[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Proposed Rules]
[Pages 24083-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10324]


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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.

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Federal Register / Vol. 90, No. 108 / Friday, June 6, 2025 / Proposed 
Rules

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[Docket No. PRM-50-127; NRC-2025-0060]


Revised Industry Codes and Standards for Production and 
Utilization Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; notice of docketing, and request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
petition for rulemaking (PRM) from Thomas Basso on behalf of the 
Nuclear Energy Institute, dated January 22, 2025, requesting that the 
NRC revise its regulations to remove specific conditions, clarify a 
specific requirement, and incorporate requested code cases to the next 
revisions of regulatory guides 1.84 and 1.147, which will be 
incorporated by reference into the agency's rulemaking on industry 
standards. The petition was docketed by the NRC on March 6, 2025, and 
has been assigned Docket No. PRM-50-127. The NRC is examining the 
issues raised in PRM-50-127 to determine whether they should be 
considered in rulemaking. The NRC is requesting public comment on this 
petition at this time.

DATES: Submit comments by August 5, 2025. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0060. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: [email protected]. For technical questions contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal 
workdays; telephone: 301-415-1677.
    You can read a plain language description of this PRM at https://www.regulations.gov/docket/NRC-2025-0060. For additional direction on 
obtaining information and submitting comments, see ``Obtaining 
Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Christopher Prescott, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
7000, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2025-0060 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0060.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     NRC's PDR: The NRC PDR, where you may examine and order 
copies of publicly available documents, is open by appointment. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2025-0060 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. The Petitioner and Petition

    The PRM was filed by Thomas Basso of the Nuclear Energy Institute. 
The PRM requests that the NRC revise its regulations at title 10 of the 
Code of Federal Regulations (10 CFR), section 50.55a, ``Codes and 
standards,'' to (1) remove specific conditions not necessary to ensure 
safety or are no longer needed by the industry, (2) clarify a specific 
requirement, and (3) incorporate requested code cases to the next 
revision of regulatory guides (RGs) 1.84 and 1.147, which will be 
incorporated by reference into the agency's rulemaking on industry

[[Page 24084]]

standards. The petition referenced a letter from the American Society 
of Mechanical Engineers (ASME) (ML24296A006) as support for the 
inclusion of the requested code cases into RG 1.147. The petition was 
docketed by the NRC on March 6, 2025, and has been assigned Docket No. 
PRM-50-127. The PRM may be found in ADAMS under Accession Number 
ML25065A034.

III. Discussion of the Petition

    The petitioner proposes the following specific changes to the NRC's 
regulations in 10 CFR 50.55a (also see Attachment 1 of the petition):
     Deletion of 10 CFR 50.55a(h): Remove the requirement to 
meet the Institute of Electrical and Electronics Engineers (IEEE) 
Standard Criteria for Safety Systems that are incorporated by 
reference. IEEE Std 279-1968, ``Proposed IEEE Criteria for Nuclear 
Power Plant Protection Systems,'' IEEE Std 279-1971, ``Criteria for 
Protection Systems for Nuclear Power Generating Stations,'' and IEEE 
Std 603-1991, ``Criteria for Safety Systems for Nuclear Power 
Generating Stations,'' would be removed. The petitioner states that 
these standards are dated and overly prescriptive for current 
technologies.
     Deletion of Section XI Condition 10 CFR 
50.55a(b)(2)(xxvi): Remove the requirement to meet the condition for 
pressure testing of Class 1, 2, and 3 mechanical joints. The petitioner 
states that this condition does not result in any additional repair or 
replacement action by the licensee therefore is not needed. They state 
that post testing maintenance demonstrates that these joints are leak 
tight and are within the limits of operability. The petitioner states 
deletion of this condition would provide an efficiency gain by removing 
these redundant and unnecessary regulatory requirements.
     Inclusion or Clarification of 10 CFR 50.55a(y) to 10 CFR 
50.55a(z): Expand the applicability of 10 CFR 50.55a(z) to include 
section (y) or revise section (y) to avoid using exemptions to approve 
alternatives. The petitioner states that placing the definitions in 10 
CFR 50.55a(y) does not allow for an alternative definition to be 
proposed through 10 CFR 50.55a(z), which can lead to the need for an 
exemption if alternative definitions are needed. The petitioner states 
this needlessly adds administrative burden to the review and approval 
processes. They state that allowing alternatives for 10 CFR 50.55(y) 
within the process described in 10 CFR 50.55a(z) will avoid the need 
for exemptions to cover approval of alternatives that could otherwise 
be approved via the relief request process.
    The petitioner states that these changes would remove conditions 
that are not necessary to ensure safety (as demonstrated by long-
standing safety performance) or are no longer needed by the industry.
    The petitioner also proposes the inclusion of ASME Section XI, 
Division 1 Code Cases N-752, N-88-2, N-926, N-935, and N-939 in draft 
Revision 22 to RG 1.147 and the following six code cases to draft 
Revision 41 to RG 1.84. The NRC has either conditioned or not approved 
these code cases for inclusion into the RG. The petitioner describes 
the basis for each change as follows (also see Attachment 2 of the 
petition).
     Code Case N-883, Rev. 0, Construction Prior to the 
Establishment of an Owner, NRC Status: Conditioned. The advanced 
reactor fleet intends to deploy using a variety of economic models, 
including factory-built reactors. Given very long lead times for 
component construction and the need for shorter plant construction 
durations, it is vital that fabrication begin well in advance of the 
establishment of the owner. The Code has always permitted smaller items 
(NPS 4) to be constructed using this approach; therefore, this is not 
new in the Code, it has simply been expanded to permit a wider range of 
construction.
     Code Case N-915, Rev. 0, Extension of Internal Audit and 
Supplier Audit Due Dates in Exigent Conditions, NRC Status: Not 
Approved. During the Pandemic, the industry successfully implemented 
audit extensions, without resulting in any documented safety 
consequence. The flexibility this Case provides is important given the 
scope and reach of the supply chain. It should also be taken into 
consideration that current digital technology provides a better 
capability for maintaining the integrity of remote verification than 
what was available when the requirements for verification were 
established. The addition of this code case to RG 1.84 will provide 
efficiency measures for all current licensees.
     Code Case N-916, Rev. 0, Remote Verification and Witness 
of Activities, NRC Status: Not Approved. During the COVID-19 pandemic, 
the industry successfully conducted remote verification and witnessing, 
without resulting in any documented safety consequences, essentially 
proving that the technology and tools are available to support remote 
witnessing. Code Case N-916 is specific to activities requiring 
verification or witness by Section III. It does not cover the 
acceptance of items or services through source verification. 
Certificate holders must still meet any applicable regulatory 
requirements.
     Code Case N-818, Rev. 1, Use of Non-Destructive 
Examination and Fracture Mechanics for Acceptance of Full Penetration 
Butt Welds In lieu of Weld Repair, NRC Status: Not Approved. Current 
fleet experience has shown that numerous in-service defects and 
failures initiate at the location of fabrication weld repairs. Code 
Case N-818 provides a technically sound basis, based on light-water 
reactor experience, to accept indications in lieu of weld repairs, 
reducing, not increasing, the likelihood of inservice failures.
     Code Case N-907, Rev. 0, Rules for Performing Preservice 
Inspection (PSI) During Construction, NRC Status: Not Approved. There 
is no safety concern with the timing of PSI, and there are significant 
efficiencies in schedule and potential savings in cost.
     Code Case N-659, Rev. 3, Use of Ultrasonic Examination in 
Lieu of Radiography for Weld Examination, NRC Status: Not Approved. 
Ultrasonic Examination (UT) for construction has a long history in 
commercial codes, demonstrating that this is a safe and practical 
alternative. Section III already permits its use and has long permitted 
UT for some geometries. Use of UT in the field during construction 
presents significant efficiencies in schedule and potential savings in 
cost.

IV. Conclusion

    The NRC has determined that the petition meets the sufficiency 
requirements for docketing a PRM under 10 CFR 2.803, ``Petition for 
rulemaking-NRC action.'' The NRC will examine the issues raised in PRM-
50-127 and any comments received in response to this comment request to 
determine whether these issues should be considered in rulemaking. The 
public can monitor further action on the rulemaking that will address 
this petition by searching Docket ID NRC-2025-0060 on the Federal 
rulemaking website, https://www.regulations.gov. The site allows 
members of the public to receive alerts when changes or additions occur 
in a docket folder. To subscribe: (1) navigate to the docket folder 
(NRC-2025-0060); (2) click the ``Subscribe'' button; and (3) enter an 
email address and click on the ``Subscribe'' button. The NRC also 
tracks the status of all NRC rules and PRMs on its website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html.

    Dated: June 3, 2025.


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    For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2025-10324 Filed 6-5-25; 8:45 am]
BILLING CODE 7590-01-P