[Federal Register Volume 69, Number 148 (Tuesday, August 3, 2004)]
[Notices]
[Pages 46597-46598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17611]


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NUCLEAR REGULATORY COMMISSION


Draft Regulatory Guide; Issuance, Availability

    The Nuclear Regulatory Commission (NRC) has issued for public 
comment a proposed revision of a guide in its Regulatory Guide Series. 
Regulatory Guides are developed to describe and make available to the 
public such information as methods acceptable to the NRC staff for 
implementing specific parts of the NRC's regulations, techniques used 
by the staff in evaluating specific problems or postulated accidents, 
and data needed by the staff in its review of applications for permits 
and licenses.
    The draft guide is temporarily identified by its task number, DG-
1125, which should be mentioned in all correspondence concerning this 
draft guide. Draft Regulatory Guide DG-1125, ``Inservice Inspection 
Code Case Acceptability, ASME Section XI, Division 1,'' is proposed 
Revision 14 of Regulatory Guide 1.147. The regulation at 10 CFR 
50.55a(g), ``Inservice Inspection Requirements,'' requires, in part, 
that Classes 1, 2, 3, MC, and CC Components and their supports meet the 
requirements of Section XI, ``Rules for Inservice Inspection of Nuclear 
Power Plant Components,'' of the American Society of Mechanical 
Engineers (ASME) Boiler and Pressure Vessel (B&PV) Code or equivalent 
quality standards. Every 3 years the ASME publishes a new edition of 
the B&PV Code, including Section XI, and new addenda are published 
every year. The latest editions and addenda of Section XI that have 
been approved for use by the NRC are referenced in 10 CFR 50.55a(b). 
The ASME also publishes Code cases quarterly. Code cases provide 
alternatives to existing Code requirements that were developed and 
approved by the ASME. This regulatory guide identifies the Code cases 
that have been determined by the NRC to be acceptable alternatives to 
applicable parts of Section XI. These Code cases may be used by 
licensees without a request for authorization from the NRC provided 
that they are used with any identified limitations or modifications. 
Section XI Code cases not yet endorsed by the NRC may be implemented 
through 10 CFR 50.55a(a)(3), which permits the use of alternatives to 
the Code requirements referenced in 10 CFR 50.55a provided that the 
proposed alternatives result in an acceptable level of quality and 
safety and that their use is authorized by the Director of the Office 
of Nuclear Reactor Regulation.
    This draft guide has not received complete staff approval and does 
not represent an official NRC staff position. Because Code cases 
approved by the NRC in a final guide may be used voluntarily by 
licensees as an alternative to compliance with ASME Code provisions, 
the final guide will be incorporated by reference into 10 CFR 50.55a 
through rulemaking.
    A document entitled ``Evaluation of Code Cases'' is attached to the 
proposed rulemaking associated with the draft guide. The document 
provides a basis for each condition in the draft guide. Public comments 
are encouraged on the Code case conditions. It should be noted that 
Code Cases N-416-3 and N-504-2 are listed in the draft guide as 
unconditionally acceptable. The NRC is proposing to condition Code Case 
N-416-3 in response to a recent licensee submittal. The NRC does not 
believe that the application of the Code case as described in the 
submittal would provide adequate assurance of component structural 
integrity. A condition is also being proposed for Code Case N-504-2. 
The American Society of Mechanical Engineers (ASME) recently addressed 
a revision to Code Case N-504-2. The NRC is proposing to condition the 
use of Code Case N-504-2 based on this recent ASME action. The proposed 
conditions are discussed in Section 4.7 of the ``Evaluation of Code 
Cases.'' Because the industry actions occurred after the draft guide 
had been published but prior to release of the guide for public 
comment,

[[Page 46598]]

the NRC is proposing to condition the use of these two Code cases in 
the final guide unless public comments are received 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.
    Comments may be accompanied by relevant information or supporting 
data. Written comments may be submitted by mail to the Rules and 
Directives Branch, Office of Administration, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; or they may be hand-delivered to 
the Rules and Directives Branch, Office of Administration, at 11555 
Rockville Pike, Rockville, MD. Copies of comments received may be 
examined at the NRC's Public Document Room, 11555 Rockville Pike, 
Rockville, MD. Comments will be most helpful if received by September 
2, 2004.
    You may also provide comments via the NRC's interactive rulemaking 
web site through the NRC home page (http: //www.nrc.gov). This site 
provides the ability to upload comments as files (any format) if your 
web browser supports that function. For information about the 
interactive rulemaking web site, contact Ms. Carol Gallagher, (301) 
415-5905; e-mail [email protected]. For technical information about Draft 
Regulatory Guide DG-1125, contact Mr. W. E. Norris at (301) 415-6796 
(e-mail [email protected]).
    Although a deadline is given for comments on these draft guides, 
comments and suggestions in connection with items for inclusion in 
guides currently being developed or improvements in all published 
guides are encouraged at any time.
    Regulatory guides are available for inspection at the NRC's Public 
Document Room, 11555 Rockville Pike, Rockville, MD; the PDR's mailing 
address is USNRC PDR, Washington, DC 20555-0001; telephone (301) 415-
4737 or (800) 397-4209; fax (301) 415-3548; e-mail [email protected]. 
Requests for single copies of draft or final regulatory guides (which 
may be reproduced) or placement on an automatic distribution list for 
single copies of future draft guides in specific divisions should be 
made in writing to the U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, Attention: Reproduction and Distribution Services 
Section, or by fax to (301) 415-2289; e-mail [email protected]. 
Telephone requests cannot be accommodated. Regulatory guides are not 
copyrighted, and NRC approval is not required to reproduce them. (5 
U.S.C. 552(a))

    Dated at Rockville, Maryland this 20th day of April, 2004.
    For the Nuclear Regulatory Commission.
Michael Mayfield,
Director, Division of Engineering Technology, Office of Nuclear 
Regulatory Research.
[FR Doc. 04-17611 Filed 8-2-04; 8:45 am]
BILLING CODE 7590-01-P