[Federal Register Volume 68, Number 130 (Tuesday, July 8, 2003)]
[Rules and Regulations]
[Pages 40469-40478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17027]
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Rules and Regulations
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Federal Register / Vol. 68, No. 130 / Tuesday, July 8, 2003 / Rules
and Regulations
[[Page 40469]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AG86
Incorporation by Reference of ASME BPV and OM Code Cases
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to incorporate by reference NRC Regulatory Guides listing
Code cases published by the American Society of Mechanical Engineers
(ASME) which the NRC has reviewed and found to be acceptable for use.
These Code cases provide alternatives to requirements in the ASME
Boiler and Pressure Vessel Code (BPV Code) and the ASME Code for
Operation and Maintenance of Nuclear Power Plants (OM Code) pertaining
to construction, inservice inspection and inservice testing of nuclear
power plant components. This action incorporates by reference three
regulatory guides that address NRC review and approval of ASME-
published Code cases. Therefore, the Code cases listed in these
regulatory guides are incorporated by reference into the NRC's
regulations.
EFFECTIVE DATE: August 7, 2003. The incorporation by reference of
certain publications listed in the regulation is approved by the
Director of the Office of the Federal Register as of August 7, 2003.
FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-3092, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
New editions of the ASME BPV and OM Codes are issued every three
years and addenda to the editions are issued annually. It has been the
Commission's policy to update 10 CFR 50.55a to incorporate the ASME
Code editions and addenda by reference. Section 50.55a was last amended
on September 26, 2002 (67 FR 60520), to incorporate by reference the
1998 Edition of these Codes, up to and including the 2000 Addenda. The
ASME also publishes Code cases for Section III and Section XI quarterly
and Code cases for the OM Code yearly. Code cases are alternatives to
the requirements of the ASME BPV Code and the OM Code. In the past the
NRC staff's practice was to review these Code cases and find them
either acceptable, conditionally acceptable, or unacceptable for use by
NRC licensees. These Code cases were then listed in periodically
revised regulatory guides (RGs), together with information on their
acceptability. Footnote 6 to Sec. 50.55a referred to those RGs listing
Code cases determined by the staff to be ``suitable for use.'' However,
the publication dates and version numbers of the RGs were not specified
in Footnote 6 and these RGs had not been approved by the Director of
the Office of the Federal Register (OFR) for incorporation by reference
into the Code of Federal Regulations.
Discussion
The NRC identified a concern with the practice of generally
referencing the RGs addressing ASME Code cases in Footnote 6 to Sec.
50.55a. The notice and comment provisions of the Administrative
Procedure Act (APA) (5 U.S.C. 551 et seq.), as amended, were arguably
not satisfied by this practice. To address this matter, on March 19,
2002 (67 FR 12488), the NRC published a proposed amendment to revise
Sec. 50.55a to incorporate by reference the regulatory guides which
list the ASME Code cases approved or conditionally approved by the NRC.
This final rule amends 10 CFR 50.55a(b) to incorporate by reference
the RGs listing ASME BPV and OM Code cases which are approved for use
by NRC licensees (including their revision numbers) into Title 10 of
the Code of Federal Regulations. The text of existing Footnote 6 to
Sec. 50.55a is deleted and all references to Footnote 6 in Sec.
50.55a have been removed and replaced by language that specifies, where
appropriate, that the optional ASME Code cases that are incorporated by
reference in Sec. 50.55a(b) may be applied in lieu of the
corresponding requirements of the ASME Codes. Sections 50.55a(b)(4),
(b)(5), and (b)(6), which specify limitations upon the implementation
of approved ASME Code cases, have been added.
Over the past several years, NRC licensees have expressed their
dissatisfaction about the length of time it takes the NRC to review and
approve Code cases. To improve the efficiency of the process for
endorsement of ASME Code cases, the NRC plans to proceed as follows for
future updates. First, the NRC will review Code cases and revise the
RGs periodically to indicate Code cases approved for use by NRC
licensees. The NRC will issue the draft RGs for comment before issuance
of the final RGs. At approximately the time each set of final guides is
issued, the NRC will also issue the next set of proposed guides.
Second, the NRC will conduct rulemakings to incorporate by reference
the revised RGs into Sec. 50.55a. The NRC will complete each
rulemaking within a short time of the issuance of the applicable final
RGs. Where these rulemakings do not involve any significant questions
of policy, they will be issued in accordance with the rulemaking
authority delegated to the NRC's Executive Director for Operations
under NRC Management Directives 6.3 and 9.17. To expedite the issuance
of subsequent rules, the NRC will conduct these rulemakings without
preparing a rulemaking plan. If the rulemakings are not controversial
and significant adverse comment is not expected, the NRC will
incorporate by reference future revisions of the RGs through the
issuance of direct final rules. These actions should expedite the NRC
process for reviewing and approving ASME Code cases.
Resolution of Public Comments
In response to the publication of the proposed rule, the NRC
received eight letters commenting on various aspects of the rulemaking.
The letters came from utilities, law firms representing utilities, and
the Nuclear Energy Institute (NEI). NEI sent a second letter to
supplement its first letter. The following sections address the various
issues raised by the public commenters.
[[Page 40470]]
1. Comment
On December 28, 2001 (66 FR 67335), the NRC published a notice of
the availability of proposed revisions to RGs 1.84 and 1.147 and a new
proposed RG [temporarily designated DG-1089 but subsequently given a
permanent designation of RG 1.192] and solicited public comments. One
rule commenter that had responded to the December 28, 2001, notice
requests that the NRC consider the comments he submitted on the
proposed regulatory guides as part of this rulemaking.
Response
The NRC has considered the public comments received in response to
its December 28, 2001, notice and has resolved those comments by
modifying the guides, as appropriate, or providing its rationale for
not doing so. The public comments received and the NRC resolution of
the comments on the guides is available to the public as indicated in
the ``Availability of Documents'' section of these statements of
consideration. The NRC finds no reason to further consider those
comments as part of this rulemaking.
2. Comment
One commenter believes that as an alternative to this rulemaking,
the NRC should consider developing a Web site (1) where the individual
Code cases could be posted for public comment and for subsequent NRC
acceptance (identifying any limitations on or exceptions to the use of
the Code cases), or (2) where revisions to the RGs could be posted for
comment each time the NRC proposes to endorse a Code case. Either
method would allow individual Code cases to be reviewed by the NRC,
posted for public comment, and accepted for use by licensees within 3-
to-6 months of the ASME publication of the Code case, as compared to
the 3-to-5 years between past revisions of the RGs.
Response
The commenter's suggestion does not appear to be in compliance with
the notice and comment provisions of the APA. The APA requires notice
of proposed rulemaking to be published in the Federal Register. As
discussed earlier, the Code cases listed in the RGs to be incorporated
by reference provide alternatives to compliance with the ASME Codes,
which are rules by virtue of their incorporation by reference into
Sec. 50.55a. Accordingly, it is the NRC's view that any generally
applicable alternatives to the endorsed ASME Codes must be considered
requirements, and are therefore subject to the notice and comment
requirements of the APA.
3. Comment
Some commenters state that the NRC's regulations already allow
``generic'' approval of Code cases as alternatives to the requirements
in Sec. 50.55a. In accordance with Sec. 50.55a(a)(3), alternatives
``may be used when authorized by the Director of the Office of Nuclear
Reactor Regulation'' if the alternatives provide an acceptable level of
quality and safety. Several commenters believe that the NRC's
acceptance on a generic basis could be authorized in a generic
communication, such as a regulatory issue summary. These commenters
recommend that if the NRC determines that the current provisions do not
allow a generic approval in this manner, the NRC should provide a
generic approval process similar to Sec. 50.55a(a)(3) that would not
require continued rulemaking for endorsement of Code cases.
Response
The NRC does not agree that the provisions in Sec. 50.55a(a)(3)
provide for generic approval of Code cases. This paragraph allows
licensees, on a license-specific basis, to request NRC's review and
approval of alternatives to the requirements in the ASME Codes. The
purpose of Sec. 50.55a(a)(3) is to provide a mechanism for individual
licensees to request approval to implement measures (including Code
cases) not generically approved by the NRC in order to meet specific
licensee needs. The NRC does not believe that it may through rulemaking
adopt a procedure for ``generically'' approving alternatives to ASME
Code provisions which are incorporated by reference in Sec. 50.55a if
the procedure does not meet the requirements for rulemaking or an
``order'' under the APA.
4. Comment
While acknowledging that the recommendation is beyond the scope of
this rulemaking, one commenter suggests that the NRC explore whether
Sec. 50.55a should be revised to no longer reference the editions and
addenda of the ASME Code. The editions and addenda of the Code and the
Code cases could be put into RGs which provide a means by which the
revised regulation could be met. The commenter believes that both the
editions and addenda of the Code sections and Code cases could be
approved more efficiently in this manner.
Response
The NRC previously considered this approach but rejected it because
of the difficulty, the length of time, and substantial resources that
would be necessary to develop a rule that sets forth general
requirements for inservice inspection (ISI), inservice testing (IST),
and the construction of nuclear power plant components. The NRC agrees
that if the rule were revised to no longer incorporate the ASME Codes
by reference, then this rulemaking to approve Code cases would not be
necessary. However, as a practical matter, to avoid imposing a backfit,
the rule would likely have to include a grandfather provision that
would allow licensees to use current ASME Code requirements already
incorporated by reference into Sec. 50.55a. Thus, the NRC would still
be faced with the task of conducting rulemakings to approve Code cases
for the grandfathered licensees.
5. Comment
Several commenters urge the NRC to expedite the process for
reviewing and approving ASME Code cases. One commenter believes that
the proposed rule is inconsistent with the NRC strategic goal of
improving the efficiency of the regulatory process. Alternative
approaches for streamlining the process should be explored.
Response
The NRC agrees that the process of approving ASME BPV and OM Code
cases through incorporation by reference into the regulations is
cumbersome and that a more efficient process would better satisfy the
NRC's goal of streamlining the regulatory process. As mentioned in the
Discussion section of these statements of consideration, the NRC is
planning several actions that it believes will improve the timeliness
of the incorporation by reference process. Other actions to improve the
efficiency of the Code case approval process are discussed in the
Resolution of Public Comments on Guides document published in
conjunction with the publication of the RGs in question (see
``Availability of Documents'' section). However, any streamlining of
the process must comply with applicable law.
6. Comment
One commenter recommends that, if the NRC believes it must use the
rulemaking process to incorporate by reference its Code case approvals,
maximum use should be made of the direct final rule process to enable
[[Page 40471]]
licensees to implement Code cases sooner.
Response
The NRC agrees with this comment and is considering the feasibility
of taking this approach with future rulemakings of this type. Direct
final rules are published together with companion proposed rules
containing the identical regulations. If there is no significant
adverse public comment on the direct final rule during the comment
period, the rule becomes a final rule within a specified number of days
after publication. If one or more significant adverse comment is
received, the direct final rule is withdrawn and the proposed rule is
treated as though no direct final rule had been published. There is no
further opportunity for public comment. However, the NRC cautions that
the RGs in question may control the timeliness in this matter. Unless a
method to streamline the RG publication process is developed,
efficiencies arrived at by using direct final rules may be minor.
7. Comment
Several commenters object to the wording in proposed Sec.
50.55a(i)(2)(ii), as well as the parallel wording of Sec. Sec. 50.55a
(i)(3)(ii) and (i)(4)(ii). The proposed language would require that
users of a Code case implement newly approved versions of the Code case
along with any modifications or limitations. The commenters argue that
this is inconsistent with the existing requirements in Sec. Sec.
50.55a (f)(4)(ii) and (g)(4)(ii), which permit licensees to defer
implementation of new ASME Code criteria.
Response
The NRC agrees that the proposed rule language would require
licensees who have implemented a Code case to implement additional
modifications and limitations if the Code case is revised in the
future. In general, this is contrary to NRC's intention. The NRC
intends that once an approved Code case is implemented by an applicant
or licensee, it may continue to apply the Code case until it updates
its Code of Record for the component being constructed or until the end
of the licensee's current 120-month ISI or IST update interval, as
applicable. Accordingly, the proposed rule language has been modified
in the final rule Sec. Sec. 50.55a (b)(4)(ii), (b)(5)(ii), and
(b)(6)(ii) (corresponding to Sec. Sec. 50.55a (i)(2)(ii), (i)(3)(ii),
and (i)(4)(ii) in the proposed rule) to clarify the NRC's intention in
this regard. An exception to this would be when the NRC's initial
approval of the Code case by a specific licensee is conditioned by
including language that requires the licensee to apply any limitations
or conditions specified in a revised RG that approves that Code case.
Accordingly, the final rule states that the licensee may apply the
previous version of the Code case ``as authorized,'' which refers to
the NRC's condition in the initial approval of the Code case for use by
a specific licensee.
8. Comment
One commenter states that proposed Sec. 50.55a(i)(2)(iv) is not
``conducive to'' use with repair/replacement activities under Section
XI of the ASME Code and the Section XI Code cases. Replacement items
are procured over time and many different editions and addenda of
Section III may be referenced for different items. Therefore, the
phrase in the proposed rule ``* * * until the licensee updates its
Section III Code of Record'' could be interpreted as referring to a
singular event rather than an action that occurs many times. Adding the
phrase ``for the item being constructed'' would clarify that a licensee
can use an annulled Code case until it procures the specific item to an
updated Section III.
The commenter is also concerned about situations in which the
licensee implements a Code case to a certain edition of the Code, but
later updates his Code of Record to a later edition of the Code. In
some instances the updated Code of Record will not have the Code case
approved because it has been incorporated into the Code. The commenter
recommends the following wording to resolve both concerns: ``A licensee
that has initiated implementation of a Code case that is subsequently
annulled by the ASME may continue to apply that Code case until the
licensee updates its Section III Code of Record for the item being
constructed to an edition or addenda of Section III that has
incorporated the case.''
Response
The NRC agrees with these comments and has amended Sec.
50.55a(b)(4)(iii) in the final rule to read as the commenter suggests
with some further clarifications, as follows: ``Application of an
annulled Code case is prohibited unless an applicant or licensee
applied the listed Code case prior to it being listed as annulled in
Regulatory Guide 1.84. If an applicant or licensee has applied a listed
Code case that is later listed as annulled in Regulatory Guide 1.84,
the applicant or licensee may continue to apply the Code case until it
updates its Code of Record for the component being constructed.''
9. Comment
A commenter requests that the NRC retain Footnote 6 of Sec. 50.55a
and amend it to reference a new RG which is temporarily designated as
DG-1112. Although this RG, which has been designated NRC Regulatory
Guide 1.193, lists Code cases that the NRC has reviewed and not
approved, the commenter believes that it would be useful to licensees
because they could still implement the Code cases through the
provisions of Sec. 50.55a(a)(3), if the NRC's concerns are adequately
resolved.
Response
The NRC does not believe that it is appropriate to reference RGs
that list disapproved ASME Code cases. The fact the NRC has not
incorporated a Code case by reference simply means that the Code case
has not received generic NRC approval, and therefore may not be applied
without prior NRC review and approval. Referencing RGs which list
disapproved Code cases may give the appearance that the NRC has
generically disapproved the Code cases in question, which is incorrect.
As the commenter points out, disapproved Code cases may be proposed
through the relief request process permitted by Sec. 50.55a(a)(3).
Also, the NRC does not believe that the lack of a reference to
Regulatory Guide 1.193 presents a hardship to licensees. Licensees are
generally aware of its existence and availability and may make use of
it as they see fit. Thus, the final rule does not reference this RG.
10. Comment
Several commenters recommend that the incorporation by reference of
the RGs listing the NRC-approved ASME BPV and OM Code cases be placed
in Sec. 50.55a(b), instead of in a new Sec. 50.55a(i) as in the
proposed rule, because of the similarity of the requirements.
Response
During the preparation of the proposed rule, the staff considered
several options for integrating the incorporation by reference of the
RGs with the remaining requirements in Sec. 50.55a and sought public
comment on this question. The staff agrees with the commenters that
incorporation by reference of the RGs listing NRC-approved Code cases
should be co-located with the incorporation by reference of the various
ASME BPV and OM Code editions and addenda. Thus, this final rule
expands Sec. 50.55a(b) to include the incorporation by reference
[[Page 40472]]
of the RGs and adds paragraphs (b)(4), (b)(5), and (b)(6) to specify
the implementation requirements.
11. Comment
Sections 50.55a(i)(2)(iv), 50.55a(i)(3)(iv), and 50.55a(i)(4)(iv)
of the proposed rule state that licensees could no longer apply an NRC-
approved annulled Code case if the NRC later determines the Code case
is unacceptable for use and revises Sec. 50.55a or the applicable
regulatory guide (1.84, 1.147, or 1.192) to prohibit continued
application of the annulled Code case. Several commenters state that
revising Sec. 50.55a or the applicable regulatory guide (1.84, 1.147,
or 1.192) to prohibit continued application of the NRC-approved
annulled Code case for the remainder of the interval is a backfit.
Response
The NRC agrees that any revision to Sec. 50.55a prohibiting the
continued application of an annulled Code case for the remainder of an
interval would be a backfit that must be justified in accordance with
Sec. 50.109. In order to avoid confusion, the requirement in the
proposed rule prohibiting the continued application of an annulled Code
case previously approved by the NRC is deleted in the final rule.
However, if in the future, an NRC-approved Code case is annulled,
allowed to expire, or revised because the Code case is no longer
adequate, the NRC will consider amending Sec. 50.55a and the
applicable regulatory guide to prohibit continued application of the
Code case. The NRC will justify the revision to Sec. 50.55a in
accordance with the requirements in Sec. 50.109.
12. Comment
Several commenters recommend that the phrase, ``or the optional
ASME Code cases listed in the RGs incorporated by reference in
paragraph (i) of this section'' be added in six other paragraphs in
Sec. 50.55a where reference is made to the use of ASME BPV or OM Code
provisions.
Response
The phrase in question occurred in various locations of Sec.
50.55a in the proposed rule where the regulations in the current rule
had referred the reader to Footnote 6 (which references the RGs listing
approved Code cases). The NRC agrees with the commenter that the
reference to the use of the optional ASME BPV and OM Code cases should
also be included in the specified paragraphs. The NRC has modified
Sec. Sec. 50.55a(f)(3)(iii)(B), (f)(3)(iv)(B), (f)(4)(i), (f)(4)(ii),
(g)(4)(i), and (g)(4)(ii), accordingly.
13. Comment
One commenter states that the incorporation by reference of the
ASME Code cases in Sec. 50.55a is unnecessary because the ASME issues
Code cases as alternative rules applicable for a 3-year period, after
which the Code cases are incorporated into the ASME Code, annulled, or
renewed, and because Sec. 50.55a has provisions for endorsement of
future editions and addenda of the ASME Code. The commenter also
believes the process is inefficient and unlawful because it introduces
new regulatory positions without satisfying the requirements of the
Backfit Rule, 10 CFR 50.109.
Response
The Commission agrees that once the provisions of a Code case are
incorporated into an edition or addenda of the ASME BPV or OM Code, and
those editions and addenda of the Codes are incorporated by reference,
there is no need for incorporation by reference of those alternative
requirements. However, from the time that the Code case is published by
the ASME to the time it is listed in an incorporated edition or addenda
of the Codes, there is no legal mechanism for the NRC to approve its
use other than through the provisions of Sec. 50.55a(a)(3) for
requesting approval of alternatives. This requires a case-by-case
review and approval, which is time consuming and wasteful of agency
resources. Therefore, the Commission has determined that rulemaking
approving the use of alternatives to the required ASME Code provisions
specified in Sec. 50.55a is the most efficient course of action that
complies with applicable law.
This rulemaking contains no requirements that satisfy the
definition of a backfit as specified in 10 CFR 50.109(a)(1). The
initial application of a Code case is voluntary on the part of the
licensee. Absent approval of the NRC, either on a license-specific
basis or through a generic rulemaking, a licensee is not legally
authorized to use an ASME Code case. Hence, any limitations on the use
of Code cases are not backfits as defined in Sec. 50.109(a)(1).
14. Comment
Several commenters believe that the NRC is acting contrary to the
intent of Congress in passing the National Technology Transfer and
Advancement Act of 1995, (Pub. L. 104-113), which was implemented
through Office Management and Budget (OMB) Circular A-119 and NRC
Management Directive 6.5, ``NRC Participation on Development and Use of
Consensus Standards.'' These commenters believe the NRC has not
identified regulations that are in direct conflict with the published
Code case or documented a regulatory basis for imposing limitations or
modifications.
Response
The NRC does not agree with the commenters' opinion that the NRC
has not fully complied with the letter and intent of Public Law 104-113
and the associated guidance. Public Law 104-113, requires that Federal
agencies use technical standards that are developed by voluntary
consensus standards bodies unless the use of these standards is
inconsistent with applicable law or is otherwise impractical. The
statute does not require Federal agencies to endorse a standard in its
entirety, nor does it forbid Federal agencies to endorse industry
consensus standards with limitations or modifications, if the agencies
deem the provisions of the standards to be inconsistent with applicable
law or otherwise impractical. Endorsing a voluntary consensus standard
with limitations, modifications, or exceptions furthers the
congressional intent of Federal reliance on voluntary consensus
standards by allowing the adoption of substantial portions of consensus
standards. Agencies need not reject the standards in their entirety
because a few provisions are not acceptable. Moreover, there is no
legislative history suggesting that Congress intended agencies to take
an ``all or nothing'' approach to the endorsement of voluntary
consensus standards under the Act, and the OMB guidance implementing
Public Law 104-113 does not address the matter. The discussions of the
limitations and modifications in the RGs and the document on the
Resolution of Public Comments on the RGs are sufficient to satisfy the
requirements of section 12(d)(3) of Public Law 104-113, and the
relevant requirements of OMB Circular A-119 (1998).
15. Comment
According to one commenter the proposed rulemaking is unlawful
because it is not in compliance with the Backfit Rule, 10 CFR 50.109.
(The commenter provided no explanation of why the proposed rule is in
conflict with the Backfit Rule.)
Response
Section 50.109(a)(2) requires that the NRC perform a backfit
analysis for any backfits, as defined in Sec. 50.109(a)(1), that it
seeks to impose, unless the
[[Page 40473]]
backfits fall into one or more of the delineated exceptions. A backfit
is a modification of or addition to systems, components, or design of a
facility, or the design approval or manufacturing license, or
procedures or organization required to design, construct or operate a
facility, any of which may result from a new or amended provision in
the Commission's rules or the imposition of a staff regulatory position
interpreting the Commission rules that is either new or different from
previously applicable staff positions. As discussed in the responses to
Comments 11 and 13, the Commission finds that this final rule does not
contain any requirements which satisfy the definition of a backfit, and
consequently, a backfit analysis is not required.
16. Comment
One commenter states that when Code cases are interpretive of the
regulations (or provide an alternative means for achieving compliance
with a requirement), they need not be incorporated by reference and
that licensees should be permitted to use them with no further NRC
action.
Response
The NRC agrees that Code cases that are purely interpretations of
the regulations incorporated by reference in Sec. 50.55a(b) need not
be incorporated by reference. However, the Code cases incorporated by
reference in Sec. 50.55a, with or without modifications or
limitations, constitute alternatives to the requirements in Sec.
50.55a and not interpretations. Therefore, the NRC believes that
incorporating the RGs by reference is the proper treatment of these
alternative requirements.
Paragraph-by-Paragraph Discussion
On December 28, 2001 (66 FR 67335), the NRC published proposed
revisions to RGs 1.84 and 1.147 and a new proposed RG [temporarily
designated DG-1089]. The NRC has considered the public comments on
these RGs and has resolved those comments by modifying the guides, as
appropriate, or providing its rationale for not doing so. Previously,
RG 1.84, Revision 31, listed only Section III Code cases related to
design and fabrication, and RG 1.85, Revision 31, listed Section III
Code cases related to materials and testing. Revision 32 to RG 1.84
lists for the first time in one guide all Section III Code cases that
have been approved for use by the NRC. The staff intents to withdraw RG
1.85 when the ensuing revisions to the RGs are published. This
rulemaking incorporates by reference Regulatory Guide 1.84, Revision
32, ``Design, Fabrication, and Materials Code Case Acceptability, ASME
Section III,'' Regulatory Guide 1.147, through Revision 13, ``Inservice
Inspection Code Case Acceptability, ASME Section XI, Division 1,'' and
Regulatory Guide 1.192, ``Operation and Maintenance Code Case
Acceptability, ASME OM Code.''
1. Paragraph 50.55a(b)
In the proposed rule (March 19, 2002: 67 FR 12488), the language of
incorporation by reference of the RGs and the implementation
requirements were contained in a new postulated paragraph (i). The NRC
requested public comment on the proposed placement of these
requirements. As discussed in Comment 10 and the corresponding NRC
response, the Commission has decided to place the incorporation by
reference of the RGs listing NRC-approved ASME BPV and OM Code case in
Sec. 50.55a(b) and the corresponding implementation requirements in
Sec. Sec. 50.55a(b)(4), (b)(5), and (b)(6). In this manner, the
incorporation by reference of the RGs listing NRC-approved Code cases
would be located with the incorporation by reference of the editions
and addenda of the ASME BPV and OM Codes and be more organizationally
consistent. Thus Sec. 50.55a(b) has been expanded and now contains the
language of incorporation by reference of the RGs listing NRC-approved
ASME BPV and OM Code cases and identifies each RG by title and revision
number.
Section 50.55a(b) now specifies the applicable RGs for
incorporation by reference in addition to the editions and addenda of
the ASME Boiler and Pressure Vessel Code and Code for Operation and
Maintenance of Nuclear Power Plants. This paragraph incorporates by
reference NRC Regulatory Guide 1.84, Revision 32, NRC Regulatory Guide
1.147, through Revision 13, and NRC Regulatory Guide 1.192. This final
rule incorporates all of the revisions of Regulatory Guide 1.147
because some licensees continue to apply Code cases listed as approved
in earlier revisions to this RG and if these revisions were not
incorporated by reference the further use of these Code cases would be
prohibited. Similarly, Revision 14 of Regulatory Guide 1.147 will be
incorporated by reference in the same fashion because it has already
been prepared in draft form and major reformatting of that document
would result in a substantial delay in issuing the final version.
However, the NRC will format Revision 15 of Regulatory Guide 1.147 so
that it provides the current status of all Section XI Code cases and at
that time the incorporation by reference of previous revisions of that
RG will be superceded.
The RGs incorporated by reference in this final rule list Code
cases applicable to Section III of the ASME BPV Code, Section XI of the
ASME BPV Code, and the ASME OM Code, respectively, that have been
approved unconditionally, or with conditions and limitations specified
by the NRC, as alternatives to specific Code provisions. NRC approval
of the use of Code cases listed in these RGs is granted only if the
limitations and conditions, if any, are applied.
Sections 50.55a(b)(4), (b)(5), and (b)(6) require that licensees or
applicants initially applying a Code case which is listed in one of the
RGs as acceptable apply the most recent version of the Code case listed
in the RG. If a licensee or applicant is applying a particular version
of an approved Section III Code case, and a later version is
incorporated into the applicable RG as acceptable, the licensee or
applicant may continue to apply the earlier version of the Code case
until it updates its Code of Record for the component being
constructed. A licensee may continue to apply the earlier version of a
Section XI or OM Code case until the end of the licensee's current 120-
month ISI or IST update interval, including any adjustments to the
interval permitted under Paragraphs IWA-2430(c)(1) and (e) of Section
XI of the ASME BPV Code or Paragraphs ISTA 2.2.3(d) and (e) of the OM
Code.
Sections 50.55a (b)(4), (b)(5), and (b)(6) also specify that a
licensee is permitted to apply an annulled or expired Code case
provided that it has been applied before it has been listed as expired
or annulled in RG 1.84, 1.147, or 1.192. A licensee implementing an
approved Section III Code case that is subsequently listed as annulled
or expired in RG 1.84 may continue to apply that Code case until it
updates its Code of Record for the component being constructed. A
licensee implementing an approved Section XI or OM Code case that is
subsequently listed as annulled or expired in RG 1.147 or RG 1.192 may
continue to apply that Code case until it updates its ISI or IST
program to an edition or addenda of the Code that has incorporated the
Code case. In most circumstances, a Code case is annulled or allowed to
expire by the ASME because the Code case is included in a later edition
or addenda of the ASME BPV or OM Codes. When a licensee updates its
construction, ISI or IST Code of Record, the provisions of the Code can
then be applied instead of the annulled or expired Code case. In any
event, a licensee may continue to use the annulled or expired Code case
[[Page 40474]]
until the end of its 120-month ISI/IST interval or until it updates its
construction Code of Record, unless the NRC specifically prohibits its
continued use by modifying the RG or 10 CFR 50.55a and performing a
backfit analysis in accordance with the provisions in 10 CFR 50.109.
In the proposed rule, Sec. Sec. 50.55a(i)(2)(iv), (i)(3)(iv), and
(i)(4)(iv) contained language implying that Sec. 50.55a or the RGs
could specifically prohibit the use of annulled Code cases. As noted in
the Response to Comment 11, this language is unnecessary and has been
removed in the final rule.
2. Paragraphs 50.55a(c)(3), (d)(2), and (e)(2)
Current references to Footnote 6 in Sec. Sec. 50.55a(c)(3),
(d)(2), and (e)(2) have been removed, and text has been added to
indicate that the optional ASME Code cases referred to are those listed
in the RGs that are incorporated by reference in Sec. 50.55a(b).
3. Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (g)(2),
(g)(3)(i), and (g)(3)(ii)
Currently, Sec. Sec. 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A),
(g)(2), (g)(3)(i), and (g)(3)(ii) do not specifically mention ASME Code
cases but have a reference to Footnote 6. These references to Footnote
6 have been removed and text has been added to indicate that the
optional ASME Code cases referred to are those listed in the RGs that
are incorporated by reference in Sec. 50.55a(b).
4. Paragraphs 50.55a(f)(3)(iii)(B), (f)(3)(iv)(B), (f)(4)(i),
(f)(4)(ii), (g)(4)(i), and (g)(4)(ii)
Sections 50.55a(f)(3)(iii)(B), (f)(3)(iv)(B), (f)(4)(i),
(f)(4)(ii), (g)(4)(i), and (g)(4)(ii) have been amended to indicate
that the ASME Code cases listed in the RGs that are incorporated by
reference in Sec. 50.55a may be applied in lieu of corresponding ASME
BPV or OM Code requirements.
5. Footnote 6, 10 CFR 50.55a
Footnote 6 has been removed from Sec. 50.55a and the footnote
number has been reserved. Footnote 6 to Sec. 50.55a formerly stated
that ASME Code cases suitable for use are listed in RGs 1.84, 1.85, and
1.147. These Code cases are now approved for use by specific language
in Sec. Sec. 50.55a(c)(3), (d)(2), (e)(2), (f)(2), (f)(3)(iii)(A),
(f)(3)(iii)(B), (f)(3)(iv)(A), (f)(3)(iv)(B), (f)(4)(i), (f)(4)(ii),
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii). Footnote 6
also stated that the use of other Code cases may be authorized by the
Director of the Office of Nuclear Reactor Regulation upon request
pursuant to Sec. 50.55a(a)(3). This text is being removed because it
is unnecessary; licensees continue to have the option of requesting
approval to use Code cases not incorporated by reference into Sec.
50.55a under Sec. 50.55a(a)(3).
Availability of Documents
The NRC is making the documents identified below available to
interested persons through one or more of the following:
Public Document Room (PDR). The NRC Public Document Room is located
at 11555 Rockville Pike, Public File Area O-1 F21, Rockville, Maryland.
Rulemaking Web site. The NRC's interactive rulemaking Web site is
located at http://ruleforum.llnl.gov. The documents may be viewed and
downloaded electronically via this Web site.
The NRC's Public Electronic Reading Room (PERR). The NRC's public
electronic Reading Room is located at http://www.nrc.gov/reading-rm.html.
The NRC staff contact (NRC Staff). Single copies of the final rule,
the regulatory analysis, the environmental assessment, and the
regulatory guides may be obtained from Harry S. Tovmassian, Office of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Alternatively, you may contact Mr.
Tovmassian at (301) 415-3092 or via e-mail to: [email protected].
----------------------------------------------------------------------------------------------------------------
Document PDR Web PERR NRC staff
----------------------------------------------------------------------------------------------------------------
Environmental Assessment................................. x x ML030690244 x
Regulatory Analysis...................................... x x ML031490533 x
Regulatory Guide 1.192................................... x ......... ML030730430 x
Regulatory Guide 1.84, Revision 32....................... x ......... ML030730417 x
Regulatory Guide 1.147, Revisions 0 to 12................ x ......... ML031560264 x
Regulatory Guide 1.147, Revision 13...................... x ......... ML030730423 x
Regulatory Guide 1.193................................... x ......... ML030730440 x
Resolution of Public Comments on Guides.................. x ......... ML030730448 x
----------------------------------------------------------------------------------------------------------------
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires agencies to use technical standards
developed or adopted by voluntary consensus standards bodies unless the
use of such standards is inconsistent with applicable law or is
otherwise impractical. The NRC is amending its regulations to
incorporate by reference regulatory guides that list ASME BPV and OM
Code cases which have been approved by the NRC. ASME Code cases, which
are ASME-approved alternatives to the provisions of ASME Code editions
and addenda, constitute national consensus standards, as defined in
Public Law 104-113 and OMB Circular A-119. They are developed by bodies
whose members (including the NRC and utilities) have broad and varied
interests.
These statements of consideration provide the reasons for modifying
or limiting the applicability of ASME Code cases otherwise approved for
use by the NRC as alternatives to current ASME Code provisions
incorporated by reference into Sec. 50.55a. The treatment of ASME BPV
and OM Code cases, and modifications and conditions placed on them, in
this final rule does not conflict with any policy on agency use of
consensus standards specified in OMB Circular A-119.
Finding of No Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51, that this rule is not a major Federal
action significantly affecting the quality of the human environment,
and, therefore, an environmental impact statement is not required.
This rulemaking will not significantly increase the probability or
consequences of accidents; no changes are being made in the types of
effluents that may be released off site; and there is no significant
increase in public radiation exposure. Therefore, there are no
significant environmental impacts
[[Page 40475]]
associated with the action. Therefore, the NRC determines that there
will be no significant off site impact to the public from this action.
The basis for NRC's finding is set forth in an environmental
assessment on this final rule. The environmental assessment is
available as indicated in the Availability of Documents section under
the Supplementary Information heading. The NRC requested the views of
the States on the environmental assessment for the rule and did not
receive any comments from the States.
Paperwork Reduction Act Statement
This final rule decreases the burden on licensees for recordkeeping
and reporting requirements related to examinations, tests, and repair
and replacement activities during refueling outages and the
recordkeeping requirements associated with welding procedures. The
annual public burden reduction for this information collection is
estimated to average 59 hours for each of 172 responses. Because the
burden for this information collection is insignificant, OMB clearance
is not required. The existing requirements were approved by OMB,
approval number 3150-0011.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The ASME Code cases listed in the RGs provide voluntary
alternatives to the provisions in the ASME BPV Code and OM Code for
construction, ISI, and IST of specific structures, systems, and
components used in nuclear power plants. Implementation of these Code
cases is not required. Licensees use NRC-approved ASME Code cases to
reduce regulatory burden or gain additional operational flexibility. It
would be difficult for the NRC to provide these advantages independent
of the ASME Code case publication process without a considerable
additional resource expenditure by the agency. The NRC has prepared a
regulatory analysis addressing the qualitative benefits of the
alternatives considered in this rulemaking and comparing the costs
associated with each alternative. The regulatory analysis is available
for inspection in the NRC Public Document Room, located at One White
Flint North, 11555 Rockville Pike, Rockville, Maryland, Room O-1 F21.
Single copies of the analysis may be obtained from Harry S. Tovmassian,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, telephone (301) 415-3092, e-mail [email protected].
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980, (5
U.S.C. 605(b)), the Commission certifies that this final rule will not
have a significant economic impact on a substantial number of small
entities. This final rule affects only the licensing and operation of
nuclear power plants. The companies that own these plants do not fall
within the scope of the definition of ``small entities'' set forth in
the Regulatory Flexibility Act or the size standards established by the
NRC (10 CFR 2.810).
Backfit Analysis
The provisions in this rulemaking permit, but do not require,
licensees to apply Code cases that have been reviewed and approved by
the NRC, sometimes with modifications or conditions. Therefore, the
implementation of an approved Code case is voluntary and does not
constitute a backfit. Thus the Commission finds that these amendments
do not involve any provisions that constitute a backfit as defined in
10 CFR 50.109(a)(1), that the backfit rule does not apply to this final
rule, and that a backfit analysis is not required.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Radiation protection, Reactor siting
criteria, Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR Part 50.
0
1. The authority citation for Part 50 continues to read as follows:
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83
Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232,
2233, 2239, 2282); Secs. 201, as amended, 202, 206, 88 Stat. 1242,
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 50.10 also issued under Secs. 101, 185, 68 Stat.
936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190,
83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103
also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68
Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also
issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under Pub. L. 97-415, 96 Stat.
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec.
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
0
2. Section 50.55a is amended by--
0
a. Revising the introductory text of paragraph (b), the introductory
text of paragraph (c)(3), paragraph (c)(3)(iv), the introductory text
of paragraph (d)(2), paragraph (d)(2)(iii), the introductory text of
paragraph (e)(2), paragraphs (e)(2)(iii), (f)(2), (f)(3)(iii)(A),
(f)(3)(iii)(B), (f)(3)(iv)(A), (f)(3)(iv)(B), (f)(4)(i), (f)(4)(ii),
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i) and (g)(4)(ii);
0
b. Adding paragraphs (b)(4), (b)(5), and (b)(6); and
0
c. Removing the text of Footnote 6 and reserving the footnote number.
Sec. 50.55a Codes and standards.
* * * * *
(b) The ASME Boiler and Pressure Vessel Code and the ASME Code for
Operation and Maintenance of Nuclear Power Plants, which are referenced
in paragraphs (b)(1), (b)(2), and (b)(3) of this section, were approved
for incorporation by reference by the Director of the Office of the
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. NRC
Regulatory Guide 1.84, Revision 32, ``Design, Fabrication, and
Materials Code Case Acceptability, ASME Section III'' (June 2003); NRC
Regulatory Guide 1.147 (Revision 0--
[[Page 40476]]
February 1981), including Revision 1 through Revision 13 (June 2003),
``Inservice Inspection Code Case Acceptability, ASME Section XI,
Division 1''; and Regulatory Guide 1.192, ``Operation and Maintenance
Code Case Acceptability, ASME OM Code'' (June 2003), have been approved
for incorporation by reference by the Director of the Office of the
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These
regulatory guides list ASME Code cases which the NRC has approved in
accordance with the requirements in paragraphs (b)(4), (b)(5), and
(b)(6). Copies of the ASME Boiler and Pressure Vessel Code and the ASME
Code for Operation and Maintenance of Nuclear Power Plants may be
purchased from the American Society of Mechanical Engineers, Three Park
Avenue, New York, NY 10016. Also, copies of these Codes and NRC
Regulatory Guides 1.84, Revision 32; 1.147, through Revision 13; and
1.192 are available for inspection and copying for a fee at the Office
of the Federal Register, 800 N. Capitol Street, Suite 700, Washington,
DC, as well as the NRC Technical Library, Two White Flint North, 11545
Rockville Pike, Rockville, Maryland 20852-2738. Single copies of
Regulatory Guides may be obtained free of charge by writing the
Distribution Services Section, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by fax to (301) 415-2289; or by email to
[email protected].
* * * * *
(4) Design, Fabrication, and Materials Code Cases. Licensees may
apply the ASME Boiler and Pressure Vessel Code cases listed in NRC
Regulatory Guide 1.84, Revision 32, without prior NRC approval subject
to the following:
(i) When an applicant or licensee initially applies a listed Code
case, the applicant or licensee shall apply the most recent version of
that Code case incorporated by reference in this paragraph.
(ii) If an applicant or licensee has previously applied a Code case
and a later version of the Code case is incorporated by reference in
this paragraph, the applicant or licensee may continue to apply the
previous version of the Code case as authorized, or may apply the later
version of the Code case, including any NRC-specified conditions placed
on its use, until it updates its Code of Record for the component being
constructed.
(iii) Application of an annulled Code case is prohibited unless an
applicant or licensee applied the listed Code case prior to it being
listed as annulled in Regulatory Guide 1.84. If an applicant or
licensee has applied a listed Code case that is later listed as
annulled in Regulatory Guide 1.84, the applicant or licensee may
continue to apply the Code case until it updates its Code of Record for
the component being constructed.
(5) Inservice Inspection Code Cases. Licensees may apply the ASME
Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147
through Revision 13, without prior NRC approval subject to the
following:
(i) When a licensee initially applies a listed Code case, the
licensee shall apply the most recent version of that Code case
incorporated by reference in this paragraph.
(ii) If a licensee has previously applied a Code case and a later
version of the Code case is incorporated by reference in this
paragraph, the licensee may continue to apply, to the end of the
current 120-month interval, the previous version of the Code case as
authorized or may apply the later version of the Code case, including
any NRC-specified conditions placed on its use.
(iii) Application of an annulled Code case is prohibited unless a
licensee previously applied the listed Code case prior to it being
listed as annulled in Regulatory Guide 1.147. Any Code case listed as
annulled in any Revision of Regulatory Guide 1.147 which a licensee has
applied prior to it being listed as annulled, may continue to be
applied by that licensee to the end of the 120-month interval in which
the Code case was implemented.
(6) Operation and Maintenance of Nuclear Power Plants Code Cases.
Licensees may apply the ASME Operation and Maintenance Nuclear Power
Plants Code cases listed in Regulatory Guide 1.192 without prior NRC
approval subject to the following:
(i) When a licensee initially applies a listed Code case, the
licensee shall apply the most recent version of that Code case
incorporated by reference in this paragraph.
(ii) If a licensee has previously applied a Code case and a later
version of the Code case is incorporated by reference in this
paragraph, the licensee may continue to apply, to the end of the
current 120-month interval, the previous version of the Code case as
authorized or may apply the later version of the Code case, including
any NRC-specified conditions placed on its use.
(iii) Application of an annulled Code case is prohibited unless a
licensee previously applied the listed Code case prior to it being
listed as annulled in Regulatory Guide 1.192. If a licensee has applied
a listed Code case that is later listed as annulled in Regulatory Guide
1.192, the licensee may continue to apply the Code case to the end of
the current 120-month interval.
(c) * * *
(3) The Code edition, addenda, and optional ASME Code cases to be
applied to components of the reactor coolant pressure boundary must be
determined by the provisions of paragraph NCA-1140, Subsection NCA of
Section III of the ASME Boiler and Pressure Vessel Code, but--
* * * * *
(iv) The optional Code cases applied to a component must be those
listed in NRC Regulatory Guide 1.84 that is incorporated by reference
in paragraph (b) of this section.
* * * * *
(d) * * *
(2) The Code edition, addenda, and optional ASME Code cases to be
applied to the systems and components identified in paragraph (d)(1) of
this section must be determined by the rules of paragraph NCA-1140,
Subsection NCA of Section III of the ASME Boiler and Pressure Vessel
Code, but--
* * * * *
(iii) The optional Code cases must be those listed in the NRC
Regulatory Guide 1.84 that is incorporated by reference in paragraph
(b) of this section.
(e) * * *
(2) The Code edition, addenda, and optional ASME Code cases to be
applied to the systems and components identified in paragraph (e)(1) of
this section must be determined by the rules of paragraph NCA-1140,
subsection NCA of Section III of the ASME Boiler and Pressure Vessel
Code, but--
* * * * *
(iii) The optional Code cases must be those listed in NRC
Regulatory Guide 1.84 that is incorporated by reference in paragraph
(b) of this section.
(f) * * *
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, pumps and valves which are classified as
ASME Code Class 1 and Class 2 must be designed and be provided with
access to enable the performance of inservice tests for operational
readiness set forth in editions and addenda of Section XI of the ASME
Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b) of this section (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, through Revision 13, or 1.192 that are
[[Page 40477]]
incorporated by reference in paragraph (b) of this section) in effect 6
months before the date of issuance of the construction permit. The
pumps and valves may meet the inservice test requirements set forth in
subsequent editions of this Code and addenda which are incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, through Revision 13, or
1.192 that are incorporated by reference in paragraph (b) of this
section), subject to the applicable limitations and modifications
listed therein.
(3) * * *
(iii) * * *
(A) Pumps and valves, in facilities whose construction permit was
issued before November 22, 1999, which are classified as ASME Code
Class 1 must be designed and be provided with access to enable the
performance of inservice testing of the pumps and valves for assessing
operational readiness set forth in the editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases that are listed in NRC Regulatory Guide 1.147, through Revision
13, that are incorporated by reference in paragraph (b) of this
section) applied to the construction of the particular pump or valve or
the Summer 1973 Addenda, whichever is later.
(B) Pumps and valves, in facilities whose construction permit is
issued on or after November 22, 1999, which are classified as ASME Code
Class 1 must be designed and be provided with access to enable the
performance of inservice testing of the pumps and valves for assessing
operational readiness set forth in editions and addenda of the ASME OM
Code (or the optional ASME Code cases listed in NRC Regulatory Guide
1.192 that is incorporated by reference in paragraph (b) of this
section) referenced in paragraph (b)(3) of this section at the time the
construction permit is issued.
(iv) * * *
(A) Pumps and valves, in facilities whose construction permit was
issued before November 22, 1999, which are classified as ASME Code
Class 2 and Class 3 must be designed and be provided with access to
enable the performance of inservice testing of the pumps and valves for
assessing operational readiness set forth in the editions and addenda
of Section XI of the ASME Boiler and Pressure Vessel Code incorporated
by reference in paragraph (b) of this section (or the optional ASME
Code cases listed in NRC Regulatory Guide 1.147, through Revision 13,
that are incorporated by reference in paragraph (b) of this section)
applied to the construction of the particular pump or valve or the
Summer 1973 Addenda, whichever is later.
(B) Pumps and valves, in facilities whose construction permit is
issued on or after November 22, 1999, which are classified as ASME Code
Class 2 and 3 must be designed and be provided with access to enable
the performance of inservice testing of the pumps and valves for
assessing operational readiness set forth in editions and addenda of
the ASME OM Code (or the optional ASME Code cases listed in the NRC
Regulatory Guide 1.192 that is incorporated by reference in paragraph
(b) of this section) referenced in paragraph (b)(3) of this section at
the time the construction permit is issued.
* * * * *
(4) * * *
(i) Inservice tests to verify operational readiness of pumps and
valves, whose function is required for safety, conducted during the
initial 120-month interval must comply with the requirements in the
latest edition and addenda of the Code incorporated by reference in
paragraph (b) of this section on the date 12 months before the date of
issuance of the operating license (or the optional ASME Code cases
listed in NRC Regulatory Guide 1.192 that is incorporated by reference
in paragraph (b) of this section), subject to the limitations and
modifications listed in paragraph (b) of this section.
(ii) Inservice tests to verify operational readiness of pumps and
valves, whose function is required for safety, conducted during
successive 120-month intervals must comply with the requirements of the
latest edition and addenda of the Code incorporated by reference in
paragraph (b) of this section 12 months before the start of the 120-
month interval (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, through Revision 13, or 1.192 that are
incorporated by reference in paragraph (b) of this section), subject to
the limitations and modifications listed in paragraph (b) of this
section.
* * * * *
(g) * * *
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, components (including supports) which
are classified as ASME Code Class 1 and Class 2 must be designed and be
provided with access to enable the performance of inservice examination
of such components (including supports) and must meet the preservice
examination requirements set forth in editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, through Revision 13, that
are incorporated by reference in paragraph (b) of this section) in
effect six months before the date of issuance of the construction
permit. The components (including supports) may meet the requirements
set forth in subsequent editions and addenda of this Code which are
incorporated by reference in paragraph (b) of this section (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, through
Revision 13, that are incorporated by reference in paragraph (b) of
this section), subject to the applicable limitations and modifications.
(3) * * *
(i) Components (including supports) which are classified as ASME
Code Class 1 must be designed and be provided with access to enable the
performance of inservice examination of these components and must meet
the preservice examination requirements set forth in the editions and
addenda of Section XI of the ASME Boiler and Pressure Vessel Code
incorporated by reference in paragraph (b) of this section (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, through
Revision 13, that are incorporated by reference in paragraph (b) of
this section) applied to the construction of the particular component.
(ii) Components which are classified as ASME Code Class 2 and Class
3 and supports for components which are classified as ASME Code Class
1, Class 2, and Class 3 must be designed and be provided with access to
enable the performance of inservice examination of these components and
must meet the preservice examination requirements set forth in the
editions and addenda of Section XI of the ASME Boiler and Pressure
Vessel Code incorporated by reference in paragraph (b) of this section
(or the optional ASME Code cases listed in NRC Regulatory Guide 1.147,
through Revision 13, that are incorporated by reference in paragraph
(b) of this section) applied to the construction of the particular
component.
* * * * *
(4) * * *
(i) Inservice examinations of components and system pressure tests
[[Page 40478]]
conducted during the initial 120-month inspection interval must comply
with the requirements in the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section on the date
12 months before the date of issuance of the operating license (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, through
Revision 13, that are incorporated by reference in paragraph (b) of
this section, subject to the limitations and modifications listed in
paragraph (b) of this section.
(ii) Inservice examination of components and system pressure tests
conducted during successive 120-month inspection intervals must comply
with the requirements of the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section 12 months
before the start of the 120-month inspection interval (or the optional
ASME Code cases listed in NRC Regulatory Guide 1.147, through Revision
13, that are incorporated by reference in paragraph (b) of this
section), subject to the limitations and modifications listed in
paragraph (b) of this section.
* * * * *
Dated at Rockville, Maryland, this 10th day of June, 2003. For
the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-17027 Filed 7-7-03; 8:45 am]
BILLING CODE 7590-01-P