This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

2525 

Vol. 83, No. 12 

Thursday, January 18, 2018 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[NRC–2011–0088] 

RIN 3150–AI97 

Incorporation by Reference of 

American Society of Mechanical 

Engineers Codes and Code Cases; 

Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Correcting amendment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) published a final 

rule in the Federal Register on July 18, 

2017, to incorporate by reference recent 

editions of and addenda to the 

American Society of Mechanical 

Engineers (ASME) Codes for nuclear 

power plants. The final rule contained 

a minor error when referring to a table 

related to certification requirements for 

non-destructive examination personnel. 

In addition, the final rule contained a 

minor error in a requirement for check 

valve monitoring. This document 

corrects the final rule by revising the 

section that contains these errors. 

DATES: This correction is effective 

January 18, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0088 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–2011–0088. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. There 

are no NRC documents referenced in 

this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3280; email: Cindy.Bladey@

nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

published a final rule in the Federal 

Register on July 18, 2017 (82 FR 32934), 

to incorporate by reference recent 

editions of and addenda to the ASME 

Codes for nuclear power plants in 

chapter I of title 10 of the Code of 

Federal Regulations (10 CFR). The final 

rule contained a minor error when 

referring to a table related to 

certification requirements for nondestructive examination personnel. The 

final rule inadvertently prohibited the 

use of the entire appendix containing 

the table instead of prohibiting only the 

table and subarticle as intended. The 

final rule also contained a minor error 

in the requirement for check valve 

monitoring in 10 CFR 50.55a(b)(3)(iv) by 

referencing an incorrect edition of the 

ASME Code for Operation and 

Maintenance of Nuclear Power Plants 

(OM Code). In particular, the final rule 

amended 10 CFR 50.55a(b)(3)(iv) to state 

that licensees applying Appendix II, 

1998 Edition through the 2012 Edition 

of the ASME OM Code shall satisfy the 

requirements of paragraphs (b)(3)(iv)(A), 

(B), and (D). This requirement should 

have applied only to the 1998 Edition 

through the 2002 Addenda of the ASME 

OM Code, because the remaining 

portion of 10 CFR 50.55a(b)(3)(iv) 

addresses the check valve provisions 

effective after the 2002 Addenda of the 

ASME OM Code. This document 

corrects the final rule by revising the 

section that contains these errors. 

Rulemaking Procedure 

Under the Administrative Procedure 

Act (5 U.S.C. 553(b)), an agency may 

waive the normal notice and comment 

requirements if it finds, for good cause, 

that they are impracticable, 

unnecessary, or contrary to the public 

interest. As authorized by 5 U.S.C. 

553(b)(3)(B), the NRC finds good cause 

to waive notice and opportunity for 

comment on this amendment because 

the corrections will have no substantive 

impact and are of a minor and 

administrative nature dealing with an 

error in a reference to a table in a 

document being incorporated by 

reference and an error when referring to 

a specific edition of the ASME OM 

Code. 

As discussed in the statement of 

considerations on page 56826 of the 

proposed rule (80 FR 56820; September 

18, 2015) and on page 32942 of the final 

rule (82 FR 32934; July 18, 2017), the 

NRC intended to prohibit the use of a 

table and subarticle with an accelerated 

training process for ultrasonic 

examination nondestructive 

examination personnel. The rule 

language inadvertently prohibited the 

use of the entire appendix, and this 

amendment corrects the error by 

prohibiting the use of the table and 

subarticle only. 

As discussed in the statement of 

considerations on page 56832 of the 

proposed rule (80 FR 56820; September 

18, 2015) and on page 32950 of the final 

rule (82 FR 32934; July 18, 2017), the 

NRC intended that a specific 

requirement for check valve monitoring 

in 10 CFR 50.55a(b)(3)(iv) apply only to 

the 1998 Edition through the 2002 

Addenda of the ASME OM Code. The 

final rule inadvertently referenced the 

2012 Edition of the ASME OM Code in 

this requirement rather than the 2002 

Addenda. This amendment corrects the 

error by replacing ‘‘2012 Edition’’ with 

‘‘2002 Addenda’’ in the second sentence 

of the introductory text of 10 CFR 

50.55a(b)(3)(iv). 

This amendment does not require 

action by any person or entity regulated 

by the NRC. Also, the final rule does not 

change the substantive responsibilities 

of any person or entity regulated by the 

NRC. Furthermore, for the reasons 

stated above, the NRC finds, pursuant to 

5 U.S.C. 553(d)(3), that good cause 


sradovich on DSK3GMQ082PROD with RULES
2526 Federal Register / Vol. 83, No. 12 / Thursday, January 18, 2018 / Rules and Regulations 

exists to make this rule effective upon 

publication of this notice. 

List of Subjects in 10 CFR Part 50 

Administrative practice and 

procedure, Antitrust, Classified 

information, Criminal penalties, 

Education, 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 

■ 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. 

■ 2. Amend § 50.55a by revising 

paragraph (b)(2)(xviii)(D) and the 

introductory text of paragraph (b)(3)(iv) 

to read as follows: 

§ 50.55a Codes and standards. 

* * * * * 

(b) * * * 

(2) * * * 

(xviii) * * * 

(D) NDE personnel certification: 

Fourth provision. The use of Appendix 

VII, Table VII–4110–1 and Appendix 

VIII, Subarticle VIII–2200 of the 2011 

Addenda and 2013 Edition of Section XI 

of the ASME BPV Code is prohibited. 

When using ASME BPV Code, Section 

XI editions and addenda later than the 

2010 Edition, licensees and applicants 

must use the prerequisites for ultrasonic 

examination personnel certifications in 

Appendix VII, Table VII–4110–1 and 

Appendix VIII, Subarticle VIII–2200 in 

the 2010 Edition. 

* * * * * 

(3) * * * 

(iv) OM condition: Check valves 

(Appendix II). Licensees applying 

Appendix II, ‘‘Check Valve Condition 

Monitoring Program,’’ of the ASME OM 

Code, 1995 Edition with the 1996 and 

1997 Addenda, shall satisfy the 

requirements of paragraphs (b)(3)(iv)(A) 

through (C) of this section. Licensees 

applying Appendix II, 1998 Edition 

through the 2002 Addenda, shall satisfy 

the requirements of paragraphs 

(b)(3)(iv)(A), (B), and (D) of this section. 

Appendix II of the ASME OM Code, 

2003 Addenda through the 2012 

Edition, is acceptable for use with the 

following requirements. Trending and 

evaluation shall support the 

determination that the valve or group of 

valves is capable of performing its 

intended function(s) over the entire 

interval. At least one of the Appendix II 

condition monitoring activities for a 

valve group shall be performed on each 

valve of the group at approximate equal 

intervals not to exceed the maximum 

interval shown in the following table: 

TABLE II—MAXIMUM INTERVALS FOR

USE WHEN APPLYING INTERVAL EXTENSIONS

Group 

size 

Maximum interval 

between activities 

of member valves 

in the groups 

(years) 

Maximum 

interval 

between 

activities of 

each valve in 

the group 

(years) 

≥4 ..... 4.5 .......................... 16 

3 ....... 4.5 .......................... 12 

2 ....... 6 ............................. 12 

1 ....... Not applicable ........ 10 

* * * * * 

Dated at Rockville, Maryland, this 10th day 

of January, 2018. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2018–00708 Filed 1–17–18; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2017–1140; Special 

Conditions No. 25–711–SC] 

Special Conditions: Dassault Aviation, 

Model Falcon 7X Airplane; NonRechargeable Lithium Battery 

Installations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comment. 

SUMMARY: These special conditions are 

issued for non-rechargeable lithium 

battery installations on the Dassault 

Aviation (Dassault) Model Falcon 7X 

airplane. Non-rechargeable lithium 

batteries are a novel or unusual design 

feature when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: This action is effective on 

Dassault Aviation on January 18, 2018. 

Send your comments by March 5, 2018. 

ADDRESSES: Send comments identified 

by docket number FAA–2017–1140 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket website, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478). 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 


sradovich on DSK3GMQ082PROD with RULES