[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Proposed Rules]
[Pages 38987-38988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18549]

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. 74, No. 149 / Wednesday, August 5, 2009 / 
Proposed Rules

[[Page 38987]]


10 CFR Part 50

RIN 3150-AI53

Industry Codes and Standards; Amended Requirements

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Proposed rule.


SUMMARY: The NRC is proposing to amend its regulation governing vessel 
head inspection requirements. This amendment would revise the upper 
range of the percentage of axial flaws permitted in a specimen set used 
in the qualification of nondestructive examination systems (procedures, 
personnel and equipment), for the performance of inservice inspection 
(ISI) of pressurized water reactor (PWR) upper reactor vessel head 
penetrations. This amendment is being proposed as a result of the 
withdrawal of a stakeholder's recommendation necessitated by a 
typographical error in the original recommendation with respect to the 
maximum percentage of flaws that should be oriented axially.

DATES: The comment period for this proposed rule ends on September 4, 
2009. Comments received after this date will be considered if it is 
practical to do so, but the NRC is able to ensure only that comments 
received on or before this date will be considered.

ADDRESSES: You may submit comments by any one of the following methods. 
Comments 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 that you do not want to 
be publicly disclosed.
    Federal eRulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2008-0663. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
[email protected].
    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 e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677. You can access publicly available 
documents related to this document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee. Publicly available documents related to this 
rulemaking, including comments, may be viewed electronically on the 
public computers located at the NRC' s PDR, Public File Area O1 F21, 
One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 
The PDR reproduction contractor will copy documents for a fee.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into 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 in ADAMS, 
contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by 
e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Manash K. Bagchi, Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone 301-415-2905, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: See the information provided in the direct 
final rule of the same title, which is found in the Rules and 
Regulations section of this Federal Register Notice. Because the NRC 
considers this rule to be non-controversial, the agency is publishing 
this proposed rule concurrently as a direct final rule. The direct 
final rule will become effective on October 19, 2009. However, if the 
NRC receives significant adverse comments on the direct final rule by 
September 4, 2009, then the NRC will publish a document that withdraws 
the direct final rule. If the direct final rule is withdrawn, the NRC 
will address the comments received in response to proposed revisions in 
a subsequent final rule. Absent significant modifications to the 
proposed revisions requiring publication, the NRC will not initiate a 
second comment period for this action in the event the direct final 
rule is withdrawn.

Lists 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 proposes to adopt 
the following amendments to 10 CFR Part 50.


    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); Energy 
Policy Act of 2005, Public Law 109-58, 119 Stat. 194 (2005).
    Section 50.7 also issued under Public Law 95-601, sec. 10, 92 
Stat. 2951 as amended by Public Law 102-486, Sec. 2902, 106 Stat. 
3123 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, 
Public Law 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, Public Law 
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,

[[Page 38988]]

and 50.92 also issued under Public Law 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. In Sec.  50.55a, paragraph (g)(6)(ii)(D)(4)(ii) is revised to 
read as follows:

Sec.  50.55a  Codes and Standards

* * * * *
    (g) * * *
    (6) * * *
    (ii) * * *
    (D) * * *
    (4) * * *
    (ii) The specimen set must have a minimum of ten (10) flaws which 
provide an acoustic response similar to PWSCC indications. All flaws 
must be greater than 10 percent of the nominal pipe wall thickness. A 
minimum of 20 percent of the total flaws must initiate from the inside 
surface and 20 percent from the outside surface. At least 20 percent of 
the flaws must be in the depth ranges of 10-30 percent through wall 
thickness and at least 20 percent within depth range of 31-50 percent 
through wall thickness. At least 20 percent and no more that 60 percent 
of the flaws must be oriented axially.
* * * * *

    Dated at Rockville, Maryland, this 24th day of July 2009.

    For the Nuclear Regulatory Commission,
Bruce S. Mallett,
Acting Executive Director for Operations.
[FR Doc. E9-18549 Filed 8-4-09; 8:45 am]