Incorporation by Reference of American Society of Mechanical Engineers Codes and Code Cases; Correction, 2525-2526 [2018-00708]
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2525
Rules and Regulations
Federal Register
Vol. 83, No. 12
Thursday, January 18, 2018
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2011–0088]
RIN 3150–AI97
Incorporation by Reference of
American Society of Mechanical
Engineers Codes and Code Cases;
Correction
Nuclear Regulatory
Commission.
ACTION: Correcting amendment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) published a final
rule in the Federal Register on July 18,
2017, to incorporate by reference recent
editions of and addenda to the
American Society of Mechanical
Engineers (ASME) Codes for nuclear
power plants. The final rule contained
a minor error when referring to a table
related to certification requirements for
non-destructive examination personnel.
In addition, the final rule contained a
minor error in a requirement for check
valve monitoring. This document
corrects the final rule by revising the
section that contains these errors.
DATES: This correction is effective
January 18, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2011–0088 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0088. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:51 Jan 17, 2018
Jkt 244001
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. There
are no NRC documents referenced in
this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Cindy Bladey, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3280; email: Cindy.Bladey@
nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
published a final rule in the Federal
Register on July 18, 2017 (82 FR 32934),
to incorporate by reference recent
editions of and addenda to the ASME
Codes for nuclear power plants in
chapter I of title 10 of the Code of
Federal Regulations (10 CFR). The final
rule contained a minor error when
referring to a table related to
certification requirements for nondestructive examination personnel. The
final rule inadvertently prohibited the
use of the entire appendix containing
the table instead of prohibiting only the
table and subarticle as intended. The
final rule also contained a minor error
in the requirement for check valve
monitoring in 10 CFR 50.55a(b)(3)(iv) by
referencing an incorrect edition of the
ASME Code for Operation and
Maintenance of Nuclear Power Plants
(OM Code). In particular, the final rule
amended 10 CFR 50.55a(b)(3)(iv) to state
that licensees applying Appendix II,
1998 Edition through the 2012 Edition
of the ASME OM Code shall satisfy the
requirements of paragraphs (b)(3)(iv)(A),
(B), and (D). This requirement should
have applied only to the 1998 Edition
through the 2002 Addenda of the ASME
OM Code, because the remaining
portion of 10 CFR 50.55a(b)(3)(iv)
addresses the check valve provisions
effective after the 2002 Addenda of the
ASME OM Code. This document
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
corrects the final rule by revising the
section that contains these errors.
Rulemaking Procedure
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency may
waive the normal notice and comment
requirements if it finds, for good cause,
that they are impracticable,
unnecessary, or contrary to the public
interest. As authorized by 5 U.S.C.
553(b)(3)(B), the NRC finds good cause
to waive notice and opportunity for
comment on this amendment because
the corrections will have no substantive
impact and are of a minor and
administrative nature dealing with an
error in a reference to a table in a
document being incorporated by
reference and an error when referring to
a specific edition of the ASME OM
Code.
As discussed in the statement of
considerations on page 56826 of the
proposed rule (80 FR 56820; September
18, 2015) and on page 32942 of the final
rule (82 FR 32934; July 18, 2017), the
NRC intended to prohibit the use of a
table and subarticle with an accelerated
training process for ultrasonic
examination nondestructive
examination personnel. The rule
language inadvertently prohibited the
use of the entire appendix, and this
amendment corrects the error by
prohibiting the use of the table and
subarticle only.
As discussed in the statement of
considerations on page 56832 of the
proposed rule (80 FR 56820; September
18, 2015) and on page 32950 of the final
rule (82 FR 32934; July 18, 2017), the
NRC intended that a specific
requirement for check valve monitoring
in 10 CFR 50.55a(b)(3)(iv) apply only to
the 1998 Edition through the 2002
Addenda of the ASME OM Code. The
final rule inadvertently referenced the
2012 Edition of the ASME OM Code in
this requirement rather than the 2002
Addenda. This amendment corrects the
error by replacing ‘‘2012 Edition’’ with
‘‘2002 Addenda’’ in the second sentence
of the introductory text of 10 CFR
50.55a(b)(3)(iv).
This amendment does not require
action by any person or entity regulated
by the NRC. Also, the final rule does not
change the substantive responsibilities
of any person or entity regulated by the
NRC. Furthermore, for the reasons
stated above, the NRC finds, pursuant to
5 U.S.C. 553(d)(3), that good cause
E:\FR\FM\18JAR1.SGM
18JAR1
2526
Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations
exists to make this rule effective upon
publication of this notice.
List of Subjects in 10 CFR Part 50
Administrative practice and
procedure, Antitrust, Classified
information, Criminal penalties,
Education, Fire prevention, Fire
protection, Incorporation by reference,
Intergovernmental relations, Nuclear
power plants and reactors, Penalties,
Radiation protection, Reactor siting
criteria, Reporting and recordkeeping
requirements, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendments to 10 CFR part 50:
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 11, 101, 102, 103, 104, 105, 108, 122,
147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131,
2132, 2133, 2134, 2135, 2138, 2152, 2167,
2169, 2201, 2231, 2232, 2233, 2234, 2235,
2236, 2237, 2239, 2273, 2282); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
Nuclear Waste Policy Act of 1982, sec. 306
(42 U.S.C. 10226); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note; Sec. 109, Pub. L. 96–295, 94 Stat.
783.
2. Amend § 50.55a by revising
paragraph (b)(2)(xviii)(D) and the
introductory text of paragraph (b)(3)(iv)
to read as follows:
■
§ 50.55a
Codes and standards.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(b) * * *
(2) * * *
(xviii) * * *
(D) NDE personnel certification:
Fourth provision. The use of Appendix
VII, Table VII–4110–1 and Appendix
VIII, Subarticle VIII–2200 of the 2011
Addenda and 2013 Edition of Section XI
of the ASME BPV Code is prohibited.
When using ASME BPV Code, Section
XI editions and addenda later than the
2010 Edition, licensees and applicants
must use the prerequisites for ultrasonic
examination personnel certifications in
Appendix VII, Table VII–4110–1 and
Appendix VIII, Subarticle VIII–2200 in
the 2010 Edition.
*
*
*
*
*
(3) * * *
(iv) OM condition: Check valves
(Appendix II). Licensees applying
VerDate Sep<11>2014
15:51 Jan 17, 2018
Jkt 244001
Appendix II, ‘‘Check Valve Condition
Monitoring Program,’’ of the ASME OM
Code, 1995 Edition with the 1996 and
1997 Addenda, shall satisfy the
requirements of paragraphs (b)(3)(iv)(A)
through (C) of this section. Licensees
applying Appendix II, 1998 Edition
through the 2002 Addenda, shall satisfy
the requirements of paragraphs
(b)(3)(iv)(A), (B), and (D) of this section.
Appendix II of the ASME OM Code,
2003 Addenda through the 2012
Edition, is acceptable for use with the
following requirements. Trending and
evaluation shall support the
determination that the valve or group of
valves is capable of performing its
intended function(s) over the entire
interval. At least one of the Appendix II
condition monitoring activities for a
valve group shall be performed on each
valve of the group at approximate equal
intervals not to exceed the maximum
interval shown in the following table:
Final special conditions; request
for comment.
ACTION:
These special conditions are
issued for non-rechargeable lithium
battery installations on the Dassault
Aviation (Dassault) Model Falcon 7X
airplane. Non-rechargeable lithium
batteries are a novel or unusual design
feature when compared to the state of
technology envisioned in the
airworthiness standards for transport
category airplanes. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on
Dassault Aviation on January 18, 2018.
Send your comments by March 5, 2018.
ADDRESSES: Send comments identified
TABLE II—MAXIMUM INTERVALS FOR by docket number FAA–2017–1140
USE WHEN APPLYING INTERVAL EX- using any of the following methods:
• Federal eRegulations Portal: Go to
TENSIONS
https://www.regulations.gov/ and follow
the online instructions for sending your
Maximum
comments electronically.
Maximum interval
interval
• Mail: Send comments to Docket
between activities
between
Group
of member valves
activities of
Operations, M–30, U.S. Department of
size
in the groups
each valve in
Transportation (DOT), 1200 New Jersey
(years)
the group
Avenue SE, Room W12–140, West
(years)
Building Ground Floor, Washington, DC
≥4 ..... 4.5 ..........................
16 20590–0001.
• Hand Delivery or Courier: Take
3 ....... 4.5 ..........................
12
2 ....... 6 .............................
12 comments to Docket Operations in
1 ....... Not applicable ........
10 Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
*
*
*
*
*
Avenue SE, Washington, DC, between 9
Dated at Rockville, Maryland, this 10th day a.m. and 5 p.m., Monday through
of January, 2018.
Friday, except Federal holidays.
• Fax: Fax comments to Docket
For the Nuclear Regulatory Commission.
Operations at 202–493–2251.
Cindy Bladey,
Privacy: The FAA will post all
Chief, Regulatory Analysis and Rulemaking
comments it receives, without change,
Support Branch, Division of Rulemaking,
to https://www.regulations.gov/,
Office of Nuclear Material Safety and
including any personal information the
Safeguards.
commenter provides. Using the search
[FR Doc. 2018–00708 Filed 1–17–18; 8:45 am]
function of the docket website, anyone
BILLING CODE 7590–01–P
can find and read the electronic form of
all comments received into any FAA
DEPARTMENT OF TRANSPORTATION docket, including the name of the
individual sending the comment (or
signing the comment for an association,
Federal Aviation Administration
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
14 CFR Part 25
found in the Federal Register published
[Docket No. FAA–2017–1140; Special
on April 11, 2000 (65 FR 19477–19478).
Conditions No. 25–711–SC]
Docket: Background documents or
Special Conditions: Dassault Aviation, comments received may be read at
https://www.regulations.gov/ at any time.
Model Falcon 7X Airplane; NonFollow the online instructions for
Rechargeable Lithium Battery
accessing the docket or go to Docket
Installations
Operations in Room W12–140 of the
AGENCY: Federal Aviation
West Building Ground Floor at 1200
Administration (FAA), DOT.
New Jersey Avenue SE, Washington,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
SUMMARY:
E:\FR\FM\18JAR1.SGM
18JAR1
Agencies
[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Rules and Regulations]
[Pages 2525-2526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00708]
========================================================================
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. 83, No. 12 / Thursday, January 18, 2018 /
Rules and Regulations
[[Page 2525]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2011-0088]
RIN 3150-AI97
Incorporation by Reference of American Society of Mechanical
Engineers Codes and Code Cases; Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final
rule in the Federal Register on July 18, 2017, to incorporate by
reference recent editions of and addenda to the American Society of
Mechanical Engineers (ASME) Codes for nuclear power plants. The final
rule contained a minor error when referring to a table related to
certification requirements for non-destructive examination personnel.
In addition, the final rule contained a minor error in a requirement
for check valve monitoring. This document corrects the final rule by
revising the section that contains these errors.
DATES: This correction is effective January 18, 2018.
ADDRESSES: Please refer to Docket ID NRC-2011-0088 when contacting the
NRC about the availability of information for this action. You may
obtain publicly-available information related to this action by any of
the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0088. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected].
There are no NRC documents referenced in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3280; email:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC published a final rule in the
Federal Register on July 18, 2017 (82 FR 32934), to incorporate by
reference recent editions of and addenda to the ASME Codes for nuclear
power plants in chapter I of title 10 of the Code of Federal
Regulations (10 CFR). The final rule contained a minor error when
referring to a table related to certification requirements for non-
destructive examination personnel. The final rule inadvertently
prohibited the use of the entire appendix containing the table instead
of prohibiting only the table and subarticle as intended. The final
rule also contained a minor error in the requirement for check valve
monitoring in 10 CFR 50.55a(b)(3)(iv) by referencing an incorrect
edition of the ASME Code for Operation and Maintenance of Nuclear Power
Plants (OM Code). In particular, the final rule amended 10 CFR
50.55a(b)(3)(iv) to state that licensees applying Appendix II, 1998
Edition through the 2012 Edition of the ASME OM Code shall satisfy the
requirements of paragraphs (b)(3)(iv)(A), (B), and (D). This
requirement should have applied only to the 1998 Edition through the
2002 Addenda of the ASME OM Code, because the remaining portion of 10
CFR 50.55a(b)(3)(iv) addresses the check valve provisions effective
after the 2002 Addenda of the ASME OM Code. This document corrects the
final rule by revising the section that contains these errors.
Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on this
amendment because the corrections will have no substantive impact and
are of a minor and administrative nature dealing with an error in a
reference to a table in a document being incorporated by reference and
an error when referring to a specific edition of the ASME OM Code.
As discussed in the statement of considerations on page 56826 of
the proposed rule (80 FR 56820; September 18, 2015) and on page 32942
of the final rule (82 FR 32934; July 18, 2017), the NRC intended to
prohibit the use of a table and subarticle with an accelerated training
process for ultrasonic examination nondestructive examination
personnel. The rule language inadvertently prohibited the use of the
entire appendix, and this amendment corrects the error by prohibiting
the use of the table and subarticle only.
As discussed in the statement of considerations on page 56832 of
the proposed rule (80 FR 56820; September 18, 2015) and on page 32950
of the final rule (82 FR 32934; July 18, 2017), the NRC intended that a
specific requirement for check valve monitoring in 10 CFR
50.55a(b)(3)(iv) apply only to the 1998 Edition through the 2002
Addenda of the ASME OM Code. The final rule inadvertently referenced
the 2012 Edition of the ASME OM Code in this requirement rather than
the 2002 Addenda. This amendment corrects the error by replacing ``2012
Edition'' with ``2002 Addenda'' in the second sentence of the
introductory text of 10 CFR 50.55a(b)(3)(iv).
This amendment does not require action by any person or entity
regulated by the NRC. Also, the final rule does not change the
substantive responsibilities of any person or entity regulated by the
NRC. Furthermore, for the reasons stated above, the NRC finds, pursuant
to 5 U.S.C. 553(d)(3), that good cause
[[Page 2526]]
exists to make this rule effective upon publication of this notice.
List of Subjects in 10 CFR Part 50
Administrative practice and procedure, Antitrust, Classified
information, Criminal penalties, Education, Fire prevention, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Penalties, Radiation protection,
Reactor siting criteria, Reporting and recordkeeping requirements,
Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 50:
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
1. The authority citation for part 50 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
2. Amend Sec. 50.55a by revising paragraph (b)(2)(xviii)(D) and the
introductory text of paragraph (b)(3)(iv) to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(b) * * *
(2) * * *
(xviii) * * *
(D) NDE personnel certification: Fourth provision. The use of
Appendix VII, Table VII-4110-1 and Appendix VIII, Subarticle VIII-2200
of the 2011 Addenda and 2013 Edition of Section XI of the ASME BPV Code
is prohibited. When using ASME BPV Code, Section XI editions and
addenda later than the 2010 Edition, licensees and applicants must use
the prerequisites for ultrasonic examination personnel certifications
in Appendix VII, Table VII-4110-1 and Appendix VIII, Subarticle VIII-
2200 in the 2010 Edition.
* * * * *
(3) * * *
(iv) OM condition: Check valves (Appendix II). Licensees applying
Appendix II, ``Check Valve Condition Monitoring Program,'' of the ASME
OM Code, 1995 Edition with the 1996 and 1997 Addenda, shall satisfy the
requirements of paragraphs (b)(3)(iv)(A) through (C) of this section.
Licensees applying Appendix II, 1998 Edition through the 2002 Addenda,
shall satisfy the requirements of paragraphs (b)(3)(iv)(A), (B), and
(D) of this section. Appendix II of the ASME OM Code, 2003 Addenda
through the 2012 Edition, is acceptable for use with the following
requirements. Trending and evaluation shall support the determination
that the valve or group of valves is capable of performing its intended
function(s) over the entire interval. At least one of the Appendix II
condition monitoring activities for a valve group shall be performed on
each valve of the group at approximate equal intervals not to exceed
the maximum interval shown in the following table:
Table II--Maximum Intervals for Use When Applying Interval Extensions
------------------------------------------------------------------------
Maximum
interval
Maximum interval between between
Group size activities of member valves in activities of
the groups (years) each valve in
the group
(years)
------------------------------------------------------------------------
>=4..................... 4.5........................... 16
3....................... 4.5........................... 12
2....................... 6............................. 12
1....................... Not applicable................ 10
------------------------------------------------------------------------
* * * * *
Dated at Rockville, Maryland, this 10th day of January, 2018.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-00708 Filed 1-17-18; 8:45 am]
BILLING CODE 7590-01-P