[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73461-73462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29037]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / 
Rules and Regulations  

[[Page 73461]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2009-0359]
RIN 3150-AI72


Approval of American Society of Mechanical Engineers' Code Cases; 
Technical Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to make technical corrections, including adding three 
inadvertently omitted addenda to Section XI, ``Rules for Inservice 
Inspection of Nuclear Reactor Coolant Systems,'' of the American 
Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel 
(B&PV) Code to the list of documents approved for incorporation by 
reference; and correcting a footnote number. This final rule is 
necessary to inform the public of these non-substantive changes to the 
NRC's regulations.

DATES: This rule is effective December 11, 2014. The incorporation by 
reference of the publications listed in this rule was previously 
approved by the Director of the Federal Register.

ADDRESSES: Please refer to Docket ID NRC-2009-0359 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0359. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-287-0949, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is amending its regulations in Sec.  50.55a of Title 10 of 
the Code of Federal Regulations (10 CFR) to make technical corrections. 
These changes include adding three inadvertently omitted addenda to 
Section XI of the ASME B&PV Code to the list of documents approved for 
incorporation by reference, and correcting a footnote number.
    This final rule is necessary to inform the public of these non-
substantive changes to the NRC's regulations.

II. Summary of Changes

10 CFR Part 50

    Insert Missing Addenda. In Sec.  50.55a(a)(1)(ii)(B), three addenda 
to Section XI of the ASME B&PV Code that were previously approved for 
incorporation by reference were inadvertently omitted in the proposed 
rule and final rule published on November 5, 2014 (79 FR 65776). 
Historically, the NRC's regulations did not list all the documents 
approved for incorporation by reference but the November 5, 2014, final 
rule added all the documents to bring the NRC's requirements into 
compliance with the Office of the Federal Register's (OFR) revised 
guidelines for incorporating by reference consensus standards. The 
three missing addenda, ``1975 Winter Addenda,'' ``1976 Summer 
Addenda,'' and ``1976 Winter Addenda,'' are added to Sec.  
50.55a(a)(1)(ii)(B).
    Correct Footnote Number. In Sec.  50.55a(e)(1), footnote ``9'' is 
renumbered as footnote ``7.''

III. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C 553(b)), an agency 
may waive the normal notice and comments requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC 
finds good cause to waive notice and opportunity for comment on the 
amendments, because notice and opportunity for comment are unnecessary. 
The NRC also finds good cause to make this final rule immediately 
effective because these amendments do not require action by any person 
or entity regulated by the NRC. The amendments identify three addenda 
to Section XI of the ASME B&PV Code which the Office of the Federal 
Register (OFR) has previously approved for incorporation by reference. 
In the November 5, 2014, final rule, the NRC inadvertently omitted 
these three addenda in its list of ASME Code Editions and Addenda 
approved by the OFR for incorporation by reference. The amendments also 
correct a footnote number. The final rule does not change the 
substantive responsibilities of any person or entity regulated by the 
NRC, and are of a minor and administrative nature which corrects an NRC 
oversight in the November 5, 2014 final rule.

IV. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2), which excludes 
from a major action rules that are corrective, minor, or nonpolicy in 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

V. Paperwork Reduction Act Statement

    This final rule does not contain information collection 
requirements and, therefore, is not subject to the

[[Page 73462]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 
requirement unless the requesting document displays a currently valid 
Office of Management and Budget (OMB) control number.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VII. Backfitting and Issue Finality

    The NRC has determined that the amendments in this final rule do 
not constitute backfitting and are not inconsistent with any of the 
issue finality provisions in 10 CFR part 52. The amendments are non-
substantive in nature, and include adding three inadvertently omitted 
addenda to Section XI of the ASME B&PV Code to the list of documents 
approved for incorporation by reference and correcting a footnote 
number. They impose no new requirements and make no substantive changes 
to the regulations. The amendments do not involve any provisions that 
would impose backfits as defined in 10 CFR part 50, or would be 
inconsistent with the issue finality provisions in 10 CFR part 52. For 
these reasons, the issuance of the rule in final form would not 
constitute backfitting or represent an inconsistency with any of the 
issue finality provisions in 10 CFR part 52. Therefore, the NRC has not 
prepared any additional documentation for this final rule addressing 
backfitting or issue finality.

VIII. Congressional Review Act

    In accordance with the Congressional Review Act of 1996 (5 U.S.C. 
801-808), the NRC has determined that this action is not a major rule 
and has verified this determination with the Office of Information and 
Regulatory Affairs, 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.

    For the reasons set out 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:  Atomic Energy Act secs. 102, 103, 104, 105, 147, 
149, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 
2134, 2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 
2282); Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C. 
5841, 5842, 5846); Nuclear Waste Policy Act sec. 306 (42 U.S.C. 
10226); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 
3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 194 
(2005). Section 50.7 also issued under Pub. L. 95-601, sec. 10, as 
amended by Pub. L. 102-486, sec. 2902 (42 U.S.C. 5851). Section 
50.10 also issued under Atomic Energy Act secs. 101, 185 (42 U.S.C. 
2131, 2235); National Environmental Protection Act sec. 102 (42 
U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under 
Atomic Energy Act sec. 108 (42 U.S.C. 2138). Sections 50.23, 50.35, 
50.55, and 50.56 also issued under Atomic Energy Act sec. 185 (42 
U.S.C. 2235). Appendix Q also issued under National Environmental 
Protection Act sec. 102 (42 U.S.C. 4332). Sections 50.34 and 50.54 
also issued under sec. 204 (42 U.S.C. 5844). Sections 50.58, 50.91, 
and 50.92 also issued under Pub. L. 97-415 (42 U.S.C. 2239). Section 
50.78 also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152). 
Sections 50.80-50.81 also issued under Atomic Energy Act sec. 184 
(42 U.S.C. 2234).


0
2. In Sec.  50.55a, add paragraphs (a)(1)(ii)(B)(5) through (7) to read 
as follows:


Sec.  50.55a  Codes and standards.

    (a) * * *
    (1) * * *
    (ii) * * *
    (B) * * *
    (5) 1975 Winter Addenda,
    (6) 1976 Summer Addenda, and
    (7) 1976 Winter Addenda.
* * * * *

Sec.  50.55a  [Amended]

0
3. In Sec.  50.55a, paragraph (e)(1), in the second sentence, remove 
footnote ``9'' and add, in its place, footnote ``7''.

    Dated at Rockville, Maryland, this 8th day of December 2014.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
 Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2014-29037 Filed 12-10-14; 8:45 am]
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