[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Rules and Regulations]
[Pages 71750-71756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24478]


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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: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending 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, Fabrication, and Materials 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 action allows licensees to use the Code 
Cases listed in the RGs as alternatives to requirements in the ASME 
Boiler and Pressure Vessel Code regarding the construction and 
inservice inspection of nuclear power plant components. Concurrent with 
this action, the NRC is publishing a notice of the issuance and 
availability of the final RGs. As a result of these related actions, 
the Code Cases listed in these RGs are incorporated by reference into 
the NRC's regulations.

DATES: Effective Date: January 18, 2008. The incorporation by reference 
of certain publications listed in the regulation is approved by the 
Director of the Office of the Federal Register as of January 18, 2008.

FOR FURTHER INFORMATION CONTACT: L. Mark Padovan, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-1423, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

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-1F21, Rockville, Maryland. 
Publicly available documents related to this rulemaking may be viewed 
electronically on the public computers located at the NRC's PDR. The 
PDR reproduction contractor will copy documents for a fee.
    The NRC's Public Electronic Reading Room. The NRC's public 
electronic reading room (e-reading room) is located at http://www.nrc.gov/reading-rm.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. 
The table below shows some documents related to this rulemaking, and 
their ADAMS ML numbers. 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].

------------------------------------------------------------------------
                 Document                    PDR    Web   e-Reading room
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Final Rule--Regulatory Analysis...........      X      X     ML070360713
RG 1.84, Rev. 34..........................      X      X     ML072070407
RG 1.147, Rev. 15.........................      X      X     ML072070419
RG 1.193, Rev. 1..........................      X      X     ML052140501
Response to Public Comments...............      X      X     ML071230720
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Background

    The 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.
    The NRC staff reviews ASME BPV and OM Code Cases, 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. The NRC incorporates by reference the RGs listing acceptable and 
conditionally acceptable ASME Code Cases in 10 CFR 50.55a. Currently, 
NRC RG 1.84, Revision 33, ``Design, Fabrication, and Materials Code 
Case Acceptability, ASME Section III,'' NRC RG 1.147, Revisions 0 
through 14, ``Inservice Inspection Code Case Acceptability, ASME 
Section XI, Division 1,'' and NRC RG 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 final rule incorporates by reference the latest revisions of 
the NRC RGs that list acceptable and conditionally acceptable ASME BPV 
Code Cases. RG 1.84, Revision 34 supersedes the incorporation by 
reference of Revision 33 and RG 1.147, Revision 15 supersedes the 
incorporation by reference of Revisions 0 through 14. Revision 15 of RG 
1.147 supersedes all previous revisions of the RG. To make RG 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 RG 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

[[Page 71751]]

published by the ASME since the last NRC staff review.
    RG 1.193, ``ASME Code Cases Not Approved for Use,'' lists the Code 
Cases that the NRC has determined are not acceptable for generic use. 
This guide complements RG 1.84 and RG 1.147 which list the Code Cases 
that the NRC has determined to be acceptable alternatives to applicable 
provisions of Section III and Section XI, respectively. Revision 1 to 
RG 1.193, issued in August 2005, is the latest available revision. On 
May 19, 2006, Revision 2 of the guide was issued for public comment 
(Draft Guide DG-1135, ML061210429). The public comment period closed on 
July 14, 2006. No comment letters were received. Issuance of the final 
guide was held pending the resolution of public comments on RGs 1.84 
and 1.147 to determine if changes to these guides would necessitate a 
change to RG 1.193. No changes to the draft guide are necessary, and 
the final guide was issued in October 2007 through a separate notice.
    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 RGs 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 
RGs 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 RGs. 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/IST 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). If a Code Case is 
incorporated by reference into 10 CFR 50.55a and later annulled by the 
ASME because experience has shown that the design analysis, 
construction method, examination method, or testing method is 
inadequate, the NRC will amend 10 CFR 50.55a and the relevant RG to 
remove the approval of the annulled Code Case. Licensees should not 
begin to implement such annulled Code Cases in advance of the 
rulemaking.
    Concurrent with this action, the NRC is publishing notices of 
availability of these RGs listing acceptable ASME BPV Code Cases.

Discussion of Comments

    The NRC received no comments on the proposed rulemaking, and 11 
public comment letters on the draft regulatory guides. The comments 
relate to the associated notice of issuance and availability of the 
proposed RGs (71 FR 62947; October 27, 2006), as discussed below.

RG 1.84, Code Case N-659

    Eight of the comments pertained to proposed Revision 34 of 
Regulatory Guide 1.84. Specifically, all of the comments addressed Code 
Case N-659, ``Use of Ultrasonic Examination in Lieu of Radiography for 
Weld Examination, Section III, Division 1.'' All of the commenters had 
concerns relative to the conditions proposed by the NRC. Several 
commenters stated that further clarification was needed, and the 
demonstration program needed to be better defined. Other commenters 
believed that there was no need to require blind procedure and 
personnel demonstrations since a blind personnel demonstration would be 
sufficient, in their opinion, to also demonstrate the procedure. Some 
specific questions were raised, such as the number of flaws required 
for the procedure demonstration and false calls.
    NRC Response: As noted above, the Statement of Considerations 
(Federal Register Notice 71 FR 62947, published on October 27, 2006) 
discussed the NRC's intent to add conditions to Code Case N-659 in the 
final guide unless public comments were received indicating that the 
staff's proposed technical bases for the conditions were incorrect, not 
applicable, unnecessary, or not justified. Because interest in using 
the code case had been expressed by the industry, the NRC developed the 
proposed conditions in an attempt to resolve the NRC's technical 
concerns and make the code case available for use. Public comments were 
received raising issues with the proposed NRC approach. In a separate 
Federal Register Notice (71 FR 32615) published for public comment on 
June 6, 2006, the industry had been notified that the NRC had 
determined that changes made to the code case by ASME International, 
published as Code Case N-659-1, were not acceptable to the NRC.
    Accordingly, given the NRC's technical concerns with the 
demonstration program, the issues

[[Page 71752]]

raised in the public comments, and that the changes to Code Case N-659 
resulting in Revision 1 to the code case are not acceptable to the NRC, 
the NRC has determined that a more effective approach for developing a 
suitable performance demonstration program would be to work with ASME 
International. Thus, Code Case N-659 will not be endorsed in the final 
regulatory guide, and the NRC staff will work through the ASME Code 
process to resolve the issues. To ensure that all stakeholders 
understand the NRC staff's concerns, responses have been developed to 
some of the public comments on Code Case N-659 dealing with the concept 
and motive for performance demonstration. The NRC's responses can be 
found in the ``Response to Public Comments'' document which is 
available to the public as indicated in the ``Availability of 
Documents'' section of this preamble. Responses are not provided for 
many of the public comments addressing details such as acceptance 
criteria, as these will be dependent on the scope of the performance 
demonstration program. The responses should be considered as the 
staff's preliminary positions on the issues.

RG 1.147

Code Case N-532-4
    A commenter suggested that the NRC should consider listing Code 
Case N-532, Revision 4, rather than Code Case N-532, Revision 3, 
because Revision 4 addresses the proposed condition in the draft 
regulatory guide.
    NRC Response: The NRC had conditionally approved previous revisions 
of the Code Case requiring that the inspection report be submitted 
within 90 days of the completion of each refueling outage. Under the 
provisions of Revision 3, it could have been several years before 
licensees submitted the inspection report. Since the change resulting 
in Code Case N-532-4 is consistent with the previously established 
regulatory position, the commenter's suggestion has been adopted, and 
Revision 4 to the Code Case is included in the final guide.
Code Case N-504-2
    Two comments were received on Code Case N-504, Revision 2. The 
first comment was that the reference for obtaining a copy of Section 
XI, Appendix Q, ``Weld Overlay Repair of Class 1, 2, and 3 Austenitic 
Stainless Steel Piping Weldments,'' was incorrect.
    NRC Response to the first comment: It was an oversight to not 
delete this reference in the draft guide. Accordingly, the reference 
has been removed in the final guide.
    The second comment on Code Case N-504-2 was that the NRC should 
consider listing Code Case N-504-3, rather than Code Case N-504-2, 
because Revision 3 addresses the proposed conditions in the draft 
regulatory guide.
    NRC Response: The revisions in Revision 3 are administrative in 
nature addressing use of the Code Case with various editions and 
addenda of Section XI. As these changes to the Code Case are 
administrative in nature and address the proposed conditions, Code Case 
N-504-3 is included in the final guide.
Code Case N-554-3
    A commenter suggested that the NRC remove the limitation on Code 
Case N-554, Revision 3, consistent with NRC's letter of August 23, 
2006, to Mr. Ken Balkey, Vice President Nuclear Codes and Standards.
    NRC Response: In that letter, the NRC stated that it had evaluated 
ASME International's position on the Code Case, and concluded that 
there was a reasonable basis for pursuing the removal of the limitation 
on the Code Case. At the time that the letter was transmitted, the 
draft regulatory guide was in final concurrence. Hence, it was decided 
to address this issue in the subsequent revision. However, since the 
comment is consistent with the regulatory position, the NRC has 
determined that the limitation can be removed in the final guide. Thus, 
Code Case N-554-3 will be unconditionally approved in the final guide.
Code Case N-567-1
    A commenter suggested that, based on the same letter to Mr. Ken 
Balkey described above, the proposed limitation for Code Case N-567, 
Revision 1, should also be removed. The commenter pointed out that the 
basis for removing the limitation on Code Case N-554-3 equally applies 
to Code Case N-567-1.
    NRC Response: The NRC agrees, and Code Case N-554-3 will be 
unconditionally approved in the final guide.
Code Case N-533-1
    A commenter suggested that the limitations on Code Case N-533, 
Revision 1, be worded consistent with those in Revision 14 of 
Regulatory Guide 1.147.
    NRC Response: There was no intent to modify the intent of the 
condition in Revision 15. The intent was to make the condition more 
succinct. In accordance with the commenter's suggestion, the more 
descriptive condition contained in Revision 14 will be retained in the 
final Revision 15.
Code Case N-460
    In the draft guide, the NRC proposed to condition Code Case N-460 
relative to the manner in which it could be used in conjunction with 
Code Case N-659. Several commenters suggested that this was not 
necessary. The commenters believed that the provisions of the Code Case 
N-460 would prohibit the use of it in the manner discussed, and also 
suggested that the proposed condition would be burdensome.
    NRC Response: The comments raise additional issues that need 
further consideration. Since these issues are associated with Code Case 
N-659, and it is not presently being accepted, issues with Code Case N-
460 do not need to be resolved at this time. Accordingly, Code Case N-
460 will not be conditioned in the final guide.
Code Case N-517-1
    A commenter suggested that the limitation on Code Case N-517, 
Revision 1, should be removed.
    NRC Response: Several years ago, NRC staff raised a concern that 
the Code Case was not consistent with 10 CFR 50, Appendix B, in that it 
would permit the purchase of materials from sources that do not have 
approved QA programs. However, the NRC has determined that the 
requirements of Appendix B are law and remain in effect even when a 
Code Case takes exception or is otherwise silent on the issue. 
Accordingly, the condition on Code Case N-517-1 has been removed in the 
final guide.
Code Cases N-619 and N-648-1
    A commenter requested that the NRC clarify the conditions for 
approval for both Code Case N-619 and N-648, Revision 1. Specifically, 
clarification was requested relative to the reference to external 
surfaces on the inner radius of the nozzle.
    NRC Response: The conditions in the final guide have been clarified 
to indicate that the external surface is from point M to point N in the 
figure.
Code Case N-706
    A commenter recommended that the NRC considers including Code Case 
N-706 in Revision 15 to Regulatory Guide 1.147.
    NRC Response: As indicated by the commenter, the NRC has previously 
approved the strategy identified in Code Case N-706 in relief requests. 
Technical Letter Report, ``Assessment of ASME Code Examinations on 
Regenerative, Letdown and Residual Heat Removal Heat Exchangers,'' 
Pacific Northwest

[[Page 71753]]

National Laboratory (PNNL), dated July 2004, gives a technical basis 
for acceptance of the Code Case. PNNL reviewed the component design, 
operating conditions, preventative maintenance practices, potential 
degradation mechanisms, failure history, and risk assessments for these 
heat exchanges. It concluded that with this change in inspection 
strategy identified in Code Case N-706, failure frequencies would 
remain very low, and there would be little impact on core damage or 
large early release frequencies. In addition, this change would 
significantly reduce occupational exposures. The NRC has determined 
that the alternative examination of the subject component provides 
reasonable assurance of structural integrity. Accordingly, the NRC 
agrees with the commenter's suggestion, and Code Case N-706 has been 
approved in the final guide.

Paragraph-by-Paragraph Discussion

    On October 27, 2006, the NRC published notices of the proposed 
rulemaking and availability of proposed revisions to RGs 1.84 and 1.147 
(71 FR 62942 and 71 FR 62947). The NRC has considered the public 
comments on these RGs and has resolved those comments by modifying the 
guides, as appropriate, or providing its rationale for not doing so. 
This rulemaking amends 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.

Paragraph 50.55a(b)

    In Sec.  50.55a(b), (b)(4), and (b)(5), the reference to the 
revision number for RG 1.84 is changed from ``Revision 33'' to 
``Revision 34,'' and the reference to the revision numbers for RG 1.147 
is changed to ``Revision 15.''

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

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 
standards is inconsistent with applicable law or is otherwise 
impractical. In this action, the NRC is amending its regulations to 
incorporate by reference RGs 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 Pub. L. 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 RGs that are incorporated by 
reference in Sec.  50.55a(b). Those that are found to be unacceptable 
are listed in RG 1.193, titled 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 Pub. L. 104-113. For these reasons, the treatment 
of ASME BPV Code Cases, and modifications and conditions placed on 
them, in this final rule does not conflict with any policy on agency 
use of consensus standards specified in OMB Circular A-119.

Finding of No Significant Environmental Impact: Environmental 
Assessment

    This action stems from the Commission's practice of incorporating 
by reference the RGs listing the most recent set of NRC-approved ASME 
Code Cases. The purpose of this action is to allow licensees to use the 
Code Cases listed in the RGs as alternatives to requirements in the 
ASME BPV Code for the construction and inservice inspection of nuclear 
power plant components. This 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, Pub. L. 104-113.
    The National Environmental Policy Act (NEPA), Pub. L. 97-190 (42 
U.S.C. 4321, et seq.), as amended, 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 action and alternatives 
to the action (42 U.S.C. 4332(2)(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 
would not be a major Federal action significantly affecting the quality 
of the human environment. Therefore, an environmental impact statement 
is not required.
    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 this action 
because no changes would be made affecting non-radiological plant 
effluents nor in activities that would adversely affect the 
environment.
    The determination of this environmental assessment is that there 
will be no significant offsite impact to the public from this action. 
The NRC sought public comments and the views of the States on this 
assessment but received none.

Paperwork Reduction Act Statement

    This final 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

    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.

[[Page 71754]]

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 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 regulatory analysis addressing the qualitative benefits 
of the alternatives considered in this final 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, Maryland, Room O-1 F21. Copies of the regulatory analysis 
are also available to the public as indicated under the Availability of 
Documents heading in this preamble.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
Commission certifies that this final rule will not impose a significant 
economical impact on a substantial number of small entities. This final 
rule affects only the licensing and operation of nuclear power plants. 
The companies that own these plants 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 final rulemaking allow licensees to 
voluntarily apply NRC-approved Code Cases, sometimes with modifications 
or conditions. Therefore, the voluntary implementation of an approved 
Code Case does not constitute a backfit. Thus, the Commission finds 
that this final rule does not involve any provisions that constitute a 
backfit as defined in 10 CFR 50.109(a)(1), that the backfit rule does 
not apply to this final rule, and that a backfit analysis is not 
required.

Congressional Review Act (CRA)

    Under the Congressional Review Act (CRA) of 1996, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Management and Budget.

List of Subjects in 10 CFR Part 50

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

0
For the reasons set forth in the preamble, and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR Part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
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(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).

0
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 34, ``Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III'' (October 2007); 
NRC Regulatory Guide 1.147, Revision 15, ``Inservice Inspection Code 
Case Acceptability, ASME Section XI, Division 1'' (October 2007); 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 that 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:
* * * * *
    (f) * * *

[[Page 71755]]

    (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 1st day of November, 2007.


[[Page 71756]]


    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E7-24478 Filed 12-18-07; 8:45 am]
BILLING CODE 7590-01-P