[Federal Register Volume 69, Number 148 (Tuesday, August 3, 2004)]
[Proposed Rules]
[Pages 46452-46456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17609]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 148 / Tuesday, August 3, 2004 / 
Proposed Rules  

[[Page 46452]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AH35


Incorporation by Reference of American Society of Mechanical 
Engineers Boiler and Pressure Vessel Code Cases

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to incorporate by reference the latest revisions of two 
previously incorporated regulatory guides (RGs) which address NRC 
review and approval of Code cases published by the American Society of 
Mechanical Engineers (ASME). The Code cases listed in these RGs have 
been reviewed by the NRC and found to be acceptable for use as 
alternatives to requirements in the ASME Boiler and Pressure Vessel 
Code (BPV Code) pertaining to the construction and inservice inspection 
of nuclear power plant components.

DATES: Submit comments by October 18, 2004. 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: You may submit comments by any one of the following methods. 
Please include the following number [RIN 3150-AH35] in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, the NRC cautions you against including any information in 
your submission that you do not want to be publicly disclosed.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply 
confirming that we have received your comments, contact us directly at 
(301) 415-1966. You may also submit comments via the NRC's rulemaking 
Web site at http://ruleforum.llnl.gov. This site provides the 
capability to upload comments as files (any format), if your web 
browser supports that function. Address questions about our rulemaking 
Web site to Carol Gallagher at (301) 415-5905; e-mail [email protected]. 
Comments can also be submitted via the Federal eRulemaking Portal at 
http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, MD 
20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays, telephone 
(301) 415-1966.
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Copies of the draft RGs specified in this rulemaking and other 
publicly available documents related to this proposed rule, including 
public comments received, can be viewed electronically on public 
computers in the NRC Public Document Room (PDR), located at One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852, Room O-1 F21, 
and open to the public on Federal workdays from 7:45 a.m. until 4:15 
p.m. The PDR reproduction contractor will make copies of documents for 
a fee. Selected documents, including public comments on the proposed 
rule, can be viewed and downloaded electronically via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov.
    Publicly available NRC documents created or received in connection 
with this rulemaking are also available electronically via the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this site, the public can gain entry into the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. If you do not have access to 
ADAMS, or if there are problems in accessing the documents located in 
ADAMS, contact the NRC PDR Reference staff at (800) 397-4209, (301) 
415-4737 or by e-mail 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 under the SUPPLEMENTARY 
INFORMATION heading.

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

    The ASME develops and publishes the BPV Code, which contains the 
requirements for the design, construction, and inservice inspection 
(ISI) of nuclear power plant components, and the Code for Operation and 
Maintenance of Nuclear Power Plants (OM Code), which contains Code 
requirements for inservice testing (IST) of nuclear power plant 
components. In response to BPV and OM Code user requests, the ASME 
develops Code cases which provide alternatives to BPV and OM Code 
requirements under special circumstances.

Discussion

    The NRC staff reviews ASME BPV Code Cases \1\, rules upon the 
acceptability of each Code case, and publishes its findings in RGs. The 
RGs are revised periodically as new Code cases are published by the 
ASME. On July 8, 2003 (68 FR 40469), the NRC published a final rule 
which initiated the practice of incorporating by reference in 10 CFR 
50.55a the RGs listing acceptable and conditionally acceptable ASME 
Code cases. Thus, NRC RG 1.84, Revision 32, Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III; NRC RG 1.147, 
Revisions 0 through 13, Inservice Inspection Code Case Acceptability, 
ASME Section XI, Division 1; and NRC RG 1.192, Operation and 
Maintenance Code Case Acceptability, ASME OM Code were incorporated 
into NRC's regulations. This was done because the previous practice of 
generally referencing the RGs

[[Page 46453]]

in a footnote to 10 CFR 50.55a did not meet the notice and comment 
requirements of the Administrative Procedure Act (APA) (5 U.S.C. 551 et 
seq.).
---------------------------------------------------------------------------

    \1\ The NRC staff also reviews OM Code Cases; however, the 
regulatory guide listing NRC-approved OM Code Cases is not being 
revised at this time because no new OM Code Cases have been 
published by the ASME.
---------------------------------------------------------------------------

    This proposed rule would incorporate by reference the latest 
revisions of the NRC RGs that list acceptable and conditionally 
acceptable ASME BPV Code Cases. When finalized, RG 1.84, Revision 33, 
will supersede Revision 32. The proposed rule would incorporate by 
reference Revision 33 in place of Revision 32, which is currently 
incorporated by reference in Sec.  50.55a. The final RG 1.147, Revision 
14 will supplement Revisions 0-13. The proposed rule would add Revision 
14 to the series of RG 1.147 revisions currently incorporated by 
reference in Sec.  50.55a.
    Concurrent with this proposed action, the NRC is publishing draft 
revisions of the RGs listing acceptable ASME BPV Code Cases for public 
comment. Interested parties may submit comments to the NRC on the draft 
revisions in accordance with the instructions published in the Federal 
Register notices announcing the availability of the draft guides (DGs). 
Comments on the DGs will be considered as part of the RG publication 
process and will not be addressed in this proposed rulemaking.

Evaluation of Code Cases

    When the NRC staff evaluates the ASME Code cases to be incorporated 
by reference in its RGs, it determines which of the new, revised, or 
reaffirmed Code cases are acceptable, conditionally acceptable, or 
unacceptable. When the NRC published the July 8, 2003, rulemaking (68 
FR 40469) incorporating by reference RGs 1.84 and 1.147, the regulatory 
analysis accompanying that action contained a section listing those 
Code cases which were deemed acceptable or conditionally acceptable. 
For those Code cases found to be conditionally acceptable, a summary of 
the basis for the limitations or conditions placed on the application 
of the Code case was provided. In order to clearly explain NRC's 
rationale for limitations placed on Code cases and to enhance public 
participation in the entire rulemaking process, the NRC has prepared a 
separate draft document entitled ``Evaluation of Code Cases in 
Supplement 12 to the 1998 Edition and Supplement 1 Through Supplement 6 
to the 2001 Edition,'' which now contains this information. Copies of 
this draft document are available to the public as indicated in the 
``Availability of Documents'' section of this preamble. The public is 
invited to provide comments on this draft document. Comments should be 
sent using one of the methods detailed under the ADDRESSES heading of 
the preamble to this proposed rule.
    It should be noted that draft RG 1.147 lists Code Cases N-416-3 and 
N-504-2 as unconditionally acceptable. However, the American Society of 
Mechanical Engineers recently addressed a revision to Code Case N-504-
2. Also, the NRC staff is currently considering a proposed licensee 
action which would use Code Case N-416-3 in an unanticipated manner. 
Based on these industry actions, the NRC has determined that conditions 
are required for the use of Code Cases N-416-3 and N-504-2. This matter 
is discussed in detail in Paragraph 4.7 of ``Evaluation of Code Cases 
in Supplement 12 to the 1998 Edition and Supplement 1 Through 
Supplement 6 to the 2001 Edition.'' Because the industry actions 
occurred after the draft guide had been published but prior to its 
release, the NRC is proposing to condition the use of these two Code 
cases in the final guide unless public comments are received that 
indicate that the staff's proposed technical bases for the conditions 
are not applicable, incorrect, unnecessary to provide reasonable 
assurance of adequate protection to public health and safety and common 
defense and security, or otherwise not justified in light of the 
increase in protection to public health and safety or common defense 
and security that would be provided by imposition of the conditions.

Paragraph-by-Paragraph Discussion

    This proposed rule would amend 10 CFR 50.55a to incorporate by 
reference RG 1.84, Revision 33, in place of Revision 32 and add RG 
1.147, Revision 14, to the list of RG 1.147 revisions currently 
incorporated by reference.

1. Paragraph 50.55a(b)

    In Sec.  50.55a(b), (b)(4), and (b)(5), references to the revision 
number for RG 1.84 would be changed from ``Revision 32'' to ``Revision 
33,'' and references to the revision numbers for RG 1.147 would be 
changed from ``through Revision 13'' to ``through Revision 14.'' 
Revision 33 of RG 1.84 would be incorporated by reference in Sec.  
50.55a in place of Revision 32. Revision 14 of RG 1.147 would be 
incorporated by reference in Sec.  50.55a in addition to all previous 
revisions, which would remain incorporated by reference.

2. Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), 
(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i), and (g)(4)(ii)

    In these paragraphs, the phrase indicating that revisions of RG 
1.147 ``through Revision 13'' are the versions that are incorporated by 
reference in Sec.  50.55a(b) would be modified to read ``through 
Revision 14.''

Plain Language

    The Presidential memorandum entitled ``Plain Language in Government 
Writing'' (63 FR 31883; June 10, 1998), directed that the Government's 
writing be in plain language. The NRC requests comments on the proposed 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent using one of the methods 
detailed under the ADDRESSES heading of the preamble to this proposed 
rule.

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's Public Document Room is 
located at 11555 Rockville Pike, Public File Area O-1 F21, Rockville, 
MD 20082. Copies of publicly available documents related to this 
rulemaking can be viewed electronically on public computers in the PDR. 
The PDR reproduction contractor will make copies of documents for a 
fee.
    Rulemaking Web site (Web). The NRC's interactive rulemaking Web 
site is located at http://ruleforum.llnl.gov. Selected documents may be 
viewed and downloaded electronically via this Web site.
    Public Electronic Reading Room (ADAMS). The NRC's Public Electronic 
Reading Room is located at http://www.nrc.gov/reading-rm/adams.html. 
Through this site, the public can gain access to ADAMS, which provides 
text and image files of NRC's public documents.

----------------------------------------------------------------------------------------------------------------
                 Document                         PDR              Web                       ADAMS
----------------------------------------------------------------------------------------------------------------
Proposed Rule--Draft Regulatory Analysis..               x                x   ML040480048
Proposed Rule--Draft Evaluation of Code                  x                x   ML040480074
 Cases.
Proposed RG 1.84, Rev. 33 (DG-1124).......               x                x   ML040850299

[[Page 46454]]

 
Proposed RG 1.147, Rev. 14 (DG-1125)......               x                x   ML040850346
RG 1.84, Revision 32......................               x   ...............  ML030730417
RG 1.147, Revisions 0 to 12...............               x   ...............  ML031560264
RG 1.147, Revision 13.....................               x   ...............  ML030730423
Final Rule: Incorporation by Reference of                x   ...............  ML031830007
 ASME OM and BPV Code Cases (68 FR 40469;
 July 8, 2003).
----------------------------------------------------------------------------------------------------------------

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113 (15 U.S.C. 3701 et seq.), requires agencies to use 
technical standards developed or adopted by voluntary consensus 
standards bodies unless the use of such standards is inconsistent with 
applicable law or is otherwise impractical. In this action, the NRC 
would amend its regulations to incorporate by reference RGs that list 
ASME BPV 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 Office of Management and Budget (OMB) 
Circular A-119. They are developed by bodies whose members (including 
the NRC and utilities) have broad and varied interests.
    The NRC reviews each Section III and Section XI Code Case published 
by the ASME to ascertain whether its application is consistent with the 
safe operation of nuclear power plants. Those Code cases found to be 
generically acceptable are listed in the RGs which are incorporated by 
reference in Sec.  50.55a(b). Those that are found to be unacceptable 
are listed in RG 1.193, entitled Code Cases not Approved for Use; but 
licensees may still seek NRC's approval to apply these Code cases 
through the relief request process permitted in Sec.  50.55a(a)(3). 
Other Code cases, which the NRC finds to be conditionally acceptable, 
are also listed in the RGs which are incorporated by reference along 
with the modifications and limitations under which they may be applied. 
If the NRC did not provide for the conditional acceptance of ASME Code 
Cases, these Code cases would be disapproved outright. The effect would 
be that licensees would need to submit a larger number of relief 
requests which would represent an unnecessary additional burden for 
both the licensee and the NRC. The NRC believes that this situation 
fits the definition of ``impractical,'' as it applies to Public Law 
104-113. For these reasons, the NRC believes that the treatment of ASME 
BPV Code cases, and modifications and conditions placed on them, in 
this proposed rule does not conflict with any policy on agency use of 
consensus standards specified in OMB Circular A-119.

Finding of No Significant Environmental Impact: Environmental 
Assessment

    The Commission has determined under the National Environmental 
Policy Act of 1969, Public Law 97-190 (42 U.S.C. 4321 et seq.), as 
amended, and the Commission's regulations in Subpart A of 10 CFR Part 
51, that this 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. The basis 
for this determination is that this rulemaking would not significantly 
increase the probability or consequences of accidents; no changes would 
be made in the types of effluents that may be released off site; and 
there would be no significant increase in public radiation exposure. 
Therefore, there are no significant radiological impacts associated 
with the action. Thus, the NRC determines that there would be no 
significant off site impact to the public from this action.
    The NRC has sent a copy of this proposed rule to every State 
Liaison Officer and requested their comments on this environmental 
assessment.

Paperwork Reduction Act Statement

    This proposed rule decreases the burden on licensees by allowing 
the use of alternative Code cases. The public burden reduction for this 
information collection is estimated to average more than five hours per 
licensee. Additionally, there is an estimated industry-wide reduction 
of 141 hours for the anticipated reduction in the number of relief 
requests to use the alternative Code cases. Because the burden for this 
information collection is insignificant, OMB clearance is not required. 
Existing requirements were approved by the OMB, approval number 3150-
0011.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
unless the requesting document displays a currently valid OMB control 
number.

Regulatory Analysis

    The ASME Code cases listed in the RGs to be incorporated by 
reference provide voluntary alternatives to the provisions in the ASME 
BPV Code for design, construction, and inservice inspection of the 
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 proposed rulemaking and 
comparing the costs associated with each alternative. The regulatory 
analysis is available for inspection on public computers in the NRC 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852, Room O-1 F21. Copies of the draft regulatory 
analysis are also available to the public as indicated under the 
``Availability of Documents'' section of this preamble.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, Public 
Law 96-354 (5 U.S.C. 605(b)), the Commission certifies that this 
proposed rule would not 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'' as set forth in the Regulatory Flexibility Act or 
the size standards established by the NRC (10 CFR 2.810).

[[Page 46455]]

Backfit Analysis

    The provisions in this proposed rulemaking would permit, but would 
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 would be 
voluntary and would not constitute a backfit. Thus, the Commission 
finds that these amendments would not involve any provisions that 
constitute a backfit as defined in 10 CFR 50.109(a)(1), that the 
backfit rule would not apply to this proposed rule, and that a backfit 
analysis is not required.

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.

    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); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. 
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(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). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. Section 50.55a is amended by revising the introductory text of 
paragraphs (b), (b)(4), and (b)(5), and paragraphs (f)(2), 
(f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), 
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as follows:


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 33 [temporarily designated DG-1124], 
``Design, Fabrication, and Materials Code Case Acceptability, ASME 
Section III;'' NRC Regulatory Guide 1.147, Revision 0 (February 1981), 
including Revision 1 through Revision 13 and Revision 14 [temporarily 
designated DG-1125], ``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. Single copies of NRC Regulatory 
Guides 1.84, Revision 33; 1.147, Revision 14; and 1.192 may be obtained 
free of charge by writing the Reproduction and Distribution Services 
Section, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
or by fax to 301-415-2289; or by email to [email protected]. 
Revisions 0-13 of NRC Regulatory Guide 1.147 are available 
electronically under accession number ML031560264 in the NRC's 
Agencywide Document Access and Management System (ADAMS) at http://www.nrc.gov/reading-rm/adams.html. For assistance in accessing 
documents located in ADAMS contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or e-mail [email protected]. 
Copies of the ASME Codes and NRC Regulatory Guides incorporated by 
reference in this section may be inspected at the NRC Technical 
Library, Two White Flint North, 11545 Rockville Pike, Rockville, MD 
20852-2738, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
    (4) Design, Fabrication, and Materials Code Cases. Licensees may 
apply the ASME Boiler and Pressure Vessel Code cases listed in NRC 
Regulatory Guide 1.84, Revision 33, without prior NRC approval subject 
to the following:
* * * * *
    (5) Inservice Inspection Code Cases. Licensees may apply the ASME 
Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147 
through Revision 14, without prior NRC approval subject to the 
following:
* * * * *
    (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 14, or 1.192 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 
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 14, 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

[[Page 46456]]

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 14, that are incorporated by reference in paragraph 
(b) of this section) applied to the construction of the particular pump 
or valve or the Summer 1973 Addenda, whichever is later.
* * * * *
    (iv) * * *
    (A) Pumps and valves, in facilities whose construction permit was 
issued before November 22, 1999, which are classified as ASME Code 
Class 2 and Class 3 must be designed and be provided with access to 
enable the performance of inservice testing of the pumps and valves for 
assessing operational readiness set forth in the editions and addenda 
of Section XI of the ASME Boiler and Pressure Vessel Code incorporated 
by reference in paragraph (b) of this section (or the optional ASME 
Code cases listed in NRC Regulatory Guide 1.147, through Revision 14, 
that are incorporated by reference in paragraph (b) of this section) 
applied to the construction of the particular pump or valve or the 
Summer 1973 Addenda, whichever is later.
* * * * *
    (4) * * *
    (ii) Inservice tests to verify operational readiness of pumps and 
valves, whose function is required for safety, conducted during 
successive 120-month intervals must comply with the requirements of the 
latest edition and addenda of the Code incorporated by reference in 
paragraph (b) of this section 12 months before the start of the 120-
month interval (or the optional ASME Code cases listed in NRC 
Regulatory Guide 1.147, through Revision 14, 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 14, 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 14, 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 14, 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 14, 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 
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 14, 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 
14, 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 21st day of July, 2004.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 04-17609 Filed 8-2-04; 8:45 am]
BILLING CODE 7590-01-P