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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

56809 

Vol. 70, No. 188 

Thursday, September 29, 2005 

1The NRC staff also reviews OM Code Cases; 

however, the regulatory guide listing NRC-approved 

OM Code Cases is not being revised at this time 

because no new OM Code Cases have been 

published by the ASME. 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

RIN 3150–AH35 

Incorporation by Reference of ASME 

BPV Code Cases 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to incorporate by reference 

NRC Regulatory Guides listing Code 

Cases published by the American 

Society of Mechanical Engineers 

(ASME) which the NRC has reviewed 

and found to be acceptable for use. 

These Code Cases provide alternatives 

to requirements in the ASME Boiler and 

Pressure Vessel Code (BPV Code) 

pertaining to construction and inservice 

inspection of nuclear power plant 

components. This action updates the 

incorporation by reference of two 

regulatory guides that address NRC 

review and approval of ASMEpublished Code Cases. Concurrent with 

this action, the NRC is publishing a 

notice of the issuance and availability of 

the final regulatory guides. As a result 

of these related actions, the Code Cases 

listed in these regulatory guides are 

incorporated by reference into the 

NRC’s regulations. 

DATES: Effective Date: October 31, 2005. 

The incorporation by reference of 

certain publications listed in the 

regulation is approved by the Director of 

the Office of the Federal Register as of 

October 31, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Harry S. Tovmassian, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

3092, e-mail hst@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

New editions of the ASME BPV and 

Operation and Maintenance of Nuclear 

Power Plants (OM) Codes are issued 

every three years and addenda to the 

editions are issued annually. It has been 

the Commission’s policy to update 10 

CFR 50.55a to incorporate the ASME 

Code editions and addenda by 

reference. Section 50.55a was last 

amended on October 1, 2004 (69 FR 

58804), to incorporate by reference the 

2001 Edition of these Codes, up to and 

including the 2003 Addenda. The 

ASME also publishes Code Cases for 

Section III and Section XI quarterly and 

Code Cases for the OM Code yearly. 

ASME Code Cases are alternatives to the 

requirements of the ASME BPV Code 

and the OM Code. Thus, the 

incorporation by reference of the 

regulatory guides (RGs) listing NRCapproved and conditionally approved 

ASME Code Cases accords the Code 

Cases the same legal status as the ASME 

provisions which they replace. 

Discussion 

The NRC staff reviews ASME BPV 

Code Cases,1 rules upon the 

acceptability of each Code Case, and 

publishes its findings in RGs. The RGs 

are revised periodically as new Code 

Cases are published by the ASME. On 

July 8, 2003 (68 FR 40469), the NRC 

published a final rule which initiated 

the practice of incorporating by 

reference in 10 CFR 50.55a the RGs 

listing acceptable and conditionally 

acceptable ASME Code Cases. Thus, 

NRC RG 1.84, Revision 32, Design, 

Fabrication, and Materials Code Case 

Acceptability, ASME Secion III; NRC RG 

1.147, Revisions 0 through 13, Inservice 

Inspection Code Case Acceptability, 

ASME Section XI, Division 1; and NRC 

RG 1.192, Operation and Maintenance 

Code Case Acceptability, ASME OM 

Code were incorporated into NRC’s 

regulations. 

This final rule incorporates by 

reference the latest revisions of the NRC 

RGs that list acceptable and 

conditionally acceptable ASME BPV 

Code Cases. RG 1.84, Revision 33 

supersedes Revision 32 which was 

previously incorporated by reference. 

The incorporation by reference of 

Revision 14 to RG 1.147 will 

supplement Revisions 0 through 13. 

This final rule adds Revision 14 to the 

series of RG 1.147 revisions currently 

incorporated by reference in § 50.55a. 

Concurrent with this action, the NRC is 

publishing notices of availability of the 

final RGs listing acceptable ASME BPV 

Code Cases. 

Evaluation of Code Cases 

When the NRC evaluates ASME Code 

Cases to be incorporated by reference in 

its RGs, it determines which of the new, 

revised, or reaffirmed Code Cases are 

acceptable, conditionally acceptable, or 

unacceptable. When the NRC published 

the July 8, 2003, rulemaking (68 FR 

40469) incorporating by reference RGs 

1.84 and 1.147, the regulatory analysis 

accompanying that action contained a 

section listing those Code Cases which 

were deemed acceptable or 

conditionally acceptable. For those 

Code Cases found to be conditionally 

acceptable, a summary of the basis for 

the limitations or conditions placed on 

the application of the Code Case was 

provided. In order to clearly explain 

NRC’s rationale for limitations placed 

on Code Cases and to enhance public 

participation in the entire rulemaking 

process, the NRC has prepared a 

separate document entitled ‘‘Evaluation 

of Code Cases in Supplement 12 to the 

1998 Edition and Supplement 1 

Through Supplement 6 to the 2001 

Edition,’’ which contains this 

information. Copies of this document 

are available to the public as indicated 

in the ‘‘Availability of Documents’’ 

section of this preamble. 

Resolution of Public Comments 

The NRC received one comment letter 

on the proposed rulemaking. The 

commenter made observations about 

Code Cases N–416–3 and N–504–2 in 

Revision 14 of RG 1.147 that were 

duplicative of comments that he 

submitted in response to the notice 

announcing the availability of the draft 

guide for comment (69 FR 46597; 

August 3, 2004). The NRC finds that no 

change in the rule language is required 

as a result of these comments. The 

NRC’s resolution of these comments can 

be found in the ‘‘Response to Public 

Comments’’ document which is 

available to the public as indicated in 

56810 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

the ‘‘Availability of Documents’’ section 

of this preamble. 

Status of Code Case N–586 

In Revision 13 to NRC RG 1.147, Code 

Case N–586 entitled, ‘‘Alternative 

Additional Examination Requirements 

for Class 1, 2, and 3 Piping, 

Components, and Supports, Section XI, 

Division 1,’’ was approved with two 

conditions. The first condition required 

licensees to perform additional 

examinations in the event that during a 

refueling outage they discover 

indications that exceed Section XI 

acceptance criteria. Furthermore, should 

these additional examinations detect 

other indications that Section XI criteria 

are exceeded, further examinations must 

be conducted during the refueling 

outage. In the proposed Revision 14 of 

RG 1.147, these conditions were 

inadvertently removed and Code Case 

N–586 was listed as acceptable without 

condition. Since the conditions placed 

on Code Case N–586 listed in RG 1.147, 

Revision 13 received no adverse public 

comment, Revision 14 is incorporated 

by reference with the same conditions 

that applied to this Code Case in 

Revision 13 of this RG. The staff notes 

that the cognizant ASME Section XI 

committees have considered the NRC’s 

position vis-a-vis the conditions on this 

Code Case and have published Code 

Case N–586–1 which will be formally 

evaluated by the staff in the next 

revision of this RG. 

Paragraph-by-Paragraph Discussion 

On August 3, 2004, (69 FR 46596 and 

69 FR 46597), the NRC published 

notices of availability of proposed 

revisions to RGs 1.84 and 1.147. The 

NRC has considered the public 

comments on these RGs and has 

resolved those comments by modifying 

the guides, as appropriate, or providing 

its rationale for not doing so. This 

rulemaking supersedes the 

incorporation by reference of RG 1.84, 

Revision 32 with Revision 33 and 

incorporates by reference Revision 14 of 

RG 1.147 to augment previously 

incorporated Revisions 0 through 13. 

1. Paragraph 50.55a(b) 

In § 50.55a, paragraph (b)(2)(xxi)(C) is 

removed. The NRC had previously taken 

issue with the use of Code Case N–323–

1 which permitted surface examinations 

from the accessible side for welded 

attachments to pressure vessels. Since 

this Code Case was incorporated in the 

1997 Addenda to the 1995 Edition to the 

ASME BPV Code, the NRC placed a 

limitation on its use in 

§ 50.55a(b)(2)(xxi)(C) in which it 

required that Examination Category B–

K, Item 10.10, of the 1995 Addenda 

must be applied when using the 1997 

Addenda through the latest Edition and 

Addenda incorporated in the NRC’s 

regulations. Based on analysis of the 

configuration of these attachment welds 

and the environment in which they 

exist, no degradation mechanism would 

be expected to lead to failure of these 

welds. This conclusion has been 

confirmed by the results of 

examinations capable of detecting flaws 

since no degradation has been observed 

in these welds. The NRC considers that 

the proposed change in examination to 

a surface examination from either side 

of the weld or a volumetric examination 

of the weld provides an adequate level 

of defense in depth. Therefore, Code 

Case N–323–1 has been removed from 

RG 1.193, which lists Code Cases that 

the NRC has not generically approved 

for use, and listed it as unconditionally 

acceptable in RG 1.147, Revision 14 and 

the limitations placed on its use in 

§ 50.55a(b)(2)(xxi)(C) have been 

removed. 

Also, in § 50.55a(b), (b)(4), and (b)(5), 

references to the revision number for RG 

1.84 are changed from ‘‘Revision 32’’ to 

‘‘Revision 33,’’ and references to the 

revision numbers for RG 1.147 are 

changed from ‘‘through Revision 13’’ to 

‘‘through Revision 14.’’ Revision 33 of 

RG 1.84 is incorporated by reference in 

§ 50.55a in place of Revision 32. 

Revision 14 of RG 1.147 is incorporated 

by reference in § 50.55a in addition to 

all previous revisions, which are 

incorporated by reference. 

2. Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), 

(f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), 

(g)(3)(ii), (g)(4)(i), and (g)(4)(ii) 

In these paragraphs, the phrase 

indicating that revisions of RG 1.147 

‘‘through Revision 13’’ are the versions 

incorporated by reference in § 50.55a(b) 

is modified to read ‘‘through Revision 

14.’’

Availability of Documents 

The NRC is making the documents 

identified below available to interested 

persons through one or more of the 

following: 

Public Document Room (PDR). The 

NRC Public Document Room is located 

at 11555 Rockville Pike, Public File 

Area O–1 F21, Rockville, Maryland. 

Copies of publicly available documents 

related to this rulemaking can be viewed 

electronically on public computers in 

the PDR. The PDR reproduction 

contractor will make copies of 

documents for a fee. 

Rulemaking Web site. The NRC’s 

interactive rulemaking Web site is 

located at http://ruleforum.llnl.gov. 

Selected documents may be viewed and 

downloaded electronically via this Web 

site. Documents will remain available 

on the site for six months after the 

effective date of this rule. 

The NRC’s Public Electronic Reading 

Room (PERR). The NRC’s public 

electronic Reading Room is located at 

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

Through this site, the public can gain 

access to ADAMS, which provides text 

and image files of NRC’s public 

documents. 

Reproduction and Distribution 

Services (DIST). Single copies of NRC 

Regulatory Guides 1.84, Revision 33; 

1.147, Revision 14; and 1.192 may be 

obtained free of charge by writing the 

Reproduction and Distribution Services 

Section, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001; or by fax to 301–415–2289; or by 

e-mail to DISTRIBUTION@nrc.gov. 

The NRC staff contact (NRC Staff). 

Single copies of the final rule, the 

regulatory analysis, the environmental 

assessment, and the regulatory guides 

may be obtained from Harry S. 

Tovmassian, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Alternatively, you may contact 

Mr. Tovmassian at (301) 415–3092 or 

via e-mail to: hst@nrc.gov. 

Document PDR Web DIST ERR NRC 

staff 

Regulatory Analysis .................................................................................................................. X X .......... ML043640553 X 

Regulatory Guide 1.84, Revision 33 ......................................................................................... X .......... X ML052130562 X 

Regulatory Guide 1.147, Revision 14 ....................................................................................... X .......... X ML052510117 X 

Regulatory Guide 1.193, Revision 1 ......................................................................................... X .......... X ML052140501 X 

Response to Public Comments on Guides .............................................................................. X X .......... ML050940285 X 

Evaluation of Code Cases ........................................................................................................ X X .......... ML050940259 X 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56811 

Document PDR Web DIST ERR NRC 

staff 

Public Comment Letter ............................................................................................................. X X .......... ML042960462 X 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Pub. L. 

104–113 (15 U.S.C. 3701 et seq.), 

requires agencies to use technical 

standards developed or adopted by 

voluntary consensus standards bodies 

unless the use of such standards is 

inconsistent with applicable law or is 

otherwise impractical. The NRC is 

amending its regulations to incorporate 

by reference regulatory guides that list 

ASME BPV Code Cases which have 

been approved by the NRC. ASME Code 

Cases, which are ASME-approved 

alternatives to the provisions of ASME 

Code editions and addenda, constitute 

national consensus standards, as 

defined in Pub. L. 104–113 and Office 

of Management and Budget (OMB) 

Circular A–119. They are developed by 

bodies whose members (including the 

NRC and utilities) have broad and 

varied interests. 

The NRC reviews each Section III and 

Section XI Code Case published by the 

ASME to ascertain whether its 

application is consistent with the safe 

operation of nuclear power plants. 

Those Code Cases found to be 

generically acceptable are listed in the 

RGs which are incorporated by 

reference in § 50.55a(b). Those that are 

found to be unacceptable are listed in 

RG 1.193, entitled Code Cases not 

Approved for Use; but licensees may 

still seek NRC’s approval to apply these 

Code Cases through the relief request 

process permitted in § 50.55a(a)(3). 

Other Code Cases, which the NRC finds 

to be conditionally acceptable, are also 

listed in the RGs which are incorporated 

by reference along with the 

modifications and limitations under 

which they may be applied. If the NRC 

did not provide for the conditional 

acceptance of ASME Code Cases, these 

Code Cases would be disapproved 

outright. The effect would be that 

licensees would need to submit a larger 

number of relief requests which would 

represent an unnecessary additional 

burden for both the licensee and the 

NRC. The NRC believes that this 

situation fits the definition of 

‘‘impractical,’’ as it applies to Pub. L. 

104–113. For these reasons, The NRC 

believes that the treatment of ASME 

BPV Code Cases, and modifications and 

limitations placed on them, in this final 

rule does not conflict with any policy 

on agency use of consensus standards 

specified in OMB Circular A–119. 

Finding of No Significant 

Environmental Impact: Availability 

The Commission has determined 

under the National Environmental 

Policy Act of 1969, Pub. L. 97–190 (42 

U.S.C. 4321 et seq.), as amended, and 

the Commission’s regulations in subpart 

A of 10 CFR part 51, that this rule is not 

a major Federal action significantly 

affecting the quality of the human 

environment, and, therefore, an 

environmental impact statement is not 

required. The basis for this 

determination is that this rulemaking 

will not significantly increase the 

probability or consequences of 

accidents; no changes are being made in 

the types of effluents that may be 

released off site; and there is no 

significant increase in public or 

occupational radiation exposure. 

Therefore, there are no significant 

radiological impacts associated with the 

action. Also, no significant 

nonradiological impacts are associated 

with the action. Thus, the NRC 

determines that there will be no 

significant off site impact to the public 

from this action. 

The NRC requested the views of the 

States on the environmental assessment 

for the rule and did not receive any 

comments from the States. 

Paperwork Reduction Act Statement 

This final rule decreases the burden 

on licensees by allowing the use of 

alternative Code Cases. There is an 

estimated industry-wide reduction of 

713 hours annually for the anticipated 

reduction in the number information 

collections required. Because the 

burden for this information collection is 

insignificant, OMB clearance is not 

required. The existing requirements 

were approved by OMB, approval 

number 3150–0011. 

Public Protection Notification 

If a means used to impose an 

information collection does not display 

a currently valid OMB control number, 

the NRC may not conduct or sponsor, 

and a person is not required to respond 

to, the information collection. 

Regulatory Analysis 

The ASME Code Cases listed in the 

RGs provide voluntary alternatives to 

the provisions in the ASME BPV Code 

and OM Code for construction, ISI, and 

IST of specific structures, systems, and 

components used in nuclear power 

plants. Implementation of these Code 

Cases is not required. Licensees use 

NRC-approved ASME Code Cases to 

reduce regulatory burden or gain 

additional operational flexibility. It 

would be difficult for the NRC to 

provide these advantages independent 

of the ASME Code Case publication 

process without a considerable 

additional resource expenditure by the 

agency. The NRC has prepared a 

regulatory analysis addressing the 

qualitative benefits of the alternatives 

considered in this rulemaking and 

comparing the costs associated with 

each alternative. The regulatory analysis 

is available to the public as indicated 

under the ‘‘Availability of Documents’’

section of this preamble. 

Regulatory Flexibility Certification 

In accordance with the Regulatory 

Flexibility Act of 1980, Pub. L. 96–354 

(5 U.S.C. 605(b)), the Commission 

certifies that this final rule will 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). 

Backfit Analysis 

The provisions in this final rule 

permit, but do not require, licensees to 

apply Code Cases that have been 

reviewed and approved by the NRC, 

sometimes with modifications or 

conditions. Therefore, the 

implementation of an approved Code 

Case is voluntary and does not 

constitute a backfit. Thus, the 

Commission finds that these 

amendments do not involve any 

provisions that constitute a backfit as 

defined in 10 CFR 50.109(a)(1), that the 

backfit rule does not apply to this final 

rule, and that a backfit analysis is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, the NRC has 

determined that this action is not a 

56812 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects in 10 CFR Part 50 

Antitrust, Classified information, 

Criminal penalties, Fire protection, 

Incorporation by reference, 

Intergovernmental relations, Nuclear 

power plants and reactors, Radiation 

protection, Reactor siting criteria, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth 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: Secs. 102, 103, 104, 105, 161, 

182, 183, 186, 189, 68 Stat. 936, 937, 938, 

948, 953, 954, 955, 956, as amended, sec. 

234, 83 Stat. 444, as amended (42 U.S.C. 

2132, 2133, 2134, 2135, 2201, 2232, 2233, 

2236, 2239, 2282); secs. 201, as amended, 

202, 206, 88 Stat. 1242, as amended, 1244, 

1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 

112 Stat. 2750 (44 U.S.C. 3504 note). 

Section 50.7 also issued under Pub. L. 95–

601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). 

Section 50.10 also issued under secs. 101, 

185, 68 Stat. 955, as amended (42 U.S.C. 

2131, 2235); sec. 102, Pub. L. 91–190, 83 Stat. 

853 (42 U.S.C. 4332). Sections 50.13, 

50.54(dd), and 50.103 also issued under sec. 

108, 68 Stat. 939, as amended (42 U.S.C. 

2138). Sections 50.23, 50.35, 50.55, and 50.56 

also issued under sec. 185, 68 Stat. 955 (42 

U.S.C. 2235). Sections 50.33a, 50.55a and 

appendix Q also issued under sec. 102, Pub. 

L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 

Sections 50.34 and 50.54 also issued under 

sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). 

Sections 50.58, 50.91, and 50.92 also issued 

under Pub. L. 97–415, 96 Stat. 2073 (42 

U.S.C. 2239). Section 50.78 also issued under 

sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 

Sections 50.80–50.81 also issued under sec. 

184, 68 Stat. 954, as amended (42 U.S.C. 

2234). Appendix F also issued under sec. 

187, 68 Stat. 955 (42 U.S.C. 2237). 

■ 2. Section 50.55a is amended by 

removing paragraph (b)(2)(xxi)(C), 

revising the introductory text of 

paragraphs (b), (b)(4), and (b)(5), and 

paragraphs (f)(2), (f)(3)(iii)(A), 

(f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i), 

(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as 

follows: 

§ 50.55a Codes and standards. 

* * * * * 

(b) The ASME Boiler and Pressure 

Vessel Code and the ASME Code for 

Operation and Maintenance of Nuclear 

Power Plants, which are referenced in 

paragraphs (b)(1), (b)(2), and (b)(3) of 

this section, were approved for 

incorporation by reference by the 

Director of the Office of the Federal 

Register pursuant to 5 U.S.C. 552(a) and 

1 CFR part 51. NRC Regulatory Guide 

1.84, Revision 33, ‘‘Design, Fabrication, 

and Materials Code Case Acceptability, 

ASME Section III’’ (August 2005); NRC 

Regulatory Guide 1.147 (Revision 0- 

February 1981), including Revision 1 

through Revision 14 (August 2005), 

‘‘Inservice Inspection Code Case 

Acceptability, ASME Section XI, 

Division 1’’; and Regulatory Guide 

1.192, ‘‘Operation and Maintenance 

Code Case Acceptability, ASME OM 

Code’’ (June 2003), have been approved 

for incorporation by reference by the 

Director of the Office of the Federal 

Register pursuant to 5 U.S.C. 552(a) and 

1 CFR part 51. These regulatory guides 

list ASME Code cases which the NRC 

has approved in accordance with the 

requirements in paragraphs (b)(4), (b)(5), 

and (b)(6). Copies of the ASME Boiler 

and Pressure Vessel Code and the ASME 

Code for Operation and Maintenance of 

Nuclear Power Plants may be purchased 

from the American Society of 

Mechanical Engineers, Three Park 

Avenue, New York, NY 10016. Single 

copies of NRC Regulatory Guides 1.84, 

Revision 33; 1.147, Revision 14; and 

1.192 may be obtained free of charge by 

writing the Reproduction and 

Distribution Services Section, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; or by fax 

to 301–415–2289; or by e-mail to 

DISTRIBUTION@nrc.gov. Copies of the 

ASME Codes and NRC Regulatory 

Guides incorporated by reference in this 

section may be inspected at the NRC 

Technical Library, Two White Flint 

North, 11545 Rockville Pike, Rockville, 

MD 20852–2738, or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

* * * * * 

(4) Design, Fabrication, and Materials 

Code Cases. Licensees may apply the 

ASME Boiler and Pressure Vessel Code 

cases listed in NRC Regulatory Guide 

1.84, Revision 33, without prior NRC 

approval subject to the following: 

* * * * * 

(5) Inservice Inspection Code Cases. 

Licensees may apply the ASME Boiler 

and Pressure Vessel Code cases listed in 

Regulatory Guide 1.147 through 

Revision 14, without prior NRC 

approval subject to the following: 

* * * * * 

(f) * * * 

(2) For a boiling or pressurized watercooled nuclear power facility whose 

construction permit was issued on or 

after January 1, 1971, but before July 1, 

1974, pumps and valves which are 

classified as ASME Code Class 1 and 

Class 2 must be designed and be 

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 Boiler and Pressure Vessel 

Code incorporated by reference in 

paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, or 1.192 that are 

incorporated by reference in paragraph 

(b) of this section) in effect six 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 and addenda 

which are incorporated by reference in 

paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, or 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

applicable limitations and modifications 

listed therein. 

(3) * * * 

(iii) * * * 

(A) Pumps and valves, in facilities 

whose construction permit was issued 

before November 22, 1999, which are 

classified as ASME Code Class 1 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 

Boiler and Pressure Vessel Code 

incorporated by reference in paragraph 

(b) of this section (or the optional ASME 

Code cases listed in NRC Regulatory 

Guide 1.147, through Revision 14, or 

1.192 that are incorporated by reference 

in paragraph (b) of this section) applied 

to the construction of the particular 

pump or valve or the Summer 1973 

Addenda, whichever is later. 

* * * * * 

(iv) * * * 

(A) Pumps and valves, in facilities 

whose construction permit was issued 

before November 22, 1999, which are 

classified as ASME Code Class 2 and 

Class 3 must be designed and be 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Rules and Regulations 56813 

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 Boiler and Pressure Vessel 

Code incorporated by reference in 

paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular pump or valve or the 

Summer 1973 Addenda, whichever is 

later. 

* * * * * 

(4) * * * 

(ii) Inservice tests to verify 

operational readiness of pumps and 

valves, whose function is required for 

safety, conducted during successive 

120-month intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month interval (or the optional 

ASME Code cases listed in NRC 

Regulatory Guide 1.147, through 

Revision 14, or 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

limitations and modifications listed in 

paragraph (b) of this section. 

* * * * * 

(g) * * * 

(2) For a boiling or pressurized watercooled nuclear power facility whose 

construction permit was issued on or 

after January 1, 1971, but before July 1, 

1974, components (including supports) 

which are classified as ASME Code 

Class 1 and Class 2 must be designed 

and be provided with access to enable 

the performance of inservice 

examination of such components 

(including supports) and must meet the 

preservice examination requirements set 

forth in editions and addenda of Section 

XI of the ASME Boiler and Pressure 

Vessel Code incorporated by reference 

in paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) in effect six months before the 

date of issuance of the construction 

permit. The components (including 

supports) may meet the requirements set 

forth in subsequent editions and 

addenda of this Code which are 

incorporated by reference in paragraph 

(b) of this section (or the optional ASME 

Code cases listed in NRC Regulatory 

Guide 1.147, through Revision 14, that 

are incorporated by reference in 

paragraph (b) of this section), subject to 

the applicable limitations and 

modifications. 

(3) * * * 

(i) Components (including supports) 

which are classified as ASME Code 

Class 1 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

(ii) Components which are classified 

as ASME Code Class 2 and Class 3 and 

supports for components which are 

classified as ASME Code Class 1, Class 

2, and Class 3 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

* * * * * 

(4) * * * 

(i) Inservice examinations of 

components and system pressure tests 

conducted during the initial 120-month 

inspection interval must comply with 

the requirements in the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section on the date 12 months before the 

date of issuance of the operating license 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section), subject to the limitations and 

modifications listed in paragraph (b) of 

this section. 

(ii) Inservice examination of 

components and system pressure tests 

conducted during successive 120-month 

inspection intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month inspection interval (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, through 

Revision 14, that are incorporated by 

reference in paragraph (b) of this 

section), subject to the limitations and 

modifications listed in paragraph (b) of 

this section. 

* * * * * 

Dated at Rockville, Maryland, this 31st day 

of August, 2005. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. 05–19443 Filed 9–28–05; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121 and 125 

RIN 3245–AF38 

The Very Small Business Program 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule. 

SUMMARY: The U.S. Small Business 

Administration (SBA or Agency) is 

amending its regulations to remove 

provisions relating to the Very Small 

Business Program (VSB). The Agency no 

longer has statutory authority to provide 

assistance under this program; therefore, 

the regulations are unnecessary. 

Without any authority to carry out the 

program, removal of the applicable 

regulations is a ministerial act that does 

not require a comment period. 

DATES: The rule is effective September 

29, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Dean Koppel, Assistant Administrator, 

Office of Procurement Policy and 

Liaison, (202) 205–7322 or 

Dean.Koppel@sba.gov. 

SUPPLEMENTARY INFORMATION: The VSB 

program was authorized as a pilot 

program by the Small Business 

Administration Reauthorization and 

Amendments Act of 1994 (Act). (See 

Pub. L. 103–403, Section 304). The 

purpose of the VSB program was to 

improve access to Federal contract 

opportunities for concerns that are 

substantially below SBA’s size 

standards by reserving certain 

procurements for competition among 

very small business concerns. 

Specifically, under the VSB program, 

federal agencies with procurement 

needs valued at $2,500 to $50,000 were 

required to give small businesses with 

15 or fewer employees, average annual 

revenues of less than $1 million, and 

that were located in certain designated 

areas, the first opportunity to meet those