME Product
Certification Marks are also included.
The rules are applicable to boilers in
which steam or other vapor is generated
at a pressures exceeding 15 psig, and
high temperature water boilers intended
for operation at pressures exceeding 160
psig and/or temperatures exceeding 250
degree F. Super heaters, economizers,
and other pressure parts connected
directly to the boiler without
intervening valves are considered as
part of the scope of Section I.
ASME BPVC.II.A–2015, Section II—
Materials, Part A—Ferrous Material
Specifications (Beginning to SA–450).
This section is a ‘‘Service Section’’ to
the other BPVC Sections, providing
material specifications for ferrous
materials adequate for safety in the field
of pressure equipment. These
specifications contain requirements for
chemical and mechanical properties,
heat treatment, manufacture, heat and
product analyses, and methods of
testing. They are designated by SA
numbers and are identical with or
similar to those of specifications
published by American Society for
Testing and Materials (ASTM) and other
recognized national or international
organizations.
ASME BPVC.II.A–2015, Section II—
Materials, Part A—Ferrous Material
Specifications (SA–451 to End). This
section is a ‘‘Service Section’’ to the
other BPVC Sections, providing material
specifications for ferrous materials
adequate for safety in the field of
pressure equipment. These
specifications contain requirements for
chemical and mechanical properties,
heat treatment, manufacture, heat and
product analyses, and methods of
testing. They are designated by SA
numbers and are identical with or
similar to those of specifications
published by ASTM and other
recognized national or international
organizations.
ASME BPVC.II.B–2015, Section II—
Materials, Part B—Nonferrous Material
Specifications. This section is a
‘‘Service Section’’ to the other BPVC
Sections, providing material
specifications for ferrous materials
adequate for safety in the field of
pressure equipment. These
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specifications contain requirements for
chemical and mechanical properties,
heat treatment, manufacture, heat and
product analyses, and methods of
testing. They are designated by SB
numbers and are identical with or
similar to those of specifications
published by ASTM and other
recognized national or international
organizations.
ASME BPVC.II.C–2015, Section II—
Materials, Part C—Specification for
Welding Rods, Electrodes, and Filler
Metals. This section is a ‘‘Service
Section’’ to the other BPVC Sections
providing material specifications for the
manufacture, acceptability, chemical
composition, mechanical usability,
surfacing, testing requirements and
procedures, operating characteristics,
and intended uses for welding rods,
electrodes and filler metals. These
specifications are designated by SFA
numbers and are derived from AWS
specifications.
ASME BPVC.II.D.C–2015, Section II—
Materials, Part D—Properties
(Customary). This section is a ‘‘Service
Section’’ for reference by the BPVC
construction Sections providing tables
of material properties including
allowable, design, tensile and yield
stress values, physical properties and
external pressure charts and tables. Part
D facilitates ready identification of
materials to specific Sections of the
BPVC. Part D contains appendices
which contain criteria for establishing
allowable stress, the bases for
establishing external pressure charts,
and information required for approval of
new materials.
ASME BPVC.II.D.M–2015, Section
II—Materials, Part —Properties (Metric).
This section is a ‘‘Service Section’’ for
reference by the BPVC construction
Sections providing tables of material
properties including allowable, design,
tensile and yield stress values, physical
properties and external pressure charts
and tables. Part D facilitates ready
identification of materials to specific
Sections of the Boiler and Pressure
Vessel Code. Part D contains appendices
which contain criteria for establishing
allowable stress, the bases for
establishing external pressure charts,
and information required for approval of
new materials.
ASME BPVC.III.A–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Appendices. This
section contains appendices, both
mandatory and nonmandatory for
Section III, Division 1 (Subsection NCA
through NG) and Division 2, including
a listing of design and design analysis
methods and information, and Data
Report Forms. These appendices are
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referenced by and are an integral part of
Subsection NCA through NG and
Division 2.
ASME BPVC.III.1.NB–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NB, Class 1 Components.
This subsection contains requirements
for the material, design, fabrication,
examination, testing and overpressure
protection of items which are intended
to conform to the requirements for Class
1 construction. The rules of Subsection
NB cover the requirements for assuring
the structural integrity of items.
ASME BPVC.III.1.NC–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NC, Class 2 Component.
This subsection contains requirements
for the material, design, fabrication,
examination, testing and overpressure
protection of items which are intended
to conform to the requirements for Class
2 construction. The rules of Subsection
NC cover the requirements for assuring
the structural integrity of items.
ASME BPVC.III.1.ND–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection ND, Class 3 Components.
This subsection contains requirements
for the material, design, fabrication,
examination, testing and overpressure
protection of items which are intended
to conform to the requirements for Class
3 construction. The rules of Subsection
ND cover the requirements for assuring
the structural integrity of items.
ASME BPVC.III.1.NE–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NE, Class MC Components.
This subsection contains requirements
for the material, design, fabrication,
examination, testing and overpressure
protection of items which are intended
to conform to the requirements for Class
MC construction. The rules of
Subsection NE cover the requirements
for assuring the structural integrity of
items.
ASME BPVC.III.1.NF–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NF, Supports. This
subsection contains requirements for the
material, design, fabrication, and
examination of supports which are
intended to conform to the requirements
for Classes 1, 2, 3, and MC construction.
Nuclear power plant supports for which
rules are specified in this Subsection are
those metal supports which are
designed to transmit loads from the
pressure retaining barrier of the
component or piping to the load
carrying building structure. In some
cases there may be intervening elements
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in the component support load path
which are not constructed to the rules
of this Section, such as diesel engines,
electric motors, valve operators, coolers,
and access structures.
ASME BPVC.III.1.NG–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NG, Core Support
Structures. This subsection contains
requirements for the material, design,
fabrication, and examination required in
the manufacture and installation of core
support structures. Core support
structures are those structures or parts
of structures which are designed to
provide direct support or restraint of the
core (fuel & blanket assemblies) within
the reactor pressure vessel.
ASME BPVC.III.1.NH–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NH, Class 1 Components in
Elevated Temperature Service. This
subsection contains requirements for the
material, design, fabrication, and
examination required in the
manufacture and installation of core
support structures. Core support
structures are those structures or parts
of structures which are designed to
provide direct support or restraint of the
core (fuel & blanket assemblies) within
the reactor pressure vessel.
ASME BPVC.III.NCA–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Subsection NCA,
General Requirements for Division 1
and Division 2. This subsection contains
general requirements for manufacturers,
fabricators, installers, designers,
material manufacturers, material
suppliers, and owners of nuclear power
plants. This Subsection which is
referenced by and is an integral part of
Division 1, Subsections NB through NG,
and Division 2 of Section III, covers
quality assurance requirements, ASME
Product Certification Marks, and
authorized inspection for Class 1, 2, 3,
MC, CS, and CC construction. Selective
reference of ASME Standard NQA–1,
Quality Assurance Program
Requirements for Nuclear Facilities, is
made in this Subsection.
ASME BPVC.III.2–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 2, Code
for Concrete Containments. This
division contains requirements for the
material, design, construction,
fabrication, testing, examination, and
overpressure protection of concrete
containment structures, pre-stressed or
reinforced. These requirements are
applicable only to those components
that are designed to provide a pressure
retaining or containing barrier. They are
not applicable to other support
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structures, except as they directly affect
the components of the systems. This
Section contains appendices, both
mandatory and nonmandatory, for
Division 2 construction.
ASME BPVC.III.3–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 3,
Containment for Transportation and
Storage of Spent Nuclear Fuels and
High Level Radioactive Material and
Waste. This division contains
requirements for the design and
construction of the containment system
of a nuclear spent fuel or high level
radioactive waste transport packaging.
ASME BPVC.III.5–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 5, High
Temperature Reactors. This division
provides construction rules for hightemperature reactors, including both
high-temperature, gas-cooled reactors
(HTGRs) and liquid-metal reactors
(LMRs). These rules are for components
exceeding the temperature in Division 1
and are meant for components
experiencing temperatures that are
equal, to or higher than, 700° F (370° C)
for ferritic materials or 800° F (425° C)
for austenitic stainless steels or high
nickel alloys. Division 5 also contains
the new rules pertaining to graphite core
components. These new rules include
general requirements, plus design and
construction rules, for graphite.
Irradiation effects on graphite are
addressed, as are the features of
probabilistic design reflected in the
determination of graphite material
strength properties.
ASME BPVC.IV–2015, Section IV,
Rules for Construction of Heating
Boilers. This section provides
requirements for design, fabrication,
installation and inspection of steam
heating, hot water heating, hot water
supply boilers, and potable water
heaters intended for low pressure
service that are directly fired by oil, gas,
electricity, coal or other solid or liquid
fuels. It contains appendices which
cover approval of new material,
methods of checking safety valve and
safety relief valve capacity, examples of
methods of checking safety valve and
safety relief valve capacity, examples of
methods of calculation and
computation, definitions relating to
boiler design and welding, and quality
control systems. Rules pertaining to use
of the H, HV, and HLW ASME Product
Certification Marks are also included.
ASME BPVC.V–2015, Section V,
Nondestructive Examination. This
section contains requirements and
methods for nondestructive examination
which are referenced and required by
other BPVC Sections. It also includes
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manufacturer’s examination
responsibilities, duties of authorized
inspectors and requirements for
qualification of personnel, inspection
and examination. Examination methods
are intended to detect surface and
internal discontinuities in materials,
welds, and fabricated parts and
components. A glossary of related terms
is included.
ASME BPVC.VI–2015, Section VI,
Recommended Rules for the Care and
Operation of Heating Boilers. This
section covers general descriptions,
terminology and operation guidelines
applicable to steel and cast iron boilers
limited to the operating ranges of
Section IV Heating Boilers. It includes
guidelines for associated controls and
automatic fuel burning equipment.
Illustrations show typical examples of
available equipment. Also included is a
glossary of terms commonly associated
with boilers, controls, and fuel burning
equipment.
ASME BPVC.VII–2015, Section VII,
Recommended Guidelines for the Care
of Power Boilers. The purpose of these
recommend guidelines is to promote
safety in the use of power boilers. The
term ‘‘power boiler’’ in this section
includes stationary, portable, and
traction type boilers, but does not
include locomotive and high
temperature water boilers, nuclear
power plant boilers, heating boilers,
pressure vessels, or marine boilers. This
section provides such guidelines to
assist those directly responsible for
operating, maintaining, and inspecting
power boilers. Emphasis has been
placed on industrial type boilers
because of their extensive use.
Guidelines are also provided for
operation of auxiliary equipment and
appliances that affect the safe and
reliable operation of power boilers.
ASME BPVC.VIII.1–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 1. This division
provides requirements applicable to the
design, fabrication, inspection, testing,
and certification of pressure vessels
operating at either internal or external
pressures exceeding 15 psig. Such
pressure vessels may be fired or unfired.
Specific requirements apply to several
classes of material used in pressure
vessel construction, and also to
fabrication methods such as welding,
forging and brazing. It contains
mandatory and nonmandatory
appendices detailing supplementary
design criteria, nondestructive
examination and inspection acceptance
standards. Rules pertaining to the use of
the U, UM and UV ASME Product
Certification Marks are also included.
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ASME BPVC.VIII.2–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 2, Alternative Rules.
This division provides requirements
applicable to the design, fabrication,
inspection, testing, and certification of
pressure vessels operating at either
internal or external pressures exceeding
15 psig. Such vessels may be fired or
unfired. This pressure may be obtained
from an external source or by the
application of heat from a direct or
indirect source, or any combination
thereof. These rules provide an
alternative to the minimum
requirements for pressure vessels under
Division 1 rules. In comparison the
Division 1, Division 2 requirements on
materials, design, and nondestructive
examination are more rigorous;
however, higher design stress intensify
values are permitted. Division 2 rules
cover only vessels to be installed in a
fixed location for a specific service
where operation and maintenance
control is retained during the useful life
of the vessel by the user who prepares
or causes to be prepared the design
specifications. These rules may also
apply to human occupancy pressure
vessels typically in the diving industry.
Rules pertaining to the use of the U2
and UV ASME Product Certification
Marks are also included.
ASME BPVC.VIII.3–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 3, Alternative Rules for
Construction of High Pressure Vessels.
This division provides requirements
applicable to the design, fabrication,
inspection, testing, and certification of
pressure vessels operating at either
internal or external pressures generally
above 10,000 psi. Such vessels may be
fired or unfired. This pressure may be
obtained from an external source, a
process reaction, by the application of
heat from a direct or indirect source, or
any combination thereof. Division 3
rules cover vessels intended for a
specific service and installed in a fixed
location or relocated from work site to
work site between pressurizations. The
operation and maintenance control is
retained during the useful life of the
vessel by the user who prepares or
causes to be prepared the design
specifications. Division 3 does not
establish maximum pressure limits for
either Section VIII, Divisions 1 or 2, nor
minimum pressure limits for this
Division. Rules pertaining to the use of
the UV3 ASME Product Certification
Marks are also included.
ASME BPVC.IX–2015, Section IX—
Welding, Brazing and Fusing
Qualifications, Qualification Standard
for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and
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Welding, Brazing, and Fusing Operators.
This section contains rules relating to
the qualification of welding, brazing,
and fusing procedures as required by
other BPVC Sections for component
manufacture. It also covers rules relating
to the qualification and requalification
of welders, brazers, and welding,
brazing and fusing machine operators in
order that they may perform welding,
brazing, or plastic fusing as required by
other BPVC Sections in the manufacture
of components. Welding, brazing, and
fusing data cover essential and
nonessential variables specific to the
joining process used.
ASME BPVC.X–2015, Section X,
Fiber-Reinforced Plastic Pressure
Vessels. This section provides
requirements for construction of an FRP
pressure vessel in conformance with a
manufacturer’s design report. It includes
production, processing, fabrication,
inspection and testing methods required
for the vessel. Section X includes three
Classes of vessel design; Class I and
Class III—qualification through the
destructive test of a prototype and Class
II—mandatory design rules and
acceptance testing by nondestructive
methods. These vessels are not
permitted to store, handle or process
lethal fluids. Vessel fabrication is
limited to the following processes: bagmolding, centrifugal casting and
filament-winding and contact molding.
General specifications for the glass and
resin materials and minimum physical
properties for the composite materials
are given.
ASME BPVC.XI–2015, Section XI,
Rules for Inservice Inspection of Nuclear
Power Plant Components. This section
contains Division 1 and 3, in one
volume and provides rules for the
examination, inservice testing and
inspection, and repair and replacement
of components and systems in light
water cooled and liquid metal cooled
nuclear power plants. The Division 2
rules for inspection and testing of
components of gas cooled nuclear
power plants have been deleted in the
1995 Edition. With the
decommissioning of the only gas cooled
reactor to which these rules apply, there
is no apparent need to continue
publication of Division 2. Application of
this section of the code begins when the
requirements of the Construction Code
have been satisfied. The rules of this
section constitute requirements to
maintain the nuclear power plant while
in operation and to return the plant to
service, following plant outages, and
repair or replacement activities. The
rules require a mandatory program of
scheduled examinations, testing, and
inspections to evidence adequate safety.
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The method of nondestructive
examination to be used and flaw size
characterization are also contained
within this section
ASME BPVC.XII–2015, Section XII,
Rules for Construction and Continued
Service of Transport Tanks. This section
covers requirements for construction
and continued service of pressure
vessels for the transportation of
dangerous goods via highway, rail, air or
water at pressures from full vacuum to
3,000 psig and volumes greater than 120
gallons. ‘‘Construction’’ is an allinclusive term comprising materials,
design, fabrication, examination,
inspection, testing, certification, and
over-pressure protection. ‘‘Continued
service’’ is an all-inclusive term
referring to inspection, testing, repair,
alteration, and recertification of a
transport tank that has been in service.
This section contains modal appendices
containing requirements for vessels
used in specific transport modes and
service applications. Rules pertaining to
the use of the T ASME Product
Certification Marks are included.
ASME BPVC.CC.BPV–2015, Code
Cases, Boilers and Pressure Vessels.
This section provides the approved
actions by the BPVC Committee on
alternatives intended to allow early and
urgent implementation of any revised
requirements for boilers and pressure
vessels.
ASME BPVC.CC.NC–2015, Code
Cases, Nuclear Components. This
section provides the approved actions
by the BPVC Committee on alternatives
intended to allow early and urgent
implementation of any revised
requirements for nuclear components.
Copies of the complete set of BPVC–
2015 is readily available on ASME’s
website at: https://www.asme.org.
B31.1–2016, Power Piping. B31.1–
2016 prescribes minimum requirements
for the design, materials, fabrication,
erection, test, inspection, operation, and
maintenance of piping systems typically
found in electric power generating
stations, industrial and institutional
plants, geothermal heating systems, and
central and district heating and cooling
systems. It also covers boiler-external
piping for power boilers and high
temperature, high pressure water boilers
in which steam or vapor is generated at
a pressure of more than 15 psig; and
high temperature water is generated at
pressures exceeding 160 psig and/or
temperatures exceeding 250 degrees
Fahrenheit. Copies of B31.1–2016 is
readily available on ASME’s website at:
https://www.asme.org.
B31.3–2014, Process Piping. B31.3–
2014 contains requirements for piping
typically found in petroleum refineries,
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chemical, pharmaceutical, textile,
paper, semiconductor, and cryogenic
plants; and related processing plants
and terminals. It covers materials and
components, design, fabrication,
assembly, erection, examination,
inspection, and testing of piping. Copies
of B31.3–2016 is readily available on
ASME’s website at: https://
www.asme.org.
B31.4–2016, Pipeline Transportation
Systems for Liquids and Slurries. B31.4–
2016 prescribes requirements for the
design, materials, construction,
assembly, inspection, testing, operation,
and maintenance of liquid pipeline
systems between production fields or
facilities, tank farms, above- or
belowground storage facilities, natural
gas processing plants, refineries, pump
stations, ammonia plants, terminals
(marine, rail, and truck), and other
delivery and receiving points, as well as
pipelines transporting liquids within
pump stations, tank farms, and
terminals associated with liquid
pipeline systems. This Code also
prescribes requirements for the design,
materials, construction, assembly,
inspection, testing, operation, and
maintenance of piping transporting
aqueous slurries of nonhazardous
materials such as coal, mineral, ores,
concentrates, and other solid materials,
between a slurry processing plant or
terminal and a receiving plant or
terminal. Copies of B31.4–2016 is
readily available on ASME’s website at:
https://www.asme.org.
B31.5–2016, Refrigeration Piping and
Heat Transfer Components. B31.5–2016
covers refrigerant, heat transfer
components, and secondary coolant
piping for temperatures as low as ¥320
degrees Fahrenheit, whether erected on
the premises or factory assembled. The
standard also includes all connecting
refrigerant and secondary coolant piping
starting at the first joint adjacent to such
apparatus. Copies of B31.5–2016 is
readily available on ASME’s website at:
https://www.asme.org.
B31.8–2016, Gas Transmission and
Distribution Piping Systems. B31.8–
2014 is the most widely used code for
the design, operation, maintenance, and
repair of natural gas distribution and
transmission pipelines. Copies of
B31.8–2014 is readily available on
ASME’s website at: https://
www.asme.org.
B31.8S–2014, Managing System
Integrity of Gas Pipelines. B31.8S–2014
covers on-shore, gas pipeline systems
constructed with ferrous materials,
including pipe, valves, appurtenances
attached to pipe, compressor units,
metering station, regulator stations,
delivery stations, holders and fabricated
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assemblies. Its principles, processes and
approaches apply to the entire system
for all pipeline systems. Copies of
B31.8S–2014 is readily available on
ASME’s website at: https://
www.asme.org.
B31.9–2014, Building Services Piping.
B31.9–2014 provides rules for piping in
industrial, institutional, commercial and
public building, and multi-unit
residences, which does not require the
range of sizes, pressures, and
temperatures covered in ASME’s B31.1
Codes for Power Piping. It includes
piping systems either in the building or
within the property limits. Copies of
B31.9–2014 is readily available on
ASME’s website at: https://
www.asme.org.
B31G–2012, Manual for Determining
Remaining Strength of Corroded
Pipelines. B31G–2012 provides
guidance in the evaluation of metal loss
in pressurized pipeline and piping
systems. The manual is applicable to all
pipelines and piping systems that are
part of ASME B31 Code for Pressure
Piping. Copies of B31G–2012 is readily
available on ASME’s website at: https://
www.asme.org.
DOE incorporates by reference the
following specific consensus standards
for building codes published by
National Fire Protection Association
(NFPA):
NFPA 70 (2017), National Electric
Code. NFPA 70 covers the requirements
on electrical wiring and equipment
installation issues, including minimum
provisions for the use of connections,
voltage markings, conductors, and
cables. Chapters address specific
circumstances surrounding special
occupancies and industrial equipment
and machines. It also contains specific
details on the safe installation and use
of communications and signaling
conductors. Copies of NFPA 70 (2017),
is readily available on NFPA’s website
at: https://catalog.nfpa.org.
NFPA 70E (2015), Standard for
Electrical Safety in the Workplace.
NFPA 70E (2015) is an industry
accepted standard that encompass
safety-related work practices, safetyrelated maintenance requirements, and
safety requirements for special
equipment. The standard includes
guidance for making hazard
identification and risk assessments,
selecting appropriate personal
protective equipment, establishing an
electrically safe work condition, and
employee training. Copies of NFPA 70E
(2015), is readily available on NFPA’s
website at: https://catalog.nfpa.org.
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III. Procedural Requirements
A. Review Under Executive Order 12866
This regulatory action has been
determined not to be ‘‘a significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject
to review under that Executive Order by
the Office of Information and Regulatory
Affairs (OIRA) of the Office of
Management and Budget (OMB).
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B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies to ensure that
the potential impacts of its draft rules
on small entities are properly
considered during the rulemaking
process (68 FR 7990, February 19, 2003),
and has made them available on the
Office of General Counsel’s website:
https://energy.gov/gc/office-generalcounsel.
The regulatory amendments in this
notice of final rulemaking reflect
technical amendments, and clarify
DOE’s intent to continue to later
versions of specific safety and health
standards Rights and obligations under
10 CFR part 851 are unaltered and as
such, are not subject to the requirement
for a general notice of proposed
rulemaking under the Administrative
Procedure Act (5 U.S.C. 553(a)(2))
(APA). There is no requirement under
the APA or any other law that this rule
be proposed for public comment.
Consequently, this rulemaking is
exempt from the requirements of the
Regulatory Flexibility Act.
C. Review Under the Paperwork
Reduction Act
This final rule does not impose a
collection of information requirement
subject to the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.).
D. Review Under the National
Environmental Policy Act
DOE has concluded that promulgation
of this rule falls into a class of actions
that would not individually or
cumulatively have a significant impact
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on the human environment, as
determined by DOE’s regulations
implementing the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). Specifically, this
rule amends existing regulations
without changing the environmental
effect of the regulations being amended,
and, therefore, is covered under the
Categorical Exclusion in paragraph A5
of Appendix A to subpart D, 10 CFR
part 1021. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform’’ (61 FR 4729, February 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. Section 3(b)(2) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any, to be given to
the regulation; (2) clearly specifies any
effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct while
promoting simplification and burden
reduction; (4) specifies the retroactive
effect, if any, to be given to the
regulation; (5) defines key terms; and (6)
addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the Attorney General. Section
3(c) of Executive Order 12988 requires
Executive agencies to review regulations
in light of applicable standards in
section 3(a) and section 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
F. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 10, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications.
Agencies are required to examine the
constitutional and statutory authority
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supporting any action that would limit
the policymaking discretion of the
States and carefully assess the necessity
for such actions. The Executive Order
also requires agencies to have an
accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations (65 FR
13735). DOE has examined this rule and
has determined that it does not preempt
State law and does not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to assess
the effects of a Federal regulatory action
on State, local, and tribal governments,
and the private sector. DOE has
determined that this regulatory action
does not impose a Federal mandate on
State, local or tribal governments or on
the private sector.
H. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001) requires Federal agencies to
prepare and submit to the OIRA, which
is part of OMB, a Statement of Energy
Effects for any proposed significant
energy action. A ‘‘significant energy
action’’ is defined as any action by an
agency that promulgates or is expected
to lead to promulgation of a final rule,
and that: (1) Is a significant regulatory
action under Executive Order 12866, or
any successor order; and is likely to
have a significant adverse effect on the
supply, distribution, or use of energy, or
(2) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a
significant energy action. Accordingly,
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DOE has not prepared a Statement of
Energy Effects.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
I. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
rule would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
The Treasury and General
Government Appropriations Act, 2001
(44 U.S.C. 3516, note) provides for
agencies to review most disseminations
of information to the public under
guidelines established by each agency
pursuant to general guidelines issued by
OMB. OMB’s guidelines were published
at 67 FR 8452 (February 22, 2002), and
DOE’s guidelines were published at 67
FR 62446 (October 7, 2002). DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Administrative Procedure Act
An agency may find good cause to
exempt a rule from the requirement for
a notice of proposed rulemaking and the
opportunity for public comment under
the APA if the requirement is
determined to be unnecessary,
impracticable, or contrary to the public
interest under 5 U.S.C. 533(b)(3)(B). The
rule updates the industry safety and
health standards incorporated by
reference in 10 CFR part 851. The
updates are strictly technical
amendments. Consequently, good cause
exists for issuing this amendment as a
final rule as notice and comment is
unnecessary.
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L. Congressional Notification
As required by 5 U.S.C. 801, DOE will
submit to Congress a report regarding
the issuance of this final rule prior to
the effective date set forth at the outset
of this rulemaking. The report will state
that it has been determined that the rule
is not a ‘‘major rule’’ as defined by 5
U.S.C. 801(2).
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List of Subjects in 10 CFR Part 851
Civil penalty, Federal buildings and
facilities, Incorporation by reference,
Occupational safety and health,
Reporting and recordkeeping
requirements, Safety.
(10) American National Standards
Institute (ANSI/ASSE) Z88.2,
‘‘American National Standard Practices
for Respiratory Protection,’’ (2015)
(incorporated by reference, see
§ 851.27).
*
*
*
*
*
§ 851.26
[Amended]
PART 851—WORKER SAFETY AND
HEALTH PROGRAM
3. Section 851.26 is amended:
a. In paragraph (a)(2) by removing
‘‘DOE Manual 231.1–1A, Environment,
Safety and Health Reporting Manual,
September 9, 2004 (incorporated by
reference, see § 851.27)’’ and adding in
its place ‘‘DOE reporting directives.’’;
■ b. In paragraph (a)(3) by removing ‘‘in
DOE Manual 231.1–1A.’’ and adding in
its place ‘‘by DOE.’’; and
■ c. In paragraph (b)(2) by removing
‘‘(reference DOE Order 225.1A,
Accident Investigations, November 26,
1997)’’.
■ 4. Section 851.27 is revised to read as
follows:
1. The authority citation for part 851
continues to read as follows:
§ 851.27 Materials incorporated by
reference.
Authority: 42 U.S.C. 2201(i)(3), (p); 42
U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42
U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.
(a) General. We incorporate by
reference the following standards into
part 851. The material has been
approved for incorporation by the
Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. Any
subsequent amendment to a standard by
the standard-setting organization will
not affect the DOE regulations unless
and until amended by DOE. Material is
incorporated as it exists on the date of
the approval. To use a subsequent
amendment to a standard, DOE must
publish a document in the Federal
Register and the material must be
available to the public. All approved
material is available for inspection at
the U.S. Department of Energy, Office of
Environment, Health, Safety and
Security, Office of Worker Safety and
Health Policy, 1000 Independence Ave.
SW, Washington, DC 20585. 301–903–
6061. The material is available for
inspection 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: www.archives.gov/federalregister/cfr/ibr-locations.html.
Standards can be obtained from the
sources listed below.
(b) ACGIH®. American Conference of
Governmental Industrial Hygienist,
1330 Kemper Meadow Drive,
Cincinnati, OH 45240. Telephone
number: 513–742–2020, or go to: https://
www.acgih.org.
(1) ACGIH®, Threshold Limit Values
for Chemical Substances and Physical
Agents and Biological Exposure Indices,
2016; IBR approved for § 851.23.
Issued in Washington, DC, on December
12, 2017.
Matthew B. Moury,
Associate Under Secretary for Environment,
Health, Safety and Security.
For the reasons set forth in the
preamble, the Department of Energy
amends part 851 of chapter III of title 10
of the Code of Federal Regulations as set
forth below:
■
2. Section 851.23 is amended by:
a. Removing in paragraph (a)(2),
‘‘1904.44,’’;
■ b. Revising paragraphs (a)(9) and (10);
■ c. Removing in paragraph (a)(11),
‘‘(2000)’’, and adding in its place
‘‘(2014)’’;
■ d. Removing in paragraph (a)(12),
‘‘(1999)’’, and adding in its place
‘‘(2012)’’;
■ e. Removing in paragraph (a)(13),
‘‘(2005)’’, and adding in its place
‘‘(2017)’’; and
■ f. Removing in paragraph (a)(14),
‘‘(2004)’’, and adding in its place
‘‘(2015)’’;
The revisions read as follows:
■
■
§ 851.23
Safety and health standards.
(a) * * *
(9) American Conference of
Governmental Industrial Hygienists
(ACGIH®), ‘‘Threshold Limit Values for
Chemical Substances and Physical
Agents and Biological Exposure
Indices,’’ (2016) (incorporated by
reference, see § 851.27) when the
ACGIH® Threshold Limit Values (TLVs)
are lower (more protective) than
permissible exposure limits in 29 CFR
part 1910 for general industry and/or
part 1926 for construction. When the
ACGIH TLVs are used as exposure
limits, contractors must nonetheless
comply with the other provisions of any
applicable expanded health standard
found in 29 CFR part 1910 and/or part
1926.
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■
■
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(2) Reserved.
(c) ANSI. American National
Standards Institute, 1899 L Street NW,
11th Floor, Washington, DC 20036.
Telephone number: 202–293–8020, or
go to: https://www.ansi.org.
(1) ANSI Z49.1–2012, American
National Standard Safety in Welding,
Cutting and Allied Processes, sections
4.3 and E4.3, ANSI approved March 9,
2012, IBR approved for § 851.23.
(2) ANSI/ASSE Z88.2–2015,
American National Standard Practices
for Respiratory Protection, ANSI
approved March 4, 2015, IBR approved
for § 851.23.
(3) ANSI Z136.1–2014, American
National Standard for Safe Use of
Lasers, ANSI approved December 10,
2013, IBR approved for § 851.23.
(d) ASME. American Society of
Mechanical Engineers, P.O. Box 2300,
Fairfield, NJ 07007. Telephone: 800–
843–2763, or got to: https://
www.asme.org.
(1) ASME Boilers and Pressure Vessel
Codes (BPVC) as follows:
(i) BPVC.I–2015, Section I—Rules for
Construction of Power Boilers, 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(ii) BPVC.II.A–2015, Section II—
Materials, Part A—Ferrous Material
Specifications (Beginning to SA–450),
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(iii) BPVC.II.A–2015, Section II—
Materials, Part A—Ferrous Material
Specifications (SA–451 to End), 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(iv) BPVC.II.B–2015, Section II—
Materials, Part B—Nonferrous Material
Specifications, 2015 edition, issued July
1, 2015; IBR approved for appendix A,
section 4, Pressure Safety;
(v) BPVC.II.C–2015, Section II—
Materials, Part C—Specification for
Welding Rods; Electrodes, and Filler
Metals; 2015 edition, issued July 1,
2015; IBR approved for appendix A,
section 4, Pressure Safety;
(vi) BPVC.II.D.C–2015, Section II—
Materials, Part D—Properties
(Customary); 2015 edition, issued July 1,
2015; IBR approved for appendix A,
section 4, Pressure Safety
(vii) BPVC.II.D.M–2015, Section II—
Materials, Part D—Properties (Metric);
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(viii) BPVC.III.A–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Appendices; 2015
edition, issued July 1, 2015; IBR
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approved for appendix A, section 4,
Pressure Safety;
(ix) BPVC.III.1.NB–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NB, Class 1 Components;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(x) BPVC.III.1.NC–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NC, Class 2 Components;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xi) BPVC.III.1.ND–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division I—
Subsection ND, Class 3 Components;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xii) BPVC.III.1.NE–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NE, Class MC Components;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xiii) BPVC.III.1.NF–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NF, Supports; 2015 edition,
issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xiv) BPVC.III.1.NG–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NG, Core Support
Structures; 2015 edition, issued July 1
2015; IBR approved for appendix A,
section 4, Pressure Safety;
(xv) BPVC.III.1.NH–2015, Section
III—Rules for Construction of Nuclear
Facility Components, Division I—
Subsection NH, Class 1 Components in
Elevated Temperature Service; 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xvi) BPVC.III.NCA–2015, Section
III—Rules for Construction of Nuclear
Facility; Components, Subsection NCA,
General Requirements for Division 1
and Division 2; 2015 edition, issued July
1, 2015; IBR approved for appendix A,
section 4, Pressure Safety;
(xvii) BPVC.III.2–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 2, Code
for Concrete Containments; 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xviii) BPVC.III.3–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 3,
Containments for Transportation and
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Storage of Spent Nuclear Fuel and High
Level Radioactive Material and Waste;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xix)) BPVC.III.5–2015, Section III—
Rules for Construction of Nuclear
Facility Components, Division 5, High
Temperature Reactors; 2015 edition,
issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xx) BPVC.IV–2015, Section IV, Rules
for Construction of Heating Boilers;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxi) BPVC.V–2015, Section V,
Nondestructive Examination; 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxii) BPVC.VI–2015, Section VI,
Recommended Rules for the Care and
Operation of Heating Boilers; 2015
edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxiii) BPVC.VII–2015, Section VII,
Recommended Guidelines for the Care
of Power Boilers; 2015 edition, issued
July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xxiv) BPVC.VIII.1–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 1; 2015 edition, issued
July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xxv) BPVC.VIII.2–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 2, Alternative Rules;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxvi) BPVC.VIII.3–2015, Section
VIII—Rules for Construction of Pressure
Vessels, Division 3, Alternative Rules for
Construction of High Pressure Vessels;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxvii) BPVC.IX–2015, Section IX—
Welding, Brazing and Fusing
Qualifications, Qualification Standard
for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and
Welding, Brazing, and Fusing Operators;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety;
(xxviii) BPVC.X–2015, Section X,
Fiber—Reinforced Plastic Pressure
Vessels; 2015 edition, issued July 1,
2015; IBR approved for appendix A,
section 4, Pressure Safety;
(xxix) BPVC.XI–2015, Section XI,
Rules for Inservice Inspection of Nuclear
Power Plant Components; 2015 edition,
issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
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(xxx) BPVC.XII–2015, Section XII,
Rules for Construction and Continued
Service of Transport Tanks; issued July
1, 2015; IBR approved for appendix A,
section 4, Pressure Safety;
(xxxi) BPVC.CC.BPV–2015, Code
Cases, Boilers and Pressure Vessels;
2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4,
Pressure Safety; and
(xxxii) BPVC.CC.NC–2015, Code
Cases, Nuclear Components; issued July
1, 2015, IBR approved for appendix A,
section 4, Pressure Safety.
(2) ASME B31 codes for pressure
piping as follows:
(i) B31.1–2016, Power Piping, ASME
Code for Pressure Piping, B31, issued
June 30, 2016; IBR approved for
appendix A, Section 4, Pressure Safety;
(ii) B31.3–2014, Process Piping, ASME
Code for Pressure Piping, B31, issued
February 27, 2015; IBR approved for
appendix A, Section 4, Pressure Safety;
(iii) B31.4–2016, Pipeline
Transportation Systems for Liquids and
Slurries, ASME Code for Pressure
Piping, B31, issued March 31, 2016; IBR
approved for appendix A, Section 4,
Pressure Safety;
(iv) B31.5–2016, Refrigeration Piping
and Heat Transfer Components, ASME
Code for Pressure Piping, B31, issued
June 29, 2016; IBR approved for
appendix A, Section 4, Pressure Safety;
(v) B31.8–2016, Gas Transmission
and Distribution Piping Systems, ASME
Code for Pressure Piping, B31, issued
September 30, 2014; IBR approved for
appendix A, Section 4, Pressure Safety;
(vi) B31.8S–2014, Managing System
Integrity of Gas Pipelines, ASME Code
for Pressure Piping, B31, Supplement to
ASME B31.8, issued September 30,
2014; IBR approved for appendix A,
Section 4, Pressure Safety;
(vii) B31.9–2014, Building Services
Piping, ASME Code for Pressure Piping,
B31, issued April 28, 2014; IBR
approved for appendix A, Section 4,
Pressure Safety; and
(viii) B31G–2012, Manual for
Determining the Remaining Strength of
Corroded Pipelines, Supplement to
ASME B31 Code for Pressure Piping,
issued October 24, 2012; IBR approved
for appendix A, Section 4, Pressure
Safety.
(e) NFPA. The National Fire
Protection Association, One
Batterymarch Park, Quincy, MA 02169.
Telephone: 617–984–7423, or go to:
https://www.nfpa.org.
(1) NFPA 70, National Electric Code,
(2017), issued August 4, 2016; IBR
approved for § 851.23; and
(2) NFPA 70E, Standard for Electrical
Safety in the Workplace, (2015 edition),
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issued July 14, 2014; IBR approved for
§ 851.23.
■ 5. Appendix A to part 851 is
amended:
■ a. In section 3, Explosives Safety, by
revising paragraph (b);
■ b. In section 4, Pressure Safety, by
revising paragraphs (b)(1) and (2); and
■ c. In section 6, Industrial Hygiene, by
revising paragraph (f).
The revisions read as follows:
Appendix A to Part 851—Worker
Safety and Health Functional Areas
*
*
*
*
*
3. Explosives Safety
*
*
*
*
*
(b) Contractors must comply with the
policy and requirements specified in the
appropriate explosives safety technical
standard.
*
*
*
*
*
*
*
4. Pressure Safety
*
*
*
(b) * * *
(1) The applicable American Society of
Mechanical Engineers (ASME) boilers and
pressure vessel codes (BPVC), including
applicable code cases as indicated in
paragraphs (b)(1)(i) through (xxxii) of this
section:
(i) BPVC.I–2015, Section I—Rules for
Construction of Power Boilers (incorporated
by reference, see § 851.27);
(ii) BPVC.II.A–2015, Section II-Materials,
Part A—Ferrous Material Specifications
(Beginning to SA–450) (incorporated by
reference, see § 851.27);
(iii) BPVC.II.A–2015, Section II—Materials,
Part A—Ferrous Material Specifications (SA–
451 to End) (incorporated by reference, see
§ 851.27);
(iv) BPVC.II.B–2015, Section II—Materials,
Part B—Nonferrous Material Specifications
(incorporated by reference, see § 851.27);
(v) BPVC.II.C–2015, Section II—Materials,
Part C-Specification for Welding Rods;
Electrodes, and Filler Metals (incorporated by
reference, see § 851.27);
(vi) BPVC.II.D.C–2015, Section II—
Materials, Part D—Properties (Customary)
(incorporated by reference, see § 851.27);
(vii) BPVC.II.D.M–2015, Section II—
Materials, Part D—Properties (Metric)
(incorporated by reference, see § 851.27);
(viii) BPVC.III.A–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Appendices (incorporated by
reference, see § 851.27);
(ix) BPVC.III.1.NB–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division I—Subsection NB,
Class 1 Components (incorporated by
reference, see § 851.27);
(x) BPVC.III.1.NC–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division I—Subsection NC,
Class 2 Components (incorporated by
reference, see § 851.27);
(xi) BPVC.III.1.ND–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division I—Subsection ND,
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Class 3 Components (incorporated by
reference, see § 851.27);
(xii) BPVC.III.1.NE–2015, Section III—
Rules for Construction of Nuclear Facility
Components, Division I—Subsection NE,
Class MC Components (incorporated by
reference, see § 851.27);
(xiii) BPVC.III.1.NF–2015, Section III—
Rules for Construction of Nuclear Facility
Components, Division I—Subsection NF,
Supports (incorporated by reference, see
§ 851.27);
(xiv) BPVC.III.1.NG–2015, Section III—
Rules for Construction of Nuclear Facility
Components, Division I—Subsection NG,
Core Support Structures (incorporated by
reference, see § 851.27);
(xv) BPVC.III.1.NH–2015, Section III—
Rules for Construction of Nuclear Facility
Components, Division I—Subsection NH,
Class 1 Components in Elevated Temperature
Service (incorporated by reference, see
§ 851.27);
(xvi) BPVC.III.NCA–2015, Section III—
Rules for Construction of Nuclear Facility;
Components, Subsection NCA, General
Requirements for Division 1 and Division 2
(incorporated by reference, see § 851.27);
(xvii) BPVC.III.2–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division 2, Code for Concrete
Containments (incorporated by reference, see
§ 851.27);
(xviii) BPVC.III.3–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division 3, Containment for
Transportation and Storage of Spent Nuclear
Fuel and High Level Radioactive Material
and Waste (incorporated by reference, see
§ 851.27);
(xix) BPVC.III.5–2015, Section III—Rules
for Construction of Nuclear Facility
Components, Division 5, High Temperature
Reactors (incorporated by reference, see
§ 851.27);
(xx) BPVC.IV–2015, Section IV, Rules for
Construction of Heating Boilers (incorporated
by reference, see § 851.27);
(xxi) BPVC.V–2015, Section V,
Nondestructive Examination (incorporated
by reference, see § 851.27);
(xxii) BPVC.VI–2015, Section VI,
Recommended Rules for the Care and
Operation of Heating Boilers (incorporated by
reference, see § 851.27);
(xxiii) BPVC.VII–2015, Section VII,
Recommended Guidelines for the Care of
Power Boilers (incorporated by reference, see
§ 851.27);
(xxiv) BPVC.VIII.1–2015, Section VIII—
Rules for Construction of Pressure Vessels,
Division 1 (incorporated by reference, see
§ 851.27);
(xxv) BPVC.VIII.2–2015, Section VIII—
Rules for Construction of Pressure Vessels,
Division 2, Alternative Rules (incorporated by
reference, see § 851.27);
(xxvi) BPVC.VIII.3–2015, Section VIII—
Rules for Construction of Pressure Vessels,
Division 3, Alternative Rules for Construction
of High Pressure Vessels (incorporated by
reference, see § 851.27);
(xxvii) BPVC.IX–2015, Section IX—
Welding, Brazing and Fusing Qualifications,
Qualification Standard for Welding, Brazing,
and Fusing Procedures; Welders; Brazers;
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and Welding, Brazing, and Fusing Operators
(incorporated by reference, see § 851.27);
(xxviii) BPVC.X–2015, Section X, Fiber—
Reinforced Plastic Pressure Vessels
(incorporated by reference, see § 851.27);
(xxix) BPVC.XI–2015, Section XI, Rules for
Inservice Inspection of Nuclear Power Plant
Components (incorporated by reference, see
§ 851.27);
(xxx) BPVC.XII–2015, Section XII, Rules for
Construction and Continued Service of
Transport Tanks (incorporated by reference,
see § 851.27);
(xxxi) BPVC.CC.BPV–2015, Code Cases,
Boilers and Pressure Vessels (incorporated by
reference, see § 851.27); and
(xxxii) BPVC.CC.NC–2015, Code Cases,
Nuclear Components (incorporated by
reference, see § 851.27).
(2) The applicable ASME B31 code for
pressure piping as indicated in this
paragraph; and or as indicated in paragraph
(b)(3) of this section:
(i) B31.1–2016, Power Piping (incorporated
by reference, see § 851.27);
(ii) B31.3–2014, Process Piping
(incorporated by reference, see § 851.27);
(iii) B31.4–2016, Pipeline Transportation
Systems for Liquids and Slurries
(incorporated by reference, see § 851.27);
(iv) B31.5–2016, Refrigeration Piping and
Heat Transfer Components (incorporated by
reference, see § 851.27);
(v) B31.8–2016, Gas Transmission and
Distribution Piping Systems (incorporated by
reference, see § 851.27);
(vi) B31.8S–2014, Managing System
Integrity of Gas Pipelines (incorporated by
reference, see § 851.27);
(vii) B31.9–2014, Building Services Piping
(incorporated by reference, see § 851.27); and
(viii) B31G–2012, Manual for Determining
the Remaining Strength of Corroded
Pipelines (incorporated by reference, see
§ 851.27).
*
*
*
*
*
6. Industrial Hygiene
*
*
*
*
*
(f) Use of respiratory protection equipment
tested under the DOE Respirator Acceptance
Program for Supplied-Air Suits when the
National Institute for Occupational Safety
and Health-approved respiratory protection
does not exist for DOE tasks that require such
equipment. For security operations military
type masks for respiratory protection by
security personnel is acceptable.
*
*
*
*
*
[FR Doc. 2017–27190 Filed 12–15–17; 8:45 am]
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BILLING CODE 6450–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0513; Product
Identifier 2016–NM–152–AD; Amendment
39–19125; AD 2017–25–11]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Dassault Aviation Model FALCON
2000EX airplanes. This AD was
prompted by a quality review of
delivered airplanes, which identified a
manufacturing deficiency of some
engine air inlet anti-ice ‘‘piccolo’’ tubes.
This AD requires inspecting each antiice ‘‘piccolo’’ tube assembly of certain
engine air inlets for discrepancies, and
doing corrective actions if necessary.
We are issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 22,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 22, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Dassault Falcon Jet, P.O. Box 2000,
South Hackensack, NJ 07606; telephone
201–440–6700; internet https://
www.dassaultfalcon.com. You may
view this referenced service information
at the FAA, Transport Standards
Branch, 1601 Lind Avenue SW, Renton,
WA. For information on the availability
of this material at the FAA, call 425–
227–1221. It is also available on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2017–0513.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0513; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
PO 00000
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59957
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057–3356;
telephone 425–227–1137; fax 425–227–
1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Dassault Aviation Model
FALCON 2000EX airplanes. The NPRM
published in the Federal Register on
May 31, 2017 (82 FR 24900) (‘‘the
NPRM’’). The NPRM was prompted by
a quality review of delivered airplanes,
which identified a manufacturing
deficiency of some engine air inlet antiice ‘‘piccolo’’ tubes. The NPRM
proposed to require inspecting each
anti-ice ‘‘piccolo’’ tube assembly of
certain engine air inlets for
discrepancies, and doing corrective
actions if necessary. We are issuing this
AD to detect and correct discrepancies
of each anti-ice ‘‘piccolo’’ tube assembly
of certain engine air inlets; this
condition could result in reduced
performance of the engine anti-ice
protection system, leading to ice
accretion and ingestion into the engines,
and possibly resulting in dual engine
power loss and consequent reduced
controllability of the airplane.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2016–0168, dated August 17,
2016 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all Dassault
Aviation Model FALCON 2000EX
airplanes. The MCAI states:
A quality review of recently delivered
aeroplanes identified a manufacturing
deficiency of some engine air inlet anti-ice
‘‘piccolo’’ tubes.
This condition, if not detected and
corrected, could lead to reduced performance
of the engine anti-ice protection system, with
consequent ice accretion and ingestion,
possibly resulting in dual engine power loss
and reduced control of an aeroplane.
The subsequent investigation demonstrated
that, for engines equipped with an air inlet
affected by the manufacturing deficiency,
operating an engine at or above the minimum
N1 value applicable for combined wing and
engine anti-ice operations provides efficient
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]]>Agencies
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Rules and Regulations]
[Pages 59947-59957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27190]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 /
Rules and Regulations
[[Page 59947]]
DEPARTMENT OF ENERGY
10 CFR Part 851
[AU-RM-16-WSHP]
RIN 1992-AA55
Worker Safety and Health Program
AGENCY: Office of Environment, Health, Safety and Security, U.S.
Department of Energy.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is amending the worker safety
and health program regulations to update the safety and health
standards and delete the obsolete directives currently incorporated by
reference in the code of federal regulations. The regulatory amendments
do not alter substantive rights or obligations under current law.
DATES: This rulemaking is effective January 17, 2018. The incorporation
by reference of certain publications listed in this rulemaking is
approved by the Director of the Federal Register on January 17, 2018.
Compliance is required starting January 17, 2019.
FOR FURTHER INFORMATION CONTACT: Bill McArthur, U.S. Department of
Energy, Office of Environment, Health, Safety and Security, AU-11, 1000
Independence Avenue SW, Washington, DC 20585. Telephone: (301) 903-
6061. Email: [email protected].
Daniel Cohen, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585.
Telephone: (202) 586-9523. Email: [email protected].
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
into part 851 complete and specific sections of the following industry
safety and health standards:
1. American Conference of Governmental Industrial Hygienists
(ACGIH[supreg]), Threshold Limit Values for Chemical Substances and
Physical Agents and Biological Exposure Indices, (2016).
A copy of the ACGIH[supreg] Threshold Limit Values for Chemical
Substances and Physical Agents and Biological Exposure Indices, (2016)
can be obtained from: ACGIH[supreg], 1330 Kemper Meadow Drive,
Cincinnati, OH 45240. Telephone number 513-742-2020, or go to: https://www.acgih.org.
2. ANSI Z49.1-2012, American National Standard Safety in Welding,
Cutting and Allied Processes, sections 4.3 and E4.3, ANSI approved
March 9, 2012.
3. ANSI/ASSE Z88.2-2015, American National Standard Practices for
Respiratory Protection, ANSI approved March 4, 2015.
4. ANSI Z136.1-2014, American National Standard for Safe Use of
Lasers, ANSI approved December 10, 2013.
Copies of ANSI Z49.1-2012, Z88.2-2015, and ANSI Z136.1-2014 can be
obtained from the American National Standards Institute Headquarters,
1899 L Street NW, 11th Floor, Washington, DC 20036. Telephone number:
202-293-8020, or go to: https://www.ansi.org.
5. The American Society of Mechanical Engineers (ASME) Boiler and
Pressure Vessel Code (BPVC)-2015, 2015 edition, issued July 1, 2015.
(a) ASME BPVC.I-2015, Section I--Rules for Construction of Power
Boilers;
(b) ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (Beginning to SA-450);
(c) ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (SA-451 to End);
(d) ASME BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous
Material Specifications;
(e) ASME BPVC.II.C-2015, Section II--Materials, Part C--
Specification for Welding Rods, Electrodes, and Filler Metals;
(f) ASME BPVC.II.D.C-2015, Section II--Materials, Part D--
Properties (Customary);
(g) ASME BPVC.II.D.M-2015, Section II--Materials, Part D--
Properties (Metric);
(h) ASME BPVC.III.A-2015, Section III--Rules for Construction of
Nuclear Facility Components, Appendices;
(i) ASME BPVC.III.1.NB-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NB, Class 1
Components;
(j) ASME BPVC.III.1.NC-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NC, Class 2
Components;
(k) ASME BPVC.III.1.ND-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection ND, Class 3
Components;
(l) ASME BPVC.III.1.NE-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NE, Class MC
Components;
(m) ASME BPVC.III.1.NF-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NF, Supports;
(n) ASME BPVC.III.1.NG-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NG, Core Support
Structures;
(o) ASME BPVC.III.1.NH-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NH, Class 1
Components in Elevated Temperature Service;
(p) ASME BPVC.III.NCA-2015, Section III--Rules for Construction of
Nuclear Facility Components, Subsection NCA, General Requirements for
Division 1 and Division 2;
(q) ASME BPVC.III.2-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 2, Code for Concrete
Containments;
(r) ASME BPVC.III.3-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 3, Containment for Transportation
and Storage of Spent Nuclear Fuels and High Level Radioactive Material
and Waste;
(s) ASME BPVC.III.5-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 5, High Temperature Reactors;
(t) ASME BPVC.IV-2015, Section IV, Rules for Construction of
Heating Boilers;
(u) ASME BPVC.V-2015, Section V, Nondestructive Examination;
(v) ASME BPVC.VI-2015, Section VI, Recommended Rules for the Care
and Operation of Heating Boilers;
(w) ASME BPVC.VII-2015, Section VII, Recommended Guidelines for the
Care of Power Boilers;
(x) ASME BPVC.VIII.1-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 1;
[[Page 59948]]
(y) ASME BPVC.VIII.2-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 2, Alternative Rules;
(z) ASME BPVC.VIII.3-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 3, Alternative Rules for Construction of
High Pressure Vessels;
(aa) ASME BPVC.IX-2015, Section IX--Welding, Brazing and Fusing
Qualifications, Qualification Standard for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing
Operators;
(bb) ASME BPVC.X-2015, Section X, Fiber-Reinforced Plastic Pressure
Vessels;
(cc) ASME BPVC.XI-2015, Section XI, Rules for Inservice Inspection
of Nuclear Power Plant Components;
(dd) ASME BPVC.XII-2015, Section XII, Rules for Construction and
Continued Service of Transport Tanks;
(ee) ASME BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure
Vessels; and
(ff) ASME BPVC.CC.NC-2015, Code Cases, Nuclear Components.
6. ASME B31.1-2016, Power Piping, ASME Code for Pressure Piping,
B31, issued June 30, 2016.
7. ASME B31.3-2014, Process Piping, ASME Code for Pressure Piping,
B31, issued February 27, 2015.
8. ASME B31.4-2016, Pipeline Transportation Systems for Liquids and
Slurries, ASME Code for Pressure Piping, B31, issued March 31, 2016.
9. ASME B31.5-2016, Refrigeration Piping and Heat Transfer
Components, ASME Code for Pressure Piping, B31, issued June 29, 2016.
10. ASME B31.8-2016, Gas Transmission and Distribution Piping
Systems, ASME Code for Pressure Piping, B31, issued September 30, 2014.
11. ASME B31.8S-2014, Managing System Integrity of Gas Pipelines,
ASME Code for Pressure Piping, B31, Supplement to ASME B31.8, issued
September 30, 2014.
12. ASME B31.9-2014, Building Services Piping, ASME Code for
Pressure Piping, B31, issued April 28, 2014.
13. ASME B31G-2012, Manual for Determining the Remaining Strength
of Corroded Pipelines, Supplement to ASME B31 Code for Pressure Piping,
issued October 24, 2012.
Copies of ASME BPVC-2015, BPVC.I-2015, BPVC.II.A-2015, BPVC.II.A-
2015, BPVC.II.B-2015, BPVC.II.C-2015, BPVC.II.D.C-2015, BPVC.II.D.M-
2015, BPVC.III.A-2015, BPVC.III.1.NB-2015, BPVC.III.1.NC-2015,
BPVC.III.1.ND-2015, BPVC.III.1.NE-2015, BPVC.III.1.NF-2015,
BPVC.III.1.NG-2015, BPVC.III.1.NH-2015, BPVC.III.NCA-2015, BPVC.III.2-
2015, BPVC.III.3-2015, BPVC.III.5-2015, BPVC.IV-2015, BPVC.V-2015,
BPVC.VI-2015, BPVC.VII-2015, BPVC.VIII.1-2015, BPVC.VIII.2-2015,
BPVC.VIII.3-2015, BPVC.IX-2015, BPVC.X-2015, BPVC.XI-2015, BPVC.XII-
2015, BPVC.CC.BPV-2015, BPVC.CC.NC-2015, B31.1-2016, B31.3-2016, B31.4-
2016, B31.5-2016, B31.8-2016, B31.8S-2014, B31.9-2014 and B31G-2012 can
be obtained from: American Society of Mechanical Engineers (ASME), P.O.
Box 2300 Fairfield, NJ 07007. Telephone: 800-843-2763, or got to:
https://www.asme.org.
14. National Fire Protection Association (NFPA) 70, National
Electric Code, (2017), issued August 4, 2016.
15. NFPA 70E, Standard for Electrical Safety in the Workplace,
(2015 edition), July 14, 2014.
Copies of NFPA 70 (2017) and 70E (2015) can be obtained from:
National Fire Protection Association, One Batterymarch Park, Quincy, MA
02169. Telephone: 617 770-3000, or go to: https://www.nfpa.org.
For a further discussion of these standards, see section II.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Description of Materials Incorporated by Reference
III. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under Executive Order 13211
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Administrative Procedures Act
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
DOE has broad authority to regulate worker safety and health with
respect to its nuclear and nonnuclear functions pursuant to the Atomic
Energy Act of 1954 (AEA), 42 U.S.C. 2011 et seq.; the Energy
Reorganization Act of 1974 (ERA), 42 U.S.C. 5801-5911; and the
Department of Energy Organization Act (DOEOA), 42 U.S.C. 7101-7352.
Specifically, the AEA authorized and directed the Atomic Energy
Commission (AEC) to protect health and promote safety during the
performance of activities under the AEA. See Sec. 31a.(5) of AEA, 42
U.S.C. 2051(a)(5); Sec. 161b. of AEA, 42 U.S.C 2201(b); Sec. 161i.(3)
of AEA, 42 U.S.C. 2201(i)(3); and Sec. 161p. of AEA, 42 U.S.C. 2201(p).
The ERA abolished the AEC and replaced it with the Nuclear Regulatory
Commission (NRC), which became responsible for the licensing of
commercial nuclear activities, and the Energy Research and Development
Administration (ERDA), which became responsible for the other functions
of the AEC under the AEA, as well as several nonnuclear functions. The
ERA authorized ERDA to use the regulatory authority under the AEA to
carry out its nuclear and nonnuclear function, including those
functions that might become vested in ERDA in the future. See Sec.
105(a) of ERA, 42 U.S.C. 5815(a); and Sec. 107 of ERA, 42 U.S.C. 5817.
The DOEOA transferred the functions and authorities of ERDA to DOE. See
Sec. 301(a) of DOEOA, 42 U.S.C. 7151(a); Sec. 641 of DOEOA, 42 U.S.C.
7251; and Sec. 644 of DOEOA, 42 U.S.C. 7254.
B. Background
On February 9, 2006 (71 FR 6858), when DOE promulgated 10 CFR part
851, Worker Safety and Health Program, it adopted several industry
standards to establish the baseline technical safety and health
requirements for DOE workplace operations. These standards were already
required by DOE Order 440.1A, Worker Protection Management for DOE
Federal and Contractor Employees, which established a comprehensive
worker protection program that provided the basic framework necessary
for contractors to ensure the safety and health of their workforce.
In this final rule, DOE replaces the existing references to
industry safety and health standards with direct references to the
latest versions of the appropriate standards. Directly referencing the
latest industry standards will allow DOE to adopt current best
practices and procedures in safety and health.
II. Description of Materials Incorporated by Reference
DOE incorporates by reference the threshold limit values
(TLVs[supreg]) for chemical substances and physical agents and
biological exposure indices (BEIs[supreg]) published by the American
Conference of Governmental Industrial Hygienists (ACGIH[supreg]) titled
``Threshold Limit Values for Chemical Substances and Physical Agents
and Biological
[[Page 59949]]
Exposure Indices,'' (2016). The TLVs[supreg] and BEIs[supreg] are
industry accepted values that are intended for use by industrial
hygienists in making decisions regarding safe levels of exposure to
various chemical and physical agents found in the workplace. Each year
ACGIH[supreg] publishes its TLVs[supreg] and BEIs[supreg]. Copies of
the ACGIH[supreg] TLVs[supreg] and BEIs[supreg] are readily available
on ACGIH[supreg]'s website at: https://www.acgih.org.
DOE incorporates by reference the following industry standards
published by the American National Standards Institute (ANSI):
ANSI Z49.1-2012, Safety in Welding, Cutting and Allied Processes,
sections 4.3 and E4.3. ANSI Z49.1-2012 provides guidance for the
protection of persons from injury and illness and the protection of
property (including equipment) from damage by fire and explosions
arising from welding, cutting, and allied processes. Copies of ANSI
Z49.1-2012 is readily available on ANSI's website at: https://www.ansi.org.
ANSI Z88.2-2015, American National Standard Practices for
Respiratory Protection. ANSI Z88.2-2015 is an industry accepted
standard that sets forth minimally accepted practices for occupational
respirator use; provides information and guidance on the proper
selection, use and maintenance of respirators and contains requirements
for establishing, implementing and evaluating respirator programs.
Copies of ANSI Z88.2-2015 is readily available on ANSI's website at:
https://www.ansi.org.
ANSI Z136.1-2014, Safe Use of Lasers. ANSI Z136.1-2014 is an
industry accepted standard that provides guidance for the safe use of
lasers and laser systems by defining control measures for each of seven
laser hazard classifications. Copies of ANSI Z136.1-2014 is readily
available on ANSI's website at: https://www.ansi.org.
DOE also incorporates by reference the following specific industry
standards for pressure piping codes published by the American Society
for Mechanical Engineers (ASME):
ASME Boiler and Pressure Vessel Code (BPVC)-2015. ASME's BPVC
standard establishes rules of safety relating only to pressure
integrity--governing the design, fabrication, and inspection of boilers
and pressure vessels, and nuclear power plant components during
construction. The objective of the rules is to provide a margin for
deterioration in service. The Code Cases clarify the existing
requirements or provide, when the need is urgent, rules for materials
or constructions not covered by existing BPVC rules.
ASME BPVC.I-2015, Section I--Rules for Construction of Power
Boilers. This section provides requirements for all methods of
construction of power, electric, and miniature boilers; high
temperature water boilers, heat recovery steam generators, and certain
fired pressure vessels to be used in stationary service; and power
boilers used in locomotive, portable, and traction service. Rules
pertaining to use of the V, A, M, PP, S and E ASME Product
Certification Marks are also included. The rules are applicable to
boilers in which steam or other vapor is generated at a pressures
exceeding 15 psig, and high temperature water boilers intended for
operation at pressures exceeding 160 psig and/or temperatures exceeding
250 degree F. Super heaters, economizers, and other pressure parts
connected directly to the boiler without intervening valves are
considered as part of the scope of Section I.
ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (Beginning to SA-450). This section is a
``Service Section'' to the other BPVC Sections, providing material
specifications for ferrous materials adequate for safety in the field
of pressure equipment. These specifications contain requirements for
chemical and mechanical properties, heat treatment, manufacture, heat
and product analyses, and methods of testing. They are designated by SA
numbers and are identical with or similar to those of specifications
published by American Society for Testing and Materials (ASTM) and
other recognized national or international organizations.
ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (SA-451 to End). This section is a ``Service
Section'' to the other BPVC Sections, providing material specifications
for ferrous materials adequate for safety in the field of pressure
equipment. These specifications contain requirements for chemical and
mechanical properties, heat treatment, manufacture, heat and product
analyses, and methods of testing. They are designated by SA numbers and
are identical with or similar to those of specifications published by
ASTM and other recognized national or international organizations.
ASME BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous
Material Specifications. This section is a ``Service Section'' to the
other BPVC Sections, providing material specifications for ferrous
materials adequate for safety in the field of pressure equipment. These
specifications contain requirements for chemical and mechanical
properties, heat treatment, manufacture, heat and product analyses, and
methods of testing. They are designated by SB numbers and are identical
with or similar to those of specifications published by ASTM and other
recognized national or international organizations.
ASME BPVC.II.C-2015, Section II--Materials, Part C--Specification
for Welding Rods, Electrodes, and Filler Metals. This section is a
``Service Section'' to the other BPVC Sections providing material
specifications for the manufacture, acceptability, chemical
composition, mechanical usability, surfacing, testing requirements and
procedures, operating characteristics, and intended uses for welding
rods, electrodes and filler metals. These specifications are designated
by SFA numbers and are derived from AWS specifications.
ASME BPVC.II.D.C-2015, Section II--Materials, Part D--Properties
(Customary). This section is a ``Service Section'' for reference by the
BPVC construction Sections providing tables of material properties
including allowable, design, tensile and yield stress values, physical
properties and external pressure charts and tables. Part D facilitates
ready identification of materials to specific Sections of the BPVC.
Part D contains appendices which contain criteria for establishing
allowable stress, the bases for establishing external pressure charts,
and information required for approval of new materials.
ASME BPVC.II.D.M-2015, Section II--Materials, Part --Properties
(Metric). This section is a ``Service Section'' for reference by the
BPVC construction Sections providing tables of material properties
including allowable, design, tensile and yield stress values, physical
properties and external pressure charts and tables. Part D facilitates
ready identification of materials to specific Sections of the Boiler
and Pressure Vessel Code. Part D contains appendices which contain
criteria for establishing allowable stress, the bases for establishing
external pressure charts, and information required for approval of new
materials.
ASME BPVC.III.A-2015, Section III--Rules for Construction of
Nuclear Facility Components, Appendices. This section contains
appendices, both mandatory and nonmandatory for Section III, Division 1
(Subsection NCA through NG) and Division 2, including a listing of
design and design analysis methods and information, and Data Report
Forms. These appendices are
[[Page 59950]]
referenced by and are an integral part of Subsection NCA through NG and
Division 2.
ASME BPVC.III.1.NB-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NB, Class 1
Components. This subsection contains requirements for the material,
design, fabrication, examination, testing and overpressure protection
of items which are intended to conform to the requirements for Class 1
construction. The rules of Subsection NB cover the requirements for
assuring the structural integrity of items.
ASME BPVC.III.1.NC-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NC, Class 2
Component. This subsection contains requirements for the material,
design, fabrication, examination, testing and overpressure protection
of items which are intended to conform to the requirements for Class 2
construction. The rules of Subsection NC cover the requirements for
assuring the structural integrity of items.
ASME BPVC.III.1.ND-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection ND, Class 3
Components. This subsection contains requirements for the material,
design, fabrication, examination, testing and overpressure protection
of items which are intended to conform to the requirements for Class 3
construction. The rules of Subsection ND cover the requirements for
assuring the structural integrity of items.
ASME BPVC.III.1.NE-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NE, Class MC
Components. This subsection contains requirements for the material,
design, fabrication, examination, testing and overpressure protection
of items which are intended to conform to the requirements for Class MC
construction. The rules of Subsection NE cover the requirements for
assuring the structural integrity of items.
ASME BPVC.III.1.NF-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NF, Supports. This
subsection contains requirements for the material, design, fabrication,
and examination of supports which are intended to conform to the
requirements for Classes 1, 2, 3, and MC construction. Nuclear power
plant supports for which rules are specified in this Subsection are
those metal supports which are designed to transmit loads from the
pressure retaining barrier of the component or piping to the load
carrying building structure. In some cases there may be intervening
elements in the component support load path which are not constructed
to the rules of this Section, such as diesel engines, electric motors,
valve operators, coolers, and access structures.
ASME BPVC.III.1.NG-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NG, Core Support
Structures. This subsection contains requirements for the material,
design, fabrication, and examination required in the manufacture and
installation of core support structures. Core support structures are
those structures or parts of structures which are designed to provide
direct support or restraint of the core (fuel & blanket assemblies)
within the reactor pressure vessel.
ASME BPVC.III.1.NH-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NH, Class 1
Components in Elevated Temperature Service. This subsection contains
requirements for the material, design, fabrication, and examination
required in the manufacture and installation of core support
structures. Core support structures are those structures or parts of
structures which are designed to provide direct support or restraint of
the core (fuel & blanket assemblies) within the reactor pressure
vessel.
ASME BPVC.III.NCA-2015, Section III--Rules for Construction of
Nuclear Facility Components, Subsection NCA, General Requirements for
Division 1 and Division 2. This subsection contains general
requirements for manufacturers, fabricators, installers, designers,
material manufacturers, material suppliers, and owners of nuclear power
plants. This Subsection which is referenced by and is an integral part
of Division 1, Subsections NB through NG, and Division 2 of Section
III, covers quality assurance requirements, ASME Product Certification
Marks, and authorized inspection for Class 1, 2, 3, MC, CS, and CC
construction. Selective reference of ASME Standard NQA-1, Quality
Assurance Program Requirements for Nuclear Facilities, is made in this
Subsection.
ASME BPVC.III.2-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 2, Code for Concrete
Containments. This division contains requirements for the material,
design, construction, fabrication, testing, examination, and
overpressure protection of concrete containment structures, pre-
stressed or reinforced. These requirements are applicable only to those
components that are designed to provide a pressure retaining or
containing barrier. They are not applicable to other support
structures, except as they directly affect the components of the
systems. This Section contains appendices, both mandatory and
nonmandatory, for Division 2 construction.
ASME BPVC.III.3-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 3, Containment for Transportation
and Storage of Spent Nuclear Fuels and High Level Radioactive Material
and Waste. This division contains requirements for the design and
construction of the containment system of a nuclear spent fuel or high
level radioactive waste transport packaging.
ASME BPVC.III.5-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 5, High Temperature Reactors.
This division provides construction rules for high-temperature
reactors, including both high-temperature, gas-cooled reactors (HTGRs)
and liquid-metal reactors (LMRs). These rules are for components
exceeding the temperature in Division 1 and are meant for components
experiencing temperatures that are equal, to or higher than, 700[deg] F
(370[deg] C) for ferritic materials or 800[deg] F (425[deg] C) for
austenitic stainless steels or high nickel alloys. Division 5 also
contains the new rules pertaining to graphite core components. These
new rules include general requirements, plus design and construction
rules, for graphite. Irradiation effects on graphite are addressed, as
are the features of probabilistic design reflected in the determination
of graphite material strength properties.
ASME BPVC.IV-2015, Section IV, Rules for Construction of Heating
Boilers. This section provides requirements for design, fabrication,
installation and inspection of steam heating, hot water heating, hot
water supply boilers, and potable water heaters intended for low
pressure service that are directly fired by oil, gas, electricity, coal
or other solid or liquid fuels. It contains appendices which cover
approval of new material, methods of checking safety valve and safety
relief valve capacity, examples of methods of checking safety valve and
safety relief valve capacity, examples of methods of calculation and
computation, definitions relating to boiler design and welding, and
quality control systems. Rules pertaining to use of the H, HV, and HLW
ASME Product Certification Marks are also included.
ASME BPVC.V-2015, Section V, Nondestructive Examination. This
section contains requirements and methods for nondestructive
examination which are referenced and required by other BPVC Sections.
It also includes
[[Page 59951]]
manufacturer's examination responsibilities, duties of authorized
inspectors and requirements for qualification of personnel, inspection
and examination. Examination methods are intended to detect surface and
internal discontinuities in materials, welds, and fabricated parts and
components. A glossary of related terms is included.
ASME BPVC.VI-2015, Section VI, Recommended Rules for the Care and
Operation of Heating Boilers. This section covers general descriptions,
terminology and operation guidelines applicable to steel and cast iron
boilers limited to the operating ranges of Section IV Heating Boilers.
It includes guidelines for associated controls and automatic fuel
burning equipment. Illustrations show typical examples of available
equipment. Also included is a glossary of terms commonly associated
with boilers, controls, and fuel burning equipment.
ASME BPVC.VII-2015, Section VII, Recommended Guidelines for the
Care of Power Boilers. The purpose of these recommend guidelines is to
promote safety in the use of power boilers. The term ``power boiler''
in this section includes stationary, portable, and traction type
boilers, but does not include locomotive and high temperature water
boilers, nuclear power plant boilers, heating boilers, pressure
vessels, or marine boilers. This section provides such guidelines to
assist those directly responsible for operating, maintaining, and
inspecting power boilers. Emphasis has been placed on industrial type
boilers because of their extensive use. Guidelines are also provided
for operation of auxiliary equipment and appliances that affect the
safe and reliable operation of power boilers.
ASME BPVC.VIII.1-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 1. This division provides requirements
applicable to the design, fabrication, inspection, testing, and
certification of pressure vessels operating at either internal or
external pressures exceeding 15 psig. Such pressure vessels may be
fired or unfired. Specific requirements apply to several classes of
material used in pressure vessel construction, and also to fabrication
methods such as welding, forging and brazing. It contains mandatory and
nonmandatory appendices detailing supplementary design criteria,
nondestructive examination and inspection acceptance standards. Rules
pertaining to the use of the U, UM and UV ASME Product Certification
Marks are also included.
ASME BPVC.VIII.2-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 2, Alternative Rules. This division provides
requirements applicable to the design, fabrication, inspection,
testing, and certification of pressure vessels operating at either
internal or external pressures exceeding 15 psig. Such vessels may be
fired or unfired. This pressure may be obtained from an external source
or by the application of heat from a direct or indirect source, or any
combination thereof. These rules provide an alternative to the minimum
requirements for pressure vessels under Division 1 rules. In comparison
the Division 1, Division 2 requirements on materials, design, and
nondestructive examination are more rigorous; however, higher design
stress intensify values are permitted. Division 2 rules cover only
vessels to be installed in a fixed location for a specific service
where operation and maintenance control is retained during the useful
life of the vessel by the user who prepares or causes to be prepared
the design specifications. These rules may also apply to human
occupancy pressure vessels typically in the diving industry. Rules
pertaining to the use of the U2 and UV ASME Product Certification Marks
are also included.
ASME BPVC.VIII.3-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 3, Alternative Rules for Construction of
High Pressure Vessels. This division provides requirements applicable
to the design, fabrication, inspection, testing, and certification of
pressure vessels operating at either internal or external pressures
generally above 10,000 psi. Such vessels may be fired or unfired. This
pressure may be obtained from an external source, a process reaction,
by the application of heat from a direct or indirect source, or any
combination thereof. Division 3 rules cover vessels intended for a
specific service and installed in a fixed location or relocated from
work site to work site between pressurizations. The operation and
maintenance control is retained during the useful life of the vessel by
the user who prepares or causes to be prepared the design
specifications. Division 3 does not establish maximum pressure limits
for either Section VIII, Divisions 1 or 2, nor minimum pressure limits
for this Division. Rules pertaining to the use of the UV3 ASME Product
Certification Marks are also included.
ASME BPVC.IX-2015, Section IX--Welding, Brazing and Fusing
Qualifications, Qualification Standard for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing
Operators. This section contains rules relating to the qualification of
welding, brazing, and fusing procedures as required by other BPVC
Sections for component manufacture. It also covers rules relating to
the qualification and requalification of welders, brazers, and welding,
brazing and fusing machine operators in order that they may perform
welding, brazing, or plastic fusing as required by other BPVC Sections
in the manufacture of components. Welding, brazing, and fusing data
cover essential and nonessential variables specific to the joining
process used.
ASME BPVC.X-2015, Section X, Fiber-Reinforced Plastic Pressure
Vessels. This section provides requirements for construction of an FRP
pressure vessel in conformance with a manufacturer's design report. It
includes production, processing, fabrication, inspection and testing
methods required for the vessel. Section X includes three Classes of
vessel design; Class I and Class III--qualification through the
destructive test of a prototype and Class II--mandatory design rules
and acceptance testing by nondestructive methods. These vessels are not
permitted to store, handle or process lethal fluids. Vessel fabrication
is limited to the following processes: bag-molding, centrifugal casting
and filament-winding and contact molding. General specifications for
the glass and resin materials and minimum physical properties for the
composite materials are given.
ASME BPVC.XI-2015, Section XI, Rules for Inservice Inspection of
Nuclear Power Plant Components. This section contains Division 1 and 3,
in one volume and provides rules for the examination, inservice testing
and inspection, and repair and replacement of components and systems in
light water cooled and liquid metal cooled nuclear power plants. The
Division 2 rules for inspection and testing of components of gas cooled
nuclear power plants have been deleted in the 1995 Edition. With the
decommissioning of the only gas cooled reactor to which these rules
apply, there is no apparent need to continue publication of Division 2.
Application of this section of the code begins when the requirements of
the Construction Code have been satisfied. The rules of this section
constitute requirements to maintain the nuclear power plant while in
operation and to return the plant to service, following plant outages,
and repair or replacement activities. The rules require a mandatory
program of scheduled examinations, testing, and inspections to evidence
adequate safety.
[[Page 59952]]
The method of nondestructive examination to be used and flaw size
characterization are also contained within this section
ASME BPVC.XII-2015, Section XII, Rules for Construction and
Continued Service of Transport Tanks. This section covers requirements
for construction and continued service of pressure vessels for the
transportation of dangerous goods via highway, rail, air or water at
pressures from full vacuum to 3,000 psig and volumes greater than 120
gallons. ``Construction'' is an all-inclusive term comprising
materials, design, fabrication, examination, inspection, testing,
certification, and over-pressure protection. ``Continued service'' is
an all-inclusive term referring to inspection, testing, repair,
alteration, and recertification of a transport tank that has been in
service. This section contains modal appendices containing requirements
for vessels used in specific transport modes and service applications.
Rules pertaining to the use of the T ASME Product Certification Marks
are included.
ASME BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure Vessels.
This section provides the approved actions by the BPVC Committee on
alternatives intended to allow early and urgent implementation of any
revised requirements for boilers and pressure vessels.
ASME BPVC.CC.NC-2015, Code Cases, Nuclear Components. This section
provides the approved actions by the BPVC Committee on alternatives
intended to allow early and urgent implementation of any revised
requirements for nuclear components.
Copies of the complete set of BPVC-2015 is readily available on
ASME's website at: https://www.asme.org.
B31.1-2016, Power Piping. B31.1-2016 prescribes minimum
requirements for the design, materials, fabrication, erection, test,
inspection, operation, and maintenance of piping systems typically
found in electric power generating stations, industrial and
institutional plants, geothermal heating systems, and central and
district heating and cooling systems. It also covers boiler-external
piping for power boilers and high temperature, high pressure water
boilers in which steam or vapor is generated at a pressure of more than
15 psig; and high temperature water is generated at pressures exceeding
160 psig and/or temperatures exceeding 250 degrees Fahrenheit. Copies
of B31.1-2016 is readily available on ASME's website at: https://www.asme.org.
B31.3-2014, Process Piping. B31.3-2014 contains requirements for
piping typically found in petroleum refineries, chemical,
pharmaceutical, textile, paper, semiconductor, and cryogenic plants;
and related processing plants and terminals. It covers materials and
components, design, fabrication, assembly, erection, examination,
inspection, and testing of piping. Copies of B31.3-2016 is readily
available on ASME's website at: https://www.asme.org.
B31.4-2016, Pipeline Transportation Systems for Liquids and
Slurries. B31.4-2016 prescribes requirements for the design, materials,
construction, assembly, inspection, testing, operation, and maintenance
of liquid pipeline systems between production fields or facilities,
tank farms, above- or belowground storage facilities, natural gas
processing plants, refineries, pump stations, ammonia plants, terminals
(marine, rail, and truck), and other delivery and receiving points, as
well as pipelines transporting liquids within pump stations, tank
farms, and terminals associated with liquid pipeline systems. This Code
also prescribes requirements for the design, materials, construction,
assembly, inspection, testing, operation, and maintenance of piping
transporting aqueous slurries of nonhazardous materials such as coal,
mineral, ores, concentrates, and other solid materials, between a
slurry processing plant or terminal and a receiving plant or terminal.
Copies of B31.4-2016 is readily available on ASME's website at: https://www.asme.org.
B31.5-2016, Refrigeration Piping and Heat Transfer Components.
B31.5-2016 covers refrigerant, heat transfer components, and secondary
coolant piping for temperatures as low as -320 degrees Fahrenheit,
whether erected on the premises or factory assembled. The standard also
includes all connecting refrigerant and secondary coolant piping
starting at the first joint adjacent to such apparatus. Copies of
B31.5-2016 is readily available on ASME's website at: https://www.asme.org.
B31.8-2016, Gas Transmission and Distribution Piping Systems.
B31.8-2014 is the most widely used code for the design, operation,
maintenance, and repair of natural gas distribution and transmission
pipelines. Copies of B31.8-2014 is readily available on ASME's website
at: https://www.asme.org.
B31.8S-2014, Managing System Integrity of Gas Pipelines. B31.8S-
2014 covers on-shore, gas pipeline systems constructed with ferrous
materials, including pipe, valves, appurtenances attached to pipe,
compressor units, metering station, regulator stations, delivery
stations, holders and fabricated assemblies. Its principles, processes
and approaches apply to the entire system for all pipeline systems.
Copies of B31.8S-2014 is readily available on ASME's website at: https://www.asme.org.
B31.9-2014, Building Services Piping. B31.9-2014 provides rules for
piping in industrial, institutional, commercial and public building,
and multi-unit residences, which does not require the range of sizes,
pressures, and temperatures covered in ASME's B31.1 Codes for Power
Piping. It includes piping systems either in the building or within the
property limits. Copies of B31.9-2014 is readily available on ASME's
website at: https://www.asme.org.
B31G-2012, Manual for Determining Remaining Strength of Corroded
Pipelines. B31G-2012 provides guidance in the evaluation of metal loss
in pressurized pipeline and piping systems. The manual is applicable to
all pipelines and piping systems that are part of ASME B31 Code for
Pressure Piping. Copies of B31G-2012 is readily available on ASME's
website at: https://www.asme.org.
DOE incorporates by reference the following specific consensus
standards for building codes published by National Fire Protection
Association (NFPA):
NFPA 70 (2017), National Electric Code. NFPA 70 covers the
requirements on electrical wiring and equipment installation issues,
including minimum provisions for the use of connections, voltage
markings, conductors, and cables. Chapters address specific
circumstances surrounding special occupancies and industrial equipment
and machines. It also contains specific details on the safe
installation and use of communications and signaling conductors. Copies
of NFPA 70 (2017), is readily available on NFPA's website at: https://catalog.nfpa.org.
NFPA 70E (2015), Standard for Electrical Safety in the Workplace.
NFPA 70E (2015) is an industry accepted standard that encompass safety-
related work practices, safety-related maintenance requirements, and
safety requirements for special equipment. The standard includes
guidance for making hazard identification and risk assessments,
selecting appropriate personal protective equipment, establishing an
electrically safe work condition, and employee training. Copies of NFPA
70E (2015), is readily available on NFPA's website at: https://catalog.nfpa.org.
[[Page 59953]]
III. Procedural Requirements
A. Review Under Executive Order 12866
This regulatory action has been determined not to be ``a
significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review under that Executive
Order by the Office of Information and Regulatory Affairs (OIRA) of the
Office of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies to ensure that the potential impacts of its
draft rules on small entities are properly considered during the
rulemaking process (68 FR 7990, February 19, 2003), and has made them
available on the Office of General Counsel's website: https://energy.gov/gc/office-general-counsel.
The regulatory amendments in this notice of final rulemaking
reflect technical amendments, and clarify DOE's intent to continue to
later versions of specific safety and health standards Rights and
obligations under 10 CFR part 851 are unaltered and as such, are not
subject to the requirement for a general notice of proposed rulemaking
under the Administrative Procedure Act (5 U.S.C. 553(a)(2)) (APA).
There is no requirement under the APA or any other law that this rule
be proposed for public comment. Consequently, this rulemaking is exempt
from the requirements of the Regulatory Flexibility Act.
C. Review Under the Paperwork Reduction Act
This final rule does not impose a collection of information
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
D. Review Under the National Environmental Policy Act
DOE has concluded that promulgation of this rule falls into a class
of actions that would not individually or cumulatively have a
significant impact on the human environment, as determined by DOE's
regulations implementing the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). Specifically, this rule amends existing
regulations without changing the environmental effect of the
regulations being amended, and, therefore, is covered under the
Categorical Exclusion in paragraph A5 of Appendix A to subpart D, 10
CFR part 1021. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. Section 3(b)(2) of
Executive Order 12988 specifically requires that Executive agencies
make every reasonable effort to ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any, to be given to the regulation;
(2) clearly specifies any effect on existing Federal law or regulation;
(3) provides a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) specifies the
retroactive effect, if any, to be given to the regulation; (5) defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations (65 FR 13735). DOE has examined this rule and has
determined that it does not preempt State law and does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of a Federal
regulatory action on State, local, and tribal governments, and the
private sector. DOE has determined that this regulatory action does not
impose a Federal mandate on State, local or tribal governments or on
the private sector.
H. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OIRA, which is part of OMB, a Statement of Energy Effects for any
proposed significant energy action. A ``significant energy action'' is
defined as any action by an agency that promulgates or is expected to
lead to promulgation of a final rule, and that: (1) Is a significant
regulatory action under Executive Order 12866, or any successor order;
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (2) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
This regulatory action is not a significant energy action. Accordingly,
[[Page 59954]]
DOE has not prepared a Statement of Energy Effects.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment
J. Review Under the Treasury and General Government Appropriations Act,
2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516, note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this
final rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
K. Administrative Procedure Act
An agency may find good cause to exempt a rule from the requirement
for a notice of proposed rulemaking and the opportunity for public
comment under the APA if the requirement is determined to be
unnecessary, impracticable, or contrary to the public interest under 5
U.S.C. 533(b)(3)(B). The rule updates the industry safety and health
standards incorporated by reference in 10 CFR part 851. The updates are
strictly technical amendments. Consequently, good cause exists for
issuing this amendment as a final rule as notice and comment is
unnecessary.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of this final rule prior to the effective date
set forth at the outset of this rulemaking. The report will state that
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 801(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 851
Civil penalty, Federal buildings and facilities, Incorporation by
reference, Occupational safety and health, Reporting and recordkeeping
requirements, Safety.
Issued in Washington, DC, on December 12, 2017.
Matthew B. Moury,
Associate Under Secretary for Environment, Health, Safety and Security.
For the reasons set forth in the preamble, the Department of Energy
amends part 851 of chapter III of title 10 of the Code of Federal
Regulations as set forth below:
PART 851--WORKER SAFETY AND HEALTH PROGRAM
0
1. The authority citation for part 851 continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42
U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.
0
2. Section 851.23 is amended by:
0
a. Removing in paragraph (a)(2), ``1904.44,'';
0
b. Revising paragraphs (a)(9) and (10);
0
c. Removing in paragraph (a)(11), ``(2000)'', and adding in its place
``(2014)'';
0
d. Removing in paragraph (a)(12), ``(1999)'', and adding in its place
``(2012)'';
0
e. Removing in paragraph (a)(13), ``(2005)'', and adding in its place
``(2017)''; and
0
f. Removing in paragraph (a)(14), ``(2004)'', and adding in its place
``(2015)'';
The revisions read as follows:
Sec. 851.23 Safety and health standards.
(a) * * *
(9) American Conference of Governmental Industrial Hygienists
(ACGIH[supreg]), ``Threshold Limit Values for Chemical Substances and
Physical Agents and Biological Exposure Indices,'' (2016) (incorporated
by reference, see Sec. 851.27) when the ACGIH[supreg] Threshold Limit
Values (TLVs) are lower (more protective) than permissible exposure
limits in 29 CFR part 1910 for general industry and/or part 1926 for
construction. When the ACGIH TLVs are used as exposure limits,
contractors must nonetheless comply with the other provisions of any
applicable expanded health standard found in 29 CFR part 1910 and/or
part 1926.
(10) American National Standards Institute (ANSI/ASSE) Z88.2,
``American National Standard Practices for Respiratory Protection,''
(2015) (incorporated by reference, see Sec. 851.27).
* * * * *
Sec. 851.26 [Amended]
0
3. Section 851.26 is amended:
0
a. In paragraph (a)(2) by removing ``DOE Manual 231.1-1A, Environment,
Safety and Health Reporting Manual, September 9, 2004 (incorporated by
reference, see Sec. 851.27)'' and adding in its place ``DOE reporting
directives.'';
0
b. In paragraph (a)(3) by removing ``in DOE Manual 231.1-1A.'' and
adding in its place ``by DOE.''; and
0
c. In paragraph (b)(2) by removing ``(reference DOE Order 225.1A,
Accident Investigations, November 26, 1997)''.
0
4. Section 851.27 is revised to read as follows:
Sec. 851.27 Materials incorporated by reference.
(a) General. We incorporate by reference the following standards
into part 851. The material has been approved for incorporation by the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. Any subsequent amendment to a standard by the standard-setting
organization will not affect the DOE regulations unless and until
amended by DOE. Material is incorporated as it exists on the date of
the approval. To use a subsequent amendment to a standard, DOE must
publish a document in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the U.S. Department of Energy, Office of Environment,
Health, Safety and Security, Office of Worker Safety and Health Policy,
1000 Independence Ave. SW, Washington, DC 20585. 301-903-6061. The
material is available for inspection 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: www.archives.gov/federal-register/cfr/ibr-locations.html. Standards can be obtained from
the sources listed below.
(b) ACGIH[supreg]. American Conference of Governmental Industrial
Hygienist, 1330 Kemper Meadow Drive, Cincinnati, OH 45240. Telephone
number: 513-742-2020, or go to: https://www.acgih.org.
(1) ACGIH[supreg], Threshold Limit Values for Chemical Substances
and Physical Agents and Biological Exposure Indices, 2016; IBR approved
for Sec. 851.23.
[[Page 59955]]
(2) Reserved.
(c) ANSI. American National Standards Institute, 1899 L Street NW,
11th Floor, Washington, DC 20036. Telephone number: 202-293-8020, or go
to: https://www.ansi.org.
(1) ANSI Z49.1-2012, American National Standard Safety in Welding,
Cutting and Allied Processes, sections 4.3 and E4.3, ANSI approved
March 9, 2012, IBR approved for Sec. 851.23.
(2) ANSI/ASSE Z88.2-2015, American National Standard Practices for
Respiratory Protection, ANSI approved March 4, 2015, IBR approved for
Sec. 851.23.
(3) ANSI Z136.1-2014, American National Standard for Safe Use of
Lasers, ANSI approved December 10, 2013, IBR approved for Sec. 851.23.
(d) ASME. American Society of Mechanical Engineers, P.O. Box 2300,
Fairfield, NJ 07007. Telephone: 800-843-2763, or got to: https://www.asme.org.
(1) ASME Boilers and Pressure Vessel Codes (BPVC) as follows:
(i) BPVC.I-2015, Section I--Rules for Construction of Power
Boilers, 2015 edition, issued July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(ii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (Beginning to SA-450), 2015 edition, issued
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
(iii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (SA-451 to End), 2015 edition, issued July 1,
2015; IBR approved for appendix A, section 4, Pressure Safety;
(iv) BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous
Material Specifications, 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
(v) BPVC.II.C-2015, Section II--Materials, Part C--Specification
for Welding Rods; Electrodes, and Filler Metals; 2015 edition, issued
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
(vi) BPVC.II.D.C-2015, Section II--Materials, Part D--Properties
(Customary); 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety
(vii) BPVC.II.D.M-2015, Section II--Materials, Part D--Properties
(Metric); 2015 edition, issued July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(viii) BPVC.III.A-2015, Section III--Rules for Construction of
Nuclear Facility Components, Appendices; 2015 edition, issued July 1,
2015; IBR approved for appendix A, section 4, Pressure Safety;
(ix) BPVC.III.1.NB-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NB, Class 1
Components; 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(x) BPVC.III.1.NC-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NC, Class 2
Components; 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xi) BPVC.III.1.ND-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection ND, Class 3
Components; 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xii) BPVC.III.1.NE-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NE, Class MC
Components; 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xiii) BPVC.III.1.NF-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NF, Supports; 2015
edition, issued July 1, 2015; IBR approved for appendix A, section 4,
Pressure Safety;
(xiv) BPVC.III.1.NG-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NG, Core Support
Structures; 2015 edition, issued July 1 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xv) BPVC.III.1.NH-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NH, Class 1
Components in Elevated Temperature Service; 2015 edition, issued July
1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
(xvi) BPVC.III.NCA-2015, Section III--Rules for Construction of
Nuclear Facility; Components, Subsection NCA, General Requirements for
Division 1 and Division 2; 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
(xvii) BPVC.III.2-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 2, Code for Concrete
Containments; 2015 edition, issued July 1, 2015; IBR approved for
appendix A, section 4, Pressure Safety;
(xviii) BPVC.III.3-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 3, Containments for
Transportation and Storage of Spent Nuclear Fuel and High Level
Radioactive Material and Waste; 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
(xix)) BPVC.III.5-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 5, High Temperature Reactors;
2015 edition, issued July 1, 2015; IBR approved for appendix A, section
4, Pressure Safety;
(xx) BPVC.IV-2015, Section IV, Rules for Construction of Heating
Boilers; 2015 edition, issued July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xxi) BPVC.V-2015, Section V, Nondestructive Examination; 2015
edition, issued July 1, 2015; IBR approved for appendix A, section 4,
Pressure Safety;
(xxii) BPVC.VI-2015, Section VI, Recommended Rules for the Care and
Operation of Heating Boilers; 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
(xxiii) BPVC.VII-2015, Section VII, Recommended Guidelines for the
Care of Power Boilers; 2015 edition, issued July 1, 2015; IBR approved
for appendix A, section 4, Pressure Safety;
(xxiv) BPVC.VIII.1-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 1; 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
(xxv) BPVC.VIII.2-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 2, Alternative Rules; 2015 edition, issued
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
(xxvi) BPVC.VIII.3-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 3, Alternative Rules for Construction of
High Pressure Vessels; 2015 edition, issued July 1, 2015; IBR approved
for appendix A, section 4, Pressure Safety;
(xxvii) BPVC.IX-2015, Section IX--Welding, Brazing and Fusing
Qualifications, Qualification Standard for Welding, Brazing, and Fusing
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing
Operators; 2015 edition, issued July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xxviii) BPVC.X-2015, Section X, Fiber--Reinforced Plastic Pressure
Vessels; 2015 edition, issued July 1, 2015; IBR approved for appendix
A, section 4, Pressure Safety;
(xxix) BPVC.XI-2015, Section XI, Rules for Inservice Inspection of
Nuclear Power Plant Components; 2015 edition, issued July 1, 2015; IBR
approved for appendix A, section 4, Pressure Safety;
[[Page 59956]]
(xxx) BPVC.XII-2015, Section XII, Rules for Construction and
Continued Service of Transport Tanks; issued July 1, 2015; IBR approved
for appendix A, section 4, Pressure Safety;
(xxxi) BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure Vessels;
2015 edition, issued July 1, 2015; IBR approved for appendix A, section
4, Pressure Safety; and
(xxxii) BPVC.CC.NC-2015, Code Cases, Nuclear Components; issued
July 1, 2015, IBR approved for appendix A, section 4, Pressure Safety.
(2) ASME B31 codes for pressure piping as follows:
(i) B31.1-2016, Power Piping, ASME Code for Pressure Piping, B31,
issued June 30, 2016; IBR approved for appendix A, Section 4, Pressure
Safety;
(ii) B31.3-2014, Process Piping, ASME Code for Pressure Piping,
B31, issued February 27, 2015; IBR approved for appendix A, Section 4,
Pressure Safety;
(iii) B31.4-2016, Pipeline Transportation Systems for Liquids and
Slurries, ASME Code for Pressure Piping, B31, issued March 31, 2016;
IBR approved for appendix A, Section 4, Pressure Safety;
(iv) B31.5-2016, Refrigeration Piping and Heat Transfer Components,
ASME Code for Pressure Piping, B31, issued June 29, 2016; IBR approved
for appendix A, Section 4, Pressure Safety;
(v) B31.8-2016, Gas Transmission and Distribution Piping Systems,
ASME Code for Pressure Piping, B31, issued September 30, 2014; IBR
approved for appendix A, Section 4, Pressure Safety;
(vi) B31.8S-2014, Managing System Integrity of Gas Pipelines, ASME
Code for Pressure Piping, B31, Supplement to ASME B31.8, issued
September 30, 2014; IBR approved for appendix A, Section 4, Pressure
Safety;
(vii) B31.9-2014, Building Services Piping, ASME Code for Pressure
Piping, B31, issued April 28, 2014; IBR approved for appendix A,
Section 4, Pressure Safety; and
(viii) B31G-2012, Manual for Determining the Remaining Strength of
Corroded Pipelines, Supplement to ASME B31 Code for Pressure Piping,
issued October 24, 2012; IBR approved for appendix A, Section 4,
Pressure Safety.
(e) NFPA. The National Fire Protection Association, One
Batterymarch Park, Quincy, MA 02169. Telephone: 617-984-7423, or go to:
https://www.nfpa.org.
(1) NFPA 70, National Electric Code, (2017), issued August 4, 2016;
IBR approved for Sec. 851.23; and
(2) NFPA 70E, Standard for Electrical Safety in the Workplace,
(2015 edition), issued July 14, 2014; IBR approved for Sec. 851.23.
0
5. Appendix A to part 851 is amended:
0
a. In section 3, Explosives Safety, by revising paragraph (b);
0
b. In section 4, Pressure Safety, by revising paragraphs (b)(1) and
(2); and
0
c. In section 6, Industrial Hygiene, by revising paragraph (f).
The revisions read as follows:
Appendix A to Part 851--Worker Safety and Health Functional Areas
* * * * *
3. Explosives Safety
* * * * *
(b) Contractors must comply with the policy and requirements
specified in the appropriate explosives safety technical standard.
* * * * *
4. Pressure Safety
* * * * *
(b) * * *
(1) The applicable American Society of Mechanical Engineers
(ASME) boilers and pressure vessel codes (BPVC), including
applicable code cases as indicated in paragraphs (b)(1)(i) through
(xxxii) of this section:
(i) BPVC.I-2015, Section I--Rules for Construction of Power
Boilers (incorporated by reference, see Sec. 851.27);
(ii) BPVC.II.A-2015, Section II-Materials, Part A--Ferrous
Material Specifications (Beginning to SA-450) (incorporated by
reference, see Sec. 851.27);
(iii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous
Material Specifications (SA-451 to End) (incorporated by reference,
see Sec. 851.27);
(iv) BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous
Material Specifications (incorporated by reference, see Sec.
851.27);
(v) BPVC.II.C-2015, Section II--Materials, Part C-Specification
for Welding Rods; Electrodes, and Filler Metals (incorporated by
reference, see Sec. 851.27);
(vi) BPVC.II.D.C-2015, Section II--Materials, Part D--Properties
(Customary) (incorporated by reference, see Sec. 851.27);
(vii) BPVC.II.D.M-2015, Section II--Materials, Part D--
Properties (Metric) (incorporated by reference, see Sec. 851.27);
(viii) BPVC.III.A-2015, Section III--Rules for Construction of
Nuclear Facility Components, Appendices (incorporated by reference,
see Sec. 851.27);
(ix) BPVC.III.1.NB-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NB, Class 1
Components (incorporated by reference, see Sec. 851.27);
(x) BPVC.III.1.NC-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NC, Class 2
Components (incorporated by reference, see Sec. 851.27);
(xi) BPVC.III.1.ND-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection ND, Class 3
Components (incorporated by reference, see Sec. 851.27);
(xii) BPVC.III.1.NE-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NE, Class MC
Components (incorporated by reference, see Sec. 851.27);
(xiii) BPVC.III.1.NF-2015, Section III--Rules for Construction
of Nuclear Facility Components, Division I--Subsection NF, Supports
(incorporated by reference, see Sec. 851.27);
(xiv) BPVC.III.1.NG-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NG, Core Support
Structures (incorporated by reference, see Sec. 851.27);
(xv) BPVC.III.1.NH-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division I--Subsection NH, Class 1
Components in Elevated Temperature Service (incorporated by
reference, see Sec. 851.27);
(xvi) BPVC.III.NCA-2015, Section III--Rules for Construction of
Nuclear Facility; Components, Subsection NCA, General Requirements
for Division 1 and Division 2 (incorporated by reference, see Sec.
851.27);
(xvii) BPVC.III.2-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 2, Code for Concrete
Containments (incorporated by reference, see Sec. 851.27);
(xviii) BPVC.III.3-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 3, Containment for
Transportation and Storage of Spent Nuclear Fuel and High Level
Radioactive Material and Waste (incorporated by reference, see Sec.
851.27);
(xix) BPVC.III.5-2015, Section III--Rules for Construction of
Nuclear Facility Components, Division 5, High Temperature Reactors
(incorporated by reference, see Sec. 851.27);
(xx) BPVC.IV-2015, Section IV, Rules for Construction of Heating
Boilers (incorporated by reference, see Sec. 851.27);
(xxi) BPVC.V-2015, Section V, Nondestructive Examination
(incorporated by reference, see Sec. 851.27);
(xxii) BPVC.VI-2015, Section VI, Recommended Rules for the Care
and Operation of Heating Boilers (incorporated by reference, see
Sec. 851.27);
(xxiii) BPVC.VII-2015, Section VII, Recommended Guidelines for
the Care of Power Boilers (incorporated by reference, see Sec.
851.27);
(xxiv) BPVC.VIII.1-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 1 (incorporated by reference, see Sec.
851.27);
(xxv) BPVC.VIII.2-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 2, Alternative Rules (incorporated by
reference, see Sec. 851.27);
(xxvi) BPVC.VIII.3-2015, Section VIII--Rules for Construction of
Pressure Vessels, Division 3, Alternative Rules for Construction of
High Pressure Vessels (incorporated by reference, see Sec. 851.27);
(xxvii) BPVC.IX-2015, Section IX--Welding, Brazing and Fusing
Qualifications, Qualification Standard for Welding, Brazing, and
Fusing Procedures; Welders; Brazers;
[[Page 59957]]
and Welding, Brazing, and Fusing Operators (incorporated by
reference, see Sec. 851.27);
(xxviii) BPVC.X-2015, Section X, Fiber--Reinforced Plastic
Pressure Vessels (incorporated by reference, see Sec. 851.27);
(xxix) BPVC.XI-2015, Section XI, Rules for Inservice Inspection
of Nuclear Power Plant Components (incorporated by reference, see
Sec. 851.27);
(xxx) BPVC.XII-2015, Section XII, Rules for Construction and
Continued Service of Transport Tanks (incorporated by reference, see
Sec. 851.27);
(xxxi) BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure
Vessels (incorporated by reference, see Sec. 851.27); and
(xxxii) BPVC.CC.NC-2015, Code Cases, Nuclear Components
(incorporated by reference, see Sec. 851.27).
(2) The applicable ASME B31 code for pressure piping as
indicated in this paragraph; and or as indicated in paragraph (b)(3)
of this section:
(i) B31.1-2016, Power Piping (incorporated by reference, see
Sec. 851.27);
(ii) B31.3-2014, Process Piping (incorporated by reference, see
Sec. 851.27);
(iii) B31.4-2016, Pipeline Transportation Systems for Liquids
and Slurries (incorporated by reference, see Sec. 851.27);
(iv) B31.5-2016, Refrigeration Piping and Heat Transfer
Components (incorporated by reference, see Sec. 851.27);
(v) B31.8-2016, Gas Transmission and Distribution Piping Systems
(incorporated by reference, see Sec. 851.27);
(vi) B31.8S-2014, Managing System Integrity of Gas Pipelines
(incorporated by reference, see Sec. 851.27);
(vii) B31.9-2014, Building Services Piping (incorporated by
reference, see Sec. 851.27); and
(viii) B31G-2012, Manual for Determining the Remaining Strength
of Corroded Pipelines (incorporated by reference, see Sec. 851.27).
* * * * *
6. Industrial Hygiene
* * * * *
(f) Use of respiratory protection equipment tested under the DOE
Respirator Acceptance Program for Supplied-Air Suits when the
National Institute for Occupational Safety and Health-approved
respiratory protection does not exist for DOE tasks that require
such equipment. For security operations military type masks for
respiratory protection by security personnel is acceptable.
* * * * *
[FR Doc. 2017-27190 Filed 12-15-17; 8:45 am]
BILLING CODE 6450-01-P
