[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26440-26442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12750]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0014]


Draft Regulatory Guides: Issuance, Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance and availability of Draft Regulatory Guides 
DG-1191, DG-1192, and DG-1193.

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FOR FURTHER INFORMATION CONTACT: Wallace E. Norris, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 251-
7650 or e-mail to <a href="/cdn-cgi/l/email-protection#dc8bbdb0b0bdbfb9f292b3aeaeb5af9cb2aebff2bbb3aa"><span class="__cf_email__" data-cfemail="eabd8b86868b898fc4a48598988399aa849889c48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public 
comment three Draft Regulatory Guides (DGs) in the agency's 
``Regulatory Guide'' series. Specifically, these are Revision 35 of 
Regulatory Guide (RG) 1.84, ``Design, Fabrication, and Materials Code 
Case Acceptability, ASME Section III'' (temporarily identified by its 
task number, DG-1191); Revision 16 of RG 1.147, ``Inservice Inspection 
Code Case Acceptability, ASME Section XI, Division 1'' (temporarily 
identified by its task number DG-1192); and Revision 3 of RG 1.193, 
``ASME Code Cases Not Approved for Use'' (temporarily identified by its 
task number DG-1193).
    This series was developed to describe and make available to the 
public such information as methods acceptable to the NRC staff for 
implementing specific parts of NRC's regulations, techniques the staff 
uses in evaluating specific problems or postulated accidents, and data 
the staff needs in its review of applications for permits and licenses.

II. Discussion

    Regulatory Guide 1.84 (temporarily identified by its task number, 
DG-1191) lists all Section III Code Cases that NRC has approved for 
use. For Revision 35 of the guide, NRC reviewed the Section III Code 
Cases listed in Supplements 2-11 to the 2004 Edition of the American 
Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel (BPV) 
Code and Supplement 0 to the 2007 Edition (Supplement 0 also serves as 
Supplement 12 to the 2004 Edition). Appendix A to this guide lists the 
supplements reviewed, the applicable edition, and the date on which 
each supplement was approved by the ASME Board on Nuclear Codes and 
Standards. Appendix B is a list of the Section III Code Cases addressed 
in the eleven supplements. Finally, Appendix C is a current list of all 
Section III Code Cases.
    Provisions of the ASME BPV Code have been used since 1971 as one 
part of the framework to establish the necessary design, fabrication, 
construction, testing, and performance requirements for structures, 
systems, and components important to safety. Among other things, ASME 
standards committees develop improved methods for the construction and 
inservice inspection (ISI) of ASME Classes 1, 2, 3, MC (metal 
containment), and CC (concrete containment) nuclear power plant 
components. A broad spectrum of stakeholders participate in the ASME 
process, which helps to ensure that the various interests are 
considered.
    The regulation in Title 10, Part 50, of the Code of Federal 
Regulations (CFR), 10 CFR 50.55a(c), ``Reactor Coolant Pressure 
Boundary,'' requires, in part,

[[Page 26441]]

that components of the reactor coolant pressure boundary must be 
designed, fabricated, erected, and tested in accordance with the 
requirements for Class 1 components of Section III, ``Rules for 
Construction of Nuclear Power Plant Components,'' of the ASME BPV Code 
or equivalent quality standards. ASME publishes a new edition of the 
BPV Code, which includes Section III, every 3 years and new addenda 
every year. The latest editions and addenda of Section III that NRC has 
approved for use are referenced in 10 CFR 50.55a(b).
    ASME also publishes Code Cases quarterly. Code Cases provide 
alternatives developed and approved by ASME. This RG identifies the 
Code Cases that have been determined by NRC to be acceptable 
alternatives to applicable parts of Section III. Section III Code Cases 
not yet endorsed by NRC may be used by a licensee or applicant through 
10 CFR 50.55a(a)(3). That section permits the use of alternatives to 
the Code requirements referenced in 10 CFR 50.55a provided that the 
proposed alternatives result in an acceptable level of quality and 
safety and that their use is authorized by the Director of the Office 
of Nuclear Reactor Regulation.
    The ASME Code is incorporated by reference into 10 CFR 50.55a. Code 
Cases approved by NRC provide an acceptable voluntary alternative to 
the mandatory ASME Code provisions. Therefore, NRC will amend 10 CFR 
50.55a to incorporate by reference the new Code Cases and revisions to 
existing Code Cases listed in this guide and to state the requirements 
governing the use of Code Cases. Because of continuing change in the 
status of Code Cases, the staff plans periodic updates to 10 CFR 50.55a 
and this guide to accommodate new Code Cases and any revisions of 
existing Code Cases.
    For Revision 16 of RG 1.147 (temporarily identified by its task 
number DG-1192), NRC reviewed the Section XI Code Cases listed in 
Supplements 2 through 11 to the 2004 Edition and Supplement 0 published 
with the 2007 Edition (Supplement 0 also serves as Supplement 12 to the 
2004 Edition) of the ASME BPV Code. Appendix A to this guide lists the 
supplements reviewed, the edition, the supplement number, and the date 
on which the supplement was approved by the ASME Board on Nuclear Codes 
and Standards. Appendix B is a list of the Section XI Code Cases 
published by ASME in the 11 supplements. Finally, Appendix C is a 
current list of all Section XI Code Cases.
    The regulation in 10 CFR 50.55a(g), ``Inservice Inspection 
Requirements,'' requires, in part, that Classes 1, 2, 3, metal 
containment (MC) and concrete containment (CC) components and their 
supports meet the requirements of Section XI, ``Rules for Inservice 
Inspection of Nuclear Power Plant Components,'' of the ASME BPV Code or 
equivalent quality standards. Every 3 years, ASME publishes a new 
edition of the BPV Code, including Section XI, and new addenda are 
published every year. The latest editions and addenda of Section XI 
that NRC has approved for use are referenced in 10 CFR 50.55a(b). ASME 
also publishes Code Cases quarterly. Code Cases provide alternatives to 
existing Code requirements that ASME developed and approved. This RG 
identifies the Code Cases that NRC has determined to be acceptable 
alternatives to applicable parts of Section XI. Licensees may use these 
Code Cases without requesting authorization from NRC provided they are 
used with any identified limitations or modifications. Section XI Code 
Cases not yet endorsed by NRC may be used by a licensee or applicant 
through 10 CFR 50.55a(a)(3). That section permits the use of 
alternatives to the Code requirements referenced in 10 CFR 50.55a 
provided the proposed alternatives result in an acceptable level of 
quality and safety and that their use is authorized by the Director of 
the Office of Nuclear Reactor Regulation.
    The ASME Code is incorporated by reference into 10 CFR 50.55a, 
which NRC will amend to incorporate this guide by reference; 10 CFR 
50.55a states the requirements governing the use of Code Cases. Because 
of continuing change in the status of Code Cases, the staff plans 
periodic updates to 10 CFR 50.55a and this guide to accommodate new 
Code Cases and any revisions of existing Code Cases. Code Cases 
approved by NRC provide an acceptable voluntary alternative to the 
mandatory ASME Code provisions.
    Revision 3 of RG 1.193 (temporarily identified by its task number 
DG-1193) lists the Code Cases that NRC has determined not to be 
acceptable for use on a generic basis. A brief description of the basis 
for the determination is provided with each Code Case. Licensees may 
submit a request to implement one or more of the Code Cases listed 
through 10 CFR 50.55a(a)(3), which permits the use of alternatives to 
the Code requirements referenced in 10 CFR 50.55a, provided the 
proposed alternatives result in an acceptable level of quality and 
safety. Licensees must submit a plant-specific request that addresses 
NRC's concerns about the Code Case at issue.
    In 10 CFR Part 50 ``Domestic Licensing of Production and 
Utilization Facilities,'' Section 50.55a(c), ``Reactor Coolant Pressure 
Boundary,'' requires, in part, that components of the reactor coolant 
pressure boundary be designed, fabricated, erected, and tested in 
accordance with the requirements for Class 1 components of Section III, 
``Rules for Construction of Nuclear Power Plant Components,'' of the 
ASME BPV Code or equivalent quality standards. Section 50.55a(f), 
``Inservice Testing Requirements,'' requires, in part, that Classes 1, 
2, and 3 components and their supports meet the requirements of the 
ASME Code for Operation and Maintenance of Nuclear Power Plants (OM 
Code) or equivalent quality standards. Finally, 10 CFR 50.55a(g), 
``Inservice Inspection Requirements,'' requires, in part, that Classes 
1, 2, 3, MC and CC components and their supports meet the requirements 
of Section XI, ``Rules for Inservice Inspection of Nuclear Power Plant 
Components,'' of the ASME BPV Code or equivalent quality standards.

III. Further Information

    The NRC staff is soliciting comments on DG-1191, DG-1192, and DG-
1193. Comments may be accompanied by relevant information or supporting 
data and should mention DG-1191, DG-1192, or DG-1193 in the subject 
line. Comments submitted in writing or in electronic form will be made 
available to the public in their entirety through the NRC's Agencywide 
Documents Access and Management System (ADAMS).
    Personal information will not be removed from your comments. You 
may submit comments by any of the following methods:
    1. Mail comments to: Rulemaking and Directives Branch, Mail Stop: 
TWB-05-B01M, Office of Administration, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    2. 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 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#76351704191a5831171a1a17111e13043618041558111900"><span class="__cf_email__" data-cfemail="bbf8dac9d4d795fcdad7d7dadcd3dec9fbd5c9d895dcd4cd">[email protected]</span></a>.
    3. Fax comments to: Rulemaking and Directives Branch, Office of 
Administration, U.S. Nuclear Regulatory Commission at (301) 492-3446.
    Requests for technical information about DG-1191, DG-1192, and DG-
1193 may be directed to the NRC contact, Wallace E. Norris, at (301) 
251-7650 or e-mail to <a href="/cdn-cgi/l/email-protection#c196a0adada0a2a4ef8faeb3b3a8b281afb3a2efa6aeb7"><span class="__cf_email__" data-cfemail="dd8abcb1b1bcbeb8f393b2afafb4ae9db3afbef3bab2ab">[email protected]</span></a>.
    Comments would be most helpful if received by August 17, 2009. 
Comments

[[Page 26442]]

received after that date will be considered if it is practical to do 
so, but NRC is able to ensure consideration only for comments received 
on or before this date. Although a time limit is given, comments and 
suggestions in connection with items for inclusion in guides currently 
being developed or improvements in all published guides are encouraged 
at any time.
    Electronic copies of DG-1191, DG-1192, and DG-1193 are available 
through NRC's public Web site under Draft Regulatory Guides in the 
``Regulatory Guides'' collection of NRC's Electronic Reading Room at 
http://www.nrc.gov/reading-rm/doc-collections/. Electronic copies also 
are available in ADAMS (http://www.nrc.gov/reading-rm/adams.html) under 
Accession No. ML080910389 (DG-1191), ML080910245 (DG-1192), and 
ML080920854 (DG-1193).
    In addition, regulatory guides are available for inspection at 
NRC's Public Document Room (PDR) located at 11555 Rockville Pike, 
Rockville, Maryland. The PDR's mailing address is USNRC PDR, 
Washington, DC 20555-0001. The PDR also can be reached by telephone at 
(301) 415-4737 or (800) 397-4205, by fax at (301) 415-3548, and by e-
mail to <a href="/cdn-cgi/l/email-protection#7d0d190f530f180e12080f1e183d130f1e531a120b"><span class="__cf_email__" data-cfemail="49392d3b673b2c3a263c3b2a2c09273b2a672e263f">[email protected]</span></a>.
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 21st day of May 2009.

    For the Nuclear Regulatory Commission.
James E. Lyons,
Deputy Director, Office of Nuclear Regulatory Research.
[FR Doc. E9-12750 Filed 6-1-09; 8:45 am]
BILLING CODE 7590-01-P


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