Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26303 

recordkeeping requirements, 

Retirement. 

John Berry, 

Director, U.S. Office of Personnel 

Management. 

Accordingly, OPM is amending 5 CFR 

part 894 as follows: 

PART 894—FEDERAL EMPLOYEES 

DENTAL AND VISION PROGRAM 

1. The authority citation for part 894 

is revised to read as follows: 

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; 

subpart C also issued under sec. 1 of Public 

Law 110–279, 122 Stat. 2604. 

Subpart C—Eligibility 

2. Revise § 894.301 to read as follows 

§ 894.301 Am I eligible to enroll in the 

FEDVIP? 

You are eligible if— 

(a) You meet the definition of 

employee in 5 U.S.C. 8901(1), unless 

you are in an excluded position; 

(b) You are an employee of the United 

States Postal Service or the District of 

Columbia courts; 

(c)(1) You were employed by the 

Architect of the Capitol as a Senate 

Restaurants employee the day before the 

food services operations of the Senate 

Restaurants were transferred to a private 

business concern; and 

(2) You accepted employment by the 

business concern and elected to 

continue your Federal retirement 

benefits and your FEDVIP coverage. You 

continue to be eligible for FEDVIP 

coverage as long as you remain 

employed by the business concern or its 

successor. 

3. Revise § 894.302 introductory text 

to read as follows: 

§ 894.302 What is an excluded position? 

Excluded positions are described in 5 

U.S.C. 8901(1)(i), (ii), (iii), and (iv) and 

5 CFR 890.102(c), except that employees 

of the United States Postal Service and 

District of Columbia courts are not 

excluded positions. 

* * * * * 

Subpart E—Enrollment and Changing 

Enrollment 

4. Revise § 894.501(d) to read as 

follows: 

§ 894.501 When may I enroll? 

* * * * * 

(d) From 31 days before you or an 

eligible family member loses other 

dental/vision coverage to 60 days after 

a QLE that allows you to enroll. 

5. Revise § 894.510(c) and (d) to read 

as follows: 

§ 894.510 When may I decrease my type of 

enrollment? 

* * * * * 

(c)(1) Except as provided in paragraph 

(c)(2) of this section, you may decrease 

your type of enrollment only during the 

period beginning 31 days before your 

QLE and ending 60 days after your QLE. 

(2) You may make any of the 

following enrollment changes at any 

time beginning 31 days before a QLE 

listed in § 894.511(a): 

(i) A decrease in your self plus one 

enrollment; 

(ii) A decrease in your self and family 

enrollment to a self plus one 

enrollment, when you have only one 

remaining eligible family member; or 

(iii) A decrease in your self and family 

enrollment to a self only enrollment, 

when you have no remaining eligible 

family members. 

(d)(1) Except as provided in paragraph 

(d)(2) of this section, your change in 

enrollment is effective the first day of 

the first pay period following the one in 

which you make the change. 

(2) If you are making an enrollment 

change described in paragraph (c)(2) of 

this section, your change in enrollment 

is effective on the first day of the first 

pay period following the QLE on which 

the enrollment change is based. 

* * * * * 

[FR Doc. E9–12617 Filed 6–1–09; 8:45 am] 

BILLING CODE 6325–39–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

RIN 3150–AI37 

[NRC 2009–0014] 

Incorporation by Reference of 

Regulatory Guide 1.84, Revision 35, 

and Regulatory Guide 1.147, Revision 

16, Into 10 CFR 50.55a 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Proposed rule. 

SUMMARY: The NRC is proposing to 

amend its regulations to incorporate by 

reference the latest revisions of two 

regulatory guides (RG) that would 

approve new and revised code cases 

published by the American Society of 

Mechanical Engineers (ASME). These 

are RG 1.84, ‘‘Design, Fabrication, and 

Materials Code Case Acceptability, 

ASME Section III,’’ Revision 35, and RG 

1.147, ‘‘Inservice Inspection Code Case 

Acceptability, ASME Section XI, 

Division 1,’’ Revision 16. This action 

would allow the use of the code cases 

listed in these RGs as alternatives to 

requirements in the ASME Boiler and 

Pressure Vessel (BPV) Code regarding 

the construction and inservice 

inspection (ISI) of nuclear power plant 

components. Concurrent with this 

action, the NRC is publishing a notice 

of the issuance and availability of the 

RGs in the Federal Register. 

DATES: Submit comments by August 17, 

2009. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to ensure 

consideration only of comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the number RN 3150– 

AI37 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

made available for public inspection. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. 

Federal e Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0014. Address questions 

about NRC dockets to Carol Gallagher at 

301–492–3668, e-mail 

Carol.Gallager@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attn: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

Publicly available documents related 

to this rulemaking, including comments, 

may be viewed electronically on the 

public computers located at the NRC’s 

Public Document Room (PDR), O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. The 

PDR reproduction contractor will copy 

documents for a fee. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

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

adams.html. From this site, the public 

can gain entry into ADAMS, which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents 

26304 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

1ASME Code Cases can be categorized as one of 

one of two types: new and revised. A new Code 

Case provides for the first time an alternative to 

specific ASME Code provisions or addresses a new 

need. A revised Code Case is a revision 

(modification) to an existing Code Case to address, 

for example, technological advancements in 

examination techniques or to address NRC 

conditions imposed in one of the regulatory guides 

which have been incorporated by reference into 10 

CFR 50.55a. 

located in ADAMS, contact the PDR 

Reference staff at 800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Manash K. Bagchi or L. M. Padovan, 

Office of Nuclear Reactor Regulation, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

301–415–2905, e-mail 

Manash.Bagchi@nrc.gov, or 301–415– 

1423, e-mail Mark.Padovan@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The ASME develops and publishes 

the ASME BPV Code, which contains 

requirements for the design, 

construction, and ISI of nuclear power 

plant components, and the Code for 

Operation and Maintenance of Nuclear 

Power Plants (OM Code), which 

contains requirements for inservice 

testing (IST) of nuclear power plant 

components. In response to BPV and 

OM Code user requests, the ASME 

develops ASME Code Cases which 

provide alternatives to BPV and OM 

Code requirements under special 

circumstances. 

The NRC approves and/or mandates 

the use of the ASME BPV and OM Code 

in 10 CFR 50.55a through the process of 

incorporation by reference. As such, 

each provision of the ASME Codes 

incorporated by reference into, and 

mandated by, § 50.55a constitutes a 

legally-binding NRC requirement 

imposed by rule. As noted above, 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 § 50.55 to 

incorporate by reference NRC RGs 

listing approved ASME Code Cases 

which may be used as alternatives to the 

BPV Code and the OM Code. See 68 FR 

40469 (July 8, 2003). 

This rulemaking is the latest in a 

series of rulemakings which incorporate 

by reference new versions of several 

RGs identifying new and revised 1

ASME Code Cases which are approved 

for use, either unconditionally or with 

conditions. In developing these RGs, the 

NRC staff reviews ASME BPV and OM 

Code Cases, determines 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. The 

NRC incorporates by reference the RGs 

listing acceptable and conditionally 

acceptable ASME Code Cases into 10 

CFR 50.55a. Currently, NRC RG 1.84, 

Revision 34, ‘‘Design, Fabrication, and 

Materials Code Case Acceptability, 

ASME Section III;’’ RG 1.147, Revision 

15, ‘‘Inservice Inspection Code Case 

Acceptability, ASME Section XI, 

Division 1;’’ and RG 1.192, ‘‘Operation 

and Maintenance Code Case 

Acceptability, ASME OM Code,’’ are 

incorporated into the NRC’s regulations 

at 10 CFR 50.55a, Codes and standards. 

Description of NRC Approval of New 

and Amended ASME Code Cases 

This proposed rule would incorporate 

by reference the latest revisions of the 

NRC RGs that list acceptable and 

conditionally acceptable ASME BPV 

Code Cases. RG 1.84, Revision 35, Draft 

Regulatory Guide (DG) 1191, would 

supersede the incorporation by 

reference of Revision 34; and RG 1.147, 

Revision 16, DG 1192, would supersede 

the incorporation by reference of 

Revision 15. RG 1192 dated June 2003 

would not be revised because there have 

been no new OM Code Cases published 

by the ASME since the last NRC staff 

review. 

The ASME Code Cases which are the 

subject of this rulemaking are the new 

revised Section III and Section XI Code 

Cases listed in Supplements 2 through 

11 to the 2004 BPV Code, and 

Supplement 0 published with the 2007 

Edition of the BPV Code (Supplement 0 

also serves as Supplement 12 to the 

2004 Edition) of the code. The NRC 

follows a three step process to 

determine acceptability of new and 

revised ASME Code Cases and the need 

for conditions on the uses of these Code 

Cases. This process was employed in 

the review of the ASME Code Cases 

which are the subject of this proposed 

rule. First, NRC staff actively 

participates with other ASME 

committee members with full 

involvement in discussions and 

technical debates in the development of 

new and revised code cases. This 

includes a technical justification in 

support of each new or revised code 

case. Second, the NRC committee 

representatives distribute the code case 

and technical justification to other 

cognizant NRC staff to ensure an 

adequate technical review. Finally, the 

proposed NRC position on each code 

case is reviewed and approved by NRC 

management as part of the rulemaking 

amending 10 CFR 50.55a to incorporate 

by reference new revisions of the RGs 

listing the relevant ASME Code Cases 

and conditions on their use. This 

regulatory process, when considered 

together with the ASME’s own process 

for development and approval of ASME 

Code Cases, provides reasonable 

assurances that the NRC approves for 

use only those new and revised ASME 

Code Cases (with conditions as 

necessary) which provide reasonable 

assurance of adequate protection to 

public health and safety and which do 

not have significant adverse impacts on 

the environment. 

Code Cases Approved Unconditionally 

for Use 

The NRC concluded, in accordance 

with the process for review of ASME 

Code Cases, that each of the ASME Code 

Cases listed in Table 1 is technically 

adequate and consistent with current 

NRC regulations. 

TABLE 1 

Code case No. Supplement Title 

Section III 

N–4–12 ..................... 4 Special Type 403 Modified Forgings or Bars, Class and CS, Section III, Division 1. 

N–284–2 ................... 12 Metal Containment Shell Buckling Design Methods, Class MC, Section III, Division 1. 

N–373–3 ................... 3 Alternative postweld heat treatment (PWHT) Time at Temperature for P–No. 5A or P–No. 5B Group 1 

Material, Classes 1, 2, and 3 Section III, Division 1. 

N–621–1 ................... 3 Ni-Cr-Mo Alloy Unified Numbering System (UNS) N06022) Weld Construction to 800 °F, Section III, Division 1. 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26305 

TABLE 1—Continued 

Code case No. Supplement Title 

N–699 ....................... 8 Use of Titanium Grade 2 (UNS R50400) Tube and Bar, and Grade 1 (UNS R50250) Plate and Sheet for 

Class 1 Construction, Section III, Division 1. 

N–725 ....................... 4 Design Stress Values for UNS N06690 With Minimum Specified Yield Strength of 35 Ksi (240 Mpa), 

Classes 2 and 3 Components, Section III, Division 1. 

N–727 ....................... 9 Dissimilar Welding Using Continuous Drive Friction Welding for Reactor Vessel Control Rod Drive Mechanism (CRDM)/Control Element Drive Mechanism (CEDM) Nozzle to Flange/Adapter Welds, Class 1, 

Section III, Division 1. 

N–732 ....................... 5 Magnetic Particle Examination of Forgings for Construction, Section III, Division 1. 

N–736 ....................... 8 Use UNS S32050 Welded and Seamless Pipe and Tubing, Forgings, and Plates Conforming to SA–249/ 

SA–249M, SA–479/SA–479M, and SA–240/SA–240M, and Grade CK35MN Castings Conforming to 

ASTM A 743–03 for Construction of Class 1, 2, and 3 Components, Section III, Division 1. 

N–738 ....................... 6 NDE of Full Penetration Butt Welds in Class 2 Supports, Section III, Division 1. 

N–741 ....................... 7 Use of 22Cr-5Ni-3Mo-N (Alloy UNS S32205 Austenitic/Ferritic Duplex Stainless Steel) Forgings, Plate, 

Welded and Seamless Pipe Tubing, and Fittings to SA–182, SA–240, SA–789, A 790–04a, SA–815, 

Classes 2 and 3, Section III, Division 1. 

N–744 ....................... 11 Use of Metric Units Boiler and Pressure Vessel Code, Section III, Division 1. 

N–746 ....................... 8 Use of 46Fe-24Ni-21Cr-6Mo-Cu-N (UNS N08367) Bolting Materials for Class 2 and 3 Components, Section III, Division 1. 

N–756 ....................... 12 Alternative Rules for Acceptability for Class 1 Valves, nominal pipe size (NPS) diameter nominelle (DN 

25) and Smaller with Non-Welded End Connections Other than Flanges, Section III, Division III 

N–759 ....................... 11 Alternative Rules for Determining Allowable External Pressure and Compressive Stresses for Cylinders, 

Cones, Spheres, and Formed Heads, Section III, Division 1. 

Section XI 

N–494–4 ................... 7 Pipe Specific Evaluation Procedures and Acceptance Criteria for Flaws in Piping that Exceed the Acceptance Standards, Section XI, Division 1. 

N–496–2 ................... 2 Reaffirmed Helical-Coil Threaded Inserts, Section XI, Division 1. 

N–666 ....................... 9 Weld Overlay of Class 1, 2, and 3 Socket Welded Connections, Section XI, Division 1. 

N–686–1 ................... 12 Alternative Requirements for Visual Examinations VT–1, VT–2, and VT–3, Section XI, Division 1. 

N–705 ....................... 11 Evaluation Criteria for Temporary Acceptance of Degradation in Moderate Energy Class 2 or 3 Vessels 

and Tanks, Section XI, Division 1. 

N–706–1 ................... 12 Alternative Examination Requirements of Table IWB–2500–1 and Table IWC–2500–1 for Pressurized 

Water Reactor (PWR) Stainless Steel Residual and Regenerative Heat Exchangers, Section XI, Division 1. 

N–712 ....................... 2 Roll Expansion of Class 1 Control Rod Drive Bottom Head Penetrations in Boiling Water Reactors (BWR), 

Section XI, Division 1. 

N–730 ....................... 11 Class 1 Socket Weld Examinations, Section XI, Division 1. 

N–731 ....................... 5 Alternative Class 1 System Leakage Test Pressure Requirements, Section XI, Division 1. 

N–733 ....................... 6 Mitigation of Flaws in NPS 2 (DN 50) and Smaller Nozzles and Nozzle Partial Penetration Welds in Vessels and Piping by Use of a Mechanical Connection Modification, Section XI, Division 1. 

N–735 ....................... 11 Successive Inspection of Class 1 and 2 Piping Welds, Section XI, Division 1. 

N–739 ....................... 11 Alternative Qualification Requirements for Personnel Performing Class CC Concrete and Post-tensioning 

System Visual Examinations, Section XI, Division 1. 

N–753 ....................... 10 Vision Tests, Section XI, Division 1. 

Code Case Approved for Use With 

Conditions 

As a result of the NRC staff’s review, 

the NRC determined that certain code 

cases were technically inadequate or 

required supplemental guidance. 

Accordingly, the NRC proposes to 

impose conditions upon the use of these 

code cases. These ASME Code Cases are 

included in DG–1191 (RG 1.84, in Table 

2, and in DG–1192 (RG–1.147) in Table 

2. The NRC’s evaluation of the code 

cases and the reasons for the NRC’s 

proposed conditions are discussed in 

the following paragraphs. Notations 

have been made to indicate the 

conditions duplicated from previous 

versions of the regulatory guides. 

The NRC requests public comment on 

these code cases as part of this 

rulemaking. It should also be noted that 

the following paragraphs only address 

those code cases for which the NRC 

proposes to impose condition which are 

listed in the regulatory guides for the 

first time (e.g., Code Case N–532–4, 

which is listed in Supplement 9, has 

already been approved in Revision 15 to 

RG 1.147). 

4.5 Section III 

Code Case N–570–1 [S8] 

Type: Revised. 

Title: Alternative Rules for Linear 

Piping and Linear Standard Supports 

for Classes 1, 2, 3, and [Metal Cladding 

(MC)], Section III, Division 1. 

Code Case N–570–1 references 

American National Standards Institute 

(ANSI)/American Institute of Steel 

Construction (AISC) N690–1994 s1, 

‘‘Supplement No. 1 to the Specification 

for the Design, Fabrication, and Erection 

of Steel Safety-Related Structures for 

Nuclear Facilities.’’ However, the AISC 

issued Supplement 2 on October 6, 

2004. Supplement 2 supersedes 

Supplement 1. 

The updated supplement 

(Supplement 2) is consistent with NRC 

positions and requirements for new 

reactor support design. Thus, the NRC is 

proposing to condition Code Case N– 

570–1 to require that ANSI/AISC N690– 

1994 s2, ‘‘Supplement No. 2 to the 

Specification for the Design, 

Fabrication, and Erection of Steel 

Safety-Related Structures for Nuclear 

Facilities,’’ be used when this code case 

is implemented. 

26306 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

4.6 Section XI 

Code Case N–416–4 [S1] 

Type: Revised. 

Title: Alternative Pressure Test 

Requirement for Welded Repairs or 

Installation of Replacement Items by 

Welding, Class 1, 2, and 3, Section XI, 

Division 1. 

The NRC proposes to condition Code 

Case N–416–4 to require that 

nondestructive examination be 

performed for welded or brazed repairs 

and fabrication and installation joints in 

accordance with the methods and 

acceptance criteria of the applicable 

subsection of the 1992 Edition of 

Section III. 

For certain welding repairs or 

replacements, the previous version of 

this code case (Code Case N–416–3) 

permitted a system leakage test to be 

performed in lieu of performing a 

hydrostatic pressure test provided that 

certain requirements are met. One of the 

requirements was that nondestructive 

examination (NDE) be performed on 

welded repairs, fabrication, and 

installation joints in accordance with 

the methods and acceptance criteria of 

the applicable subsection of the 1992 

Edition of Section III. 

This NDE requirement was removed 

when Code Case N–416–4 was issued. 

When Code Case N–416 was originally 

developed, the NRC agreed to the 

performance of system leakage testing in 

lieu of hydrostatic testing provided that 

NDE performed in conjunction with the 

repair met the requirements of the 1992 

Edition of Section III. The reason for 

this stipulation is that some 

construction codes are less rigorous 

than others, depending on when the 

provisions were developed. The NRC 

believes that to justify the elimination of 

the NDE provision a hydrostatic 

pressure test would be required. It is the 

NRC’s position that a system leakage 

pressure test does not provide an 

equivalent level of safety as a 

hydrostatic pressure test. The higher 

pressure of the hydrostatic pressure test 

would make any potential leakage more 

evident than if a system leakage test was 

performed, particularly in the case of 

smaller defects. In as much as the NRC 

believes that a hydrostatic pressure test 

would not be effective in this situation, 

the more rigorous NDE requirements of 

Section III must be performed (as is 

currently required by N–416–3). 

As discussed above, the NDE 

provision is contained in Code Case N– 

416–3. Code Case N–416–3 was 

approved in Revision 14 of Regulatory 

Guide 1.147 (August 2005), which has 

already been implemented by licensees. 

Thus, requiring the performance of NDE 

after these repairs and replacements is 

not a new position and is merely the 

continuation of current practice. It 

should be noted that the NDE 

requirement was also removed from 

paragraph IWA–4540(a) of the 2003 

Addenda to Section XI. The NRC 

imposed a condition similar to the one 

discussed above for Code Case N–416– 

3 in 10 CFR 50.55a on the use of IWA– 

4540(a) in the 2003 Addendum to 

Section XI. 

Code Case N–504–4 [S10] 

Type: Revised. 

Title: Alternate Rules for Repair of 

Classes 1, 2, and 3 Austenitic Stainless 

Steel Piping, Section XI, Division 1. 

Revision 3 to this code case was 

conditionally approved in Revision 15 

to RG 1.147 to require that Section XI, 

Nonmandatory Appendix Q, ‘‘Weld 

Overlay Repair of Class 1, 2, and 3 

Austenitic Stainless Steel Piping 

Weldments,’’ must also be met. The 

NRC has determined that N–504–4 is 

acceptable with the same condition. 

Accordingly, the regulatory position has 

not changed. 

Code Case N–638–4 [S11] 

Type: Revised. 

Title: Similar and Dissimilar Metal 

Welding Using Ambient Temperature 

Machine (GTAW) Temper Bead 

Technique, Section XI, Division 1. 

The same conditions applied to the 

previous version of the code case (N– 

638–1) which was approved in Revision 

15 to RG 1.147 (Revisions 2 and 3 to the 

code case were published by the ASME 

between regulatory guide cycles). 

Accordingly, the NRC’s position has not 

changed. 

Code Case N–661–1 [S7] 

Type: Revised. 

Title: Alternative Requirements for 

Wall Thickness Restoration of Class 2 

and 3 Carbon Steel Piping for Raw 

Water Service, Section XI, Division 1. 

With regard to Code Case N–661–1, 

the NRC is proposing to retain 

conditions (a) and (c) of the following 

three conditions that were imposed on 

Code Case N–661 in RG 1.147, Revision 

15: 

(a) If the root cause of the degradation 

has not been determined, the repair is 

only acceptable for one cycle. 

(b) Weld overlay repair of an area can 

only be performed once in the same 

location. 

(c) When through-wall repairs are 

made by welding on surfaces that are 

wet or exposed to water, the weld 

overlay repair is only acceptable until 

the next refueling outage. 

Code Case N–661–1 uses the term 

‘‘one fuel cycle.’’ It is unclear what one 

fuel cycle actually infers if a repair is 

performed in mid-cycle. It may be 

interpreted that the repair is acceptable 

for the remainder of the current fuel 

cycle plus the subsequent fuel cycle. As 

can be seen from the conditions above, 

other terms such as ‘‘one cycle’’ have 

been used. To be unambiguous and 

ensure that a suitable re-inspection 

frequency has been established when 

the cause of the degradation is unknown 

or when the potential for hydrogen 

cracking exists due to the welding 

conditions, the term ‘‘next refueling 

outage’’ has been adopted in condition 

(a) rather than the term ‘‘one cycle.’’ 

There is no change needed regarding 

condition (c). 

With regard to condition (b) on Code 

Case N–661, ASME made technical 

changes to the code case to address the 

NRC’s concerns. The NRC finds the 

changes acceptable and thus condition 

(b) has been deleted relative to the 

implementation of Code Case N–661–1. 

Code Case N–751 [S11] 

Type: New. 

Title: Pressure Testing of Containment 

Penetration Piping, Section XI, Division 

1—When a 10 CFR [Part] 50, 

Appendix[–]J, Type[–]C, test is 

performed as an alternative to the 

requirements of IWA–4540 (IWA–4700 

in the 1989 edition through the 1995 

edition) during repair and replacement 

activities, nondestructive examination 

must be performed in accordance with 

IWA–4540(a)(2) of the 2002 Addenda of 

Section XI. 

The code case would allow an 

Appendix–J Type–C test to be 

performed as an alternative to the ASME 

Code requirement to pressure test 

piping that penetrates a containment 

vessel if the piping and isolation valves 

that are part of the containment system 

are Class 2 and the balance of the piping 

system is outside the scope of Section 

XI. However, in IWA–4540 of the 2003 

addenda and later edition and addenda 

of the ASME Code, the NDE 

requirement associated with the system 

leakage test has been removed. For the 

plants that used the ASME B31.1 Code 

for construction, there was no 

requirement to volumetrically examine 

certain piping components during 

fabrication. Section XI requires NDE per 

the construction code as part of repair/ 

replacement activities. Thus, if a B31.1 

plant performs a repair to certain Class 

2 or Class 3 piping, the construction 

code does not contain a provision for 

the NDE (as required by Section XI). 

Volumetric examination after repair or 

replacement is required to ensure high 

quality welds. A pressure test is only 

capable of determining the leakVerDate Nov<24>2008 16:00 Jun 01, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02JNP1.SGM 02JNP1
Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26307 

tightness of a weld at the time of the 

pressure test. Volumetric examination 

ensures high quality welds capable of 

performing their design function for the 

life of the component. Therefore, the 

NRC proposes a limitation on the use of 

Code Case N–751 so that when a 10 CFR 

Part 50, Appendix–J, Type–C test is 

performed as an alternative to the 

requirements of IWA–4540 (IWA–4700 

in the 1989 edition through the 1995 

edition) during repair and replacement 

activities, NDE must be performed in 

accordance with IWA–4540(a)(2) of the 

2002 Addenda of Section XI. 

ASME Code Cases Not Approved for 

Use 

ASME Code Cases which are 

currently issued by the ASME but not 

approved for generic use by the NRC are 

listed in RG 1.193, ‘‘ASME Code Cases 

Not Approved for Use.’’ The ASME 

Code Cases which are not approved for 

use include those code cases on hightemperature gas-cooled reactors; certain 

requirements in Section III, Division 2, 

that are not endorsed by the NRC; liquid 

metal; and submerged spent fuel waste 

casks. RG 1.193 complements RGs 1.84 

and 1.147. It should be noted that RG 

1.193 is not part of this rulemaking as 

the NRC is not proposing to adopt any 

of the code cases listed in this RG. Also, 

the NRC is not seeking public comment 

on whether the NRC should approve 

any of the ASME Code Cases in RG 

1.193. The RG is merely discussed as a 

matter of completeness. 

Paragraph-by-Paragraph Discussion 

Overall Considerations on the Use of 

ASME Code Cases 

This rulemaking would amend 10 

CFR 50.55a to incorporate by reference 

RG 1.84, Revision 35, which would 

supersede Revision 34, and RG 1.147, 

Revision 16, which would supersede 

Revision 15. The following general 

guidance applies to the use of the ASME 

Code Cases approved in the latest 

versions of the regulatory guides which 

are incorporated by reference into 10 

CFR 50.55a as part of this rulemaking. 

The endorsement of a code case in 

NRC RGs constitutes acceptance of its 

technical position for applications 

which are not precluded by regulatory 

or other requirements or by the 

recommendations in these or other RGs. 

The applicant and licensee are 

responsible for ensuring that use of the 

code case does not conflict with 

regulatory requirements or licensee 

commitments. The code cases listed in 

the RGs are acceptable for use within 

the limits specified in the code case. If 

the RG states an NRC condition on the 

use of a code case, then the NRC 

condition supplements and does not 

supersede any condition(s) specified in 

the code case, unless otherwise stated in 

the NRC condition. 

ASME Code Cases may be revised for 

many reasons, e.g., to incorporate 

operational examination and testing 

experience and to update material 

requirements based on research result. 

On occasion, an inaccuracy in an 

equation is discovered or an 

examination, as practiced, is found not 

to be adequate to detect a newly 

discovered degradation mechanism. 

Hence, when an applicant or a licensee 

initially implements a code case, 10 

CFR 50.55a requires that the applicant 

or the licensee implement the most 

recent version of that code case as listed 

in the RGs incorporated by reference. 

Code cases superseded by revision are 

no longer acceptable for new 

application unless otherwise indicated. 

Section III of the ASME BPV Code 

applies only to new construction (i.e., 

the edition 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 version of the code 

case is incorporated by reference into 

§ 50.55a and listed in the RGs, the 

applicant or the licensee may use either 

version of the code case (subject, 

however, to whatever change 

requirements apply to its licensing 

basis, e.g., 10 CFR 50.59). 

A licensee’s ISI and OM IST programs 

must be updated every 10 years to the 

latest edition and addenda of Section XI 

and the OM Code, respectively, that 

were incorporated by reference to 10 

CFR 50.55a and in effect 12 months 

prior to the start of the next inspection 

and testing interval. Licensees who were 

using a code case prior to the effective 

date of its revision may continue to use 

the previous version for the remainder 

of the 120-month ISI or IST 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. Since code cases apply to 

specific editions and addenda and since 

code cases may be revised because they 

are no longer accurate or adequate, 

licensees choosing to continue using a 

code case during the subsequent ISI 

interval must implement the latest 

version incorporated by reference into 

10 CFR 50.55a and listed in the RGs. 

The ASME may annul code cases that 

are no longer required, are determined 

to be inaccurate or inadequate, or have 

been incorporated into the BPV or OM 

Codes. If an applicant or a licensee 

applied a code case before it was listed 

as annulled or expired, the applicant or 

the licensee may continue to use the 

code case until the applicant or the 

licensee updates its construction Code 

of Record (in the case of an applicant, 

updates its application) or until the 

licensee’s 120-month ISI/IST update 

interval expires, after which the 

continued use of the code case is 

prohibited unless NRC approval is 

granted under 10 CFR 50.55a(a)(3). If a 

code case is incorporated by reference 

into 10 CFR 50.55a and later annulled 

by the ASME 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 annulled code case. 

Applicants and licensees should not 

begin to implement such annulled code 

cases in advance of the rulemaking. 

Concurrent with this action, the NRC 

is publishing in the Federal Register 

Notices of availability of these RGs 

listing acceptable ASME BPV Code 

Cases. 

Paragraph 50.55a(b) 

In paragraphs (b), and (b)(4) of 10 CFR 

50.55a, the reference to the revision 

number for RG 1.84 would be changed 

from ‘‘Revision 34’’ to ‘‘Revision 35.’’ In 

paragraph (b)(5) of 10 CFR 50.55a, the 

reference to the revision number for RG 

1.147 would be changed from ‘‘Revision 

15’’ to ‘‘Revision 16.’’; 

Paragraph 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 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) of 10 

CFR 50.55a, the reference to the revision 

number for RG 1.147 would be changed 

from ‘‘Revision 15’’ to ‘‘Revision 16.’’ 

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 PDR is located at 11555 Rockville 

Pike, Public File Area O–1F21, 

Rockville, Maryland 20852. 

Federal e-Rulemaking Portal. The 

Web site is located at http:// 

regulations.gov. 

The NRC’s Public Electronic Reading 

Room. The NRC’s public electronic 

reading room is located at http:// 

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

26308 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

TABLE 2 

Document PDR Web e-Reading room 

Proposed Rule—Regulatory Analysis ................................................................................................... X X ML082540559 

RG 1.84, Revision 35 (DG1191) ........................................................................................................... X X ML080910389 

RG 1.147, Revision 16 (DG1192) ......................................................................................................... X X ML080910245 

RG 1.193, Revision 2 (DG1193) ........................................................................................................... X X ML080920854 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, 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. In this action, the NRC is 

amending its regulations to incorporate 

by reference RGs that list ASME BPV 

Code Cases approved by the NRC. 

ASME Code Cases, which are ASMEapproved alternatives to the provisions 

of ASME Code editions and addenda, 

are national consensus standards as 

defined in Public Law 104–113 and 

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 it is 

consistent with the safe operation of 

nuclear power plants. Those code cases 

found to be generically acceptable are 

listed in the RGs that are incorporated 

by reference in 10 CFR 50.55a(b). Those 

that are found to be unacceptable are 

listed in RG 1.193, but licensees may 

still seek NRC’s approval to apply these 

code cases through the relief request 

process permitted in 10 CFR 

50.55a(a)(3). Other code cases, which 

the NRC finds to be conditionally 

acceptable, are also listed in the RGs 

that are incorporated by reference along 

with the conditions under which they 

may be applied. If the NRC did not 

conditionally accept ASME code cases, 

it would disapprove these code cases 

entirely. The effect would be that 

licensees would need to submit a larger 

number of relief requests, which would 

be an unnecessary additional burden for 

both the licensee and the NRC. For these 

reasons, the treatment of ASME BPV 

and OM Code Cases and any conditions 

proposed to be placed on them in this 

proposed 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: Environmental 

Assessment 

This proposed action stems from the 

Commission’s practice of incorporating 

by reference the RGs listing the most 

recent set of NRC-approved ASME code 

cases. The purpose of this proposed 

action is to allow licensees to use the 

code cases listed in the RGs as 

alternatives to requirements in the 

ASME BPV Code for the construction 

and ISI of nuclear power plant 

components. This proposed action is 

intended to advance the NRC’s strategic 

goal of ensuring adequate protection of 

public health and safety and the 

environment. It also demonstrates the 

agency’s commitment to participate in 

the national consensus standards 

process under the National Technology 

Transfer and Advancement Act of 1995, 

Public Law 104–113. 

The National Environmental Policy 

Act (NEPA) requires Federal 

government agencies to study the 

impacts of their ‘‘major Federal actions 

significantly affecting the quality of the 

human environment’’ and prepare 

detailed statements on the 

environmental impacts of the action and 

alternatives to the action (United States 

Code, Vol. 42, Section 4332(C) [42 

U.S.C. Sec. 4332(C)]; NEPA Sec. 102(C)). 

The Commission has determined 

under NEPA, as amended, and the 

Commission’s regulations in Subpart A 

of 10 CFR Part 51 that this proposed 

rule would not be a major Federal action 

significantly affecting the quality of the 

human environment. Therefore, an 

environmental impact statement is not 

required. 

As 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 are also no 

significant, non-radiological impacts 

associated with this action because no 

changes would be made affecting nonradiological 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 

will be no significant offsite impact to 

the public from this proposed action. 

Paperwork Reduction Act Statement 

This proposed rule increases the 

burden on licensees applying ASME 

Code Case N–730 to maintain repair 

records of the current control drive 

bottom head penetrations in BWRs for 

the life of the reactor vessel (10 CFR 

50.55a). The public burden for this 

information collection is estimated to 

average 5 hours per request. Because the 

burden for this information collection is 

insignificant, Office of Management and 

Budget (OMB) clearance is not required. 

Existing requirements were approved by 

the OMB approval number 3150–0011. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection unless the 

requesting document displays a 

currently valid OMB control number. 

Regulatory Analysis 

The ASME Code Cases listed in the 

RGs to be incorporated by reference 

provide voluntary alternatives to the 

provisions in the ASME BPV Code for 

design, construction, and ISI of specific 

structures, systems, and components 

used in nuclear power plants. 

Implementation of these code cases is 

not required. Licensees use NRCapproved ASME Code Cases to reduce 

unnecessary regulatory burden or gain 

additional operational flexibility. It 

would be difficult for the NRC to 

provide these advantages independently 

of the ASME Code Case publication 

process without expending considerable 

additional resources. The NRC has 

prepared a regulatory analysis 

addressing the qualitative benefits of the 

alternatives considered in this proposed 

rulemaking and comparing the costs 

associated with each alternative. The 

regulatory analysis is available for 

inspection on public computers in the 

NRC PDR, located at One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852, Room O–1 F21. Copies 

of the regulatory analysis are also 

available to the public as indicated 

under the Availability of Documents 

heading in this preamble. 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26309 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the 

Commission certifies that this proposed 

rule would not impose a significant 

economical impact on a substantial 

number of small entities. This proposed 

rule would affect only the licensing and 

operation of nuclear power plants. The 

companies that own these plants are not 

‘‘small entities’’ as defined in the 

Regulatory Flexibility Act or the size 

standards established by the NRC (10 

CFR 2.810). 

Backfitting Analysis 

The provisions in this proposed 

rulemaking would allow licensees to 

voluntarily apply NRC-approved code 

cases, sometimes with conditions. The 

voluntary implementation of an 

approved code case would not 

constitute a backfit. Thus, the 

Commission finds that this proposed 

rule does not involve any provisions 

that constitute a backfit as defined in 10 

CFR 50.109(a)(1) and that a backfit rule 

is not required. Accordingly, a backfit 

analysis has not been prepared for this 

rulemaking. 

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. 553, the NRC 

proposes to adopt the following 

amendments to 10 CFR Part 50. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

1. The authority citation for Part 50 is 

revised 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); Energy 

Policy Act of 2005, Pub. L. 109–58, 119 Stat. 

194 (2005). 

Section 50.7 also issued under Pub. L. 95– 

601, sec. 10, 92 Stat. 2951 as amended by 

Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 

U.S.C. 5841), 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(d), 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 

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 35, ‘‘Design, Fabrication, 

and Materials Code Case Acceptability, 

ASME Section III’’ [temporarily 

designated DG–1191]; NRC Regulatory 

Guide 1.147, Revision 16, ‘‘Inservice 

Inspection Code Case Acceptability, 

ASME Section XI, Division 1’’ 

[temporarily designated DG–1192]; 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 

that the NRC has approved in 

accordance with the requirements in 

paragraphs (b)(4), (b)(5), and (b)(6) of 

this section. 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 35; 1.147, Revision 16; 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.Resource@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. Applicants and licensees 

may apply the ASME Boiler and 

Pressure Vessel Code cases listed in 

NRC Regulatory Guide 1.84, Revision 35 

without prior NRC approval subject to 

the following: 

* * * * * 

(5) In-service Inspection Code Cases. 

Licensees may apply the ASME Boiler 

and Pressure Vessel Code cases listed in 

Regulatory Guide 1.147, Revision 16, 

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, Revision 

16; or Regulatory Guide 1.192 that are 

incorporated by reference in paragraph 

(b) 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 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, Revision 

16; or Regulatory Guide 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

applicable limitations and modifications 

listed therein. 

(3) * * * 

26310 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

(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, Revision 16; or Regulatory 

Guide 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 

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, Revision 

16, 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, Revision 16; or 

Regulatory Guide 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

conditions 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, Revision 

16, that are incorporated by reference in 

paragraph (b) of this section) in effect 6 

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, 

Revision 16, 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, 

Revision 16, 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, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

* * * * * 

(4) * * * 

(i) Inservice examination 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, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section, subject to the conditions 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, Revision 

16, that are incorporated by reference in 

paragraph (b) of this section), subject to 

the conditions listed in paragraph (b) of 

this section. 

* * * * * 

Dated at Rockville, Maryland, this 12th day 

of May 2009. 

For the Nuclear Regulatory Commission 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–12751 Filed 6–1–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI60 

[NRC–2009–0132] 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 6 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage cask 

regulations by revising the Holtec 

International HI–STORM 100 dry 

storage cask system listing within the 

‘‘List of Approved Spent Fuel Storage 

Casks’’ to include Amendment No. 6 to 

Certificate of Compliance (CoC) Number 

1014. Amendment No. 6 would modify 

the CoC to add instrument tube tie rods 

used for pressurized water reactor 15x15 

and 17x17 fuel lattices, for both intact 

and damaged fuel assemblies, to the 

approved contents of the MPC–24, 

MPC–24E, MPC–24EF, MPC–32, and