37722 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Proposed Rules 

and licensees, and applicants for 

standard design certifications, and 

standard design approvals to use the 

Code Cases listed in these three DGs as 

alternatives to requirements in those 

Editions and Addenda of the ASME 

BPV and OM Codes which the NRC has 

incorporated by reference into 10 CFR 

50.55a. 

III. Description of Draft Regulatory 

Guides 

Code Cases provide ASME approved 

voluntary alternatives to the BPV and 

OM Codes. The DGs are incorporated by 

reference in 10 CFR 50.55a. The NRCapproved Code Cases provide an 

acceptable voluntary alternative to the 

mandatory ASME Code provisions, but 

all of the provisions of a Code Case must 

be used, with any identified limitations 

or modifications, if implemented by an 

applicant or licensee. The NRC 

approves Code Cases in the three DGs 

described below regarding the 

construction, in-service inspection, and 

in-service testing of nuclear power plant 

components. 

The DG entitled, ‘‘Design, Fabrication 

and Materials Code Case Acceptability, 

ASME Section III,’’ is temporarily 

identified by its task number, DG–1230 

(ADAMS Accession No. ML102590003). 

The DG–1230 is proposed Revision 36 

of Regulatory Guide 1.84. Revision 35 of 

Regulatory Guide 1.84 was published in 

October 2010 (ADAMS Accession No. 

ML101800532). 

The DG entitled, ‘‘Inservice 

Inspection Code Case Acceptability, 

ASME Section XI, Division1,’’ is 

temporarily identified by its task 

number, DG–1231 (ADAMS Accession 

No. ML102590004). The DG–1231 is 

proposed Revision 17 of Regulatory 

Guide 1.147. Revision 16 of Regulatory 

Guide 1.147 was published in October 

2010 (ADAMS Accession No. 

ML101800536). 

The DG entitled, ‘‘Operation and 

Maintenance code Case, Acceptability, 

ASME OM Code,’’ is temporarily 

identified by its task number, DG–1232 

(ADAMS Accession No. ML102600001). 

The DG–1232 is proposed Revision 1 of 

Regulatory Guide 1.192. Revision 0 of 

Regulatory Guide 1.192 was published 

in June 2003 (ADAMS Accession No. 

ML030730430). 

The DG–1230 lists the new and 

revised ASME BPV Section III, ‘‘Rules 

for Construction of Nuclear Power Plant 

Components,’’ Code Cases that the NRC 

has approved for use. The DG–1231 lists 

the new and revised ASME BPV Section 

XI, ‘‘Rules for Inservice Inspection of 

Nuclear Power Plant Components,’’ 

Code Cases that the NRC has approved 

for use. The new and revised OM Code 

Cases that the NRC has approved for use 

are listed in DG–1232, ‘‘Operation and 

Maintenance Code Case Acceptability, 

ASME OM Code.’’ For these regulatory 

guide revisions, the NRC reviewed the 

Code Cases listed in Supplements 1 

through 10 to the 2007 Edition of the 

ASME BPV Code and the 2002 through 

2006 Addenda of OM Code. 

IV. Regulatory Analysis 

The regulatory analysis for the 

underlying proposed rule also addresses 

these three DGs. Therefore, the NRC did 

not prepare a separate regulatory 

analysis for these DGs. The NRC is 

proposing to incorporate by reference 

these DGs into 10 CFR 50.55a, ‘‘Codes 

and standards’’ in of the aforementioned 

proposed rulemaking published 

elsewhere in the Proposed Rules section 

of today’s Federal Register. 

V. Backfitting and Issue Finality 

These regulatory guides would 

approve for use (at the option of nuclear 

power plant applicants and licensees) 

the ASME Code Cases listed in the 

applicable regulatory guide. In some 

cases, the NRC’s approval is 

conditioned on meeting certain 

requirements or prerequisites 

(‘‘conditions’’). The NRC is proposing to 

incorporate by reference these DGs, with 

conditions, into 10 CFR 50.55a, Codes 

and standards, in the aforementioned 

proposed rulemaking published 

elsewhere in the Proposed Rules section 

of today’s Federal Register. 

These DGs, if finalized, do not 

constitute backfitting as defined in 10 

CFR 50.109 (the Backfit Rule) and are 

not otherwise inconsistent with the 

issue finality provisions in 10 CFR Part 

52, ‘‘Licenses, Certifications and 

Approvals for Nuclear Power Plants.’’ 

The backfitting and issue finality 

considerations for these regulatory 

guides are addressed in the Federal 

Register notice for the underlying 

proposed rule, and introduces no new 

backfitting or issue finality matters not 

already addressed in that Federal 

Register notice. Therefore, the NRC’s 

consideration of backfitting and issue 

finality matters for the underlying 

proposed rule also serves as the NRC’s 

consideration of the same backfitting 

and issue finality matters for the 

issuance of these DGs. 

In addition, these DGs identify NRCapproved ASME Code Cases which 

applicants and licensees may 

voluntarily utilize as way of meeting the 

NRC requirements in 10 CFR 50.55a. An 

applicant’s and/or licensees’ voluntary 

application of an approved Code Case 

does not constitute backfitting, 

inasmuch as 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 NRC imposition of a 

requirement or action which is 

inconsistent with any issue finality 

provision in 10 CFR Part 52. Therefore, 

the NRC concludes that these DGs, if 

finalized, do not constitute backfitting 

as defined in 10 CFR 50.109 and are not 

otherwise inconsistent with the issue 

finality provisions in 10 CFR Part 52. 

Dated at Rockville, Maryland, this 29th day 

of May, 2013. 

For the Nuclear Regulatory Commission. 

Thomas H. Boyce, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. 2013–15021 Filed 6–21–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No.: FAA–2013–0142; Notice No. 

25–139] 

RIN 2120–AK12 

Harmonization of Airworthiness 

Standards—Gust and Maneuver Load 

Requirements 

Correction 

In proposed rule document 2013– 

12445 appearing on pages 31851–31860 

in the issue of Tuesday, May 28, 2013, 

make the following corrections: 

§ 25.341 [Corrected] 

1. On page 31858, in § 25.341, in the 

second column, in the twelfth line from 

the bottom, ‘‘Uσρεφ’’ should read 

‘‘Uσρεφ’’. 

2. On the same page, in the same 

section, in the same column, in the 

same line, ‘‘Us’’ should read ‘‘Uσ’’. 

3. On the same page, in the same 

section, in the same column, in the 

tenth and third lines from the bottom, 

‘‘Us’’ should read ‘‘Uσ’’. 

[FR Doc. C1–2013–12445 Filed 6–21–13; 8:45 am] 

BILLING CODE 1505–01–D 

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