[Federal Register Volume 90, Number 185 (Friday, September 26, 2025)]
[Rules and Regulations]
[Pages 46319-46330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18769]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2024-0163]
RIN 3150-AL20
Approval of American Society of Mechanical Engineers
Unconditioned Code Cases
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to incorporate by reference a regulatory guide that
approves unconditioned code cases published by the American Society of
Mechanical Engineers (ASME). This action allows nuclear power plant
applicants and licensees to use the code cases as voluntary
alternatives to engineering standards for nuclear power plant
components. These standards are set forth in the ASME Boiler and
Pressure Vessel Code and ASME Operation and Maintenance of Nuclear
Power Plants, which are currently incorporated by reference into the
NRC's regulations.
DATES: The final rule is effective January 26, 2026, unless significant
adverse comments are received by November 25, 2025. If the direct final
rule is withdrawn as a result of such comments, timely notice of the
withdrawal will be published in the Federal Register. Comments received
after this date will be considered if it is practical to do so, but the
NRC is able to ensure consideration only for comments received on or
before this date. Comments received on this direct final rule will also
be considered to be comments on a companion proposed rule published in
the Proposed Rules section of this issue of the Federal Register. The
incorporation by reference of certain material listed in the regulation
is approved by the Director of the Federal Register as of January 26,
2026.
ADDRESSES: Please refer to Docket ID NRC-2024-0163 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-2024-0163. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions, contact the
individuals 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section of this document.
NRC's PDR: The 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.
You can read a plain language description of this final rule at
https://www.regulations.gov/docket/NRC-2024-0163. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
[[Page 46320]]
FOR FURTHER INFORMATION CONTACT: Nicole Fields, Office of Nuclear
Material Safety and Safeguards, telephone: 630-829-9570, email:
[email protected]; or Jay Collins, Office of Nuclear Reactor
Regulation, telephone: 301-415-4038, email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. Environmental Assessment and Final Finding of No Significant
Environmental Impact
XI. Paperwork Reduction Act
XII. Regulatory Planning and Review (Executive Order 12866)
XIII. Congressional Review Act
XIV. Voluntary Consensus Standards
XV. Incorporation by Reference--Reasonable Availability to
Interested Parties
XVI. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2024-0163 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-2024-0163.
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 ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section of this document.
NRC's PDR: The 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-2024-0163 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. Rulemaking Procedure
Because the NRC considers this action to be noncontroversial, the
NRC is using the ``direct final rule procedure'' for this rule. This
amendment is effective on January 26, 2026. However, if the NRC
receives significant adverse comments on this direct final rule by
November 25, 2025, then the NRC will publish a document that withdraws
this action. If the direct final rule is withdrawn, the NRC will
address the comments in a subsequent final rule or as otherwise
appropriate.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. Background
The American Society of Mechanical Engineers (ASME) develops and
publishes the ASME Boiler and Pressure Vessel Code (BPV Code), which
contains requirements for the design, construction, and inservice
inspection (ISI) of nuclear power plant components, and the ASME
Operation and Maintenance of Nuclear Power Plants, Division 1, OM Code:
Section IST (OM Code), which contains requirements for inservice
testing (IST) of nuclear power plant components. In response to ASME
BPV and OM Code user requests, the ASME develops code cases that
provide voluntary alternatives to specific BPV and OM Code
requirements.
The NRC approves the ASME BPV and OM Codes for use in title 10 of
the Code of Federal Regulations (10 CFR) 50.55a, ``Codes and
standards,'' through the process of incorporation by reference. As
such, each provision of the ASME BPV and OM Codes incorporated by
reference into and mandated by 10 CFR 50.55a(a)(1) constitutes a
legally binding NRC requirement imposed by rule. As noted previously,
the ASME code cases, for the most part, represent alternative
approaches for complying with provisions of the ASME BPV and OM Codes.
Accordingly, the NRC periodically amends 10 CFR 50.55a(a)(3) to
incorporate by reference NRC Regulatory Guides (RGs) listing approved
ASME code cases that may be used as voluntary alternatives to the BPV
and OM Codes. The NRC staff also maintains RG 1.193, ``ASME Code Cases
Not Approved for Use,'' which is not incorporated by reference into 10
CFR 50.55a, but does provide guidance on which ASME code cases the NRC
has determined not to be acceptable for use on a generic basis.
Section III of the ASME BPV Code applies to new construction and
repair/replacement activities (i.e., the edition
[[Page 46321]]
and addenda to be used in the construction of a plant are selected
based on the date of the construction permit and are not changed
thereafter, except voluntarily by the applicant or the licensee).
Hence, if a Section III code case is implemented by an applicant or a
licensee and a later revision of the code case is approved for use by
the RGs listed in 10 CFR 50.55a(a)(3), the applicant or licensee may
use either version of the code case, as described in 10 CFR
50.55a(b)(4)(ii). The licensee is still subject, however, to whatever
change requirements apply to its licensing basis (e.g., 10 CFR 50.59).
A licensee's ISI and IST programs must be updated periodically to
the latest edition and addenda of the ASME BPV Code, Section XI, and
the OM Code, respectively, that were incorporated by reference into 10
CFR 50.55a and in effect no more than 18 months before the start of the
code of record interval, as required by 10 CFR 50.55a(f)(4)(ii) and 10
CFR 50.55a(g)(4)(ii). Licensees that were using a code case prior to
the effective date of a final rule incorporating by reference a
regulatory guide in 10 CFR 50.55a(a)(3) may continue to use the
previous version for the remainder of the code of record interval. This
relieves licensees of the burden of having to update their ISI or IST
program each time a code case is revised by the ASME and approved for
use by the NRC. The NRC has a separate process to address a situation
where a code case has been revised because of a safety issue with the
original code case. Code cases apply to specific editions and addenda,
and code cases may be revised if they are no longer accurate or
adequate, so licensees choosing to continue using a code case during
the subsequent code of record interval must implement the latest
version approved for use by the RGs listed 10 CFR 50.55a(a)(3) as
required by 10 CFR 50.55a(b)(5), 10 CFR 50.55a(b)(6), 10 CFR
50.55a(f)(4)(ii), and 10 CFR 50.55a(g)(4)(ii).
If a code case has been annulled, applicants or licensees must not
apply that code case unless it was applied prior to being listed as
annulled. If an applicant or a licensee applied a code case before it
was listed as annulled, the applicant or licensee may continue to use
the code case until the applicant or licensee updates its construction
code of record for Section III (in the case of an applicant, updates
its application) or until the licensee's code of record interval
expires, for Section XI and the OM Code, after which the continued use
of the code case is prohibited unless NRC authorization is given under
10 CFR 50.55a(z).
If a code case is approved for use by the RGs incorporated by
reference in 10 CFR 50.55a(a)(3) and ASME later issues a revised
version or annuls the code case because experience has shown that the
design analysis, construction method, examination method, or testing
method is inadequate, the NRC will amend 10 CFR 50.55a and the relevant
RG to remove the approval of the superseded code case. Applicants and
licensees should not begin to implement such superseded code cases in
advance of the rulemaking. Licensees should consult the rules for
applying code cases in paragraphs 10 CFR 50.55a(b)(4) through (6).
In previous rulemakings for ASME code cases, the NRC incorporated
by reference several RGs (RG 1.84, Revision 40, ``Design, Fabrication,
and Materials Code Case Acceptability, ASME Section III''; RG 1.147,
Revision 21, ``Inservice Inspection Code Case Acceptability, ASME
Section XI, Division 1''; and RG 1.192, Revision 5, ``Operation and
Maintenance [OM] Code Case Acceptability, ASME OM Code''), which
identified new, revised, and reaffirmed ASME code cases that the NRC
finds acceptable or conditionally acceptable for use. In this final
rule, the NRC incorporates by reference RG 1.262, ``ASME Code Cases
Approved for Use Without Conditions.'' This new approach to the ASME
code case rulemaking implements Commission direction in SRM-SECY-21-
0029 regarding streamlining 10 CFR 50.55a rulemaking activities. The
NRC considers these code cases to be noncontroversial and not to need
regulatory conditions, such that issuing a direct final rule is an
appropriate rulemaking process. This approach may allow the NRC to
approve such code cases in a more efficient manner than was possible
under the former. Potentially controversial code cases or those with
proposed NRC regulatory conditions will be addressed using a proposed
rule and final rule process. In developing RG 1.262, the NRC reviewed
the ASME BPV and OM code cases, determined the acceptability of each
code case, and published its findings in the RG. This RG will be
revised periodically as the NRC determines that new code cases
published by the ASME are acceptable without NRC regulatory conditions
and are noncontroversial. Using this new approach, the NRC will approve
these ASME code cases for use by incorporating RG 1.262 by reference
into 10 CFR 50.55a.
IV. Discussion
A. Rule Objective and Scope
This final rule incorporates by reference RG 1.262, which lists
ASME BPV and OM code cases that the NRC finds to be acceptable. This RG
supplements the most recent revisions of RG 1.84, RG 1.147, and RG
1.192, which are also incorporated by reference in 10 CFR 50.55a, by
providing additional acceptable code cases.
To accommodate the incorporation by reference of RG 1.262 into 10
CFR 50.55a, the NRC is making one-time conforming structural changes
and improvements to 10 CFR 50.55a, related to code cases. These
structural changes do not change the use of code cases by applicants
and licensees; they only accommodate that code cases associated with
ASME BPV Code, Section III; ASME BPV Code, Section XI; and ASME OM
Code, may now be approved by the NRC either in RG 1.84, RG 1.147, and
RG 1.192, respectively, or in the new RG 1.262. Accordingly, 10 CFR
50.55a(b)(4), ``Conditions on Design, Fabrication, and Materials Code
Cases''; 10 CFR 50.55a(b)(5), ``Conditions on inservice inspection Code
Cases''; and 10 CFR 50.55a(b)(6), ``Conditions on ASME OM Code Cases'';
are being revised to accommodate this new paradigm, while maintaining
the same requirements when applying ASME BPV Code, Section III; ASME
BPV Code, Section XI; and ASME OM Code cases, respectively.
Throughout 10 CFR 50.55a, there are currently references to code
cases specifically located in RG 1.84, RG 1.147, and RG 1.192. As
applicable, those references--in paragraphs (b)(2) and (3), (c)(3),
(d)(2), (e)(2), (f)(2) through (4), and (g)(2) through (4) and (6)--
have been broadened to include all of the NRC regulatory guides as
incorporated by reference in 10 CFR 50.55a(a)(3). This structural
change simplifies the regulations and does not change which code cases
are available for use, as applicable to the specific ASME Code.
The ASME code cases that are the subject of this final rule are the
new and revised Section III and Section XI code cases as listed in
Supplements 3 through 6 to the 2021 Edition and Supplements 0 through 3
to the 2023 Edition of the ASME BPV Code, and the ASME OM Code Case
OMN-23, Revision 1, which is listed on the ASME Codes & Standards
Connect website. In this rule, the NRC also dispositioned the ASME BPV
Code Cases N-788-2 and N-939 as was requested by ASME by letter to the
NRC dated October 18, 2024.
[[Page 46322]]
The NRC incorporates by reference specific editions and addenda of
the ASME BPV and OM Codes in 10 CFR 50.55a as regulatory requirements.
The ASME develops and publishes code cases that provide alternatives to
existing Code requirements. This final rule incorporates by reference
RG 1.262, Revision 0, ``ASME Code Cases Approved for Use Without
Conditions,'' which allows nuclear power plant licensees and applicants
for construction permits, operating licenses, combined licenses,
standard design certifications, standard design approvals, and
manufacturing licenses under 10 CFR part 50, ``Domestic Licensing of
Production and Utilization Facilities,'' and part 52, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants,'' to use the
code cases listed in RG 1.262 as acceptable alternatives to the
applicable ASME BPV and OM Codes for the construction, ISI, and IST of
nuclear power plant components. The ASME publishes the OM code cases
and lists the code cases on the ASME website. In contrast, the ASME
publishes BPV code cases in supplements to the current BPV Code
edition. This final rule identifies the BPV code cases by the edition
of the ASME BPV Code under which they were published by the ASME, and
the OM code case by its applicability as specified by the ASME.
B. Use of ASME Code Cases
The following general guidance applies to the use of the ASME code
cases approved in RG 1.262, Revision 0, incorporated by reference into
10 CFR 50.55a as part of this final rule. Specifically, the use of the
code cases listed in this RG are acceptable when implementing the
editions and addenda of the ASME BPV and OM Codes incorporated by
reference in 10 CFR 50.55a.
The approval of a code case in this RG constitutes acceptance of
its technical position for applications that are not precluded by
regulatory or other requirements. The applicant or licensee is
responsible for ensuring that use of the code case does not conflict
with regulatory requirements or licensee commitments. The code cases
listed in the RG are acceptable for use within the limits specified in
the code cases by the ASME. An applicant or licensee is not required to
apply ASME code cases at its nuclear power plant. However, if an
applicant or licensee determines that a code case will be implemented,
the applicant or licensee must comply with the provisions of that code
case fully without deviation or must submit a request for relief or an
alternative to the provisions of the code case under the process
specified in 10 CFR 50.55a. An applicant or licensee that decides not
to apply the code case must apply or reapply the Code requirements and
address any omitted Code activities.
The ``Background'' section of this notice discusses in detail the
revision and annulment of ASME code cases and the requirements in 10
CFR 50.55a(b) for which version of the code case must be applied by
applicants and licensees. The addition of RG 1.262 to 10 CFR 50.55a
does not change this process, but applicants and licensees should note
that now a code case may be approved in one RG that is incorporated by
reference and a later revision of that code case may be approved in a
different RG also incorporated by reference. However, applicants and
licensees are still subject to the requirements of paragraphs 10 CFR
50.55a(b)(4) through (6) when determining which version of the code
case must be applied. Applicants and licensees should review the new
and newly revised code cases in RG 1.262, along with the code cases in
RG 1.84, RG 1.147, and RG 1.192 to determine the most recently approved
revisions. This should also be done when future revisions of RG 1.84,
RG 1.147, and RG 1.192 are incorporated by reference.
C. Table of Approved ASME Code Cases
The code cases discussed in Table I are new, revised, or reaffirmed
code cases that the NRC approves for use without conditions.
Table I--Code Cases Approved for Use Without Conditions
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Code case No. Published with supplement Title
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Boiler and Pressure Vessel Code Section III
(addressed in RG 1.262, Revision 0, Table 1)
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N-637-2.................................. 4 (2021 Edition)........................ Use of 44Fe-25Ni-21Cr-Mo
(Alloy UNS N08904) Plate,
Bar, Fittings, Welded
Pipe, and Welded Tube,
Classes 2 and 3.
N-801-4.................................. 0 (2023 Edition)........................ Rules for Repair of N-
Stamped Class 1, 2, 3, and
MC Components.
N-928.................................... 0 (2023 Edition)........................ Use of ASTM A508/A508M in
Lieu of SA[dash]508.
N-931.................................... 0 (2023 Edition)........................ Performance and
Qualification Criteria for
Mitigation of Stress
Corrosion Cracking by
Surface Stress
Improvement.
N-933.................................... 2 (2023 Edition)........................ Materials Exempted from
Stress-Rupture Test.
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Boiler and Pressure Vessel Code Section XI
(addressed in RG 1.262, Revision 0, Table 2)
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N-513-6.................................. 4 (2021 Edition)........................ Evaluation Criteria for
Temporary Acceptance of
Flaws in Moderate Energy
Class 2 or 3 Piping and
Gate Valves.
N-516-6.................................. 1 (2023 Edition)........................ Underwater Welding.
N-532-6.................................. 0 (2023 Edition)........................ Repair/Replacement Activity
Documentation Requirements
and Inservice Inspection
Summary Report Preparation
and Submission.
N-639-1.................................. 3 (2021 Edition)........................ Alternative Calibration
Block Material.
N-786-5.................................. 1 (2023 Edition)........................ Alternative Requirements
for Sleeve Reinforcement
of Class 2 and 3
Moderate[dash]Energy
Carbon Steel Piping.
N-788-2.................................. 5 (2023 Edition)........................ Certification of Ultrasonic
Examination Personnel by
Third Party NDE
Certification
Organizations.
N-809-2.................................. 1 (2023 Edition)........................ Reference Fatigue Crack
Growth Rate Curves for
Austenitic Stainless
Steels in Pressurized
Water Reactor
Environments.
N-888-2.................................. 3 (2023 Edition)........................ Similar and Dissimilar
Metal Welding Using
Ambient Temperature SMAW
or Machine GTAW Temper
Bead Technique.
N-892-1.................................. 0 (2023 Edition)........................ Alternative Requirement for
Form OAR-1, Owner's
Activity Report, or
Inservice Inspection
Summary Report Completion
Time.
[[Page 46323]]
N-894.................................... 3 (2023 Edition)........................ Repair of Class 1, 2, and 3
Austenitic Stainless Steel
with Thermal Fatigue
Cracking.
N-922.................................... 4 (2021 Edition)........................ Alternative Requirements
for Application of
Structural Factors to
Secondary Stresses for
Analytical Evaluation of
Flaws in Piping in
Accordance with IWB-3644,
IWC-3644, and IWD-3644.
N-923.................................... 4 (2021 Edition)........................ Mechanical Piping Joints.
N-932.................................... 1 (2023 Edition)........................ Alternative Requirements
for Acceptance of
Containment Base Metal
Corrosion or Erosion.
N-939.................................... 6 (2023 Edition)........................ Alternative Requirements
for Use of Mandatory
Appendix XI for Repair/
Replacement Activities for
Aboveground Class 3
Polyethylene Piping.
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance Code
(addressed in RG 1.262, Revision 0, Table 3)
----------------------------------------------------------------------------------------------------------------
OMN-23, Revision 1....................... 2001 to 2022 Editions................... Alternative Rules for
Testing Pressure Isolation
Valves.
----------------------------------------------------------------------------------------------------------------
V. Section-by-Section Analysis
The following paragraphs in 10 CFR 50.55a are revised:
Paragraph (a)(3)
This final rule revises the introductory text to paragraph (a)(3)
to accommodate the changes in paragraphs (a)(3)(iv) and (v). This final
rule also redesignates current paragraph (a)(3)(iv) to new paragraph
(a)(3)(v) and adds new paragraph (a)(3)(iv) to incorporate by reference
NRC Regulatory Guide 1.262, Revision 0, published July 2025.
Paragraph (b)(2)(xxxiv)(A)(2)
This final rule revises paragraph (b)(2)(xxxiv)(A)(2) by replacing
the reference to RG 1.147 with the phrase ``the appropriate NRC
regulatory guides, as incorporated by reference in paragraph (a)(3) of
this section'' to broaden and include all of the NRC regulatory guides
as incorporated by reference in 10 CFR 50.55a(a)(3).
Paragraph (b)(3)(ii)(C)
This final rule revises paragraph (b)(3)(ii)(C) by replacing the
reference to RG 1.192 with the phrase ``the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section'' to broaden and include all the NRC regulatory guides as
incorporated by reference in 10 CFR 50.55a(a)(3).
Paragraph (b)(4)
This final rule broadens the code case conditions currently in
paragraph (b)(4) to also apply to the code cases in Table 1 of RG
1.262. This ensures that these code case conditions will apply to all
BPV Section III code cases as listed in the regulatory guides
incorporated by reference in paragraph (a)(3). A correction was also
made to the introductory text to paragraph (b)(4) to add applicants,
who were already included in the conditions in paragraphs (b)(4)(i),
(b)(4)(ii), and (b)(4)(iii).
Paragraph (b)(5)
This final rule broadens the code case conditions currently in
paragraph (b)(5) to also apply to the code cases in Table 2 of RG
1.262. This ensures that these code case conditions will apply to all
BPV Section XI code cases as listed in the regulatory guides
incorporated by reference in paragraph (a)(3). An editorial change to
the introductory text of paragraph (b)(5) was made to add the word
conditions for clarity and for consistency with paragraph (b)(4).
Paragraph (b)(6)
This final rule broadens the code case conditions currently in
paragraph (b)(6) to also apply to the code cases in Table 3 of RG
1.262. This ensures that these code case conditions will apply to all
OM code cases as listed in the regulatory guides incorporated by
reference in paragraph (a)(3). An editorial change to the introductory
text of paragraph (b)(6) was made to add the word conditions for
clarity and for consistency with paragraph (b)(4).
Paragraph (c)(3)(iv)
This final rule replaces the reference in paragraph (c)(3)(iv) to
the specific NRC regulatory guide RG 1.84 and generalizes the reference
to include all of the appropriate NRC regulatory guides as incorporated
by reference in 10 CFR 50.55a(a)(3).
Paragraph (d)(2)(iii)
This final rule replaces the reference in paragraph (d)(2)(iii) to
the specific NRC regulatory guide RG 1.84 and generalizes the reference
to include all of the appropriate NRC regulatory guides as incorporated
by reference in 10 CFR 50.55a(a)(3).
Paragraph (e)(2)(iii)
This final rule replaces the reference in paragraph (e)(2)(iii) to
the specific NRC regulatory guide RG 1.84 and generalizes the reference
to include all of the appropriate NRC regulatory guides as incorporated
by reference in 10 CFR 50.55a(a)(3).
Paragraph (f)
This final rule replaces the references in paragraphs (f)(2),
(f)(3)(iii)(A) and (B), (f)(3)(iv)(A) and (B), and (f)(4)(i), (ii), and
(iv) to the specific NRC regulatory guide, RG 1.147 or RG 1.192, and
generalizes the reference to include all of the appropriate NRC
regulatory guides as incorporated by reference in 10 CFR 50.55a(a)(3).
Paragraph (g)
This final rule replaces the references in paragraphs (g)(2)(i) and
(ii); (g)(3)(i) and (ii); (g)(4)(i), (ii), and (iv); and
(g)(6)(ii)(F)(2)(iii) to the specific NRC regulatory guide, RG 1.147 or
RG 1.192, and generalizes the reference to include all of the
appropriate NRC regulatory guides as incorporated by reference in 10
CFR 50.55a(a)(3).
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule does not have a significant economic impact on
a substantial number of small entities. This final rule affects only
the licensing and operation of nuclear power plants. The companies that
own these plants do not fall within the scope of the definition of
``small entities'' set forth in the Regulatory Flexibility Act or the
size standards established by the NRC (10 CFR 2.810).
VII. Regulatory Analysis
The NRC's convention for regulatory analysis for most rulemakings
is to perform a regulatory analysis for the
[[Page 46324]]
proposed and final rule that examines the costs and benefits of the
alternatives considered by the NRC. However, for NRC rulemakings
incorporating by reference into 10 CFR 50.55a the latest ASME BPV and
OM Codes and associated regulatory guides listing code cases, the NRC
utilizes a different approach in determining whether to prepare a
regulatory analysis to support the proposed or final ASME Code
rulemaking. The NRC need not prepare a regulatory analysis for those
ASME Code rulemakings that do not impose additional conditions or
exceptions beyond those in the updated ASME Code provisions.
The NRC believes this is appropriate for several reasons:
The ASME Codes are voluntary consensus standards,
developed with participation by interested parties, including
representatives from the NRC, the nuclear power industry, and
licensees.
It has been longstanding NRC policy to incorporate later
versions of the ASME Code into its regulations. Further, it is a
condition of NRC licenses to adopt revisions to some parts of the ASME
Code on a periodic basis. Through this practice, the NRC has
established an expectation that future revisions to the ASME Code,
developed through the consensus standards process, will be incorporated
by reference into the NRC's regulations. Thus, licensees know when
receiving their operating licenses that incorporating updates to the
ASME Code is part of the regulatory process. Endorsement of the ASME
Code is consistent with the National Technology Transfer and
Advancement Act, inasmuch as the NRC has determined that there are
sound reasons for establishing requirements for design, maintenance,
ISI, and IST by rulemaking.
In a typical incorporation of the ASME Code and associated
regulatory guides listing code cases, the NRC incorporation by
reference can involve hundreds, if not thousands, of individual
provisions. Evaluating the benefit and cost of each individual
provision in a regulatory analysis would be prohibitive, and the value
gained by performing such an exercise would be limited.
However, where the NRC either: (i) imposes conditions or exceptions
on the use of an ASME Code provision or (ii) requires that licensees
adopt provisions of the ASME Code on an expedited schedule, then the
NRC prepares a regulatory analysis that is limited to the consideration
of those provisions or circumstances for which the NRC is imposing
conditions. Both cases--the NRC's imposition of a new condition on an
ASME Code provision already incorporated by the NRC or required
adoption of provisions on an expedited schedule--represent situations
where a regulatory analysis would be justified as a matter of
regulatory policy. By contrast, the NRC need not prepare a regulatory
analysis if the NRC is proposing a new condition on a new Code
provision that is not present in an earlier Code Edition.
Finally, if the NRC determines that one or more new ASME Code
provisions are a significant departure from existing NRC-incorporated
Code Editions, then the NRC will prepare a regulatory analysis for
those new Code provisions. The NRC's ongoing review and endorsement of
the ASME Code in 10 CFR 50.55a is based on the reliability of the ASME
Code as a consensus standard with incremental changes. Any significant
changes in the ASME Code could challenge the basis of previous
regulatory analyses, and in those cases a new regulatory analysis would
be performed.
This final rule incorporates by reference a new NRC RG that lists
the ASME BPV and OM code cases that the NRC finds to be acceptable
without conditions. Therefore, the NRC has not prepared a regulatory
analysis for this action.
VIII. Backfitting and Issue Finality
The provisions in this final rule allow licensees and applicants to
voluntarily apply NRC-approved code cases. The approved code cases are
listed in an RG that is incorporated by reference into 10 CFR 50.55a.
An applicant's or a licensee's voluntary application of an approved
code case does not constitute backfitting, because there is no
imposition of a new requirement or new position.
Similarly, voluntary application of an approved code case by a 10
CFR part 52 applicant or licensee does not represent the NRC imposition
of a requirement or action and, therefore, is not inconsistent with any
issue finality provision in 10 CFR part 52. For these reasons, the NRC
finds that this final rule does not involve any provisions requiring
the preparation of a backfit analysis or documentation demonstrating
that one or more of the issue finality criteria in 10 CFR part 52 are
met.
IX. 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
31885).
X. Environmental Assessment and Final Finding of No Significant
Environmental Impact
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51, that this rule, if adopted, would not be a
major Federal action significantly affecting the quality of the human
environment and, therefore, an environmental impact statement is not
required.
The determination of this environmental assessment is that there
will be no significant effect on the quality of the human environment
from this action.
As voluntary alternatives to the ASME Code, NRC-approved code cases
provide an equivalent level of safety. Therefore, the probability or
consequences of accidents is not changed. There also are no
significant, non-radiological impacts associated with this action
because no changes would be made affecting non-radiological plant
effluents and because no changes would be made in activities that would
adversely affect the environment. The determination of this
environmental assessment is that there would be no significant offsite
impact to the public from this action.
XI. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). Existing collections of information were approved by the
Office of Management and Budget (OMB), approval numbers 3150-0011,
3150-0151, and 3150-0264.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XII. Regulatory Planning and Review (Executive Order 12866)
Executive Order (E.O.) 12866, as amended by E.O. 14215, provides
that the Office of Information and Regulatory Affairs (OIRA) will
determine whether a regulatory action is significant as defined by E.O.
12866 and will review all significant regulatory actions. OIRA
determined that this direct final rule is
[[Page 46325]]
not a significant regulatory action under E.O. 12866.
XIII. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). OMB has found that it does not meet the
criteria at 5 U.S.C. 804(2).
XIV. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless using such a standard is inconsistent with
applicable law or is otherwise impractical. In this final rule, the NRC
is continuing to use the ASME BPV and OM code cases, which are ASME
approved voluntary alternatives to compliance with various provisions
of the ASME BPV and OM Codes. The NRC's approval of the ASME code cases
is accomplished by amending the NRC's regulations to incorporate by
reference RG 1.262, Revision 0. The RG lists ASME code cases that the
NRC has approved for use without conditions. The ASME code cases are
voluntary consensus standards as described in the National Technology
Transfer and Advancement Act of 1995 and defined in OMB Circular A-119.
The ASME code cases constitute voluntary consensus standards, in which
all interested parties (including the NRC and licensees of nuclear
power plants) participate.
XV. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC is incorporating by reference RG 1.262, Revision 0, which
lists ASME code cases that the NRC has approved for use without
conditions as voluntary alternatives to certain provisions of NRC-
required editions and addenda of the ASME BPV and OM Codes.
The NRC is required by law to obtain approval for incorporation by
reference from the Office of the Federal Register (OFR). The OFR's
requirements for incorporation by reference are set forth in 1 CFR part
51. The discussion in this section complies with the requirement for
rules as set forth in 1 CFR 51.5(b)(2).
The NRC considers ``interested parties'' to include all potential
NRC stakeholders, not only the individuals and entities regulated or
otherwise subject to the NRC's regulatory oversight. These NRC
stakeholders are not a homogenous group, so the considerations for
determining ``reasonable availability'' vary by class of interested
parties. The NRC identified six classes of interested parties with
regard to the material to be incorporated by reference in an NRC rule:
Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight. This class includes
applicants and potential applicants for licenses and other NRC
regulatory approvals, and who are subject to the material to be
incorporated by reference. In this context, ``small entities'' has the
same meaning as set out in 10 CFR 2.810.
Large entities otherwise subject to the NRC's regulatory
oversight. This class includes applicants and potential applicants for
licenses and other NRC regulatory approvals, and who are subject to the
material to be incorporated by reference. In this context, a ``large
entity'' is one that does not qualify as a ``small entity'' under 10
CFR 2.810.
Non-governmental organizations with institutional
interests in matters regulated by the NRC.
Other Federal agencies, States, local governmental bodies
(within the meaning of 10 CFR 2.315(c)).
Federally recognized and State-recognized Indian tribes.
Members of the general public (i.e., individual,
unaffiliated members of the public who are not regulated or otherwise
subject to the NRC's regulatory oversight) who need access to the
materials that the NRC is incorporating by reference in order to
participate in the rulemaking.
The RG that the NRC is incorporating by reference in this final
rule is available without cost and can be accessed from the NRC's
public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/index.html. The RG can be viewed, by appointment, at the PDR,
where you may examine and order copies of publicly available documents.
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.
Because access to the RG is available in various forms at no cost,
the NRC determines that the RG is reasonably available to all
interested parties. Additionally, as discussed in the ``Availability of
Documents'' section of this document, the ASME code cases listed in RG
1.262 are being made available concurrently with the publication of
this direct final rule.
Table II--Material To Be Incorporated by Reference in 10 CFR 50.55a
----------------------------------------------------------------------------------------------------------------
Document ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
RG 1.262, ASME Code Cases Approved for Use Without ML25091A013.
Conditions, Revision 0, July 2025.
----------------------------------------------------------------------------------------------------------------
XVI. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
Table III--Availability of Documents
----------------------------------------------------------------------------------------------------------------
ADAMS accession No./web link/Federal Register
Document citation
----------------------------------------------------------------------------------------------------------------
SRM-SECY-21-0029, Rulemaking Plan on Relaxation of ML21312A490.
Inservice Testing and Inservice Inspection Program Update
Frequencies Required in 10 CFR 50.55a, November 8, 2021.
RG 1.262, ASME Code Cases Approved for Use Without ML25091A013.
Conditions, Revision 0, July 2025.
RG 1.84, Design, Fabrication, and Materials Code Case ML23291A008.
Acceptability, ASME Section III, Revision 40, March 2024.
RG 1.147, Inservice Inspection Code Case Acceptability, ML23291A003.
ASME Section XI, Division 1, Revision 21, March 2024.
[[Page 46326]]
RG 1.192, Operation and Maintenance Code Case ML23291A006.
Acceptability, ASME OM Code, Revision 5, March 2024.
RG 1.193, ASME Code Cases Not Approved for Use, Revision ML23291A007.
8, March 2024.
ASME, ``ASME Request for Including Specific Code Cases in ML24296A006.
Draft Revision 22 of Regulatory Guide 1.147 and Draft
Revision 1 of Regulatory Guide 1.246,'' October 18, 2024.
ASME Codes and Standards, Operation and Maintenance of https://cstools.asme.org/csconnect/
Nuclear Power Plants (OM) Code Cases. CommitteePages.cfm?Committee=O10300000&Action=26676
.
----------------------------------------------------------------------------------------------------------------
The ASME OM code case that the NRC is approving as an alternative
to certain provisions of the ASME OM Code, as set forth in Table I of
this notice, is available for read-only access at the URL listed in
Table III. The ASME is making the BPV code cases listed in Table I of
this notice available for limited, read-only access at the request of
the NRC at https://go.asme.org/NRC-ASME-CC. The NRC believes that
stakeholders need to be able to read these code cases in order to fully
understand the scope of this direct final rule, which will incorporate
RG 1.262 by reference into 10 CFR 50.55a, and so the NRC has requested
that the ASME provide reasonable access to the code cases listed in RG
1.262 for a limited duration.
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0163.
List of Subjects in 10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, Fire prevention, Fire protection, Incorporation by reference,
Intergovernmental relations, Nuclear power plants and reactors,
Penalties, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements, Whistleblowing.
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 of 1954, secs. 11, 101, 102, 103,
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186,
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135,
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236,
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.
0
2. Amend Sec. 50.55a by:
0
a. Revising the introductory text of paragraph (a)(3);
0
b. Revising paragraph (a)(3)(iv);
0
c. Adding paragraph (a)(3)(v); and
0
d. Revising paragraphs (b)(2)(xxxiv)(A)(2); (b)(3)(ii)(C); (b)(4), (5),
and (6); (c)(3)(iv); (d)(2)(iii); (e)(2)(iii); (f)(2),(3), and (4);
(g)(2), (3), and (4); and (g)(6)(ii)(F)(2)(iii).
The revisions and addition read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(3) U.S. Nuclear Regulatory Commission (NRC): Public Document Room,
11555 Rockville Pike, Rockville, Maryland 20852; telephone: 1-800-397-
4209; email: [email protected]; https://www.nrc.gov/reading-rm/doc-collections/reg-guides/. The use of code cases listed in the NRC
regulatory guides in paragraphs (a)(3)(i) through (iv) of this section
is acceptable with the specified conditions in those guides when
implementing the editions and addenda of the ASME BPV Code and ASME OM
Code incorporated by reference in paragraph (a)(1) of this section. The
NRC report in paragraph (a)(3)(v) of this section is acceptable as
specified in the conditions when implementing code cases listed in the
NRC regulatory guides in paragraphs (a)(3)(i) through (iii) of this
section.
* * * * *
(iii) * * *
(iv) NRC Regulatory Guide 1.262, Revision 0. NRC Regulatory Guide
1.262, Revision 0, ``ASME Code Cases Approved for Use Without
Conditions,'' issued July 2025, which lists ASME Code Cases that the
NRC has approved in accordance with the requirements in paragraphs
(b)(4), (5), and (6) of this section.
(v) NUREG-2228. NUREG-2228, ``Weld Residual Stress Finite Element
Analysis Validation: Part II--Proposed Validation Procedure,''
published July 2020 (including Errata September 22, 2021), which is
referenced in RG 1.147, Revision 21.
* * * * *
(b) * * *
(2) * * *
(xxxiv) * * *
(A) * * *
(2) In lieu of the appendix referenced in paragraph U-S1-4.2.1(c)
of Appendix U, an approved version of the ASME BPV Code Case N-513 must
be used in accordance with the appropriate NRC regulatory guides, as
incorporated by reference in paragraph (a)(3) of this section, at the
time the case was incorporated into the licensee's program.
* * * * *
(3) * * *
(ii) * * *
(C) MOV risk categorization. When applying Appendix III to the ASME
OM Code, licensees shall categorize MOVs according to their safety
significance using the methodology described in ASME OM Code Case OMN-
3, ``Requirements for Safety Significance Categorization of Components
Using Risk Insights for Inservice Testing of LWR Power Plants,''
subject to the conditions applicable to OMN-3 which are set forth in
the appropriate NRC regulatory guides, as incorporated by reference in
paragraph (a)(3) of this section, or using an MOV risk ranking
methodology accepted by the NRC on a plant-specific or industry-wide
basis in accordance with the conditions in the applicable safety
evaluation.
* * * * *
(4) Conditions on Design, Fabrication, and Materials Code Cases.
Each manufacturing license, standard design
[[Page 46327]]
approval, and design certification application under part 52 of this
chapter is subject to the following conditions. Applicants and
licensees may apply the ASME BPV Code Cases listed in NRC Regulatory
Guide 1.84 and Table 1 of NRC Regulatory Guide 1.262, as incorporated
by reference in paragraph (a)(3) of this section, without prior NRC
approval, subject to the following conditions:
(i) Design, Fabrication, and Materials Code Case condition:
Applying Code Cases. When an applicant or licensee initially applies a
listed Code Case, the applicant or licensee must apply the most recent
version of that Code Case incorporated by reference in paragraph (a) of
this section.
(ii) Design, Fabrication, and Materials Code Case condition:
Applying different revisions of Code Cases. If an applicant or licensee
has previously applied a Code Case and a later version of the Code Case
is incorporated by reference in paragraph (a) of this section, the
applicant or licensee may continue to apply the previous version of the
Code Case as authorized or may apply the later version of the Code
Case, including any NRC-specified conditions placed on its use, until
it updates its Code of Record for the component being constructed.
(iii) Design, Fabrication, and Materials Code Case condition:
Applying annulled Code Cases. Application of an annulled Code Case is
prohibited unless an applicant or licensee applied the listed Code Case
prior to it being listed as annulled in an NRC regulatory guide, as
incorporated by reference in paragraph (a)(3) of this section. If an
applicant or licensee has applied a listed Code Case that is later
listed as annulled in an NRC regulatory guide, as incorporated by
reference in paragraph (a)(3) of this section, the applicant or
licensee may continue to apply the Code Case until it updates its Code
of Record for the component being constructed.
(5) Conditions on inservice inspection Code Cases. Licensees may
apply the ASME BPV Code Cases listed in NRC Regulatory Guide 1.147 and
Table 2 of NRC Regulatory Guide 1.262, as incorporated by reference in
paragraph (a)(3) of this section, without prior NRC approval, subject
to the following conditions:
(i) ISI Code Case condition: Applying Code Cases. When a licensee
initially applies a listed Code Case, the licensee must apply the most
recent version of that Code Case incorporated by reference in paragraph
(a) of this section.
(ii) ISI Code Case condition: Applying different revisions of Code
Cases. If a licensee has previously applied a Code Case and a later
version of the Code Case is incorporated by reference in paragraph (a)
of this section, the licensee may continue to apply, to the end of the
current code of record interval, the previous version of the Code Case,
as authorized, or may apply the later version of the Code Case,
including any NRC-specified conditions placed on its use. Licensees who
choose to continue use of the Code Case during subsequent code of
record intervals will be required to implement the latest version as
incorporated by reference in paragraph (a)(3) of this section.
(iii) ISI Code Case condition: Applying annulled Code Cases.
Application of an annulled Code Case is prohibited unless a licensee
previously applied the listed Code Case prior to it being listed as
annulled in an NRC regulatory guide, as incorporated by reference in
paragraph (a)(3) of this section. If a licensee has applied a listed
Code Case that is later listed as annulled in an NRC regulatory guide,
as incorporated by reference in paragraph (a)(3) of this section, the
licensee may continue to apply the Code Case to the end of the current
code of record interval.
(6) Conditions on ASME OM Code Cases. Licensees may apply the ASME
OM Code Cases listed in NRC Regulatory Guide 1.192 and Table 3 of NRC
Regulatory Guide 1.262, as incorporated by reference in paragraph
(a)(3) of this section, without prior NRC approval, subject to the
following conditions:
(i) OM Code Case condition: Applying Code Cases. When a licensee
initially applies a listed Code Case, the licensee must apply the most
recent version of that Code Case incorporated by reference in paragraph
(a) of this section.
(ii) OM Code Case condition: Applying different revisions of Code
Cases. If a licensee has previously applied a Code Case and a later
version of the Code Case is incorporated by reference in paragraph (a)
of this section, the licensee may continue to apply, to the end of the
current code of record interval, the previous version of the Code Case,
as authorized, or may apply the later version of the Code Case,
including any NRC-specified conditions placed on its use. Licensees who
choose to continue use of the Code Case during subsequent code of
record intervals will be required to implement the latest version as
incorporated by reference in paragraph (a)(3) of this section.
(iii) OM Code Case condition: Applying annulled Code Cases.
Application of an annulled Code Case is prohibited unless a licensee
previously applied the listed Code Case prior to it being listed as
annulled in an NRC regulatory guide, as incorporated by reference in
paragraph (a)(3) of this section. If a licensee has applied a listed
Code Case that is later listed as annulled in an NRC regulatory guide,
as incorporated by reference in paragraph (a)(3) of this section, the
licensee may continue to apply the Code Case to the end of the current
code of record interval.
(c) * * *
(3) * * *
(iv) Reactor coolant pressure boundary condition: Use of Code
Cases. The optional Code Cases applied to a component must be those
listed in the appropriate NRC regulatory guides, as incorporated by
reference in paragraph (a)(3) of this section.
* * * * *
(d) * * *
(2) * * *
(iii) Quality Group B condition: Use of Code Cases. The optional
Code Cases must be those listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section.
(e) * * *
(2) * * *
(iii) Quality Group C condition: Use of Code Cases. The optional
Code Cases must be those listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section.
(f) * * *
(2) Design and accessibility requirements for performing inservice
testing in plants with CPs issued between 1971 and 1974. For a boiling
or pressurized water-cooled nuclear power facility whose construction
permit was issued on or after January 1, 1971, but before July 1, 1974,
pumps and valves that are classified as ASME BPV Code Class 1 and Class
2 must be designed and provided with access to enable the performance
of inservice tests for operational readiness set forth in editions and
addenda of Section XI of the ASME BPV Code incorporated by reference in
paragraph (a)(1)(ii) of this section (or the optional ASME Code Cases
listed in the appropriate NRC regulatory guides, as incorporated by
reference in paragraph (a)(3) of this section) in effect 6 months
before the date of issuance of the construction permit. The pumps and
valves may meet the inservice test requirements set forth in subsequent
editions of this Code
[[Page 46328]]
and addenda that are incorporated by reference in paragraph (a)(1)(ii)
of this section (or the optional ASME Code Cases listed in the
appropriate NRC regulatory guides, as incorporated by reference in
paragraph (a)(3) of this section), subject to the applicable conditions
listed therein.
(3) Design and accessibility requirements for performing inservice
testing in plants with CPs issued after 1974. For a boiling or
pressurized water-cooled nuclear power facility whose construction
permit under this part or design approval, design certification,
combined license, or manufacturing license under part 52 of this
chapter was issued on or after July 1, 1974:
(i)-(ii) [Reserved]
(iii) IST design and accessibility requirements: Class 1 pumps and
valves.
(A) Class 1 pumps and valves: First provision. In facilities whose
construction permit was issued before November 22, 1999, pumps and
valves that are classified as ASME BPV Code Class 1 must be designed
and provided with access to enable the performance of inservice testing
of the pumps and valves for assessing operational readiness set forth
in the editions and addenda of Section XI of the ASME BPV Code
incorporated by reference in paragraph (a)(1)(ii) of this section (or
the optional ASME Code Cases listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section) applied to the construction of the particular pump or valve or
the summer 1973 Addenda, whichever is later.
(B) Class 1 pumps and valves: Second provision. In facilities whose
construction permit under this part, or design certification, design
approval, combined license, or manufacturing license under part 52 of
this chapter, issued on or after November 22, 1999, pumps and valves
that are classified as ASME BPV Code Class 1 must be designed and
provided with access to enable the performance of inservice testing of
the pumps and valves for assessing operational readiness set forth in
editions and addenda of the ASME OM Code (or the optional ASME OM Code
Cases listed in the appropriate NRC regulatory guides, as incorporated
by reference in paragraph (a)(3) of this section), incorporated by
reference in paragraph (a)(1)(iv) of this section at the time the
construction permit, combined license, manufacturing license, design
certification, or design approval is issued.
(iv) IST design and accessibility requirements: Class 2 and 3 pumps
and valves.
(A) Class 2 and 3 pumps and valves: First provision. In facilities
whose construction permit was issued before November 22, 1999, pumps
and valves that are classified as ASME BPV Code Class 2 and Class 3
must be designed and be provided with access to enable the performance
of inservice testing of the pumps and valves for assessing operational
readiness set forth in the editions and addenda of Section XI of the
ASME BPV Code incorporated by reference in paragraph (a)(1)(ii) of this
section (or the optional ASME BPV Code Cases listed in the appropriate
NRC regulatory guides, as incorporated by reference in paragraph (a)(3)
of this section) applied to the construction of the particular pump or
valve or the Summer 1973 Addenda, whichever is later.
(B) Class 2 and 3 pumps and valves: Second provision. In facilities
whose construction permit under this part, or design certification,
design approval, combined license, or manufacturing license under part
52 of this chapter, issued on or after November 22, 1999, pumps and
valves that are classified as ASME BPV Code Class 2 and 3 must be
designed and provided with access to enable the performance of
inservice testing of the pumps and valves for assessing operational
readiness set forth in editions and addenda of the ASME OM Code (or the
optional ASME OM Code Cases listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section), incorporated by reference in paragraph (a)(1)(iv) of this
section at the time the construction permit, combined license, or
design certification is issued.
(v) IST design and accessibility requirements: Meeting later IST
requirements. All pumps and valves may meet the test requirements set
forth in subsequent editions of codes and addenda or portions thereof
that are incorporated by reference in paragraph (a) of this section,
subject to the conditions listed in paragraph (b) of this section.
(4) Inservice testing standards requirement for operating plants.
Throughout the service life of a boiling or pressurized water-cooled
nuclear power facility, pumps and valves that are within the scope of
the ASME OM Code must meet the inservice test requirements (except
design and access provisions) set forth in the ASME OM Code and addenda
that become effective subsequent to editions and addenda specified in
paragraphs (f)(2) and (3) of this section and that are incorporated by
reference in paragraph (a)(1)(iv) of this section, to the extent
practical within the limitations of design, geometry, and materials of
construction of the components. The inservice test requirements for
pumps and valves that are within the scope of the ASME OM Code but are
not classified as ASME BPV Code Class 1, Class 2, or Class 3 may be
satisfied as an augmented IST program. This use of an augmented IST
program is acceptable without prior NRC approval provided the basis for
deviations from the ASME OM Code, as incorporated by reference in this
section, demonstrates an acceptable level of quality and safety, or
that implementing the Code provisions would result in hardship or
unusual difficulty without a compensating increase in the level of
quality and safety, where documented and available for NRC review. When
using the 2006 Addenda or later of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the applicable ASME OM Code as specified in
paragraph (b)(3)(v)(B) of this section. When using the 2005 Addenda or
earlier edition or addenda of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in either the applicable ASME OM Code or ASME
BPV Code, Section XI as specified in paragraph (b)(3)(v) of this
section.
(i) Applicable IST Code: Initial code of record interval. Inservice
tests to verify operational readiness of pumps and valves, whose
function is required for safety, conducted during the initial code of
record interval must comply with the requirements in the latest edition
and addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section on the date no more than 18 months before
the date of issuance of the operating license under this part, or no
more than 18 months before the date scheduled for initial loading of
fuel under a combined license under part 52 of this chapter (or the
optional ASME OM Code Cases listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section, subject to the conditions listed in paragraph (b) of this
section).
(ii) Applicable IST Code: Successive code of record intervals.
Inservice tests to verify operational readiness of pumps and valves,
whose function is required for safety, conducted during successive code
of record intervals must comply with the requirements of the latest
edition and addenda of the ASME OM Code incorporated by reference in
[[Page 46329]]
paragraph (a)(1)(iv) of this section no more than18 months before the
start of the code of record interval (or the optional ASME Code Cases
listed in the appropriate NRC regulatory guides, as incorporated by
reference in paragraph (a)(3) of this section), subject to the
conditions listed in paragraph (b) of this section.
(iii) [Reserved]
(iv) Applicable IST Code: Use of later Code editions and addenda.
Inservice tests of pumps and valves may meet the requirements set forth
in subsequent editions and addenda that are incorporated by reference
in paragraph (a)(1)(iv) of this section, subject to the conditions
listed in paragraph (b) of this section, and subject to NRC approval.
Portions of editions or addenda may be used, provided that all related
requirements of the respective editions or addenda are met. NRC
approval is not required when updating the IST code of record before
the start of an IST interval in which the updated IST code of record
will be used and when using the latest edition incorporated by
reference in (a)(1)(iv) of this section in its entirety, subject to the
conditions listed in paragraph (b) of this section (or the optional
ASME Code Cases listed in the appropriate NRC regulatory guides, as
incorporated by reference in paragraph (a)(3) of this section).
* * * * *
(g) * * *
(2) Accessibility requirements--(i) Accessibility requirements for
plants with CPs issued between 1971 and 1974. For a boiling or
pressurized water-cooled nuclear power facility whose construction
permit was issued on or after January 1, 1971, but before July 1, 1974,
components that are classified as ASME BPV Code Class 1 and Class 2 and
supports for components that are classified as ASME BPV Code Class 1
and Class 2 must be designed and be provided with the access necessary
to perform the required preservice and inservice examinations set forth
in editions and addenda of Section III or Section XI of the ASME BPV
Code incorporated by reference in paragraph (a)(1) of this section (or
the optional ASME BPV Code Cases listed in the appropriate NRC
regulatory guides, as incorporated by reference in paragraph (a)(3) of
this section) in effect 6 months before the date of issuance of the
construction permit.
(ii) Accessibility requirements for plants with CPs issued after
1974. For a boiling or pressurized water-cooled nuclear power facility,
whose construction permit under this part, or design certification,
design approval, combined license, or manufacturing license under part
52 of this chapter, was issued on or after July 1, 1974, components
that are classified as ASME BPV Code Class 1, Class 2, and Class 3 and
supports for components that are classified as ASME BPV Code Class 1,
Class 2, and Class 3 must be designed and provided with the access
necessary to perform the required preservice and inservice examinations
set forth in editions and addenda of Section III or Section XI of the
ASME BPV Code incorporated by reference in paragraph (a)(1) of this
section (or the optional ASME BPV Code Cases listed in the appropriate
NRC regulatory guides, as incorporated by reference in paragraph (a)(3)
of this section) applied to the construction of the particular
component.
(iii) Accessibility requirements: Meeting later Code requirements.
All components (including supports) may meet the requirements set forth
in subsequent editions of codes and addenda or portions thereof that
are incorporated by reference in paragraph (a) of this section, subject
to the conditions listed therein.
(3) Preservice examination requirements--(i) Preservice examination
requirements for plants with CPs issued between 1971 and 1974. For a
boiling or pressurized water-cooled nuclear power facility whose
construction permit was issued on or after January 1, 1971, but before
July 1, 1974, components that are classified as ASME BPV Code Class 1
and Class 2 and supports for components that are classified as ASME BPV
Code Class 1 and Class 2 must meet the preservice examination
requirements set forth in editions and addenda of Section III or
Section XI of the ASME BPV Code incorporated by reference in paragraph
(a)(1) of this section (or the optional ASME BPV Code Cases listed in
the appropriate NRC regulatory guides, as incorporated by reference in
paragraph (a)(3) of this section) in effect 6 months before the date of
issuance of the construction permit.
(ii) Preservice examination requirements for plants with CPs issued
after 1974. For a boiling or pressurized water-cooled nuclear power
facility, whose construction permit under this part, or design
certification, design approval, combined license, or manufacturing
license under part 52 of this chapter, was issued on or after July 1,
1974, components that are classified as ASME BPV Code Class 1, Class 2,
and Class 3 and supports for components that are classified as ASME BPV
Code Class 1, Class 2, and Class 3 must meet the preservice examination
requirements set forth in the editions and addenda of Section III or
Section XI of the ASME BPV Code incorporated by reference in paragraph
(a)(1) of this section (or the optional ASME BPV Code Cases listed in
the appropriate NRC regulatory guides, as incorporated by reference in
paragraph (a)(3) of this section) applied to the construction of the
particular component.
(iii)-(iv) [Reserved]
(v) Preservice examination requirements: Meeting later Code
requirements. All components (including supports) may meet the
requirements set forth in subsequent editions of codes and addenda or
portions thereof that are incorporated by reference in paragraph (a) of
this section, subject to the conditions listed therein.
(4) Inservice inspection standards requirement for operating
plants. Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility, components (including supports) that are
classified as ASME BPV Code Class 1, Class 2, and Class 3 must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of editions and
addenda of the ASME BPV Code that become effective subsequent to
editions specified in paragraphs (g)(2) and (3) of this section and
that are incorporated by reference in paragraph (a)(1)(ii) or (iv) of
this section for snubber examination and testing of this section, to
the extent practical within the limitations of design, geometry, and
materials of construction of the components. Components that are
classified as Class MC pressure retaining components and their integral
attachments, and components that are classified as Class CC pressure
retaining components and their integral attachments, must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of the ASME BPV Code
and addenda that are incorporated by reference in paragraph (a)(1)(ii)
of this section subject to the condition listed in paragraph (b)(2)(vi)
of this section and the conditions listed in paragraphs (b)(2)(viii)
and (ix) of this section, to the extent practical within the limitation
of design, geometry, and materials of construction of the components.
When using the 2006 Addenda or later of the ASME BPV Code, Section XI,
the inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the applicable ASME OM Code as specified in
paragraph (b)(3)(v)(B) of this section.
[[Page 46330]]
When using the 2005 Addenda or earlier edition or addenda of the ASME
BPV Code, Section XI, the inservice examination, testing, and service
life monitoring requirements for dynamic restraints (snubbers) must
meet the requirements set forth in either the applicable ASME OM Code
or ASME BPV Code, Section XI as specified in paragraph (b)(3)(v) of
this section.
(i) Applicable ISI Code: Initial code of record interval. Inservice
examination of components and system pressure tests conducted during
the initial code of record interval must comply with the requirements
in the latest edition and addenda of the ASME BPV Code incorporated by
reference in paragraph (a) of this section on the date no more than 18
months before the date of issuance of the operating license under this
part, or no more than 18 months before the date scheduled for initial
loading of fuel under a combined license under part 52 of this chapter
(or the optional ASME Code Cases listed in the appropriate NRC
regulatory guides, as incorporated by reference in paragraph (a)(3) of
this section), subject to the conditions listed in paragraph (b) of
this section. Licensees may, at any time in their code of record
interval, elect to use the Appendix VIII in the latest edition and
addenda of the ASME BPV Code incorporated by reference in paragraph (a)
of this section, subject to any applicable conditions listed in
paragraph (b) of this section. Licensees using this option must also
use the same edition and addenda of Appendix I, Subarticle I-3200, as
Appendix VIII, including any applicable conditions listed in paragraph
(b) of this section.
(ii) Applicable ISI Code: Successive code of record intervals.
Inservice examination of components and system pressure tests conducted
during successive code of record intervals must comply with the
requirements of the latest edition and addenda of the ASME BPV Code
incorporated by reference in paragraph (a) of this section no more than
18 months before the start of the code of record interval (or the
optional ASME Code Cases listed in the appropriate NRC regulatory
guides, as incorporated by reference in paragraph (a)(3) of this
section), subject to the conditions listed in paragraph (b) of this
section. However, a licensee whose inservice inspection interval
commences during the 12 through 18-month period after September 30,
2024, may delay the update of their Appendix VIII program by up to 18
months after September 30, 2024. Alternatively, licensees may, at any
time in their code of record interval, elect to use the Appendix VIII
in the latest edition and addenda of the ASME BPV Code incorporated by
reference in paragraph (a) of this section, subject to any applicable
conditions listed in paragraph (b) of this section. Licensees using
this option must also use the same edition and addenda of Appendix I,
Subarticle I-3200, as Appendix VIII, including any applicable
conditions listed in paragraph (b) of this section.
(iii) Applicable ISI Code: Optional surface examination
requirement. When applying editions and addenda prior to the 2003
Addenda of Section XI of the ASME BPV Code, licensees may, but are not
required to, perform the surface examinations of high-pressure safety
injection systems specified in Table IWB-2500-1, Examination Category
B-J, Item Numbers B9.20, B9.21, and B9.22.
(iv) Applicable ISI Code: Use of subsequent Code editions and
addenda. Inservice examination of components and system pressure tests
may meet the requirements set forth in subsequent editions and addenda
that are incorporated by reference in paragraph (a) of this section,
subject to the conditions listed in paragraph (b) of this section, and
subject to Commission approval. Portions of editions or addenda may be
used, provided that all related requirements of the respective editions
or addenda are met. NRC approval is not required when updating the ISI
code of record before the start of an ISI interval in which the updated
ISI code of record will be used and when using the latest edition
incorporated by reference in (a)(1)(iv) of this section in its
entirety, subject to the conditions listed in paragraph (b) of this
section (or the optional ASME Code Cases listed in the appropriate NRC
regulatory guides, as incorporated by reference in paragraph (a)(3) of
this section).
(v) Applicable ISI Code: Metal and concrete containments. For a
boiling or pressurized water-cooled nuclear power facility whose
construction permit under this part or combined license under part 52
of this chapter was issued after January 1, 1956, the following are
required:
(A) Metal and concrete containments: First provision. Metal
containment pressure retaining components and their integral
attachments must meet the inservice inspection, repair, and replacement
requirements applicable to components that are classified as ASME Code
Class MC;
(B) Metal and concrete containments: Second provision. Metallic
shell and penetration liners that are pressure retaining components and
their integral attachments in concrete containments must meet the
inservice inspection, repair, and replacement requirements applicable
to components that are classified as ASME Code Class MC; and
(C) Metal and concrete containments: Third provision. Concrete
containment pressure retaining components and their integral
attachments, and the post-tensioning systems of concrete containments,
must meet the inservice inspections, repair, and replacement
requirements applicable to components that are classified as ASME Code
Class CC.
* * * * *
(6) * * *
(ii) * * *
(F) * * *
(2) * * *
(iii) Other mitigated welds shall be identified as the appropriate
inspection item of the NRC authorized alternative or NRC-approved code
case for the mitigation type in the appropriate NRC regulatory guides,
as incorporated by reference in paragraph (a)(3) of this section.
* * * * *
Dated: September 2, 2025.
For the Nuclear Regulatory Commission.
Gregory Bowman,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2025-18769 Filed 9-25-25; 8:45 am]
BILLING CODE 7590-01-P