[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Rules and Regulations]
[Pages 59947-59957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27190]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / 
Rules and Regulations  

[[Page 59947]]



DEPARTMENT OF ENERGY

10 CFR Part 851

[AU-RM-16-WSHP]
RIN 1992-AA55


Worker Safety and Health Program

AGENCY: Office of Environment, Health, Safety and Security, U.S. 
Department of Energy.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Department of Energy (DOE) is amending the worker safety 
and health program regulations to update the safety and health 
standards and delete the obsolete directives currently incorporated by 
reference in the code of federal regulations. The regulatory amendments 
do not alter substantive rights or obligations under current law.

DATES: This rulemaking is effective January 17, 2018. The incorporation 
by reference of certain publications listed in this rulemaking is 
approved by the Director of the Federal Register on January 17, 2018. 
Compliance is required starting January 17, 2019.

FOR FURTHER INFORMATION CONTACT: Bill McArthur, U.S. Department of 
Energy, Office of Environment, Health, Safety and Security, AU-11, 1000 
Independence Avenue SW, Washington, DC 20585. Telephone: (301) 903-
6061. Email: [email protected].
    Daniel Cohen, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585. 
Telephone: (202) 586-9523. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
into part 851 complete and specific sections of the following industry 
safety and health standards:
    1. American Conference of Governmental Industrial Hygienists 
(ACGIH[supreg]), Threshold Limit Values for Chemical Substances and 
Physical Agents and Biological Exposure Indices, (2016).
    A copy of the ACGIH[supreg] Threshold Limit Values for Chemical 
Substances and Physical Agents and Biological Exposure Indices, (2016) 
can be obtained from: ACGIH[supreg], 1330 Kemper Meadow Drive, 
Cincinnati, OH 45240. Telephone number 513-742-2020, or go to: http://www.acgih.org.
    2. ANSI Z49.1-2012, American National Standard Safety in Welding, 
Cutting and Allied Processes, sections 4.3 and E4.3, ANSI approved 
March 9, 2012.
    3. ANSI/ASSE Z88.2-2015, American National Standard Practices for 
Respiratory Protection, ANSI approved March 4, 2015.
    4. ANSI Z136.1-2014, American National Standard for Safe Use of 
Lasers, ANSI approved December 10, 2013.
    Copies of ANSI Z49.1-2012, Z88.2-2015, and ANSI Z136.1-2014 can be 
obtained from the American National Standards Institute Headquarters, 
1899 L Street NW, 11th Floor, Washington, DC 20036. Telephone number: 
202-293-8020, or go to: http://www.ansi.org.
    5. The American Society of Mechanical Engineers (ASME) Boiler and 
Pressure Vessel Code (BPVC)-2015, 2015 edition, issued July 1, 2015.
    (a) ASME BPVC.I-2015, Section I--Rules for Construction of Power 
Boilers;
    (b) ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (Beginning to SA-450);
    (c) ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (SA-451 to End);
    (d) ASME BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous 
Material Specifications;
    (e) ASME BPVC.II.C-2015, Section II--Materials, Part C--
Specification for Welding Rods, Electrodes, and Filler Metals;
    (f) ASME BPVC.II.D.C-2015, Section II--Materials, Part D--
Properties (Customary);
    (g) ASME BPVC.II.D.M-2015, Section II--Materials, Part D--
Properties (Metric);
    (h) ASME BPVC.III.A-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Appendices;
    (i) ASME BPVC.III.1.NB-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NB, Class 1 
Components;
    (j) ASME BPVC.III.1.NC-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NC, Class 2 
Components;
    (k) ASME BPVC.III.1.ND-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection ND, Class 3 
Components;
    (l) ASME BPVC.III.1.NE-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NE, Class MC 
Components;
    (m) ASME BPVC.III.1.NF-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NF, Supports;
    (n) ASME BPVC.III.1.NG-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NG, Core Support 
Structures;
    (o) ASME BPVC.III.1.NH-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NH, Class 1 
Components in Elevated Temperature Service;
    (p) ASME BPVC.III.NCA-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Subsection NCA, General Requirements for 
Division 1 and Division 2;
    (q) ASME BPVC.III.2-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 2, Code for Concrete 
Containments;
    (r) ASME BPVC.III.3-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 3, Containment for Transportation 
and Storage of Spent Nuclear Fuels and High Level Radioactive Material 
and Waste;
    (s) ASME BPVC.III.5-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 5, High Temperature Reactors;
    (t) ASME BPVC.IV-2015, Section IV, Rules for Construction of 
Heating Boilers;
    (u) ASME BPVC.V-2015, Section V, Nondestructive Examination;
    (v) ASME BPVC.VI-2015, Section VI, Recommended Rules for the Care 
and Operation of Heating Boilers;
    (w) ASME BPVC.VII-2015, Section VII, Recommended Guidelines for the 
Care of Power Boilers;
    (x) ASME BPVC.VIII.1-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 1;

[[Page 59948]]

    (y) ASME BPVC.VIII.2-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 2, Alternative Rules;
    (z) ASME BPVC.VIII.3-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 3, Alternative Rules for Construction of 
High Pressure Vessels;
    (aa) ASME BPVC.IX-2015, Section IX--Welding, Brazing and Fusing 
Qualifications, Qualification Standard for Welding, Brazing, and Fusing 
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing 
Operators;
    (bb) ASME BPVC.X-2015, Section X, Fiber-Reinforced Plastic Pressure 
Vessels;
    (cc) ASME BPVC.XI-2015, Section XI, Rules for Inservice Inspection 
of Nuclear Power Plant Components;
    (dd) ASME BPVC.XII-2015, Section XII, Rules for Construction and 
Continued Service of Transport Tanks;
    (ee) ASME BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure 
Vessels; and
    (ff) ASME BPVC.CC.NC-2015, Code Cases, Nuclear Components.
    6. ASME B31.1-2016, Power Piping, ASME Code for Pressure Piping, 
B31, issued June 30, 2016.
    7. ASME B31.3-2014, Process Piping, ASME Code for Pressure Piping, 
B31, issued February 27, 2015.
    8. ASME B31.4-2016, Pipeline Transportation Systems for Liquids and 
Slurries, ASME Code for Pressure Piping, B31, issued March 31, 2016.
    9. ASME B31.5-2016, Refrigeration Piping and Heat Transfer 
Components, ASME Code for Pressure Piping, B31, issued June 29, 2016.
    10. ASME B31.8-2016, Gas Transmission and Distribution Piping 
Systems, ASME Code for Pressure Piping, B31, issued September 30, 2014.
    11. ASME B31.8S-2014, Managing System Integrity of Gas Pipelines, 
ASME Code for Pressure Piping, B31, Supplement to ASME B31.8, issued 
September 30, 2014.
    12. ASME B31.9-2014, Building Services Piping, ASME Code for 
Pressure Piping, B31, issued April 28, 2014.
    13. ASME B31G-2012, Manual for Determining the Remaining Strength 
of Corroded Pipelines, Supplement to ASME B31 Code for Pressure Piping, 
issued October 24, 2012.
    Copies of ASME BPVC-2015, BPVC.I-2015, BPVC.II.A-2015, BPVC.II.A-
2015, BPVC.II.B-2015, BPVC.II.C-2015, BPVC.II.D.C-2015, BPVC.II.D.M-
2015, BPVC.III.A-2015, BPVC.III.1.NB-2015, BPVC.III.1.NC-2015, 
BPVC.III.1.ND-2015, BPVC.III.1.NE-2015, BPVC.III.1.NF-2015, 
BPVC.III.1.NG-2015, BPVC.III.1.NH-2015, BPVC.III.NCA-2015, BPVC.III.2-
2015, BPVC.III.3-2015, BPVC.III.5-2015, BPVC.IV-2015, BPVC.V-2015, 
BPVC.VI-2015, BPVC.VII-2015, BPVC.VIII.1-2015, BPVC.VIII.2-2015, 
BPVC.VIII.3-2015, BPVC.IX-2015, BPVC.X-2015, BPVC.XI-2015, BPVC.XII-
2015, BPVC.CC.BPV-2015, BPVC.CC.NC-2015, B31.1-2016, B31.3-2016, B31.4-
2016, B31.5-2016, B31.8-2016, B31.8S-2014, B31.9-2014 and B31G-2012 can 
be obtained from: American Society of Mechanical Engineers (ASME), P.O. 
Box 2300 Fairfield, NJ 07007. Telephone: 800-843-2763, or got to: 
http://www.asme.org.
    14. National Fire Protection Association (NFPA) 70, National 
Electric Code, (2017), issued August 4, 2016.
    15. NFPA 70E, Standard for Electrical Safety in the Workplace, 
(2015 edition), July 14, 2014.
    Copies of NFPA 70 (2017) and 70E (2015) can be obtained from: 
National Fire Protection Association, One Batterymarch Park, Quincy, MA 
02169. Telephone: 617 770-3000, or go to: http://www.nfpa.org.
    For a further discussion of these standards, see section II.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Description of Materials Incorporated by Reference
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 12988
    F. Review Under Executive Order 13132
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under Executive Order 13211
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Administrative Procedures Act
    L. Congressional Notification
IV. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    DOE has broad authority to regulate worker safety and health with 
respect to its nuclear and nonnuclear functions pursuant to the Atomic 
Energy Act of 1954 (AEA), 42 U.S.C. 2011 et seq.; the Energy 
Reorganization Act of 1974 (ERA), 42 U.S.C. 5801-5911; and the 
Department of Energy Organization Act (DOEOA), 42 U.S.C. 7101-7352. 
Specifically, the AEA authorized and directed the Atomic Energy 
Commission (AEC) to protect health and promote safety during the 
performance of activities under the AEA. See Sec. 31a.(5) of AEA, 42 
U.S.C. 2051(a)(5); Sec. 161b. of AEA, 42 U.S.C 2201(b); Sec. 161i.(3) 
of AEA, 42 U.S.C. 2201(i)(3); and Sec. 161p. of AEA, 42 U.S.C. 2201(p). 
The ERA abolished the AEC and replaced it with the Nuclear Regulatory 
Commission (NRC), which became responsible for the licensing of 
commercial nuclear activities, and the Energy Research and Development 
Administration (ERDA), which became responsible for the other functions 
of the AEC under the AEA, as well as several nonnuclear functions. The 
ERA authorized ERDA to use the regulatory authority under the AEA to 
carry out its nuclear and nonnuclear function, including those 
functions that might become vested in ERDA in the future. See Sec. 
105(a) of ERA, 42 U.S.C. 5815(a); and Sec. 107 of ERA, 42 U.S.C. 5817. 
The DOEOA transferred the functions and authorities of ERDA to DOE. See 
Sec. 301(a) of DOEOA, 42 U.S.C. 7151(a); Sec. 641 of DOEOA, 42 U.S.C. 
7251; and Sec. 644 of DOEOA, 42 U.S.C. 7254.

B. Background

    On February 9, 2006 (71 FR 6858), when DOE promulgated 10 CFR part 
851, Worker Safety and Health Program, it adopted several industry 
standards to establish the baseline technical safety and health 
requirements for DOE workplace operations. These standards were already 
required by DOE Order 440.1A, Worker Protection Management for DOE 
Federal and Contractor Employees, which established a comprehensive 
worker protection program that provided the basic framework necessary 
for contractors to ensure the safety and health of their workforce.
    In this final rule, DOE replaces the existing references to 
industry safety and health standards with direct references to the 
latest versions of the appropriate standards. Directly referencing the 
latest industry standards will allow DOE to adopt current best 
practices and procedures in safety and health.

II. Description of Materials Incorporated by Reference

    DOE incorporates by reference the threshold limit values 
(TLVs[supreg]) for chemical substances and physical agents and 
biological exposure indices (BEIs[supreg]) published by the American 
Conference of Governmental Industrial Hygienists (ACGIH[supreg]) titled 
``Threshold Limit Values for Chemical Substances and Physical Agents 
and Biological

[[Page 59949]]

Exposure Indices,'' (2016). The TLVs[supreg] and BEIs[supreg] are 
industry accepted values that are intended for use by industrial 
hygienists in making decisions regarding safe levels of exposure to 
various chemical and physical agents found in the workplace. Each year 
ACGIH[supreg] publishes its TLVs[supreg] and BEIs[supreg]. Copies of 
the ACGIH[supreg] TLVs[supreg] and BEIs[supreg] are readily available 
on ACGIH[supreg]'s website at: http://www.acgih.org.
    DOE incorporates by reference the following industry standards 
published by the American National Standards Institute (ANSI):
    ANSI Z49.1-2012, Safety in Welding, Cutting and Allied Processes, 
sections 4.3 and E4.3. ANSI Z49.1-2012 provides guidance for the 
protection of persons from injury and illness and the protection of 
property (including equipment) from damage by fire and explosions 
arising from welding, cutting, and allied processes. Copies of ANSI 
Z49.1-2012 is readily available on ANSI's website at: http://www.ansi.org.
    ANSI Z88.2-2015, American National Standard Practices for 
Respiratory Protection. ANSI Z88.2-2015 is an industry accepted 
standard that sets forth minimally accepted practices for occupational 
respirator use; provides information and guidance on the proper 
selection, use and maintenance of respirators and contains requirements 
for establishing, implementing and evaluating respirator programs. 
Copies of ANSI Z88.2-2015 is readily available on ANSI's website at: 
http://www.ansi.org.
    ANSI Z136.1-2014, Safe Use of Lasers. ANSI Z136.1-2014 is an 
industry accepted standard that provides guidance for the safe use of 
lasers and laser systems by defining control measures for each of seven 
laser hazard classifications. Copies of ANSI Z136.1-2014 is readily 
available on ANSI's website at: http://www.ansi.org.
    DOE also incorporates by reference the following specific industry 
standards for pressure piping codes published by the American Society 
for Mechanical Engineers (ASME):
    ASME Boiler and Pressure Vessel Code (BPVC)-2015. ASME's BPVC 
standard establishes rules of safety relating only to pressure 
integrity--governing the design, fabrication, and inspection of boilers 
and pressure vessels, and nuclear power plant components during 
construction. The objective of the rules is to provide a margin for 
deterioration in service. The Code Cases clarify the existing 
requirements or provide, when the need is urgent, rules for materials 
or constructions not covered by existing BPVC rules.
    ASME BPVC.I-2015, Section I--Rules for Construction of Power 
Boilers. This section provides requirements for all methods of 
construction of power, electric, and miniature boilers; high 
temperature water boilers, heat recovery steam generators, and certain 
fired pressure vessels to be used in stationary service; and power 
boilers used in locomotive, portable, and traction service. Rules 
pertaining to use of the V, A, M, PP, S and E ASME Product 
Certification Marks are also included. The rules are applicable to 
boilers in which steam or other vapor is generated at a pressures 
exceeding 15 psig, and high temperature water boilers intended for 
operation at pressures exceeding 160 psig and/or temperatures exceeding 
250 degree F. Super heaters, economizers, and other pressure parts 
connected directly to the boiler without intervening valves are 
considered as part of the scope of Section I.
    ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (Beginning to SA-450). This section is a 
``Service Section'' to the other BPVC Sections, providing material 
specifications for ferrous materials adequate for safety in the field 
of pressure equipment. These specifications contain requirements for 
chemical and mechanical properties, heat treatment, manufacture, heat 
and product analyses, and methods of testing. They are designated by SA 
numbers and are identical with or similar to those of specifications 
published by American Society for Testing and Materials (ASTM) and 
other recognized national or international organizations.
    ASME BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (SA-451 to End). This section is a ``Service 
Section'' to the other BPVC Sections, providing material specifications 
for ferrous materials adequate for safety in the field of pressure 
equipment. These specifications contain requirements for chemical and 
mechanical properties, heat treatment, manufacture, heat and product 
analyses, and methods of testing. They are designated by SA numbers and 
are identical with or similar to those of specifications published by 
ASTM and other recognized national or international organizations.
    ASME BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous 
Material Specifications. This section is a ``Service Section'' to the 
other BPVC Sections, providing material specifications for ferrous 
materials adequate for safety in the field of pressure equipment. These 
specifications contain requirements for chemical and mechanical 
properties, heat treatment, manufacture, heat and product analyses, and 
methods of testing. They are designated by SB numbers and are identical 
with or similar to those of specifications published by ASTM and other 
recognized national or international organizations.
    ASME BPVC.II.C-2015, Section II--Materials, Part C--Specification 
for Welding Rods, Electrodes, and Filler Metals. This section is a 
``Service Section'' to the other BPVC Sections providing material 
specifications for the manufacture, acceptability, chemical 
composition, mechanical usability, surfacing, testing requirements and 
procedures, operating characteristics, and intended uses for welding 
rods, electrodes and filler metals. These specifications are designated 
by SFA numbers and are derived from AWS specifications.
    ASME BPVC.II.D.C-2015, Section II--Materials, Part D--Properties 
(Customary). This section is a ``Service Section'' for reference by the 
BPVC construction Sections providing tables of material properties 
including allowable, design, tensile and yield stress values, physical 
properties and external pressure charts and tables. Part D facilitates 
ready identification of materials to specific Sections of the BPVC. 
Part D contains appendices which contain criteria for establishing 
allowable stress, the bases for establishing external pressure charts, 
and information required for approval of new materials.
    ASME BPVC.II.D.M-2015, Section II--Materials, Part --Properties 
(Metric). This section is a ``Service Section'' for reference by the 
BPVC construction Sections providing tables of material properties 
including allowable, design, tensile and yield stress values, physical 
properties and external pressure charts and tables. Part D facilitates 
ready identification of materials to specific Sections of the Boiler 
and Pressure Vessel Code. Part D contains appendices which contain 
criteria for establishing allowable stress, the bases for establishing 
external pressure charts, and information required for approval of new 
materials.
    ASME BPVC.III.A-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Appendices. This section contains 
appendices, both mandatory and nonmandatory for Section III, Division 1 
(Subsection NCA through NG) and Division 2, including a listing of 
design and design analysis methods and information, and Data Report 
Forms. These appendices are

[[Page 59950]]

referenced by and are an integral part of Subsection NCA through NG and 
Division 2.
    ASME BPVC.III.1.NB-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NB, Class 1 
Components. This subsection contains requirements for the material, 
design, fabrication, examination, testing and overpressure protection 
of items which are intended to conform to the requirements for Class 1 
construction. The rules of Subsection NB cover the requirements for 
assuring the structural integrity of items.
    ASME BPVC.III.1.NC-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NC, Class 2 
Component. This subsection contains requirements for the material, 
design, fabrication, examination, testing and overpressure protection 
of items which are intended to conform to the requirements for Class 2 
construction. The rules of Subsection NC cover the requirements for 
assuring the structural integrity of items.
    ASME BPVC.III.1.ND-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection ND, Class 3 
Components. This subsection contains requirements for the material, 
design, fabrication, examination, testing and overpressure protection 
of items which are intended to conform to the requirements for Class 3 
construction. The rules of Subsection ND cover the requirements for 
assuring the structural integrity of items.
    ASME BPVC.III.1.NE-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NE, Class MC 
Components. This subsection contains requirements for the material, 
design, fabrication, examination, testing and overpressure protection 
of items which are intended to conform to the requirements for Class MC 
construction. The rules of Subsection NE cover the requirements for 
assuring the structural integrity of items.
    ASME BPVC.III.1.NF-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NF, Supports. This 
subsection contains requirements for the material, design, fabrication, 
and examination of supports which are intended to conform to the 
requirements for Classes 1, 2, 3, and MC construction. Nuclear power 
plant supports for which rules are specified in this Subsection are 
those metal supports which are designed to transmit loads from the 
pressure retaining barrier of the component or piping to the load 
carrying building structure. In some cases there may be intervening 
elements in the component support load path which are not constructed 
to the rules of this Section, such as diesel engines, electric motors, 
valve operators, coolers, and access structures.
    ASME BPVC.III.1.NG-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NG, Core Support 
Structures. This subsection contains requirements for the material, 
design, fabrication, and examination required in the manufacture and 
installation of core support structures. Core support structures are 
those structures or parts of structures which are designed to provide 
direct support or restraint of the core (fuel & blanket assemblies) 
within the reactor pressure vessel.
    ASME BPVC.III.1.NH-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NH, Class 1 
Components in Elevated Temperature Service. This subsection contains 
requirements for the material, design, fabrication, and examination 
required in the manufacture and installation of core support 
structures. Core support structures are those structures or parts of 
structures which are designed to provide direct support or restraint of 
the core (fuel & blanket assemblies) within the reactor pressure 
vessel.
    ASME BPVC.III.NCA-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Subsection NCA, General Requirements for 
Division 1 and Division 2. This subsection contains general 
requirements for manufacturers, fabricators, installers, designers, 
material manufacturers, material suppliers, and owners of nuclear power 
plants. This Subsection which is referenced by and is an integral part 
of Division 1, Subsections NB through NG, and Division 2 of Section 
III, covers quality assurance requirements, ASME Product Certification 
Marks, and authorized inspection for Class 1, 2, 3, MC, CS, and CC 
construction. Selective reference of ASME Standard NQA-1, Quality 
Assurance Program Requirements for Nuclear Facilities, is made in this 
Subsection.
    ASME BPVC.III.2-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 2, Code for Concrete 
Containments. This division contains requirements for the material, 
design, construction, fabrication, testing, examination, and 
overpressure protection of concrete containment structures, pre-
stressed or reinforced. These requirements are applicable only to those 
components that are designed to provide a pressure retaining or 
containing barrier. They are not applicable to other support 
structures, except as they directly affect the components of the 
systems. This Section contains appendices, both mandatory and 
nonmandatory, for Division 2 construction.
    ASME BPVC.III.3-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 3, Containment for Transportation 
and Storage of Spent Nuclear Fuels and High Level Radioactive Material 
and Waste. This division contains requirements for the design and 
construction of the containment system of a nuclear spent fuel or high 
level radioactive waste transport packaging.
    ASME BPVC.III.5-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 5, High Temperature Reactors. 
This division provides construction rules for high-temperature 
reactors, including both high-temperature, gas-cooled reactors (HTGRs) 
and liquid-metal reactors (LMRs). These rules are for components 
exceeding the temperature in Division 1 and are meant for components 
experiencing temperatures that are equal, to or higher than, 700[deg] F 
(370[deg] C) for ferritic materials or 800[deg] F (425[deg] C) for 
austenitic stainless steels or high nickel alloys. Division 5 also 
contains the new rules pertaining to graphite core components. These 
new rules include general requirements, plus design and construction 
rules, for graphite. Irradiation effects on graphite are addressed, as 
are the features of probabilistic design reflected in the determination 
of graphite material strength properties.
    ASME BPVC.IV-2015, Section IV, Rules for Construction of Heating 
Boilers. This section provides requirements for design, fabrication, 
installation and inspection of steam heating, hot water heating, hot 
water supply boilers, and potable water heaters intended for low 
pressure service that are directly fired by oil, gas, electricity, coal 
or other solid or liquid fuels. It contains appendices which cover 
approval of new material, methods of checking safety valve and safety 
relief valve capacity, examples of methods of checking safety valve and 
safety relief valve capacity, examples of methods of calculation and 
computation, definitions relating to boiler design and welding, and 
quality control systems. Rules pertaining to use of the H, HV, and HLW 
ASME Product Certification Marks are also included.
    ASME BPVC.V-2015, Section V, Nondestructive Examination. This 
section contains requirements and methods for nondestructive 
examination which are referenced and required by other BPVC Sections. 
It also includes

[[Page 59951]]

manufacturer's examination responsibilities, duties of authorized 
inspectors and requirements for qualification of personnel, inspection 
and examination. Examination methods are intended to detect surface and 
internal discontinuities in materials, welds, and fabricated parts and 
components. A glossary of related terms is included.
    ASME BPVC.VI-2015, Section VI, Recommended Rules for the Care and 
Operation of Heating Boilers. This section covers general descriptions, 
terminology and operation guidelines applicable to steel and cast iron 
boilers limited to the operating ranges of Section IV Heating Boilers. 
It includes guidelines for associated controls and automatic fuel 
burning equipment. Illustrations show typical examples of available 
equipment. Also included is a glossary of terms commonly associated 
with boilers, controls, and fuel burning equipment.
    ASME BPVC.VII-2015, Section VII, Recommended Guidelines for the 
Care of Power Boilers. The purpose of these recommend guidelines is to 
promote safety in the use of power boilers. The term ``power boiler'' 
in this section includes stationary, portable, and traction type 
boilers, but does not include locomotive and high temperature water 
boilers, nuclear power plant boilers, heating boilers, pressure 
vessels, or marine boilers. This section provides such guidelines to 
assist those directly responsible for operating, maintaining, and 
inspecting power boilers. Emphasis has been placed on industrial type 
boilers because of their extensive use. Guidelines are also provided 
for operation of auxiliary equipment and appliances that affect the 
safe and reliable operation of power boilers.
    ASME BPVC.VIII.1-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 1. This division provides requirements 
applicable to the design, fabrication, inspection, testing, and 
certification of pressure vessels operating at either internal or 
external pressures exceeding 15 psig. Such pressure vessels may be 
fired or unfired. Specific requirements apply to several classes of 
material used in pressure vessel construction, and also to fabrication 
methods such as welding, forging and brazing. It contains mandatory and 
nonmandatory appendices detailing supplementary design criteria, 
nondestructive examination and inspection acceptance standards. Rules 
pertaining to the use of the U, UM and UV ASME Product Certification 
Marks are also included.
    ASME BPVC.VIII.2-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 2, Alternative Rules. This division provides 
requirements applicable to the design, fabrication, inspection, 
testing, and certification of pressure vessels operating at either 
internal or external pressures exceeding 15 psig. Such vessels may be 
fired or unfired. This pressure may be obtained from an external source 
or by the application of heat from a direct or indirect source, or any 
combination thereof. These rules provide an alternative to the minimum 
requirements for pressure vessels under Division 1 rules. In comparison 
the Division 1, Division 2 requirements on materials, design, and 
nondestructive examination are more rigorous; however, higher design 
stress intensify values are permitted. Division 2 rules cover only 
vessels to be installed in a fixed location for a specific service 
where operation and maintenance control is retained during the useful 
life of the vessel by the user who prepares or causes to be prepared 
the design specifications. These rules may also apply to human 
occupancy pressure vessels typically in the diving industry. Rules 
pertaining to the use of the U2 and UV ASME Product Certification Marks 
are also included.
    ASME BPVC.VIII.3-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 3, Alternative Rules for Construction of 
High Pressure Vessels. This division provides requirements applicable 
to the design, fabrication, inspection, testing, and certification of 
pressure vessels operating at either internal or external pressures 
generally above 10,000 psi. Such vessels may be fired or unfired. This 
pressure may be obtained from an external source, a process reaction, 
by the application of heat from a direct or indirect source, or any 
combination thereof. Division 3 rules cover vessels intended for a 
specific service and installed in a fixed location or relocated from 
work site to work site between pressurizations. The operation and 
maintenance control is retained during the useful life of the vessel by 
the user who prepares or causes to be prepared the design 
specifications. Division 3 does not establish maximum pressure limits 
for either Section VIII, Divisions 1 or 2, nor minimum pressure limits 
for this Division. Rules pertaining to the use of the UV3 ASME Product 
Certification Marks are also included.
    ASME BPVC.IX-2015, Section IX--Welding, Brazing and Fusing 
Qualifications, Qualification Standard for Welding, Brazing, and Fusing 
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing 
Operators. This section contains rules relating to the qualification of 
welding, brazing, and fusing procedures as required by other BPVC 
Sections for component manufacture. It also covers rules relating to 
the qualification and requalification of welders, brazers, and welding, 
brazing and fusing machine operators in order that they may perform 
welding, brazing, or plastic fusing as required by other BPVC Sections 
in the manufacture of components. Welding, brazing, and fusing data 
cover essential and nonessential variables specific to the joining 
process used.
    ASME BPVC.X-2015, Section X, Fiber-Reinforced Plastic Pressure 
Vessels. This section provides requirements for construction of an FRP 
pressure vessel in conformance with a manufacturer's design report. It 
includes production, processing, fabrication, inspection and testing 
methods required for the vessel. Section X includes three Classes of 
vessel design; Class I and Class III--qualification through the 
destructive test of a prototype and Class II--mandatory design rules 
and acceptance testing by nondestructive methods. These vessels are not 
permitted to store, handle or process lethal fluids. Vessel fabrication 
is limited to the following processes: bag-molding, centrifugal casting 
and filament-winding and contact molding. General specifications for 
the glass and resin materials and minimum physical properties for the 
composite materials are given.
    ASME BPVC.XI-2015, Section XI, Rules for Inservice Inspection of 
Nuclear Power Plant Components. This section contains Division 1 and 3, 
in one volume and provides rules for the examination, inservice testing 
and inspection, and repair and replacement of components and systems in 
light water cooled and liquid metal cooled nuclear power plants. The 
Division 2 rules for inspection and testing of components of gas cooled 
nuclear power plants have been deleted in the 1995 Edition. With the 
decommissioning of the only gas cooled reactor to which these rules 
apply, there is no apparent need to continue publication of Division 2. 
Application of this section of the code begins when the requirements of 
the Construction Code have been satisfied. The rules of this section 
constitute requirements to maintain the nuclear power plant while in 
operation and to return the plant to service, following plant outages, 
and repair or replacement activities. The rules require a mandatory 
program of scheduled examinations, testing, and inspections to evidence 
adequate safety.

[[Page 59952]]

The method of nondestructive examination to be used and flaw size 
characterization are also contained within this section
    ASME BPVC.XII-2015, Section XII, Rules for Construction and 
Continued Service of Transport Tanks. This section covers requirements 
for construction and continued service of pressure vessels for the 
transportation of dangerous goods via highway, rail, air or water at 
pressures from full vacuum to 3,000 psig and volumes greater than 120 
gallons. ``Construction'' is an all-inclusive term comprising 
materials, design, fabrication, examination, inspection, testing, 
certification, and over-pressure protection. ``Continued service'' is 
an all-inclusive term referring to inspection, testing, repair, 
alteration, and recertification of a transport tank that has been in 
service. This section contains modal appendices containing requirements 
for vessels used in specific transport modes and service applications. 
Rules pertaining to the use of the T ASME Product Certification Marks 
are included.
    ASME BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure Vessels. 
This section provides the approved actions by the BPVC Committee on 
alternatives intended to allow early and urgent implementation of any 
revised requirements for boilers and pressure vessels.
    ASME BPVC.CC.NC-2015, Code Cases, Nuclear Components. This section 
provides the approved actions by the BPVC Committee on alternatives 
intended to allow early and urgent implementation of any revised 
requirements for nuclear components.
    Copies of the complete set of BPVC-2015 is readily available on 
ASME's website at: http://www.asme.org.
    B31.1-2016, Power Piping. B31.1-2016 prescribes minimum 
requirements for the design, materials, fabrication, erection, test, 
inspection, operation, and maintenance of piping systems typically 
found in electric power generating stations, industrial and 
institutional plants, geothermal heating systems, and central and 
district heating and cooling systems. It also covers boiler-external 
piping for power boilers and high temperature, high pressure water 
boilers in which steam or vapor is generated at a pressure of more than 
15 psig; and high temperature water is generated at pressures exceeding 
160 psig and/or temperatures exceeding 250 degrees Fahrenheit. Copies 
of B31.1-2016 is readily available on ASME's website at: http://www.asme.org.
    B31.3-2014, Process Piping. B31.3-2014 contains requirements for 
piping typically found in petroleum refineries, chemical, 
pharmaceutical, textile, paper, semiconductor, and cryogenic plants; 
and related processing plants and terminals. It covers materials and 
components, design, fabrication, assembly, erection, examination, 
inspection, and testing of piping. Copies of B31.3-2016 is readily 
available on ASME's website at: http://www.asme.org.
    B31.4-2016, Pipeline Transportation Systems for Liquids and 
Slurries. B31.4-2016 prescribes requirements for the design, materials, 
construction, assembly, inspection, testing, operation, and maintenance 
of liquid pipeline systems between production fields or facilities, 
tank farms, above- or belowground storage facilities, natural gas 
processing plants, refineries, pump stations, ammonia plants, terminals 
(marine, rail, and truck), and other delivery and receiving points, as 
well as pipelines transporting liquids within pump stations, tank 
farms, and terminals associated with liquid pipeline systems. This Code 
also prescribes requirements for the design, materials, construction, 
assembly, inspection, testing, operation, and maintenance of piping 
transporting aqueous slurries of nonhazardous materials such as coal, 
mineral, ores, concentrates, and other solid materials, between a 
slurry processing plant or terminal and a receiving plant or terminal. 
Copies of B31.4-2016 is readily available on ASME's website at: http://www.asme.org.
    B31.5-2016, Refrigeration Piping and Heat Transfer Components. 
B31.5-2016 covers refrigerant, heat transfer components, and secondary 
coolant piping for temperatures as low as -320 degrees Fahrenheit, 
whether erected on the premises or factory assembled. The standard also 
includes all connecting refrigerant and secondary coolant piping 
starting at the first joint adjacent to such apparatus. Copies of 
B31.5-2016 is readily available on ASME's website at: http://www.asme.org.
    B31.8-2016, Gas Transmission and Distribution Piping Systems. 
B31.8-2014 is the most widely used code for the design, operation, 
maintenance, and repair of natural gas distribution and transmission 
pipelines. Copies of B31.8-2014 is readily available on ASME's website 
at: http://www.asme.org.
    B31.8S-2014, Managing System Integrity of Gas Pipelines. B31.8S-
2014 covers on-shore, gas pipeline systems constructed with ferrous 
materials, including pipe, valves, appurtenances attached to pipe, 
compressor units, metering station, regulator stations, delivery 
stations, holders and fabricated assemblies. Its principles, processes 
and approaches apply to the entire system for all pipeline systems. 
Copies of B31.8S-2014 is readily available on ASME's website at: http://www.asme.org.
    B31.9-2014, Building Services Piping. B31.9-2014 provides rules for 
piping in industrial, institutional, commercial and public building, 
and multi-unit residences, which does not require the range of sizes, 
pressures, and temperatures covered in ASME's B31.1 Codes for Power 
Piping. It includes piping systems either in the building or within the 
property limits. Copies of B31.9-2014 is readily available on ASME's 
website at: http://www.asme.org.
    B31G-2012, Manual for Determining Remaining Strength of Corroded 
Pipelines. B31G-2012 provides guidance in the evaluation of metal loss 
in pressurized pipeline and piping systems. The manual is applicable to 
all pipelines and piping systems that are part of ASME B31 Code for 
Pressure Piping. Copies of B31G-2012 is readily available on ASME's 
website at: http://www.asme.org.
    DOE incorporates by reference the following specific consensus 
standards for building codes published by National Fire Protection 
Association (NFPA):
    NFPA 70 (2017), National Electric Code. NFPA 70 covers the 
requirements on electrical wiring and equipment installation issues, 
including minimum provisions for the use of connections, voltage 
markings, conductors, and cables. Chapters address specific 
circumstances surrounding special occupancies and industrial equipment 
and machines. It also contains specific details on the safe 
installation and use of communications and signaling conductors. Copies 
of NFPA 70 (2017), is readily available on NFPA's website at: http://catalog.nfpa.org.
    NFPA 70E (2015), Standard for Electrical Safety in the Workplace. 
NFPA 70E (2015) is an industry accepted standard that encompass safety-
related work practices, safety-related maintenance requirements, and 
safety requirements for special equipment. The standard includes 
guidance for making hazard identification and risk assessments, 
selecting appropriate personal protective equipment, establishing an 
electrically safe work condition, and employee training. Copies of NFPA 
70E (2015), is readily available on NFPA's website at: http://catalog.nfpa.org.

[[Page 59953]]

III. Procedural Requirements

A. Review Under Executive Order 12866

    This regulatory action has been determined not to be ``a 
significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993). 
Accordingly, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies to ensure that the potential impacts of its 
draft rules on small entities are properly considered during the 
rulemaking process (68 FR 7990, February 19, 2003), and has made them 
available on the Office of General Counsel's website: http://energy.gov/gc/office-general-counsel.
    The regulatory amendments in this notice of final rulemaking 
reflect technical amendments, and clarify DOE's intent to continue to 
later versions of specific safety and health standards Rights and 
obligations under 10 CFR part 851 are unaltered and as such, are not 
subject to the requirement for a general notice of proposed rulemaking 
under the Administrative Procedure Act (5 U.S.C. 553(a)(2)) (APA). 
There is no requirement under the APA or any other law that this rule 
be proposed for public comment. Consequently, this rulemaking is exempt 
from the requirements of the Regulatory Flexibility Act.

C. Review Under the Paperwork Reduction Act

    This final rule does not impose a collection of information 
requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

D. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this rule falls into a class 
of actions that would not individually or cumulatively have a 
significant impact on the human environment, as determined by DOE's 
regulations implementing the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). Specifically, this rule amends existing 
regulations without changing the environmental effect of the 
regulations being amended, and, therefore, is covered under the 
Categorical Exclusion in paragraph A5 of Appendix A to subpart D, 10 
CFR part 1021. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b)(2) of 
Executive Order 12988 specifically requires that Executive agencies 
make every reasonable effort to ensure that the regulation: (1) Clearly 
specifies the preemptive effect, if any, to be given to the regulation; 
(2) clearly specifies any effect on existing Federal law or regulation; 
(3) provides a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any, to be given to the regulation; (5) defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations (65 FR 13735). DOE has examined this rule and has 
determined that it does not preempt State law and does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to assess the effects of a Federal 
regulatory action on State, local, and tribal governments, and the 
private sector. DOE has determined that this regulatory action does not 
impose a Federal mandate on State, local or tribal governments or on 
the private sector.

H. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
OIRA, which is part of OMB, a Statement of Energy Effects for any 
proposed significant energy action. A ``significant energy action'' is 
defined as any action by an agency that promulgates or is expected to 
lead to promulgation of a final rule, and that: (1) Is a significant 
regulatory action under Executive Order 12866, or any successor order; 
and is likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (2) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use. 
This regulatory action is not a significant energy action. Accordingly,

[[Page 59954]]

DOE has not prepared a Statement of Energy Effects.

I. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this 
final rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

K. Administrative Procedure Act

    An agency may find good cause to exempt a rule from the requirement 
for a notice of proposed rulemaking and the opportunity for public 
comment under the APA if the requirement is determined to be 
unnecessary, impracticable, or contrary to the public interest under 5 
U.S.C. 533(b)(3)(B). The rule updates the industry safety and health 
standards incorporated by reference in 10 CFR part 851. The updates are 
strictly technical amendments. Consequently, good cause exists for 
issuing this amendment as a final rule as notice and comment is 
unnecessary.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of this final rule prior to the effective date 
set forth at the outset of this rulemaking. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 801(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 851

    Civil penalty, Federal buildings and facilities, Incorporation by 
reference, Occupational safety and health, Reporting and recordkeeping 
requirements, Safety.

    Issued in Washington, DC, on December 12, 2017.
Matthew B. Moury,
Associate Under Secretary for Environment, Health, Safety and Security.

    For the reasons set forth in the preamble, the Department of Energy 
amends part 851 of chapter III of title 10 of the Code of Federal 
Regulations as set forth below:

PART 851--WORKER SAFETY AND HEALTH PROGRAM

0
1. The authority citation for part 851 continues to read as follows:

    Authority:  42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 
U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.


0
2. Section 851.23 is amended by:
0
a. Removing in paragraph (a)(2), ``1904.44,'';
0
b. Revising paragraphs (a)(9) and (10);
0
c. Removing in paragraph (a)(11), ``(2000)'', and adding in its place 
``(2014)'';
0
d. Removing in paragraph (a)(12), ``(1999)'', and adding in its place 
``(2012)'';
0
e. Removing in paragraph (a)(13), ``(2005)'', and adding in its place 
``(2017)''; and
0
f. Removing in paragraph (a)(14), ``(2004)'', and adding in its place 
``(2015)'';
    The revisions read as follows:


Sec.  851.23  Safety and health standards.

    (a) * * *
    (9) American Conference of Governmental Industrial Hygienists 
(ACGIH[supreg]), ``Threshold Limit Values for Chemical Substances and 
Physical Agents and Biological Exposure Indices,'' (2016) (incorporated 
by reference, see Sec.  851.27) when the ACGIH[supreg] Threshold Limit 
Values (TLVs) are lower (more protective) than permissible exposure 
limits in 29 CFR part 1910 for general industry and/or part 1926 for 
construction. When the ACGIH TLVs are used as exposure limits, 
contractors must nonetheless comply with the other provisions of any 
applicable expanded health standard found in 29 CFR part 1910 and/or 
part 1926.
    (10) American National Standards Institute (ANSI/ASSE) Z88.2, 
``American National Standard Practices for Respiratory Protection,'' 
(2015) (incorporated by reference, see Sec.  851.27).
* * * * *


Sec.  851.26  [Amended]

0
3. Section 851.26 is amended:
0
a. In paragraph (a)(2) by removing ``DOE Manual 231.1-1A, Environment, 
Safety and Health Reporting Manual, September 9, 2004 (incorporated by 
reference, see Sec.  851.27)'' and adding in its place ``DOE reporting 
directives.'';
0
b. In paragraph (a)(3) by removing ``in DOE Manual 231.1-1A.'' and 
adding in its place ``by DOE.''; and
0
c. In paragraph (b)(2) by removing ``(reference DOE Order 225.1A, 
Accident Investigations, November 26, 1997)''.

0
4. Section 851.27 is revised to read as follows:


Sec.  851.27  Materials incorporated by reference.

    (a) General. We incorporate by reference the following standards 
into part 851. The material has been approved for incorporation by the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. Any subsequent amendment to a standard by the standard-setting 
organization will not affect the DOE regulations unless and until 
amended by DOE. Material is incorporated as it exists on the date of 
the approval. To use a subsequent amendment to a standard, DOE must 
publish a document in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Department of Energy, Office of Environment, 
Health, Safety and Security, Office of Worker Safety and Health Policy, 
1000 Independence Ave. SW, Washington, DC 20585. 301-903-6061. The 
material is available for inspection 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: www.archives.gov/federal-register/cfr/ibr-locations.html. Standards can be obtained from 
the sources listed below.
    (b) ACGIH[supreg]. American Conference of Governmental Industrial 
Hygienist, 1330 Kemper Meadow Drive, Cincinnati, OH 45240. Telephone 
number: 513-742-2020, or go to: http://www.acgih.org.
    (1) ACGIH[supreg], Threshold Limit Values for Chemical Substances 
and Physical Agents and Biological Exposure Indices, 2016; IBR approved 
for Sec.  851.23.

[[Page 59955]]

    (2) Reserved.
    (c) ANSI. American National Standards Institute, 1899 L Street NW, 
11th Floor, Washington, DC 20036. Telephone number: 202-293-8020, or go 
to: http://www.ansi.org.
    (1) ANSI Z49.1-2012, American National Standard Safety in Welding, 
Cutting and Allied Processes, sections 4.3 and E4.3, ANSI approved 
March 9, 2012, IBR approved for Sec.  851.23.
    (2) ANSI/ASSE Z88.2-2015, American National Standard Practices for 
Respiratory Protection, ANSI approved March 4, 2015, IBR approved for 
Sec.  851.23.
    (3) ANSI Z136.1-2014, American National Standard for Safe Use of 
Lasers, ANSI approved December 10, 2013, IBR approved for Sec.  851.23.
    (d) ASME. American Society of Mechanical Engineers, P.O. Box 2300, 
Fairfield, NJ 07007. Telephone: 800-843-2763, or got to: http://www.asme.org.
    (1) ASME Boilers and Pressure Vessel Codes (BPVC) as follows:
    (i) BPVC.I-2015, Section I--Rules for Construction of Power 
Boilers, 2015 edition, issued July 1, 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (ii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (Beginning to SA-450), 2015 edition, issued 
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
    (iii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (SA-451 to End), 2015 edition, issued July 1, 
2015; IBR approved for appendix A, section 4, Pressure Safety;
    (iv) BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous 
Material Specifications, 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;
    (v) BPVC.II.C-2015, Section II--Materials, Part C--Specification 
for Welding Rods; Electrodes, and Filler Metals; 2015 edition, issued 
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
    (vi) BPVC.II.D.C-2015, Section II--Materials, Part D--Properties 
(Customary); 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety
    (vii) BPVC.II.D.M-2015, Section II--Materials, Part D--Properties 
(Metric); 2015 edition, issued July 1, 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (viii) BPVC.III.A-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Appendices; 2015 edition, issued July 1, 
2015; IBR approved for appendix A, section 4, Pressure Safety;
    (ix) BPVC.III.1.NB-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NB, Class 1 
Components; 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety;
    (x) BPVC.III.1.NC-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NC, Class 2 
Components; 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety;
    (xi) BPVC.III.1.ND-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection ND, Class 3 
Components; 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety;
    (xii) BPVC.III.1.NE-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NE, Class MC 
Components; 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety;
    (xiii) BPVC.III.1.NF-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NF, Supports; 2015 
edition, issued July 1, 2015; IBR approved for appendix A, section 4, 
Pressure Safety;
    (xiv) BPVC.III.1.NG-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NG, Core Support 
Structures; 2015 edition, issued July 1 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (xv) BPVC.III.1.NH-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NH, Class 1 
Components in Elevated Temperature Service; 2015 edition, issued July 
1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
    (xvi) BPVC.III.NCA-2015, Section III--Rules for Construction of 
Nuclear Facility; Components, Subsection NCA, General Requirements for 
Division 1 and Division 2; 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;
    (xvii) BPVC.III.2-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 2, Code for Concrete 
Containments; 2015 edition, issued July 1, 2015; IBR approved for 
appendix A, section 4, Pressure Safety;
    (xviii) BPVC.III.3-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 3, Containments for 
Transportation and Storage of Spent Nuclear Fuel and High Level 
Radioactive Material and Waste; 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;
    (xix)) BPVC.III.5-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 5, High Temperature Reactors; 
2015 edition, issued July 1, 2015; IBR approved for appendix A, section 
4, Pressure Safety;
    (xx) BPVC.IV-2015, Section IV, Rules for Construction of Heating 
Boilers; 2015 edition, issued July 1, 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (xxi) BPVC.V-2015, Section V, Nondestructive Examination; 2015 
edition, issued July 1, 2015; IBR approved for appendix A, section 4, 
Pressure Safety;
    (xxii) BPVC.VI-2015, Section VI, Recommended Rules for the Care and 
Operation of Heating Boilers; 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;
    (xxiii) BPVC.VII-2015, Section VII, Recommended Guidelines for the 
Care of Power Boilers; 2015 edition, issued July 1, 2015; IBR approved 
for appendix A, section 4, Pressure Safety;
    (xxiv) BPVC.VIII.1-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 1; 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;
    (xxv) BPVC.VIII.2-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 2, Alternative Rules; 2015 edition, issued 
July 1, 2015; IBR approved for appendix A, section 4, Pressure Safety;
    (xxvi) BPVC.VIII.3-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 3, Alternative Rules for Construction of 
High Pressure Vessels; 2015 edition, issued July 1, 2015; IBR approved 
for appendix A, section 4, Pressure Safety;
    (xxvii) BPVC.IX-2015, Section IX--Welding, Brazing and Fusing 
Qualifications, Qualification Standard for Welding, Brazing, and Fusing 
Procedures; Welders; Brazers; and Welding, Brazing, and Fusing 
Operators; 2015 edition, issued July 1, 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (xxviii) BPVC.X-2015, Section X, Fiber--Reinforced Plastic Pressure 
Vessels; 2015 edition, issued July 1, 2015; IBR approved for appendix 
A, section 4, Pressure Safety;
    (xxix) BPVC.XI-2015, Section XI, Rules for Inservice Inspection of 
Nuclear Power Plant Components; 2015 edition, issued July 1, 2015; IBR 
approved for appendix A, section 4, Pressure Safety;

[[Page 59956]]

    (xxx) BPVC.XII-2015, Section XII, Rules for Construction and 
Continued Service of Transport Tanks; issued July 1, 2015; IBR approved 
for appendix A, section 4, Pressure Safety;
    (xxxi) BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure Vessels; 
2015 edition, issued July 1, 2015; IBR approved for appendix A, section 
4, Pressure Safety; and
    (xxxii) BPVC.CC.NC-2015, Code Cases, Nuclear Components; issued 
July 1, 2015, IBR approved for appendix A, section 4, Pressure Safety.
    (2) ASME B31 codes for pressure piping as follows:
    (i) B31.1-2016, Power Piping, ASME Code for Pressure Piping, B31, 
issued June 30, 2016; IBR approved for appendix A, Section 4, Pressure 
Safety;
    (ii) B31.3-2014, Process Piping, ASME Code for Pressure Piping, 
B31, issued February 27, 2015; IBR approved for appendix A, Section 4, 
Pressure Safety;
    (iii) B31.4-2016, Pipeline Transportation Systems for Liquids and 
Slurries, ASME Code for Pressure Piping, B31, issued March 31, 2016; 
IBR approved for appendix A, Section 4, Pressure Safety;
    (iv) B31.5-2016, Refrigeration Piping and Heat Transfer Components, 
ASME Code for Pressure Piping, B31, issued June 29, 2016; IBR approved 
for appendix A, Section 4, Pressure Safety;
    (v) B31.8-2016, Gas Transmission and Distribution Piping Systems, 
ASME Code for Pressure Piping, B31, issued September 30, 2014; IBR 
approved for appendix A, Section 4, Pressure Safety;
    (vi) B31.8S-2014, Managing System Integrity of Gas Pipelines, ASME 
Code for Pressure Piping, B31, Supplement to ASME B31.8, issued 
September 30, 2014; IBR approved for appendix A, Section 4, Pressure 
Safety;
    (vii) B31.9-2014, Building Services Piping, ASME Code for Pressure 
Piping, B31, issued April 28, 2014; IBR approved for appendix A, 
Section 4, Pressure Safety; and
    (viii) B31G-2012, Manual for Determining the Remaining Strength of 
Corroded Pipelines, Supplement to ASME B31 Code for Pressure Piping, 
issued October 24, 2012; IBR approved for appendix A, Section 4, 
Pressure Safety.
    (e) NFPA. The National Fire Protection Association, One 
Batterymarch Park, Quincy, MA 02169. Telephone: 617-984-7423, or go to: 
http://www.nfpa.org.
    (1) NFPA 70, National Electric Code, (2017), issued August 4, 2016; 
IBR approved for Sec.  851.23; and
    (2) NFPA 70E, Standard for Electrical Safety in the Workplace, 
(2015 edition), issued July 14, 2014; IBR approved for Sec.  851.23.

0
5. Appendix A to part 851 is amended:
0
a. In section 3, Explosives Safety, by revising paragraph (b);
0
b. In section 4, Pressure Safety, by revising paragraphs (b)(1) and 
(2); and
0
c. In section 6, Industrial Hygiene, by revising paragraph (f).
    The revisions read as follows:

Appendix A to Part 851--Worker Safety and Health Functional Areas

* * * * *

 3. Explosives Safety

* * * * *
    (b) Contractors must comply with the policy and requirements 
specified in the appropriate explosives safety technical standard.
* * * * *

4. Pressure Safety

* * * * *
    (b) * * *
    (1) The applicable American Society of Mechanical Engineers 
(ASME) boilers and pressure vessel codes (BPVC), including 
applicable code cases as indicated in paragraphs (b)(1)(i) through 
(xxxii) of this section:
    (i) BPVC.I-2015, Section I--Rules for Construction of Power 
Boilers (incorporated by reference, see Sec.  851.27);
    (ii) BPVC.II.A-2015, Section II-Materials, Part A--Ferrous 
Material Specifications (Beginning to SA-450) (incorporated by 
reference, see Sec.  851.27);
    (iii) BPVC.II.A-2015, Section II--Materials, Part A--Ferrous 
Material Specifications (SA-451 to End) (incorporated by reference, 
see Sec.  851.27);
    (iv) BPVC.II.B-2015, Section II--Materials, Part B--Nonferrous 
Material Specifications (incorporated by reference, see Sec.  
851.27);
    (v) BPVC.II.C-2015, Section II--Materials, Part C-Specification 
for Welding Rods; Electrodes, and Filler Metals (incorporated by 
reference, see Sec.  851.27);
    (vi) BPVC.II.D.C-2015, Section II--Materials, Part D--Properties 
(Customary) (incorporated by reference, see Sec.  851.27);
    (vii) BPVC.II.D.M-2015, Section II--Materials, Part D--
Properties (Metric) (incorporated by reference, see Sec.  851.27);
    (viii) BPVC.III.A-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Appendices (incorporated by reference, 
see Sec.  851.27);
    (ix) BPVC.III.1.NB-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NB, Class 1 
Components (incorporated by reference, see Sec.  851.27);
    (x) BPVC.III.1.NC-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NC, Class 2 
Components (incorporated by reference, see Sec.  851.27);
    (xi) BPVC.III.1.ND-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection ND, Class 3 
Components (incorporated by reference, see Sec.  851.27);
    (xii) BPVC.III.1.NE-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NE, Class MC 
Components (incorporated by reference, see Sec.  851.27);
    (xiii) BPVC.III.1.NF-2015, Section III--Rules for Construction 
of Nuclear Facility Components, Division I--Subsection NF, Supports 
(incorporated by reference, see Sec.  851.27);
    (xiv) BPVC.III.1.NG-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NG, Core Support 
Structures (incorporated by reference, see Sec.  851.27);
    (xv) BPVC.III.1.NH-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division I--Subsection NH, Class 1 
Components in Elevated Temperature Service (incorporated by 
reference, see Sec.  851.27);
    (xvi) BPVC.III.NCA-2015, Section III--Rules for Construction of 
Nuclear Facility; Components, Subsection NCA, General Requirements 
for Division 1 and Division 2 (incorporated by reference, see Sec.  
851.27);
    (xvii) BPVC.III.2-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 2, Code for Concrete 
Containments (incorporated by reference, see Sec.  851.27);
    (xviii) BPVC.III.3-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 3, Containment for 
Transportation and Storage of Spent Nuclear Fuel and High Level 
Radioactive Material and Waste (incorporated by reference, see Sec.  
851.27);
    (xix) BPVC.III.5-2015, Section III--Rules for Construction of 
Nuclear Facility Components, Division 5, High Temperature Reactors 
(incorporated by reference, see Sec.  851.27);
    (xx) BPVC.IV-2015, Section IV, Rules for Construction of Heating 
Boilers (incorporated by reference, see Sec.  851.27);
    (xxi) BPVC.V-2015, Section V, Nondestructive Examination 
(incorporated by reference, see Sec.  851.27);
    (xxii) BPVC.VI-2015, Section VI, Recommended Rules for the Care 
and Operation of Heating Boilers (incorporated by reference, see 
Sec.  851.27);
    (xxiii) BPVC.VII-2015, Section VII, Recommended Guidelines for 
the Care of Power Boilers (incorporated by reference, see Sec.  
851.27);
    (xxiv) BPVC.VIII.1-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 1 (incorporated by reference, see Sec.  
851.27);
    (xxv) BPVC.VIII.2-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 2, Alternative Rules (incorporated by 
reference, see Sec.  851.27);
    (xxvi) BPVC.VIII.3-2015, Section VIII--Rules for Construction of 
Pressure Vessels, Division 3, Alternative Rules for Construction of 
High Pressure Vessels (incorporated by reference, see Sec.  851.27);
    (xxvii) BPVC.IX-2015, Section IX--Welding, Brazing and Fusing 
Qualifications, Qualification Standard for Welding, Brazing, and 
Fusing Procedures; Welders; Brazers;

[[Page 59957]]

and Welding, Brazing, and Fusing Operators (incorporated by 
reference, see Sec.  851.27);
    (xxviii) BPVC.X-2015, Section X, Fiber--Reinforced Plastic 
Pressure Vessels (incorporated by reference, see Sec.  851.27);
    (xxix) BPVC.XI-2015, Section XI, Rules for Inservice Inspection 
of Nuclear Power Plant Components (incorporated by reference, see 
Sec.  851.27);
    (xxx) BPVC.XII-2015, Section XII, Rules for Construction and 
Continued Service of Transport Tanks (incorporated by reference, see 
Sec.  851.27);
    (xxxi) BPVC.CC.BPV-2015, Code Cases, Boilers and Pressure 
Vessels (incorporated by reference, see Sec.  851.27); and
    (xxxii) BPVC.CC.NC-2015, Code Cases, Nuclear Components 
(incorporated by reference, see Sec.  851.27).
    (2) The applicable ASME B31 code for pressure piping as 
indicated in this paragraph; and or as indicated in paragraph (b)(3) 
of this section:
    (i) B31.1-2016, Power Piping (incorporated by reference, see 
Sec.  851.27);
    (ii) B31.3-2014, Process Piping (incorporated by reference, see 
Sec.  851.27);
    (iii) B31.4-2016, Pipeline Transportation Systems for Liquids 
and Slurries (incorporated by reference, see Sec.  851.27);
    (iv) B31.5-2016, Refrigeration Piping and Heat Transfer 
Components (incorporated by reference, see Sec.  851.27);
    (v) B31.8-2016, Gas Transmission and Distribution Piping Systems 
(incorporated by reference, see Sec.  851.27);
    (vi) B31.8S-2014, Managing System Integrity of Gas Pipelines 
(incorporated by reference, see Sec.  851.27);
    (vii) B31.9-2014, Building Services Piping (incorporated by 
reference, see Sec.  851.27); and
    (viii) B31G-2012, Manual for Determining the Remaining Strength 
of Corroded Pipelines (incorporated by reference, see Sec.  851.27).
* * * * *

 6. Industrial Hygiene

* * * * *
    (f) Use of respiratory protection equipment tested under the DOE 
Respirator Acceptance Program for Supplied-Air Suits when the 
National Institute for Occupational Safety and Health-approved 
respiratory protection does not exist for DOE tasks that require 
such equipment. For security operations military type masks for 
respiratory protection by security personnel is acceptable.
* * * * *

[FR Doc. 2017-27190 Filed 12-15-17; 8:45 am]
 BILLING CODE 6450-01-P