[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Proposed Rules]
[Pages 62942-62947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18023]


 ========================================================================
 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. 71, No. 208 / Friday, October 27, 2006 / 
Proposed Rules  

[[Page 62942]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AH80


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) that approve Code cases 
published by the American Society of Mechanical Engineers (ASME). These 
RGs are 1.84, ``Design and Fabrication Code Case Acceptability, ASME 
Section III,'' Revision 34 and RG 1.147, ``Inservice Inspection Code 
Case Acceptability, ASME Section XI, Division 1,'' Revision 15. This 
proposed action would allow licensees to use the Code Cases listed in 
the regulatory guides as alternatives to requirements in the ASME BPV 
Code regarding the construction and inservice inspection of nuclear 
power plant components.

DATES: Submit comments on the rule by January 10, 2007. 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-AH80 in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking web site. Personal information will not be 
removed from your comments.
    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. Address questions about our 
rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail 
[email protected]. Comments can also be submitted via the Federal Rulemaking 
Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
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 regulatory guides 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, Maryland 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://ruleform.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/NRC/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 Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
[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: Lee Banic, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-2771, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The American Society of Mechanical Engineers (ASME) develops and 
publishes the Boiler and Pressure Vessel Code (BPV Code), which 
contains the Code 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 and OM Code Cases, rules upon the 
acceptability of each Code Case, and publishes its findings in 
regulatory guides. The regulatory guides are revised periodically as 
new Code Cases are published by the ASME. The NRC incorporates by 
reference the regulatory guides listing acceptable and conditionally 
acceptable ASME Code Cases in 10 CFR 50.55a. Currently, NRC Regulatory 
Guide 1.84, Revision 33, ``Design, Fabrication, and Materials Code Case 
Acceptability, ASME Section III,'' NRC Regulatory Guide 1.147, 
Revisions 0 through 14, ``Inservice Inspection Code Case Acceptability, 
ASME Section XI, Division 1,'' and NRC Regulatory Guide 1.192, 
``Operation and Maintenance Code Case Acceptability, ASME OM Code'' are 
incorporated into NRC's regulations, specifically 10 CFR 50.55a, 
``Codes and Standards.''
    This proposed rule would incorporate by reference the latest 
revisions of the NRC regulatory guides that list acceptable and 
conditionally acceptable ASME BPV Code Cases. Draft Regulatory Guide 
(RG) 1.84, Revision 34

[[Page 62943]]

[temporarily designated DG-1133] would supersede the incorporation by 
reference of Revision 33 and Draft RG 1.147, Revision 15 [temporarily 
designated DG-1134] would supersede the incorporation by reference of 
Revisions 0 through 14. Revision 15 of Regulatory Guide 1.147 
supersedes all previous revisions of the RG. To make Regulatory Guide 
1.147 easier to use, there was an effort to ensure that the tables of 
annulled Code Cases in Revision 15 were all inclusive. The result 
should be that licensees will no longer have to refer to multiple 
versions of this regulatory guide in managing Code Case usage in their 
ISI programs. RG 1.192, Operation and Maintenance Code Case 
Acceptability, ASME OM Code (June 2003), has not been revised because 
no new OM Code Cases have been published by the ASME since the last NRC 
staff review.
    The ASME recently changed its policy with regard to the effective 
period for Code Cases. Previously, a Code Case was approved with a 3-
year expiration date. With the policy change, a Code Case is approved 
without an expiration date and is effective until the ASME takes 
action. Some of the Code Cases listed in the regulatory guides were 
reviewed by the NRC prior to implementation of the new policy (i.e., 
Code Case reaffirmation dates appear in some tables). Subsequent 
revisions of the regulatory guides will reflect the discontinuance of 
expiration dates.
    The endorsement of a Code Case in NRC RGs constitutes acceptance of 
its technical position for applications not precluded by regulatory or 
other requirements or by the recommendations in these or other 
regulatory guides. The licensee is responsible for ensuring that use of 
the Code Case does not conflict with regulatory requirements or 
licensee commitments. The Code Cases listed in the RGs are acceptable 
for use within the limits specified in the Code Case.
    Code Cases may be revised for many reasons, for example to 
incorporate operational examination and testing experience and to 
update material requirements based on research results. On occasion, an 
inaccuracy in an equation is discovered or an examination as practiced 
is found not to be adequate to detect a newly discovered degradation 
mechanism. Hence, when a licensee initially implements a Code Case, 10 
CFR 50.55a requires that the licensee implement the most recent version 
of that Code Case as listed in the RGs incorporated by reference. Code 
Cases superseded by revision are no longer acceptable for initial 
application unless otherwise indicated.
    Section III applies only to new construction (i.e., the edition and 
addenda to be used in the construction of a plant are selected based on 
the date of the construction permit and are not changed thereafter, 
except voluntarily by the licensee). Hence, if a Section III Code Case 
is implemented by a licensee and a later version of the Code Case is 
incorporated by reference into Sec.  50.55a and listed in the RGs, the 
licensee may use either version of the Code Case (subject, however, to 
whatever change requirements apply to its licensing basis, e.g., 10 CFR 
50.59).
    Section XI ISI and OM IST programs are updated every 10 years to 
the latest edition and addenda of Section XI that was incorporated by 
reference into Sec.  50.55a and in effect 12 months before the start of 
the next inspection and testing interval. Licensees who were using a 
Code Case prior to the effective date of its revision may continue to 
use the previous version for the remainder of the 120-month ISI or IST 
interval. This relieves licensees of the burden of having to update 
their ISI or IST program each time a Code Case is revised by the ASME 
and approved for use by the NRC. Since Code Cases are applicable to 
specific editions and addenda, and since Code Cases may be revised 
because they are no longer accurate or adequate, licensees choosing to 
continue using a Code Case during the subsequent ISI interval must 
implement the latest version incorporated by reference into Sec.  
50.55a and listed in the RGs.
    The ASME may annul Code Cases that are no longer required, are 
determined to be inaccurate or inadequate, or have been incorporated 
into the BPV or OM Code. If a licensee applied a Code Case before it 
was listed as annulled or expired, the licensee may continue to use the 
Code Case until the licensee updates its construction Code of Record or 
until the licensee's 120-month ISI/IST update interval expires, after 
which the continued use of the Code Case is prohibited unless NRC 
approval is granted under Sec.  50.55a(a)(3).
    Concurrent with this action, the NRC is publishing notices of 
availability of these draft regulatory guides listing acceptable ASME 
BPV Code Cases for public comment. Interested parties may submit 
comments to the NRC on the draft guides in accordance with the 
instructions published in the Federal Register notices announcing their 
availability.

Paragraph-by-Paragraph Discussion

    This proposed rule would amend 10 CFR 50.55a to incorporate by 
reference RG 1.84 Revision 34, in place of Revision 33, and RG 1.147 
Revision 15, in place of Revisions 0 through 14.

1. Paragraph 50.55a(b)

    In Sec.  50.55a(b), (b)(4), and (b)(5) the reference to the 
revision number for Regulatory Guide 1.84 would be changed from 
``Revision 33'' to ``Revision 34'' and the reference to the revision 
numbers for Regulatory Guide 1.147 would be changed from ``through 
Revision 14'' to ``Revision 15.''

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 
Regulatory Guide 1.147 ``through Revision 14'' are the versions that 
are incorporated by reference in Sec.  50.55a(b) would be modified to 
read ``Revision 15''. Incorporation by reference of Revision 15 of 
Regulatory Guide 1.147 would supersede the incorporation by reference 
of all previous revisions. Revision 15 of Regulatory Guide 1.147 
supersedes all previous revisions of the RG. The tables of annulled and 
superseded Code Cases have been reviewed to ensure that the lists are 
all inclusive.

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 Public Document Room is located 
at 11555 Rockville Pike, Public File Area O-1 F21, Rockville, Maryland. 
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.
    The NRC's Public Electronic Reading Room (PERR). The NRC's Public

[[Page 62944]]

Electronic Reading Room is located at http://www.nrc.gov/reading-rm.html.

----------------------------------------------------------------------------------------------------------------
                    Document                       PDR      Web                    e-Reading room
----------------------------------------------------------------------------------------------------------------
Proposed Rule--Draft Regulatory Analysis.......       X        X   ML053430094
Proposed Regulatory Guide 1.84, Rev. 34 (DG-          X        X   ML061210377
 1133).
Proposed Regulatory Guide 1.147, Rev. 15 (DG-         X        X   ML061210404
 1134).
Proposed Regulatory Guide 1.193, Rev 1.........       X        X   ML050270345
----------------------------------------------------------------------------------------------------------------

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. In this action, the NRC would amend its 
regulations to incorporate by reference regulatory guides that list 
ASME BPV Code cases approved by the NRC. ASME Code cases, which are 
ASME-approved alternatives to the provisions of ASME Code editions and 
addenda, are 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.
    The NRC reviews each Section III and Section XI Code Case published 
by the ASME to ascertain whether it is consistent with the safe 
operation of nuclear power plants. Those Code cases found to be 
generically acceptable are listed in the regulatory guides that are 
incorporated by reference in Sec.  50.55a(b). Those that are found to 
be unacceptable are listed in Regulatory Guide 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 that are 
incorporated by reference along with the modifications and limitations 
under which they may be applied. If the NRC did not conditionally 
accept ASME Code Cases, it would disapprove these Code cases entirely. 
The effect would be that licensees would need to submit a larger number 
of relief requests which would be an unnecessary additional burden for 
both the licensee and the NRC. The NRC believes that this situation 
fits the definition of ``impractical'' under Public Law 104-113. For 
these reasons, 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

    In accordance with 10 CFR 51.30, this environmental assessment is 
provided. It discusses the need for the proposed action; alternatives 
as required by the National Environmental Policy Act, NEPA; the 
environmental impacts of the proposed action and alternatives as 
appropriate; and a list of agencies and persons consulted and 
identification of sources used.

1. Need for the Proposed Action

    This proposed action stems from the Commission's practice of 
incorporating by reference the Regulatory Guides listing the most 
current set of NRC-approved ASME Code Cases. The purpose of this 
proposed action is to allow licensees to use the Code Cases listed in 
the regulatory guides as alternatives to requirements in the ASME BPV 
Code for the construction and inservice inspection of nuclear power 
plant components. This proposed action is intended to advance the NRC's 
strategic goals of protecting the public health, safety, and the 
environment, ensuring openness in the regulatory process, and promoting 
regulatory effectiveness and efficiency. It also demonstrates the 
agency's commitment to participate in the national consensus standards 
process under the national Technology Transfer and Advancement Act of 
1995, Public Law 104-113.

2. Alternatives as Required by NEPA

    NEPA requires Federal government agencies to study the impacts of 
their ``major Federal actions significantly affecting the quality of 
the human environment'' and prepare detailed statements on the 
environmental impacts of the proposed action and alternatives to the 
proposed action (United States Code, Vol. 42, Section 4332(C) [42 
U.S.C. 4332(C)]; NEPA section 102(C)).
    The Commission has determined under NEPA, 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 given below.

3. Environmental Impacts of the Proposed Action

    As alternatives to the ASME Code, NRC-approved Code Cases provide 
an equivalent level of safety. Therefore the probability or 
consequences of accidents is not changed. There are also no significant 
non-radiological impacts associated with the proposed action because no 
changes would be made affecting non-radiological plant effluents nor in 
activities that would adversely affect the environment.

4. List of Agencies and Persons Consulted and Sources Used

    The determination of this environmental assessment is that there 
will be no significant offsite impact to the public from this action. 
However, the general public should note that the NRC is seeking public 
participation on this assessment. Comments on any aspect of the 
environmental assessment may be submitted to the NRC as indicated under 
the ADDRESSES heading of this Federal Register notice.
    The NRC is sending a copy of the environmental assessment and this 
proposed rule to every State Liaison Officer and requesting their 
comments on the environmental assessment.
    Sources relevant to this rulemaking are the ASME BPV Code and RGs 
1.84 Revision 34 and 1.147, Revision 15.

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or an amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0011.

Public Protection Notification

    NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an

[[Page 62945]]

information collection unless the requesting document displays a 
currently valid OMB control number.

Regulatory Analysis

    The ASME Code cases listed in the regulatory guides to be 
incorporated by reference provide voluntary alternatives to the 
provisions in the ASME BPV Code for design, construction, and inservice 
inspection (ISI) 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 
unnecessary regulatory burden or gain additional operational 
flexibility. It would be difficult for the NRC to provide these 
advantages independently of the ASME Code case publication process 
without expending considerable additional resources. The NRC has 
prepared a draft regulatory analysis addressing the qualitative 
benefits of the alternatives considered in this proposed rulemaking and 
comparing the costs associated with each alternative. The draft 
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, Maryland, Room O-1 F21. Copies of the draft 
regulatory analysis are also available to the public as indicated under 
the Availability of Documents heading in this preamble. Its ADAMS 
number is ML053430094.

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 would 
not impose a significant economical 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 
are not ``small entities'' as defined in the Regulatory Flexibility Act 
or the size standards established by the NRC (10 CFR 2.810).

Backfit Analysis

    The provisions in this proposed rulemaking would permit, but would 
not require, licensees to apply NRC-approved Code cases, 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 this proposed rule 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 is 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(d), 
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 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 34, ``Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III'' [temporarily 
designated DG-1133]; NRC Regulatory Guide 1.147, Revision 15, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1'' [temporarily designated DG-1134]; 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 34; 1.147, Revision 15; 
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 e-mail to 
[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 34, 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, 
Revision 15, without prior NRC approval subject to the following:
* * * * *

[[Page 62946]]

    (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, Revision 15, or 1.192 that are 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, Revision 15, 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 listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 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, Revision 15, 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, Revision 15, 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, Revision 15, 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, Revision 15, 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, Revision 
15, 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, 
Revision 15, that are incorporated by reference in paragraph (b) of 
this section) applied to the construction of the particular component.
* * * * *
    (4) * * *
    (i) Inservice examination 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, Revision 
15, 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, Revision 15, 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 5th day of September, 2006.


[[Page 62947]]


    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E6-18023 Filed 10-26-06; 8:45 am]
BILLING CODE 7590-01-P