[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Proposed Rules]
[Pages 12488-12493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6495]


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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: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to incorporate by reference certain American Society of 
Mechanical Engineers (ASME) Code Cases which the NRC has reviewed and 
found 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 inservice inspection and inservice testing, 
operation and maintenance, and design, construction and materials. This 
action would incorporate by reference the current versions of NRC-
developed Regulatory Guides which address NRC review and approval of 
ASME-published code cases. In connection with this action, the NRC 
published a notice of the issuance and availability of the current 
versions of the three proposed regulatory guides addressing NRC 
approval of ASME BPV Code Cases and the OM Code Cases (66 FR 67335; 
December 28, 2001) for public comment. As a result of these related 
actions, NRC-approved code cases would be accorded the same legal 
status as the corresponding requirements in the ASME BPV Code and OM 
Code which are already incorporated by reference in the NRC's 
regulations.

DATES: Submit comments by June 3, 2002. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only of comments received on or before 
this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. ATTN: Rulemakings and 
Adjudications Staff.
    Comments may be hand delivered to: 11555 Rockville Pike, Rockville, 
Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
    Copies of the public comments received on this proposed rule will 
be available for public inspection or copying in the NRC Public 
Document Room (PDR) located at One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland, Room O-1 F21.
    Public comments may be provided via the NRC's interactive 
rulemaking website at http://ruleform.llnl.gov. Through use of this 
site, the public may upload comments as files (in any format), provided 
that the web browser used supports that function. For information about 
the interactive rulemaking site, contact Ms. Carol Gallagher at (301) 
415-5905, e-mail [email protected].
    The NRC maintains an Agencywide Documents Access Management System 
(ADAMS) which provides text and image files of NRC's public documents. 
Publicly available documents pertaining to this rulemaking may be 
accessed through the NRC's Public Electronic Reading Room (PERR) on the 
Internet at http:www.nrc.gov/reading-rm/adams.html. If ADAMS access is 
not available or difficulty is encountered in its use, contact the NRC 
PDR Reference staff at 1-800-397-4209, (301) 415-4737, or through the 
PDR's e-mail address at [email protected]. Further information about 
obtaining documents relevant to this rulemaking, including a list of 
ADAMS accession numbers, can be found in the ``Availability of 
Documents'' Section below, under the SUPPLEMENTARY INFORMATION heading.

FOR FURTHER INFORMATION CONTACT: Harry S. Tovmassian, Office of Nuclear

[[Page 12489]]

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 22, 1999 (64 FR 51370), to incorporate by reference the 
1995 edition of these codes, up to and including the 1996 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 
generally alternatives to the requirements of the ASME BPV Code and the 
OM Code. It has been the NRC staff's practice to review these code 
cases and find them either acceptable, conditionally acceptable, or 
unacceptable for use by NRC licensees. These code cases are then listed 
in periodically revised regulatory guides (RGs), together with 
information on their acceptability. Footnote 6 to 10 CFR 50.55a refers 
to the RGs listing code cases determined by the staff to be ``suitable 
for use.'' The publication dates and version numbers of the RGs are not 
specified in Footnote 6. In the past, these RGs have not been approved 
by the Director of the Office of the Federal Register (OFR) for 
incorporation by reference in the Code of Federal Regulations.

Discussion

    The NRC has identified a concern with the practice of generally 
referencing the RGs addressing ASME Code Cases in Footnote 6 to 10 CFR 
50.55a. The notice and comment provisions of the Administrative 
Procedure Act (APA) (5 U.S.C. 551, et seq.), as amended, arguably are 
not satisfied by this practice. To address this matter, the NRC is 
proposing that the use of ASME Code Cases be approved through a 
rulemaking incorporating the applicable RGs by reference into Title 10 
of the Code of Federal Regulations.
    Over the past several years, NRC licensees have expressed concern 
that the NRC process for reviewing and approving code cases is 
protracted and, therefore, they have borne the additional burden of 
submitting relief requests to use code cases not yet approved. 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. This is simply a 
continuation of past practice. The NRC will issue the draft RGs for 
comment prior to issuance of the final RGs. At approximately the time 
each set of final guides are issued, the NRC intends to also issue the 
next set of proposed guides so that the time lapse between code case 
publication and NRC incorporation by reference may be diminished. 
Second, the NRC will conduct rulemakings to incorporate the revised RGs 
by reference into 10 CFR 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 significant questions of policy, they 
will be authorized 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 such rulemakings without 
preparing a rulemaking plan. The need to conduct these rulemakings will 
be determined strictly by the schedule for revision of the associated 
RGs. These actions should expedite the NRC process for reviewing and 
approving ASME Code Cases.

Paragraph-By-Paragraph Discussion

    The proposed rule would add a new paragraph (i) to 10 CFR 50.55a 
that identifies the RGs (including their revision numbers) to be 
incorporated by reference into Title 10 of the Code of Federal 
Regulations. In addition, the text of the existing Footnote 6 to 
Sec. 50.55a would be deleted and references to Footnote 6 in 10 CFR 
50.55a would be revised to state that optional ASME Code Cases are 
incorporated by reference in paragraph (i). In the proposed rule, the 
NRC has added the new language governing incorporation by reference of 
ASME Code Cases to paragraph (i) of Sec. 50.55a. However, the NRC is 
considering two alternatives for placement of this language: (1) 
Placing the relevant code case language of approval into paragraph (b) 
of Section 50.55a; and (2) redesignating paragraph (h), which currently 
sets forth the endorsement of the IEEE Std. 603-1991 and IEEE Std. 279, 
as paragraph (i), and placing the code case language of approval in 
paragraph (h). The NRC requests public comment on these alternatives.
    1. Current references to Footnote 6 in Secs. 50.55a(c)(3), (d)(2), 
and (e)(2) would be removed and text would be added indicating that the 
optional ASME Code Cases referred to are those listed in the RGs that 
are incorporated by reference in Sec. 50.55a(i).
    2. The current references to Footnote 6 contained in 
Secs. 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (g)(2), (g)(3)(i), 
and (g)(3)(ii) would be removed and text would be added indicating that 
the optional ASME Code Cases referred to are those listed in the RGs 
that are incorporated by reference in Sec. 50.55a(i). Note that these 
requirements do not specify that optional ASME Code Cases may be 
applied; this language would be added.
    3. Paragraph (i) would be added to Sec. 50.55(a). This paragraph 
would contain the language of incorporation by reference and identify 
each RG by title and revision number and would contain implementation 
requirements for each RG incorporated by reference.
    Footnote 6 to 10 CFR 50.55a states that ASME Code Cases suitable 
for use are listed in RGs 1.84, 1.85, and 1.147. Footnote 6 also states 
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). The new paragraph (i) would specify the applicable 
RGs for incorporation by reference. Further, the NRC regulations in 
Sec. 50.55a(a)(3) allow requests for the use of alternatives (including 
code cases not listed in the RGs). Therefore, providing this 
information in Footnote 6 will no longer be necessary. In particular, 
paragraph (i) would incorporate by reference proposed revisions to RGs 
1.84 and 1.147 as well as a new proposed RG entitled ``Operation and 
Maintenance Code Case Acceptability--ASME OM Code,'' temporarily 
designated DG-(1089). These RGs 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 accepted unconditionally, or with 
conditions and limitations specified by the NRC, as alternatives to 
specific code provisions.
    Paragraph (i) would also require that licensees initially applying 
a code case which is listed in one of the RGs as acceptable use the 
most recent published version of the code case. If a licensee is 
applying a particular version of an approved code case, and a later 
version is incorporated into the applicable RG as acceptable, the 
licensee may continue to apply the earlier version of the code case 
unless the RG specifies a limitation or condition on its application 
or, for Section XI and OM Code Cases, until the next 120-month 
inservice inspection or test interval, as applicable.

[[Page 12490]]

    Paragraph (i) would also note that the NRC will revise the RGs to 
delete code cases annulled by ASME. A licensee implementing a code case 
that is subsequently annulled may continue to apply that code case 
until the licensee updates its Section III code of record or until the 
beginning of its next inservice inspection or test interval, as 
applicable, unless the regulations specifically prohibit application of 
the code case. Licensees may request approval to apply annulled code 
cases through the provisions of 10 CFR 50.55a(a)(3).
    4. Footnote 6 would be removed from 10 CFR 50.55a and the footnote 
number would be reserved.

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, 
Rockville, Maryland.

Rulemaking Website (Web)

    The NRC's interactive rulemaking Website is located at http://ruleforum.llnl.gov. These documents may be viewed and downloaded 
electronically via this Website.

The NRC's Public Electronic Reading Room (PERR)

    The NRC's public electronic reading room is located at www.nrc.gov/reading-rm/adams.html.

The NRC Staff Contact (NRC Staff)

    Single copies of the Federal Register Notice, the Draft Regulatory 
Analysis, the Draft Environmental Assessment, and the proposed 
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 at: [email protected].

------------------------------------------------------------------------
                                                                   NRC
           Document              PDR    Web          PERR         staff
------------------------------------------------------------------------
Draft Environmental Assessment      x      x  ML020160281......        x
Draft Regulatory Analysis.....      x      x  ML020160302......        x
Public Comments Received......      x  .....  .................        x
Draft Regulatory Guide DG-          x  .....  ML013120051......        x
 1089--ASME OM Code Case
 Acceptability.
Draft Regulatory Guide DG-          x  .....  ML013120011......        x
 1090--ASME BPV, Section III
 Code Case Acceptability.
Draft Regulatory Guide DG-          x  .....  ML013120019......        x
 1091--ASME BPV, Section XI,
 Division 1 Code Case
 Acceptability.
------------------------------------------------------------------------

Plain Language

    The Presidential memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing,'' directed that the Government's 
documents be written in plain language. This memorandum was published 
on June 10, 1998 (63 FR 31883). In complying with this directive, 
editorial changes have been made in these proposed revisions to improve 
the organization and readability of the existing language of the 
paragraphs being revised. These types of changes are not discussed 
further in this document. The NRC requests comments on the proposed 
rule, specifically with respect to the clarity of the language used. 
Comments should be sent to the address listed under the ADDRESSES 
caption above.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires agencies to use technical standards developed or 
adopted by voluntary consensus standards bodies unless the use of such 
a standard is inconsistent with applicable law or is otherwise 
impractical. The NRC is proposing to amend its regulations to 
incorporate by reference three RGs that list ASME BPV and OM Code Cases 
which have been approved unconditionally, approved with conditions, or 
annulled. The ASME Code is a national consensus standard developed by 
participants with broad and varied interests, in which all interested 
parties (including the NRC and utilities) participate.
    In a Staff Requirements Memorandum dated September 10, 1999, the 
Commission directed the NRC staff to identify all portions of an 
adopted voluntary consensus standard which are not adopted by the staff 
and to provide a justification for not adopting such portions. The NRC 
staff periodically revises the RGs in which the acceptability of the 
ASME-approved code cases is addressed. In doing so, it provides a 
justification for conditionally approving or disapproving certain ASME 
Code Cases and offers the public an opportunity to comment on its 
findings. Thus, the Commission's September 10, 1999, direction has been 
satisfied in the staff's treatment of these voluntary consensus 
standards.
    In accordance with the National Technology Transfer and Advancement 
Act of 1995 and Office of Management and Budget (OMB) Circular A-119, 
the NRC is requesting public comment regarding whether other national 
or international consensus standards could be endorsed as alternatives 
to the ASME BPV Code Cases and the ASME OM Code Cases.

Finding of No Significant Environmental Impact: Availability

    The Commission has determined, in accordance with the National 
Environmental Policy Act of 1969, as amended, and the Commission's 
regulations in Subpart A of 10 CFR Part 51, that this proposed rule, if 
adopted, would not be a major Federal action significantly affecting 
the quality of the human environment, and therefore an environmental 
impact statement is not required. This proposed rule would amend NRC's 
regulations to incorporate by reference three RGs that list ASME Code 
Cases approved by the NRC and the conditions, if any, on such 
approvals. Some ASME Code Cases endorsed in these RGs are interpretive 
of the requirements in the applicable sections of the ASME BPV Code or 
OM Code that are incorporated by reference in Sec. 50.55a(b) or explain 
methods of compliance with the code requirements. Other code cases 
provide alternatives to specific ASME Code requirements. These 
alternatives may involve the use of advanced technology or procedures, 
or use new information not available when the code editions or addenda 
were approved. Thus, the use of code cases as alternatives to ASME Code 
requirements can enhance safety or reduce the probability of radiation 
exposure to the public. Although some code cases represent a relaxation 
of code

[[Page 12491]]

requirements, the NRC does not believe that the proposed rulemaking 
would increase the probability or consequences of accidents; affect the 
types of effluents that might be released off-site; increase 
occupational exposure; or increase public radiation exposure. 
Therefore, the NRC does not expect significant radiological impacts 
associated with the proposed action.
    The determination of the environmental assessment associated with 
this proposed rule is that there would be no significant off-site 
impact to the public from this action. However, the public should note 
that the NRC is committed to complying with Executive Order (EO) 12898, 
``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations,'' dated February 11, 1994, in 
all its actions. The NRC has determined that there are no 
disproportionately high adverse impacts on minority and low-income 
populations. In the letter and spirit of EO 12898, the NRC is 
requesting public comment on any environmental justice considerations 
or questions related to the proposed rule. The NRC defines 
``environmental justice'' as ``the fair treatment and meaningful 
involvement of all people, regardless of race, ethnicity, culture, 
income, or educational level with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' Comments on any aspect of the environmental assessment may 
be submitted to the NRC as indicated under the ADDRESSES caption above. 
Copies of the environmental assessment may be obtained via the Internet 
or from the NRC's Public Document Room as described under the ADDRESSES 
caption above. The NRC has sent a copy of this proposed rule, including 
copies of the aforementioned environmental assessment, to the State 
Liaison Officers and requested their comments.

Paperwork Reduction Act Statement

    This proposed rule decreases the burden on licensees for 
recordkeeping and reporting requirements related to examinations, 
tests, and repair and replacement activities during refueling outages. 
The annual public burden reduction for this information collection is 
estimated to average 136 hours for each of an estimated 69 requests. 
Because the burden reduction for this information collection is 
insignificant, Office of Management and Budget (OMB) clearance is not 
required. Existing requirements were approved by the Office of 
Management and Budget, approval number 3150-0011.

Public Protection Notification

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

Regulatory Analysis

    The ASME Code Cases contained in the draft RGs provide voluntary 
alternatives to the provisions in the ASME BPV Code and OM Code for 
construction, inservice inspection, and inservice testing of specific 
structures, systems, and components used in nuclear power plants. 
Implementation of these code cases is not required. NRC-approved ASME 
Code Cases all represent some form of burden reduction or additional 
operational flexibility to NRC licensees which would be difficult for 
the NRC to provide independent of the ASME Code publication process 
without a considerable additional resource commitment. The NRC has 
prepared a draft regulatory analysis addressing the qualitative 
benefits of the alternatives considered in this rulemaking and compared 
the cost implications associated with each. 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 or by e-mail at 
[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 proposed rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This proposed rule would affect 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 of this proposed rule would permit licensees to 
voluntarily make use of NRC-approved ASME Code Cases in lieu of the 
requirements in the ASME BPV Code and OM Code incorporated by reference 
in the NRC's regulations. Licensees are at liberty to continue to 
comply with these codes if they wish. These proposed amendments do not 
involve any provision that would constitute a backfit as defined in 10 
CFR Chapter 50.109(a)(1). Thus, the NRC has determined that the Backfit 
Rule does not apply to this proposed rule and that a backfit analysis 
is not required for this proposed rule.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

    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. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR Part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    1. The authority citation for Part 50 continues to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 
U.S.C. 5851). Sections 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 sec. 204, 88 Stat. 
1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued 
under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 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, 66 Stat. 955 (42 
U.S.C. 2237).
    2. Section 50.55a is amended by--

[[Page 12492]]

    (a) Revising paragraphs (c)(3), (d)(2), (e)(2), (f)(2), 
(f)(3)(iii)(A), (f)(3)(iv)(A), (g)(2), (g)(3)(i) and (g)(3)(ii);
    (b) Adding paragraph (i); and
    (c) Removing the text of Footnote 6 and reserving the footnote 
number.


Sec. 50.55a  Codes and standards.

* * * * *
    (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--
    (i) The edition and addenda applied to a component must be those 
which are incorporated by reference in paragraph (b)(1) of this 
section;
    (ii) The ASME Code provisions applied to the pressure vessel may be 
dated no earlier than the Summer 1972 Addenda of the 1971 Edition;
    (iii) The ASME Code provisions applied to piping, pumps, and valves 
may be dated no earlier than the Winter 1972 Addenda of the 1971 
Edition; and
    (iv) The optional code cases applied to a component must be those 
listed in the Regulatory Guides that are incorporated by reference in 
paragraph (i) 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--
    (i) The edition and addenda must be those which are incorporated by 
reference in paragraph (b)(1) of this section;
    (ii) The ASME Code provisions applied to the systems and components 
may be dated no earlier than the 1980 Edition; and
    (iii) The optional code cases must be those listed in the 
Regulatory Guides that are incorporated by reference in paragraph (i) 
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--
    (i) The edition and addenda must be those which are incorporated by 
reference in paragraph (b)(1) of this section;
    (ii) The ASME Code provisions applied to the systems and components 
may be dated no earlier than the 1980 Edition; and
    (iii) The optional code cases must be those listed in the 
Regulatory Guides that are incorporated by reference in paragraph (i) 
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 of Section XI of the ASME Boiler and 
Pressure Vessel Code and Addenda incorporated by reference in paragraph 
(b) of this section (or the optional ASME Code Cases listed in the 
Regulatory Guides that are incorporated by reference in paragraph (i) 
of this section) in effect 6 months prior to 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 incorporated by reference in 
paragraph (i) 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 Section XI of editions of the ASME 
Boiler and Pressure Vessel Code and Addenda incorporated by reference 
in paragraph (b) of this section (or the optional ASME Code Cases that 
are listed in the Regulatory Guides that are incorporated by reference 
in paragraph (i) of this section) applied to the construction of the 
particular pump or valve or the Summer 1973 Addenda, whichever is 
later.
* * * * *
    (iv) * * *
    (A) Pumps and valves, in facilities whose construction permit was 
issued before November 22, 1999, which are classified as ASME Code 
Class 2 and Class 3 must be designed and be provided with access to 
enable the performance of inservice testing of the pumps and valves for 
assessing operational readiness set forth in Section XI of editions of 
the ASME Boiler and Pressure Vessel Code and Addenda incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
Cases listed in the Regulatory Guides that are incorporated by 
reference in paragraph (i) of this section) applied to the construction 
of the particular pump or valve or the Summer 1973 Addenda, whichever 
is later.
* * * * *
    (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 of Section XI of the 
ASME Boiler and Pressure Vessel Code and Addenda incorporated by 
reference in paragraph (b) of this section (or the optional ASME Code 
Cases listed in the Regulatory Guides that are incorporated by 
reference in paragraph (i) of this section) in effect six months prior 
to the date of issuance of the construction permit. The components 
(including supports) may meet the 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 the Regulatory Guides that are incorporated by reference in 
paragraph (i) 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 such components and must meet 
the preservice examination requirements set forth in Section XI of 
editions of the ASME Boiler and Pressure Vessel Code and Addenda 
incorporated by reference in paragraph (b) of this section (or the 
optional ASME Code Cases listed in the Regulatory Guides that are 
incorporated by reference in paragraph (i) 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

[[Page 12493]]

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 such components and must meet the preservice examination 
requirements set forth in Section XI of editions of the ASME Boiler and 
Pressure Vessel Code and Addenda incorporated by reference in paragraph 
(b) of this section (or the optional ASME Code Cases listed in the 
Regulatory Guides that are incorporated by reference in paragraph (i) 
of this section) applied to the construction of the particular 
component.
* * * * *
    (i) Approved ASME Code Cases.
    (1) NRC Regulatory Guide 1.84, Revision 32, ``Design, Fabrication, 
and Materials Code Case Acceptability, ASME Section III;'' NRC 
Regulatory Guide 1.147, Revision 13, ``Inservice Inspection Code Case 
Acceptability, ASME Section XI, Division 1;'' and Regulatory Guide 
[temporarily designated DG-1089], ``Operation and Maintenance Code Case 
Acceptability, ASME OM Code,'' have been approved for incorporation by 
reference by the Director of the Office of the Federal Register. These 
Regulatory Guides list ASME Code Cases which the NRC has approved for 
use. A notice of any changes made to the material incorporated by 
reference will be published in the Federal Register.
    (i) 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).
    (ii) Copies of the incorporated material are available for 
inspection at the NRC Library, Two White Flint North, 11545 Rockville 
Pike, Rockville, Maryland 20852-2738. Copies are also available at the 
Office of the Federal Register, 800 N. Capitol Street, Suite 700, 
Washington, DC.
    (iii) Requests for single copies of regulatory guides should be 
made in writing to the U.S. Nuclear Regulatory Commission, Washington, 
DC 20555, Attention: Reproduction and Distribution Services Section, 
OCIO; or by e-mail to [email protected]; or by fax to (301) 415-
2289. Telephone requests cannot be accommodated. Regulatory guides are 
not copyrighted, and Commission approval is not required to reproduce 
them.
    (2) Design, Fabrication, and Materials Code Cases. Licensees may 
implement 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 a licensee initially applies a listed code case, the 
licensee shall implement the most recent version of that code case 
incorporated by reference in this paragraph.
    (ii) If a licensee has previously implemented a code case and a 
later version of the code case is incorporated by reference in this 
section, the licensee may apply either the previous or later version of 
the code case, unless a specific limitation or condition is placed on 
the application of that code case, in which case the modification or 
limitation applies.
    (iii) If a code case is incorporated by reference into Sec. 50.55a 
and later is annulled by the ASME, the NRC will amend 10 CFR 50.55a and 
Regulatory Guide 1.84 to remove the annulled code case.
    (iv) 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 
unless Sec. 50.55a or Regulatory Guide 1.84 specifically prohibits 
continued application of the annulled code case.
    (3) Inservice Inspection Code Cases. Licensees may implement the 
ASME Boiler and Pressure Vessel Code Cases listed in Regulatory Guide 
1.147, Revision 13, without prior NRC approval subject to the 
following:
    (i) When a licensee initially applies a listed code case, the 
licensee shall implement the most recent version of that code case 
incorporated by reference in this paragraph.
    (ii) If a licensee has previously implemented a code case and a 
later version of the code case is incorporated by reference in this 
section during the licensee's present inservice inspection interval, 
the licensee may apply either the previous or later version of the code 
case, unless a specific limitation or condition is placed on the 
application of that code case, in which case the modification or 
limitation applies. A licensee choosing to continue to apply the code 
case during the subsequent 120-month inservice inspection interval 
shall implement the latest version of the code case incorporated by 
reference in this section.
    (iii) If a code case is incorporated by reference into Sec. 50.55a 
and is later annulled by the ASME, the NRC will amend 10 CFR 50.55a and 
Regulatory Guide 1.147 to remove the annulled code case.
    (iv) A licensee that has initiated implementation of a code case 
that is subsequently annulled by the ASME may continue to apply that 
code case through the end of the present inservice inspection interval 
unless 10 CFR 50.55a or Regulatory Guide 1.147 specifically prohibits 
continued use of the annulled code case. An annulled code case may not 
be applied in a subsequent inservice inspection interval unless 
implemented as an approved alternative under 10 CFR 50.55a(a)(3).
    (4) Operation and Maintenance Code Cases. Licensees may implement 
the ASME Operation and Maintenance Code Cases listed in Regulatory 
Guide [temporarily designated DG-1089] without prior NRC approval 
subject to the following:
    (i) When a licensee initially applies a listed code case, the 
licensee shall implement the most recent version of that code case 
incorporated by reference in this paragraph.
    (ii) If a licensee has previously implemented a code case and a 
later version of the code case is incorporated by reference in this 
section during the licensee's present inservice testing interval, the 
licensee may apply either the previous or later version of the code 
case, unless a specific limitation or condition is placed on the 
application of that code case, in which case the modification or 
limitation applies. A licensee choosing to continue to apply the code 
case during the subsequent 120-month inservice testing interval shall 
implement the latest version of the code case incorporated by reference 
in this section.
    (iii) If a code case is incorporated by reference into Sec. 50.55a 
and later is annulled by the ASME, the NRC will amend 10 CFR 50.55a and 
Regulatory Guide [temporarily designated DG-1089] to remove the 
annulled code case.
    (iv) A licensee that has initiated implementation of a code case 
that is subsequently annulled by the ASME may continue to apply that 
code case through the end of the present inservice testing interval 
unless 10 CFR 50.55a or Regulatory Guide [temporarily designated DG-
1089] specifically prohibits continued use of the annulled code case. 
An annulled code case may not be applied in a subsequent inservice 
testing interval unless implemented as an approved alternative under 10 
CFR 50.55a(a)(3).
* * * * *

    Dated at Rockville, Maryland, this 1st day of March, 2002.
    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-6495 Filed 3-18-02; 8:45 am]
BILLING CODE 7590-01-P