81_FR_10821 81 FR 10780 - Approval of American Society of Mechanical Engineers' Code Cases

81 FR 10780 - Approval of American Society of Mechanical Engineers' Code Cases

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range10780-10798
FR Document2016-04355

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference proposed revisions of three regulatory guides (RGs) which would approve new, revised, and reaffirmed Code Cases published by the American Society of Mechanical Engineers (ASME). This proposed action would allow nuclear power plant licensees, and applicants for construction permits, operating licenses, combined licenses, standard design certifications, standard design approvals and manufacturing licenses, to use the Code Cases listed in these draft RGs as alternatives to engineering standards for the construction, inservice inspection, and inservice testing of nuclear power plant components. These engineering standards are set forth in ASME Boiler and Pressure Vessel Codes and ASME Operations and Maintenance Codes, which are currently incorporated by reference into the NRC's regulations. The NRC is requesting comments on this proposed rule and on the draft versions of the three RGs proposed to be incorporated by reference. The NRC is also making available a related draft RG that lists Code Cases that the NRC has not approved for use. This draft RG will not be incorporated by reference into the NRC's regulations.

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016) 
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Proposed Rules]
[Pages 10780-10798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04355]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / 
Proposed Rules

[[Page 10780]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2012-0059]
RIN 3150-AJ13


Approval of American Society of Mechanical Engineers' Code Cases

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to incorporate by reference proposed revisions of 
three regulatory guides (RGs) which would approve new, revised, and 
reaffirmed Code Cases published by the American Society of Mechanical 
Engineers (ASME). This proposed action would allow nuclear power plant 
licensees, and applicants for construction permits, operating licenses, 
combined licenses, standard design certifications, standard design 
approvals and manufacturing licenses, to use the Code Cases listed in 
these draft RGs as alternatives to engineering standards for the 
construction, inservice inspection, and inservice testing of nuclear 
power plant components. These engineering standards are set forth in 
ASME Boiler and Pressure Vessel Codes and ASME Operations and 
Maintenance Codes, which are currently incorporated by reference into 
the NRC's regulations. The NRC is requesting comments on this proposed 
rule and on the draft versions of the three RGs proposed to be 
incorporated by reference. The NRC is also making available a related 
draft RG that lists Code Cases that the NRC has not approved for use. 
This draft RG will not be incorporated by reference into the NRC's 
regulations.

DATES: Submit comments on the proposed rule and related guidance by May 
16, 2016. Submit comments specific to the information collections 
aspects of this rule by April 1, 2016. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only of comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer Tobin, Office of Nuclear 
Reactor Regulation, telephone: 301-415-2328, email: 
[email protected]; and Anthony Cinson, Office of Nuclear 
Regulatory Research, telephone: 301-415-2393; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The purpose of this regulatory action is to incorporate by 
reference into the NRC regulations the latest revisions of three RGs 
(currently in draft form for comment). The three draft RGs identify 
new, revised, and reaffirmed Code Cases published by the ASME, which 
the NRC has determined are acceptable for use as alternatives to 
compliance with certain provisions of the ASME Boiler and Pressure 
Vessel Codes and ASME Operations and Maintenance Codes currently 
incorporated by reference into the NRC's regulations. The three draft 
RGs that the NRC proposes to incorporate by reference are RG 1.84, 
``Design, Fabrication, and Materials Code Case Acceptability, ASME 
Section III,'' Revision 37 (Draft Regulatory Guide (DG)-1295); RG 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18 (DG-1296); and RG 1.192, ``Operation and 
Maintenance [OM] Code Case Acceptability, ASME OM Code,'' Revision 2 
(DG-1297). This proposed action would allow nuclear power plant 
licensees and applicants for construction permits (CPs), operating 
licenses (OLs), combined licenses (COLs), standard design 
certifications, standard design approvals, and manufacturing licenses, 
to use the Code Cases newly listed in these revised RGs as alternatives 
to engineering standards for the construction, inservice inspection 
(ISI), and inservice testing (IST) of nuclear power plant components. 
The NRC also notes the availability of a proposed version of RG 1.193, 
``ASME Code Cases Not Approved for Use,'' Revision 5 (DG-1298). This 
document lists Code Cases that the NRC has not approved for generic 
use, and will not be incorporated by reference into the NRC's 
regulations. The NRC is not requesting comment on RG 1.193.
    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative costs and benefits of the proposed rule, as well 
as qualitative factors to be considered in the NRC's rulemaking 
decision. The analysis concluded that the proposed rule would result in 
net savings to the industry and the NRC. As shown in the following 
table, the estimated total net benefit relative to the regulatory 
baseline, the quantitative benefits outweigh the costs by a range from 
approximately $5,504,000 (7-percent NPV) to $6,520,000 (3-percent NPV).

[[Page 10781]]



----------------------------------------------------------------------------------------------------------------
                                                                          Total averted costs (Costs)
                          Attribute                           --------------------------------------------------
                                                                 Undiscounted        7% NPV           3% NPV
----------------------------------------------------------------------------------------------------------------
Industry Implementation......................................    ($1,933,000)     ($1,933,000)     ($1,933,000)
Industry Operation...........................................     $7,771,000       $6,375,000       $7,124,000
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total Industry Costs.........................................     $4,517,000       $3,353,000       $3,978,000
----------------------------------------------------------------------------------------------------------------
                                                               ...............  ...............  ...............
NRC Implementation...........................................      ($294,000)       ($294,000)       ($294,000)
NRC Operation................................................     $3,190,000       $2,444,000       $2,836,000
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total NRC Cost...............................................     $2,896,000       $2,151,000       $2,543,000
----------------------------------------------------------------------------------------------------------------
                                                               ...............  ...............  ...............
    Net......................................................     $7,413,000       $5,504,000       $6,520,000
----------------------------------------------------------------------------------------------------------------

    The regulatory analysis also considered the following 
nonquantifiable benefits for industry and the NRC: (1) Would provide 
licensees with flexibility and would decrease licensee's uncertainty 
when making modifications or preparing to perform ISI or IST; (2) 
consistency with the provisions of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), which encourages Federal regulatory 
agencies to consider adopting voluntary consensus standards as an 
alternative to de novo agency development of standards affecting an 
industry; (3) consistency with the NRC's policy of evaluating the 
latest versions of consensus standards in terms of their suitability 
for endorsement by regulations and regulatory guides; and (4) 
consistency with the NRC's goal to harmonize with international 
standards to improve regulatory efficiency for both the NRC and 
international standards groups.
    The draft regulatory analysis concludes that the proposed rule 
should be adopted because it is justified when integrating the cost-
beneficial quantitative results and the positive and supporting 
nonquantitative considerations in the decision. For more information, 
please see the regulatory analysis (ADAMS Accession No. ML15041A816).

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. Submitting Comments
II. Background
III. Discussion
    A. Code Cases Proposed To Be Approved for Unconditional Use
    B. Code Cases Proposed To Be Approved for Use With Conditions
    ASME BPV Code, Section III Code Cases (DG-1295/RG 1.84)
    ASME BPV Code, Section XI Code Cases (DG-1296/RG 1.147)
    OM Code Cases (DG-1297/RG 1.192)
    C. ASME Code Cases Not Approved for Use (DG-1298/RG 1.193)
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Incorporation by Reference--Reasonable Availability to 
Interested Parties
X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact
XI. Paperwork Reduction Act Statement
XII. Voluntary Consensus Standards
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2012-0059 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0059 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    The ASME develops and publishes the ASME Boiler and Pressure Vessel 
Code (BPV Code), which contains requirements for the design, 
construction, and ISI and examination of nuclear power plant 
components, and the ASME Code for Operation and Maintenance of Nuclear 
Power Plants (OM Code) \1\, which contains requirements for IST of 
nuclear power plant components. In response to BPV and OM Code user 
requests, the ASME develops Code Cases that provide alternatives to BPV 
and OM Code requirements under special circumstances.
---------------------------------------------------------------------------

    \1\ The editions and addenda of the ASME Code for Operation and 
Maintenance of Nuclear Power Plants have had different titles from 
2005 to 2012, and are referred to collectively in this rule as the 
``OM Code.''

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[[Page 10782]]

    The NRC approves and can mandate the use of the ASME BPV and OM 
Codes in Sec.  50.55a, ``Codes and standards,'' of title 10 of the Code 
of Federal Regulations (10 CFR) through the process of incorporation by 
reference. As such, each provision of the ASME Codes incorporated by 
reference into, and mandated by Sec.  50.55a constitutes a legally-
binding NRC requirement imposed by rule. As noted previously, 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 Sec.  50.55a to incorporate by reference 
NRC RGs listing approved ASME Code Cases that may be used as 
alternatives to the BPV and OM Codes.\2\
---------------------------------------------------------------------------

    \2\ See ``Incorporation by Reference of ASME BPV and OM Code 
Cases'' (68 FR 40469; July 8, 2003).
---------------------------------------------------------------------------

    This rulemaking is the latest in a series of rulemakings that 
incorporate by reference new versions of several RGs identifying new, 
revised, and reaffirmed,\3\ and unconditionally or conditionally 
acceptable ASME Code Cases that the NRC approves for use. 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 the 
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 Sec.  
50.55a. Currently, NRC RG 1.84, ``Design, Fabrication, and Materials 
Code Case Acceptability, ASME Section III,'' Revision 36; RG 1.147, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 17; and RG 1.192, ``Operation and Maintenance 
Code Case Acceptability, ASME OM Code,'' Revision 1, are incorporated 
into the NRC's regulations in Sec.  50.55a.
---------------------------------------------------------------------------

    \3\ Code Cases are categorized by ASME as one of three types: 
New, revised, or reaffirmed. A new Code Case provides for a new 
alternative to specific ASME Code provisions or addresses a new 
need. The ASME defines a revised Code Case to be 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 RGs that have been incorporated 
by reference into Sec.  50.55a. The ASME defines ``reaffirmed'' as 
an OM Code Case to be one that does not have any change to technical 
content, but includes editorial changes.
---------------------------------------------------------------------------

III. Discussion

    This proposed rule would incorporate by reference the latest 
revisions of the NRC RGs that list ASME BPV and OM Code Cases that the 
NRC finds to be acceptable, or acceptable with NRC-specified conditions 
(``conditionally acceptable''). Regulatory Guide 1.84 (DG-1295, 
Revision 37) would supersede Revision 36; RG 1.147 (DG-1296, Revision 
18) would supersede Revision 17; and RG 1.192 (DG-1297, Revision 2) 
would supersede Revision 1. The NRC also publishes a document (RG 
1.193, ``ASME Code Cases Not Approved for Use'') that lists Code Cases 
that the NRC has not approved for generic use.
    RG 1.193 is not incorporated by reference into the NRC's 
regulations; however, NRC notes the availability of a proposed version 
of RG 1.193, Revision 5 (DG-1298). The NRC is not requesting comment on 
DG-1298.
    The ASME Code Cases that are the subject of this rulemaking are the 
new, revised, and reaffirmed Section III and Section XI Code Cases 
listed in Supplement 11 to the 2007 BPV Code through Supplement 10 to 
the 2010 BPV Code, and the OM Code Cases published with the 2009 
Edition through the 2012 Edition.
    The latest editions and addenda of the ASME BPV and OM Codes that 
the NRC has approved for use are referenced in Sec.  50.55a. The ASME 
also publishes Code Cases that provide alternatives to existing Code 
requirements that the ASME developed and approved. The proposed rule 
would incorporate by reference RGs 1.84, 1.147, and 1.192, allowing 
nuclear power plant licensees, and applicants for CPs, OLs, COLs, 
standard design certifications, standard design approvals, and 
manufacturing licenses under the regulations that govern license 
certifications to use the Code Cases listed in these RGs as suitable 
alternatives to the ASME BPV and OM Codes for the construction, ISI, 
and IST of nuclear power plant components. This action would be 
consistent with the provisions of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, which encourages 
Federal regulatory agencies to consider adopting industry consensus 
standards as an alternative to de novo agency development of standards 
affecting an industry. This action would also be consistent with the 
NRC policy of evaluating the latest versions of consensus standards in 
terms of their suitability for endorsement by regulations or regulatory 
guides.
    The NRC follows a three-step process to determine acceptability of 
new, revised, and reaffirmed Code Cases, and the need for regulatory 
positions on the uses of these Code Cases. This process was employed in 
the review of the Code Cases in Supplement 11 to the 2007 Edition 
through Supplement 10 to the 2010 Edition of the BPV Code and the 2009 
Edition through the 2012 Edition of the OM Code. The Code Cases in 
these supplements and OM Editions and Addenda are the subject of this 
proposed rule. First, the ASME develops Code Cases through a consensus 
development process, as administered by the American National Standards 
Institute (ANSI), which ensures that the various technical interests 
(e.g., utility, manufacturing, insurance, regulatory) are represented 
on standards development committees and that their view points are 
addressed fairly. The NRC staff actively participates through full 
involvement in discussions and technical debates of the task groups, 
working groups, subgroups, and standards committee regarding the 
development of new and revised standards. The Code Case process 
includes development of a technical justification in support of each 
new or revised Code Case. The ASME committee meetings are open to the 
public and attendees are encouraged to participate. Task groups, 
working groups, and subgroups report to a standards committee. The 
standards committee is the decisive consensus committee in that it 
ensures that the development process fully complies with the ANSI 
consensus process.
    Second, the standards committee transmits a first consideration 
letter ballot to every member of the standards committee requesting 
comment or approval of new and revised Code Cases. Code Cases are 
approved by the standards committee from the first consideration letter 
ballot when at least two thirds of the eligible consensus committee 
membership vote approved, there are no disapprovals from the standards 
committee, and no substantive comments are received from the ASME 
oversight committees such as the Technical Oversight Management 
Committee (TOMC). The TOMC's duties, in part, are to oversee various 
standards committees to ensure technical adequacy and to provide 
recommendations in the development of codes and standards, as required. 
Code Cases that were disapproved or received substantive comments from 
the first consideration ballot are reviewed by the working level 
group(s) responsible for their development to consider the comments 
received. These Code Cases are approved by the standards committee on 
second consideration when at least two thirds of the eligible consensus 
committee membership vote approved, and there are no more than three 
disapprovals from the consensus committee.

[[Page 10783]]

    Third, the NRC reviews new, revised, and reaffirmed Code Cases to 
determine their acceptability for incorporation by reference in Sec.  
50.55a through the subject RGs. This rulemaking process, when 
considered together with the ANSI process for developing and approving 
the ASME codes and standards, and Code Cases, constitutes the NRC's 
basis that the Code Cases (with conditions as necessary) provide 
reasonable assurance of adequate protection to public health and 
safety.
    The NRC reviewed the new, revised, and reaffirmed Code Cases 
identified in the three draft regulatory guides proposed to be 
incorporated by reference into Sec.  50.55a in this rulemaking. The NRC 
proposes to conclude, in accordance with the process described, that 
the Code Cases are technically adequate (with conditions as necessary) 
and consistent with current NRC regulations, and referencing these Code 
Cases in the applicable RGs, thereby approving them for use subject to 
the specified conditions.

A. Code Cases Proposed To Be Approved for Unconditional Use

    The Code Cases that are discussed in TABLE I are new, revised or 
reaffirmed Code Cases in which the NRC is not proposing any conditions. 
The NRC concludes, in accordance with the process described for review 
of ASME Code Cases, that each of the ASME Code Cases listed in TABLE I 
are acceptable for use without conditions. Therefore, the NRC proposes 
to approve for unconditional use the Code Cases listed in TABLE I. This 
table identifies the draft regulatory guide listing the applicable Code 
Case that the NRC proposes to approve for use.

           Table I--Code Cases Proposed for Unconditional Use
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
                     (addressed in DG-1295, Table 1)
------------------------------------------------------------------------
N-284-3.......................  7 (10 Edition)...  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction,
                                                    Section III,
                                                    Divisions 1 and 3.
N-500-4.......................  8 (10 Edition)...  Alternative Rules for
                                                    Standard Supports
                                                    for Classes 1, 2, 3,
                                                    and MC, Section III,
                                                    Division 1.
N-520-5.......................  10 (10 Edition)..  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-594-1.......................  8 (10 Edition)...  Repairs to P-4 and P-
                                                    5A Castings without
                                                    Postweld Heat
                                                    Treatment Class 1,
                                                    2, and 3
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-637-1.......................  3 (10 Edition)...  Use of 44Fe-25Ni-21Cr-
                                                    Mo (Alloy UNS
                                                    N08904) Plate, Bar,
                                                    Fittings, Welded
                                                    Pipe, and Welded
                                                    Tube, Classes 2 and
                                                    3, Section III,
                                                    Division 1.
N-655-2.......................  4 (10 Edition)...  Use of SA-738, Grade
                                                    B, for Metal
                                                    Containment Vessels,
                                                    Class MC, Section
                                                    III, Division 1.
N-763.........................  2 (10 Edition)...  ASTM A 709-06, Grade
                                                    HPS 70W (HPS 485W)
                                                    Plate Material
                                                    Without Postweld
                                                    Heat Treatment as
                                                    Containment Liner
                                                    Material or
                                                    Structural
                                                    Attachments to the
                                                    Containment Liner,
                                                    Section III,
                                                    Division 2.
N-777.........................  4 (10 Edition)...  Calibration of Cv
                                                    Impact Test
                                                    Machines, Section
                                                    III, Divisions 1, 2,
                                                    and 3.
N-785.........................  11 (07 Edition)..  Use of SA-479/SA-
                                                    479M, UNS S41500 for
                                                    Class 1 Welded
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-811.........................  7 (10 Edition)...  Alternative
                                                    Qualification
                                                    Requirements for
                                                    Concrete Level III
                                                    Inspection
                                                    Personnel, Section
                                                    III, Division 2.
N-815.........................  8 (10 Edition)...  Use of SA-358/SA-358M
                                                    Grades Fabricated as
                                                    Class 3 or Class 4
                                                    Welded Pipe, Class
                                                    CS Core Support
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-816.........................  8 (10 Edition)...  Use of Temper Bead
                                                    Weld Repair Rules
                                                    Adopted in 2010
                                                    Edition and Earlier
                                                    Editions, Section
                                                    III, Division 1.
N-817.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <=4.000
                                                    in. Material, Class
                                                    2 Construction (1992
                                                    Edition or Later),
                                                    Section III,
                                                    Division 1.
N-819.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <=4.000
                                                    in. Material, Class
                                                    2 Construction (1989
                                                    Edition with the
                                                    1991 Addenda or
                                                    Earlier), Section
                                                    III, Division 1.
N-822.........................  8 (10 Edition)...  Application of the
                                                    ASME Certification
                                                    Mark, Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
                     (addressed in DG-1296, Table 1)
------------------------------------------------------------------------
N-609-1.......................  3 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Stress-Based
                                                    Selection Criteria
                                                    for Category B-J
                                                    Welds, Section XI,
                                                    Division 1.
N-613-2.......................  4 (10 Edition)...  Ultrasonic
                                                    Examination of Full
                                                    Penetration Nozzles
                                                    in Vessels,
                                                    Examination Category
                                                    B-D, Reactor
                                                    Nozzle[dash]To[dash]
                                                    Vessel Welds, and
                                                    Nozzle Inside Radius
                                                    Section Figs. IWB-
                                                    2500-7(a), (b), (c),
                                                    and (d), Section XI,
                                                    Division 1.
N-652-2.......................  9 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Categorize B-G-1, B-
                                                    G-2, and C-D Bolting
                                                    Examination Methods
                                                    and Selection
                                                    Criteria, Section
                                                    XI, Division 1.

[[Page 10784]]

 
N-653-1.......................  9 (10 Edition)...  Qualification
                                                    Requirements for
                                                    Full Structural
                                                    Overlaid Wrought
                                                    Austenitic Piping
                                                    Welds, Section XI,
                                                    Division 1.
N-694-2 \4\...................  1 (13 Edition)...  Evaluation Procedure
                                                    and Acceptance
                                                    Criteria for
                                                    [pressurized water
                                                    reactors] (PWR)
                                                    Reactor Vessel Head
                                                    Penetration Nozzles,
                                                    Section XI, Division
                                                    1.
N-730-1.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 Control Rod
                                                    Drive Bottom Head
                                                    Penetrations in
                                                    [boiling water
                                                    reactors] BWRs,
                                                    Section XI, Division
                                                    1.
N-769-2.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 In[dash]Core
                                                    Housing Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-771.........................  7 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Additional
                                                    Examinations of
                                                    Class 2 or 3 Items,
                                                    Section XI, Division
                                                    1.
N-775.........................  2 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Bolting Affected by
                                                    Borated Water
                                                    Leakage, Section XI,
                                                    Division 1.
N-776.........................  1 (10 Edition)...  Alternative to IWA-
                                                    5244 Requirements
                                                    for Buried Piping,
                                                    Section XI, Division
                                                    1.
N-786.........................  5 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Sleeve Reinforcement
                                                    of Class 2 and 3
                                                    Moderate-Energy
                                                    Carbon Steel Piping,
                                                    Section XI, Division
                                                    1.
N-798.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Vent,
                                                    Drain, and Test
                                                    Isolation Devices,
                                                    Section XI, Division
                                                    1.
N-800.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Injection
                                                    Valves, Section XI,
                                                    Division 1.
N-803.........................  5 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Automatic or Machine
                                                    Dry Underwater Laser
                                                    Beam Welding (ULBW)
                                                    Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-805.........................  6 (10 Edition)...  Alternative to Class
                                                    1 Extended Boundary
                                                    End of Interval or
                                                    Class 2 System
                                                    Leakage Testing of
                                                    the Reactor Vessel
                                                    Head Flange O-Ring
                                                    Leak-Detection
                                                    System, Section XI,
                                                    Division 1.
N-823.........................  9 (10 Edition)...  Visual Examination,
                                                    Section XI, Division
                                                    1.
N-825 \5\.....................  3 (13 Edition)...  Alternative
                                                    Requirements for
                                                    Examination of
                                                    Control Rod Drive
                                                    Housing Welds,
                                                    Section XI, Division
                                                    1.
N-845 \6\.....................  6 (13 Edition)...  Qualification
                                                    Requirements for
                                                    Bolts and Studs,
                                                    Section XI, Division
                                                    1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
                     (addressed in DG-1297, Table 1)
------------------------------------------------------------------------
Code Case No.                   Edition..........  Title
------------------------------------------------------------------------
OMN-2.........................  2012 Edition.....  Thermal Relief Valve
                                                    Code Case, OM Code-
                                                    1995, Appendix I
OMN-5.........................  2012 Edition.....  Testing of Liquid
                                                    Service Relief
                                                    Valves without
                                                    Insulation.
OMN-6.........................  2012 Edition.....  Alternative Rules for
                                                    Digital Instruments.
OMN-7.........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Pump Testing.
OMN-8.........................  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Power-Operated
                                                    Valves That Are Used
                                                    for System Control
                                                    and Have a Safety
                                                    Function per OM-10,
                                                    ISTC-1.1, or
                                                    ISTA[dash]1100.
OMN-13, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending Snubber
                                                    Inservice Visual
                                                    Examination Interval
                                                    at [light water
                                                    reactor] (LWR) Power
                                                    Plants.
OMN-14........................  2012 Edition.....  Alternative Rules for
                                                    Valve Testing
                                                    Operations and
                                                    Maintenance,
                                                    Appendix I: BWR
                                                    [control rod drive]
                                                    CRD Rupture Disk
                                                    Exclusion.
OMN-15, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending the
                                                    Snubber Operational
                                                    Readiness Testing
                                                    Interval at LWR
                                                    Power Plants.
OMN-17........................  2012 Edition.....  Alternative Rules for
                                                    Testing ASME Class 1
                                                    Pressure Relief/
                                                    Safety Valves.
OMN-20........................  2012 Edition.....  Inservice Test
                                                    Frequency.
------------------------------------------------------------------------
\4\ Code Case published in Supplement 1 to the 2013 Edition; included at
  the request of ASME.
\5\ Code Case published in Supplement 3 to the 2013 Edition; included at
  the request of ASME.
\6\ Code Case published in Supplement 6 to the 2013 Edition; included at
  the request of ASME.

B. Code Cases Proposed To Be Approved for Use With Conditions

    The Code Cases that are discussed in TABLE II are new, revised or 
reaffirmed Code Cases in which the NRC is proposing conditions. The NRC 
has determined that certain Code Cases, as issued by the ASME, are 
generally acceptable for use, but that the alternative requirements 
specified in those Code Cases must be supplemented in order to provide 
an acceptable level of quality and safety. Accordingly, the NRC 
proposes to impose conditions on the use of these Code Cases to modify, 
limit or clarify their requirements. The conditions would specify, for 
each applicable Code Case, the additional activities that must be 
performed, the limits on the activities specified in the Code Case, 
and/or the supplemental information needed to provide clarity. These 
ASME Code Cases with conditions are included in Table 2 of DG-1295 (RG 
1.84), DG-1296 (RG 1.147), and DG-1297 (RG 1.192). No new ASME Code 
Cases with conditions

[[Page 10785]]

are proposed to be listed in Table 2 of DG-1295 (RG 1.84).

            Table II--Code Cases Proposed for Conditional Use
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
                     (addressed in DG-1295, Table 2)
------------------------------------------------------------------------
 No ASME Section III Code Cases are proposed for Conditional Approval in
                             this Rulemaking
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
                     (addressed in DG-1296, Table 2)
------------------------------------------------------------------------
N-552-1.......................  10 (10 Edition)..  Alternative Methods--
                                                    Qualification for
                                                    Nozzle Inside Radius
                                                    Section from the
                                                    Outside Surface,
                                                    Section XI, Division
                                                    1.
N-576-2.......................  9 (10 Edition)...  Repair of Class 1 and
                                                    2 SB-163, UNS N06600
                                                    Steam Generator
                                                    Tubing, Section XI,
                                                    Division 1.
N-593-2.......................  8 (10 Edition)...  Examination
                                                    Requirements for
                                                    Steam Generator
                                                    Nozzle-to-Vessel
                                                    Welds, Section XI,
                                                    Division 1.
N-638-6.......................  6 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique,
                                                    Section XI, Division
                                                    1.
N-662-1.......................  6 (10 Edition)...  Alternative Repair/
                                                    Replacement
                                                    Requirements for
                                                    Items Classified in
                                                    Accordance with Risk-
                                                    Informed Processes,
                                                    Section XI, Division
                                                    1.
N-666-1.......................  9 (10 Edition)...  Weld Overlay of
                                                    Classes 1, 2, and 3
                                                    Socket Welded
                                                    Connections, Section
                                                    XI, Division 1.
N-749.........................  9 (10 Edition)...  Alternative
                                                    Acceptance Criteria
                                                    for Flaws in
                                                    Ferritic Steel
                                                    Components Operating
                                                    in the Upper Shelf
                                                    Temperature Range,
                                                    Section XI, Division
                                                    1.
N-754.........................  6 (10 Edition)...  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-778.........................  6 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Preparation and
                                                    Submittal of
                                                    Inservice Inspection
                                                    Plans, Schedules,
                                                    and Preservice and
                                                    Inservice Summary
                                                    Reports, Section XI,
                                                    Division 1.
N-789.........................  6 (10 Edition)...  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-795.........................  3 (10 Edition)...  Alternative
                                                    Requirements for BWR
                                                    Class 1 System
                                                    Leakage Test
                                                    Pressure Following
                                                    Repair/Replacement
                                                    Activities, Section
                                                    XI, Division 1.
N-799.........................  4 (10 Edition)...  Dissimilar Metal
                                                    Welds Joining Vessel
                                                    Nozzles to
                                                    Components, Section
                                                    XI, Division 1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
                     (addressed in DG-1297, Table 2)
------------------------------------------------------------------------
Code Case No.                   Edition..........  Title
------------------------------------------------------------------------
OMN-1 Revision 1..............  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Active Electric
                                                    Motor-Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants.
OMN-3.........................  2012 Edition.....  Requirements for
                                                    Safety Significance
                                                    Categorization of
                                                    Components Using
                                                    Risk Insights for
                                                    Inservice Testing of
                                                    LWR Power Plants.
OMN-4.........................  2012 Edition.....  Requirements for Risk
                                                    Insights for
                                                    Inservice Testing of
                                                    Check Valves at LWR
                                                    Power Plants.
OMN-9.........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-12........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Inservice Testing
                                                    Using Risk Insights
                                                    for Pneumatically
                                                    and Hydraulically
                                                    Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants (OM-Code
                                                    1998, Subsection
                                                    ISTC).
OMN-16........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-18........................  2012 Edition.....  Alternate Testing
                                                    Requirements for
                                                    Pumps Tested
                                                    Quarterly Within
                                                    20% of
                                                    Design Flow.
OMN-19........................  2012 Edition.....  Alternative Upper
                                                    Limit for the
                                                    Comprehensive Pump
                                                    Test.
------------------------------------------------------------------------

    The NRC's evaluation of the Code Cases and the reasons for the 
NRC's proposed conditions are discussed in the following paragraphs. 
The NRC requests public comment on these Code Cases and the proposed 
conditions. Notations have been made to indicate the conditions 
duplicated from previous versions of the RG.
ASME BPV Code, Section III Code Cases (DG-1295/RG 1.84)
    There are no new or revised Section III Code Cases in Supplement 11 
to the 2007 Edition through Supplement 10 to the 2010 Edition that the 
NRC proposes to conditionally approve in draft Revision 37 of RG 1.84.

[[Page 10786]]

ASME BPV Code, Section XI Code Cases (DG-1296/RG 1.147)
Code Case N-552-1 [Supplement 10, 2010 Edition]
    Type: Revised.
    Title: Alternative Methods--Qualification for Nozzle Inside Radius 
Section from the Outside Surface, Section XI, Division 1.
    The proposed conditions on Code Case N-552-1 are identical to the 
conditions on N-552 that were approved by the NRC in Revision 16 of RG 
1.147 in October 2010.
    The reasons for imposing these conditions are not addressed by Code 
Case N-552-1 and, therefore, these conditions would be retained in 
proposed Revision 18 of RG 1.147 (DG-1296).
Code Case N-576-2 [Supplement 9, 2010 Edition]
    Type: Revised.
    Title: Repair of Class 1 and 2 SB-163, UNS N06600 Steam Generator 
Tubing, Section XI, Division 1.
    The proposed conditions on Code Case N-576-2 are identical to the 
conditions on N-576-1 that were approved by the NRC in Revision 17 of 
RG 1.147 in October 2014. The reasons for imposing these conditions are 
not addressed by Code Case N-552-2 and, therefore, these conditions 
would be retained in proposed Revision 18 of RG 1.147 (DG-1296).
Code Case N-593-2 [Supplement 8, 2010 Edition]
    Type: Revised.
    Title: Examination Requirements for Steam Generator Nozzle-to-
Vessel Welds, Section XI, Division 1.
    The first condition on Code Case N-593-2 is identical to the 
condition on Code Case N-593 that was first approved by the NRC in 
Revision 13 of RG 1.147 in June 2003. The condition stated that, 
``Essentially 100 percent (not less than 90 percent) of the examination 
volume A-B-C-D-E-F-G-H [in Figure 1 of the Code Case] must be 
examined.'' The reasons for imposing this condition in Code Case N-593 
continue to apply to Code Case N-593-2. Therefore, this condition would 
be retained for this Code Case in Revision 18 of RG 1.147.
    The second condition on Code Case N-593-2 is new. Revision 2 of the 
Code Case reduces the weld examination volume by reducing the width 
examined on either side of the weld from ts/2 to \1/2\ in. 
The basis for this change in inspection volume is to make the 
examination volume for steam generator nozzle-to-vessel welds (under 
Code Case N-593-2) consistent with that specified in Code Case N-613-1 
for similar vessel nozzles.
    The NRC identified an issue with respect to Code Case N-593-2 with 
respect to its inconsistency with Code Case N-613-1. Code Case N-593-2 
and Code Case N-613-1 address certain types of nozzle-to-vessel welds. 
Code Case N-613-1 states that ``. . .Category B-D nozzle-to-vessel 
welds previously ultrasonically examined using the examination volumes 
of Figs. IWB-2500-7(a), (b), and (c) may be examined using the reduced 
examination volume (A-B-C-D-E-F-G-H) of Figs. 1, 2, and 3.'' The 
keywords are ``previously examined.'' Code Case N-613-1 requires the 
larger volume to have been previously examined before examinations 
using the reduced volume can be performed. This ensures that there are 
no detrimental flaws in the component adjacent to the weld that would 
be missed if the inspection was performed only on the reduced volume. 
However, Code Case N-593-2 allows a licensee to immediately implement 
the reduced volume. Accordingly, the NRC is proposing to condition Code 
Case N-593-2 to require that the examination volume specified in 
Section XI, Table IWB-2500-1, Examination Category B-D, be used for the 
examination of steam generator nozzle-to-vessel welds at least once 
prior to use of the reduced volume allowed by the Code Case.
Code Case N-638-6 [Supplement 6, 2010 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique, Section XI, Division 1.
    Code Case N-638-6 allows the use of the automatic or machine gas-
tungsten arc welding (GTAW) temper bead technique. The GTAW is a proven 
method that can produce high-quality welds because it affords greater 
control over the weld area than many other welding processes.
    The NRC first approved Code Case N-638 (Revision 0) in 2003 
(Revision 13 of Regulatory Guide 1.147). Code Case N-638-4 was approved 
by the NRC in Revision 16 of RG 1.147 with two conditions. Code Case N-
638-5 was not approved in RG 1.147 for generic use but has been 
approved through requests for an alternative to Sec.  50.55a. Code Case 
N-638-6 address one of the NRC's concerns that were raised when Code 
Case N-638-4 was considered for approval and, therefore, the NRC is 
proposing to delete that condition from RG 1.147.
    Many of the provisions for developing and qualifying welding 
procedure specifications for the temper bead technique that were 
contained in earlier versions of the Code Case have been incorporated 
into ASME Section IX, ``Welding and Brazing Qualifications,'' QW-290, 
``Temper Bead Welding.'' Code Case N-638-6 retains the provisions not 
addressed by QW-290 and references QW-290 in lieu of specifying them 
directly in the Code Case.
    In addition to retaining one of the two conditions on Code Case N-
638-4, the NRC is proposing to add a new condition to address technical 
issues raised by certain provisions of Code Case N-638-6.
    The retained condition on Code Case N-638-6 pertains to the 
qualification of NDE and is identical to the condition on N-638-4 that 
was approved by the NRC in Revision 17 of RG 1.147 in October 2014. The 
reasons for imposing this condition is not addressed by Code Case N-
638-6 and, therefore, this condition would be retained in proposed 
Revision 18 of RG 1.147 (DG-1296).
    The new proposed condition is that section 1(b)(1) of the Code Case 
shall not be used. Section 1(b)(1) would allow through-wall 
circumferential repair welds to be made using the temper bead technique 
without heat treatment. Revisions 1 through 5 of N-638 limited the 
depth of the weld to one-half of the ferritic base metal thickness and 
the previously stated condition will limit repairs to this previously 
approved value. Repairs exceeding one-half of the ferritic base metal 
thickness may represent significant repairs (e.g., replacement of an 
entire portion of the reactor coolant loop). Until the NRC has more 
experience with such repairs, the NRC is imposing this condition so 
that prior NRC approval is necessary. Once significant experience is 
obtained demonstrating such major repairs can be performed safely, the 
NRC will consider relaxing this condition.
Code Case N-662-1 [Supplement 6, 2010 Edition]
    Type: Revised.
    Title: Alternative Repair/Replacement Requirements for Items 
Classified in Accordance with Risk-Informed Processes, Section XI, 
Division 1.
    The proposed condition on Code Case N-662-1 is identical to the 
condition on N-662 that was approved by the NRC in Revision 16 of RG 
1.147 in October 2010. The reasons for imposing this condition are not 
addressed by Code Case N-662-1 and, therefore, this condition would be 
retained in DG-1296/proposed Revision 18 of RG 1.147.

[[Page 10787]]

Code Case N-666-1 [Supplement 9, 2010 Edition]
    Type: Revised.
    Title: Weld Overlay of Classes 1, 2, and 3 Socket Welded 
Connections, Section XI, Division 1.
    Code Case N-666 was unconditionally approved in Revision 17 of RG 
1.147. The NRC proposes to approve Code Case N-666-1 with two 
conditions.
    The first proposed condition is that a surface examination must be 
performed on the completed weld overlay for Class 1 and Class 2 piping 
socket welds. Code Case N-666-1 contains provisions for the design, 
installation, evaluation, pressure testing, and examination of the weld 
overlays on Class 1, 2, and 3 socket welds. Section 5(a)(1) of the Code 
Case requires nondestructive examination (NDE) of the completed weld 
overlay in accordance with the Construction Code. However, various 
Construction Codes have been used in the design and fabrication of the 
nuclear power plant fleet. The requirements for NDE have changed over 
the years as more effective and reliable methods and techniques have 
been developed. In addition, Construction Code practices have evolved 
based on design and construction experience. The NRC is concerned that 
some of the Construction Codes would not require a surface examination 
of the weld overlay and would therefore be inadequate for NDE of the 
completed weld overlay. The NRC believes that a VT-1 examination alone 
would not be adequate and that a surface or volumetric examination must 
be performed on the completed weld overlay for Class 1 and Class 2 
piping socket welds. Fabrication defects, must be dispositioned using 
the surface or volumetric examination criteria of the Construction Code 
identified in the Repair/Replacement Plan.
    The second proposed condition would require that a surface or 
volumetric examination be performed if required by the plant-specific 
Construction Code, or that a VT-1 examination be performed after 
completion of the weld overlay. Paragraph 5(a) of the Code Case 
requires ``visual and nondestructive examination of the final 
structural overlay weld.'' In accordance with the requirement in 
paragraph 5(a), a surface or volumetric examination of the completed 
Class 3 piping socket weld overlay shall be performed if required by 
the plant-specific Construction Code. However, where the plant-specific 
Construction Code does not require a surface or volumetric examination 
of the Class 3 piping socket weld, it would be acceptable to only 
perform a VT-1 examination of the completed weld overlay.
Code Case N-749 [Supplement 9, 2010 Edition]
    Type: New.
    Title: Alternative Acceptance Criteria for Flaws in Ferritic Steel 
Components Operating in the Upper Shelf Temperature Range, Section XI, 
Division 1.
    The NRC proposes that instead of the upper shelf transition 
temperature, Tc, as defined in the Code Case, the following 
shall be used:
    Tc = 154.8[emsp14][deg]F + 0.82 x RTNDT (in 
U.S Customary Units), and
    Tc = 82.8 [deg]C + 0.82 x RTNDT (in 
International System (SI) Units).
    Tc is the temperature above which the elastic plastic 
fracture mechanics (EPFM) method must be applied. Additionally, the NRC 
defines temperature Tc1 below which the linear elastic 
fracture mechanics (LEFM) method must be applied:
    Tc1 = 95.36[emsp14][deg]F + 0.703 x RTNDT (in 
U.S Customary Units), and
    Tc1 = 47.7 [deg]C + 0.703 x RTNDT (in 
International System (SI) Units).
    Between Tc1 and Tc, while the fracture mode 
is in transition from LEFM to EPFM, users should consider whether or 
not it is appropriate to apply the EPFM method. Alternatively, the 
licensee may use a different Tc value if it can be justified 
by plant-specific Charpy Curves.
    Code Case N-749 provides acceptance criteria for flaws in ferritic 
components for conditions when the material fracture resistance will be 
controlled by upper-shelf toughness behavior. These procedures may be 
used to accept a flaw in lieu of the requirements in Section XI, 
paragraphs IWB-3610 and IWB-3620 (which use LEFM to evaluate flaws that 
exceed limits of Section XI, paragraph IWB-3500). Code Case N-749 
employs EPFM methods (J-integral) and is patterned after the fracture 
methodology and acceptance criteria that currently exist in Section XI, 
paragraph IWB-3730(b), and Section XI, Nonmandatory Appendix K, 
``Assessment of Reactor Vessels with Upper Shelf Charpy Impact Energy 
Levels.'' The Code Case states that the proposed methodology is 
applicable if the metal temperature of the component exceeds the upper 
shelf transition temperature, Tc, which is defined as nil-
ductility reference temperature (RTNDT) plus 
105[emsp14][deg]F. The justification for this, as documented in the 
underlying White Paper, PVP2012-78190, ``Alternative Acceptance 
Criteria for Flaws in Ferritic Steel Components Operating in the Upper 
Shelf Temperature Range,'' is that the ASME Code, Section XI, 
K1c curve will give a (T- RTNDT) value of 
105[emsp14][deg]F at K1c of 200 ksi[radic]inch.
    Defining an upper shelf transition temperature purely based on LEFM 
data is not convincing because it ignores EPFM data and Charpy data and 
their relationship to the LEFM data. The NRC staff performed 
calculations on several randomly selected reactor pressure vessel 
surveillance materials with high upper-shelf energy values and low 
RTNDT values from three plants and found that using 
Tc, as defined in the Code case, is nonconservative because 
at the temperature of RTNDT + 105[emsp14][deg]F, the Charpy 
curves show that most of the materials will not reach their respective 
upper-shelf levels. The NRC staff's condition is based on a 2015 ASME 
Pressure Vessels and Piping Conference paper (PVP2015-45307) by Mark 
Kirk, Gary Stevens, Marjorie Erickson, William Server, and Hal Gustin 
entitled ``Options for Defining the Upper Shelf Transition Temperature 
(Tc) for Ferritic Pressure Vessel Steels,'' where Tc and 
Tc1 are defined as the intersections of specific toughness 
curves of LEFM data and EPFM data as shown in that paper. Using the 
model in the 2015 PVP paper is justified because, in addition to its 
theoretically motivated approach applying the temperature-dependent 
flow behavior of body-centered cubic materials, the model is also 
supported by numerous LEFM data and 809 EPFM data in the upper shelf 
region.
    While the Tc proposed in Code Case N-749 is conservative 
based on the intersection of the mean curves of the two sets of data, 
the NRC believes that actual or bounding properties (on the 
conservative side) should be used instead of mean material properties 
for evaluating flaws detected in a ferritic component using the EPFM 
approach. Further, the NRC's approach considers the temperature range 
for fracture mode transition between LEFM and EPFM. Based on the 
previous discussion, the NRC proposes to impose a condition on the use 
of Code Case N-749 that (1) the two equations for Tc be used 
instead of Tc as proposed in the Code Case for requiring 
EPFM application when temperature is above Tc, and (2) the 
two equations for Tc1 be used for requiring LEFM application 
when temperature is below Tc1. Between Tc1 and 
Tc, while the fracture mode is in transition between LEFM 
and EPFM, users should consider whether or not it is appropriate to 
apply the EPFM method.
    Alternatively, the licensee may use a different Tc value 
if it can be justified by plant-specific Charpy Curves.

[[Page 10788]]

Code Case N-754 [Supplement 6, 2010 Edition]
    Type: New.
    Title: Optimized Structural Dissimilar Metal Weld Overlay for 
Mitigation of PWR Class 1 Items, Section XI, Division 1.
    The NRC proposes to approve Code Case N-754 with three conditions. 
Code Case N-754 provides requirements for installing optimized 
structural weld overlays (OWOL) on the outside surface of ASME Class 1 
heavy-wall, large-diameter piping composed of ferritic, austenitic 
stainless steel, and nickel base alloy materials in PWRs as a 
mitigation measure where no known defect exists or the defect depth is 
limited to 50 percent through wall. The upper 25 percent of the 
original pipe wall thickness is credited as a part of the OWOL design 
in the analyses performed in support of these repairs. The technical 
basis supporting the use of OWOLs is provided in the Electric Power 
Research Institute (EPRI) Materials Reliability Project (MRP) Report 
MRP-169, Revision 1-A entitled, ``Technical Basis for Preemptive Weld 
Overlays for Alloy 82/182 Butt Welds in PWRs.'' By letter dated August 
9, 2010 (ADAMS Accession No. ML101620010), the NRC advised the Nuclear 
Energy Institute (NEI) that the NRC staff found that MRP-169, Revision 
1, as revised by letter dated February 3, 2010, adequately described: 
Methods for the weld overlay design; the supporting analyses of the 
design; the experiments that verified the analyses; and the inspection 
requirements of the dissimilar metal welds to be overlaid.
    The first proposed condition would require that the conditions 
imposed on the use of OWOLs contained in the NRC final safety 
evaluation for MRP-169, Revision 1-A, must be satisfied. Eighteen 
limitations and conditions are described in the final safety evaluation 
addressing issues such as fatigue crack growth rates, piping loads, 
design life of the weld overlay, and reexamination frequencies. The 
imposition of the conditions in the safety evaluation will provide 
reasonable assurance that the structural integrity of pipes repaired 
through the use of weld overlays will be maintained.
    Code Case N-754 references Code Case N-770-2, ``Alternative 
Examination Requirements and Acceptance Standards for Class 1 PWR 
Piping and Vessel Nozzle Butt Welds Fabricated With UNS N06082 or UNS 
W86182 Weld Filler Material With or Without Application of Listed 
Mitigation Activities, Section XI, Division 1,'' in order to provide 
ASME requirements for the performance of the preservice and inservice 
examinations of OWOLs, with additional requirements if the ultrasonic 
examination is qualified for axial flaws. The NRC has not yet approved 
Code Case N-770-2 in the regulations. However, the NRC has approved 
Code Case N-770-1 with conditions in Sec.  50.55a(g)(6)(ii)(F). 
Accordingly, the second proposed condition on the use of Code Case N-
754 is that the preservice and inservice inspections of OWOLs must 
satisfy Sec.  50.55a(g)(6)(ii)(F), i.e., meet the provisions of Code 
Case N-770-1.
    The third proposed condition addresses a potential implementation 
issue in Code Case N-754 with respect to the deposition of the first 
layer of weld metal. The second sentence in paragraph 1.2(f)(2) states 
that ``The first layer of weld metal deposited may not be credited 
toward the required thickness, but the presence of this layer shall be 
considered in the design analysis requirements in 2(b).'' The NRC has 
found that among licensees there can be various interpretations of the 
words used in the ASME Code and Code Cases. In this instance, the NRC 
felt the word ``may'' needed to be changed to ``shall'' in the second 
sentence in paragraph 1.2(f)(2) as a condition for use of this Code 
Case. Accordingly, the NRC is proposing a third condition to clarify 
that the first layer shall not be credited toward the required OWOL 
thickness unless the chromium content of the first layer is at least 24 
percent.
Code Case N-778 [Supplement 0, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for Preparation and Submittal of 
Inservice Inspection Plans, Schedules, and Preservice and Inservice 
Summary Reports, Section XI, Division 1.
    The NRC is proposing to approve Code Case N-778 with two 
conditions. Section XI, paragraph IWA-1400(d), in the editions and 
addenda currently used by the operating fleet, require licensees to 
submit plans, schedules, and preservice and ISI summary reports to the 
enforcement and regulatory authorities having jurisdiction at the plant 
site. In licensees' pursuit to decrease burden, they have alluded to 
the resources associated with the requirement to submit the items 
previously listed. Code Case N-778 was developed to provide an 
alternative to the requirements in the BPV Code in that the items 
previously listed would only have to be submitted if specifically 
required by the regulatory and enforcement authorities.
    The NRC reviewed its needs with respect to the submittal of the 
subject plans, schedules, and reports, and determined that it is not 
necessary to require the submittal of plans and schedules as the latest 
up-to-date plans and schedules are available at the plant site and can 
be requested by the NRC at any time. However, the NRC determined that 
summary reports still need to be submitted. Summary reports provide 
valuable information regarding examinations that have been performed, 
conditions noted during the examinations, the corrective actions 
performed, and the status of the implementation of the ISI program. 
Accordingly, the NRC is proposing to conditionally approve Code Case N-
778 to require that licensees continue to submit summary reports in 
accordance with paragraph IWA-6240 of the 2009 Addenda of ASME Section 
XI.
    The two conditions proposed are modeled on the requirements 
currently in paragraph IWA-6240 of the 2009 Addenda, Section XI. The 
requirements in Section XI do not specify when the reports are to be 
submitted to the regulatory authority; rather, the requirements state 
only that the reports shall be completed. The first proposed condition 
would require that the preservice inspection summary report be 
submitted before the date of placement of the unit into commercial 
service. The second proposed condition would require that the inservice 
inspection summary report be submitted within 90 calendar days of the 
completion of each refueling outage. The proposed conditions rely on 
the date of commercial service and the completion of a refueling outage 
to determine when the reports needed to be submitted to the regulatory 
authority.
Code Case N-789 [Supplement 6, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for Pad Reinforcement of Class 2 
and 3 Moderate-Energy Carbon Steel Piping for Raw Water Service, 
Section XI, Division 1.
    The NRC is proposing to approve Code Case N-789 with two 
conditions. For certain types of degradation, the Code Case provides 
requirements for the temporary repair of degraded moderate energy Class 
2 and Class 3 piping systems by external application of welded 
reinforcement pads. The Code Case does not require inservice monitoring 
for the pressure pad. However, the NRC believes that it is unacceptable 
not to monitor the pressure pad because there may be instances where an 
unexpected

[[Page 10789]]

corrosion rate may cause the degraded area in the pipe to expand beyond 
the area that is covered by the pressure pad. This could lead to the 
pipe leaking and may challenge the structural integrity of the repaired 
pipe. Therefore, the NRC is proposing to approve Code Case N-789 with a 
condition to require a monthly visual examination of the installed 
pressure pad for evidence of leakage.
    The NRC is concerned that the corrosion rate specified in paragraph 
3.1(1) of the Code Case may not address certain scenarios. That 
paragraph would allow either a corrosion rate of two times the actual 
measured corrosion rate at the reinforcement pad installation location 
or four times the estimated maximum corrosion rate for the system. To 
ensure that a conservative corrosion rate is used to provide sufficient 
margin, the NRC is proposing a second condition that would require that 
the design of the pressure pad use the higher of the two corrosion 
rates calculated based on the same degradation mechanism as the 
degraded location.
Code Case N-795 [Supplement 3, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for BWR Class 1 System Leakage Test 
Pressure Following Repair/Replacement Activities, Section XI, Division 
1.
    The NRC is proposing to approve Code Case N-795 with two 
conditions. The first condition addresses a prohibition against the 
production of heat through the use of a critical reactor core to raise 
the temperature of the reactor coolant and pressurize the reactor 
coolant pressure boundary (RCPB) (sometimes referred to as nuclear 
heat). The second condition addresses the duration of the hold time 
when testing non-insulated components to allow potential leakage to 
manifest itself during the performance of system leakage tests.
    Code Case N-795 was intended to address concerns that the ASME-
required pressure test for boiling water reactors (BWRs) that places 
the unit in a position of significantly reduced margin, approaching the 
fracture toughness limits defined in the Technical Specification 
Pressure-Temperature (P-T) curves, and does not allow the setpoint to 
approach the 100-percent pressure value. The alternative test provided 
by Code Case N-795 would be performed at slightly reduced pressures and 
normal plant conditions, which the NRC believes will constitute an 
adequate leak examination and would reduce the risk associated with 
abnormal plant conditions and alignments.
    However, the NRC has a long-standing prohibition against the 
production of heat through the use of a critical reactor core to raise 
the temperature of the reactor coolant and pressurize the RCPB. A 
letter dated February 2, 1990, from James M. Taylor, Executive Director 
for Operations, NRC, to Messrs. Nicholas S. Reynolds and Daniel F. 
Stenger, Nuclear Utility Backfitting and Reform Group (ADAMS Accession 
No. ML14273A002), established the NRC position with respect to use of a 
critical reactor core to raise the temperature of the reactor coolant 
and pressurize the RCPB. In summary, the NRC's position is that testing 
under these conditions involves serious impediments to careful and 
complete inspections, and therefore, inherent uncertainty with regard 
to assuring the integrity of the reactor coolant pressure boundary. 
Further, the practice is not consistent with basic defense-in-depth 
safety principles.
    The NRC's position established in 1990 was reaffirmed in 
Information Notice No. 98-13, ``Post-Refueling Outage Reactor Pressure 
Vessel Leakage Testing Before Core Criticality,'' dated April 20, 1998. 
The Information Notice was issued in response to a licensee that had 
conducted an ASME Code, Section XI, leakage test of the reactor 
pressure vessel and subsequently discovered that it had violated 10 CFR 
part 50, appendix G, that pressure and leak testing before the core is 
taken critical. The Information Notice references NRC Inspection Report 
50-254/97-27, (ADAMS Accession No. ML15216A276) which documents that 
licensee personnel performing VT-2 examinations of drywell at one BWR 
plant covered 50 examination areas in 12 minutes, calling into question 
the adequacy of the VT-2 examinations.
    The bases for the NRC's position on the first condition are as 
follows:
    1. Nuclear operation of a plant should not commence before 
completion of system hydrostatic and leakage testing to verify the 
basic integrity of the RCPB, a principal defense-in-depth barrier to 
the accidental release of fission products. In accordance with the 
defense-in-depth safety precept, nuclear power plant design provides 
multiple barriers to the accidental release of fission products from 
the reactor. The RCPB is one of the principal fission product barriers. 
Consistent with this conservative approach to the protection of public 
health and safety, and the critical importance of the RCPB in 
preventing accidental release of fission products, the NRC has always 
maintained the view that verification of the integrity of the RCPB is a 
necessary prerequisite to any nuclear operation of the reactor.
    2. Hydrotesting must be done essentially water solid so that stored 
energy in the reactor coolant is minimized during a hydrotest or 
leaktest.
    3. The elevated reactor coolant temperatures associated with 
critical operation result in a severely uncomfortable and difficult 
working environment in plant spaces where the system leakage 
inspections must be conducted. The greatly increased stored energy in 
the reactor coolant when the reactor is critical increases the hazard 
to personnel and equipment in the event of a leak, and the elevated 
temperatures contribute to increased concerns for personnel safety due 
to burn hazards, even if there is no leakage. As a result, the ability 
for plant workers to perform a comprehensive and careful inspection 
becomes greatly diminished.
    With respect to the second condition and adequate pressure test 
hold time, the technical analysis supporting Code Case N-795 indicates 
that the lower test pressure provides more than 90 percent of the flow 
that would result from the pressure corresponding to 100 percent power. 
However, a reduced pressure means a lower leakage rate so additional 
time is required in order for there to be sufficient leakage to be 
observed by inspection personnel. Section XI, paragraph IWA-5213, 
``Test Condition Holding Time,'' does not require a holding time for 
Class 1 components once test pressure is obtained. To account for the 
reduced pressure, Code Case N-795 would require a 15-minute hold time 
for non-insulated components. The NRC is proposing a one-hour hold time 
for non-insulated components. The NRC does not believe that 15 minutes 
allows for an adequate examination.
    The NRC is interested in receiving stakeholder feedback on the 
first condition of Code Case N-795. What are the impacts of this 
proposed condition on the regulated community? Should the condition be 
modified and, if so, please provide the basis for such modifications.
Code Case N-799 [Supplement 4, 2010 Edition]
    Type: New.
    Title: Dissimilar Metal Welds Joining Vessel Nozzles to Components, 
Section XI, Division 1.
    The NRC proposes to approve Code Case N-799 with six conditions. 
Code Case N-799 is a new Code Case developed to provide examination

[[Page 10790]]

requirements for the steam generator primary nozzle to pump casing 
attachment weld for AP-1000 plants and dissimilar metal welds joining 
vessel nozzles to pumps used in recent reactor designs (e.g., AP-1000, 
Advanced BWR). Nuclear power plant pump casings are typically 
manufactured from cast austenitic stainless steel (CASS) materials. The 
NRC is proposing to condition the Code Case to address the shortcomings 
in the Code Case with respect to requirements for ultrasonic 
examination.
    The CASS is an anisotropic and inhomogeneous material. The 
manufacturing process can result in varied and mixed structures. The 
large size of the anisotropic grains affects the propagation of 
ultrasound by causing severe attenuation, changes in velocity, and 
scattering of ultrasonic energy. Refraction and reflection of the sound 
beam occurs at the grain boundaries which can result in specific 
volumes of material not being examined, or defects being missed or 
mischaracterized. The grain structure of the associated weldments also 
impacts the effectiveness and reliability of the examinations. 
Accordingly, it is paramount that robust examination techniques be 
used.
    Research has been conducted by several domestic and international 
organizations attempting to address the shortcomings associated with 
the use of conventional methods for the inspection of CASS materials. 
The results of a study at Pacific Northwest National Laboratory (PNNL) 
were published in NUREG/CR-6933, ``Assessment of Crack Detection in 
Heavy-Walled Cast Stainless Steel Piping Welds Using Advanced Low-
Frequency Ultrasonic Methods'' (ADAMS Accession No. ML071020409). The 
study demonstrated that additional measures were required to reliably 
detect and characterize flaws in CASS materials and their associated 
weldments.
    Performance demonstration requirements for CASS components and 
associated weldments have not yet been developed by the industry. To 
ensure that effective and reliable examinations are performed, the NRC 
is proposing the following six conditions on the Code Case.
    The first proposed condition addresses the gap between the probe 
and component surface. Industry experience shows that effective 
ultrasonic examinations depend to a great extent on limiting the gap 
between the probe and component surface to less than 0.032-inch. The 
BPV Code does not have any requirements with respect to surface 
smoothness and waviness. It has been demonstrated that reduced coupling 
and probe lift-off on ``rough'' surfaces have the potential to present 
a scattering effect at an interface where an acoustic beam impinges, to 
redirect and mode convert some energy which when returned to the probe 
can be the source of spurious signals, or cause flaws to be mis-
characterized or missed altogether. Accordingly, the first proposed 
condition would require that the scanning surfaces have a gap less than 
0.032-inch beneath the ultrasonic testing probe. Gaps greater than 
0.032-inch must be considered to be unexamined unless it can be 
demonstrated on representative mockups that a Section XI, Appendix 
VIII, Supplement 10, demonstration can be passed.
    The second proposed condition (No. 2a in the draft RG) is that the 
examination requirements of Section XI, Mandatory Appendix I, paragraph 
I-3200(c) must be applied. Code Case N-799 does not contain specific 
requirements regarding examination techniques. Paragraph I-3200(c) 
contains specific requirements that can be applied.
    The third proposed condition (No. 2b in the draft RG) is that the 
examination of the dissimilar metal welds between reactor vessel 
nozzles and components, and between steam generator nozzles and pumps 
must be full volume. As described, the examination of coarse-grained 
materials is problematic due to effects such as sound beam redirection 
and scattering, and therefore robust techniques must be used on the 
full volume to ensure that flaws are detected.
    The fourth proposed condition (No. 2c in the draft RG) is that 
ultrasonic depth and sizing qualifications for CASS components must use 
the ASME Code requirements in Section XI, Appendix VIII, Supplement 10. 
Supplement 10 contains qualification requirements for dissimilar metal 
welds, and the use of these requirements will ensure that robust 
techniques are applied.
    The fifth proposed condition (No. 2d in the draft RG) addresses the 
examination of thick-walled components with wall thicknesses beyond the 
crack detection and sizing capabilities of a through-wall ultrasonic 
performance-based qualification. As previously indicated, ASME Code 
rules have not yet been developed for the performance demonstration for 
CASS components and associated weldments. Accordingly, the fifth 
proposed condition will require the examination's acceptability to be 
based on an ultrasonic examination of the qualified volume and a flaw 
evaluation of the largest hypothetical crack that could exist in the 
volume not qualified for ultrasonic examination.
    The sixth proposed condition (No. 2e in the draft RG) is that 
cracks that are detected but cannot be depth-sized with performance-
based procedures, equipment, and personnel qualifications consistent 
with Section XI, Appendix VIII, shall be repaired or removed.
OM Code Cases (DG-1297/RG 1.192)
Code Case OMN-1, Revision 1 [2012 Edition]
    Type: Revised.
    Title: Alternative Rules for Preservice and Inservice Testing of 
Active Electric Motor-Operated Valve Assemblies in Light-Water Reactor 
Power Plants.
    The proposed conditions on Code Case OMN-1, Revision 1 [2012 
Edition] are identical to the conditions on OMN-1 [2006 Addenda] that 
were approved by the NRC in Revision 1 of RG 1.192 in October 2014. The 
reasons for imposing these conditions are not addressed by Code Case 
OMN-1, Revision 1 [2012 Edition] and, therefore, these conditions would 
be retained in DG-1297/proposed Revision 2 of RG 1.192.
Code Case OMN-3 [2012 Edition]
    Type: Reaffirmed.
    Title: Requirements for Safety Significance Categorization of 
Components Using Risk Insights for Inservice Testing of LWR Power 
Plants.
    The proposed conditions on Code Case OMN-3 [2012 Edition] are 
identical to the conditions on OMN-3 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-3 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-4 [2012 Edition]
    Type: Reaffirmed.
    Title: Requirements for Risk Insights for Inservice Testing of 
Check Valves at LWR Power Plants.
    The proposed conditions on Code Case OMN-4 [2012 Edition] are 
identical to the conditions on OMN-4 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-4 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.

[[Page 10791]]

Code Case OMN-9 [2012 Edition]
    Type: Reaffirmed.
    Title: Use of a Pump Curve for Testing.
    The proposed conditions on Code Case OMN-9 [2012 Edition] are 
identical to the conditions on OMN-9 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-9 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-12 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternative Requirements for Inservice Testing Using Risk 
Insights for Pneumatically and Hydraulically Operated Valve Assemblies 
in Light-Water Reactor Power Plants (OM-Code 1998, Subsection ISTC).
    The proposed conditions on Code Case OMN-12 [2012 Edition] are 
identical to the conditions on OMN-12 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-12 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-16, Revision 1 [2012 Edition]
    Type: Revised.
    Title: Use of a Pump Curve for Testing.
    Code Case OMN-16, 2006 Addenda, was approved by the NRC in 
Regulatory Guide 1.192, Revision 1. With respect to Code Case OMN-16, 
Revision 1, 2012 Edition, there was an editorial error in the 
publishing of this Code Case and Figure 1 from the original Code Case 
(i.e., Rev. 0, 2006 Addenda) was omitted. Accordingly, the NRC proposes 
to conditionally approve OMN-16, Revision 1, to require that Figure 1 
from the original Code Case be used when implementing OMN-16, Revision 
1.
Code Case OMN-18 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternate Testing Requirements for Pumps Tested Quarterly 
Within 20% of Design Flow.
    The ASME OM Code defines Group A pumps as those pumps that are 
operated continuously or routinely during normal operation, cold 
shutdown, or refueling operations. The OM Code specifies that each 
Group A pump undergo a Group A test quarterly and comprehensive test 
biennially. The OM Code requires that the reference value for a 
comprehensive test to be within 20 percent of pump design flow, while 
the reference value for a Group A test needs to be within 20 percent of 
the pump design flow if practicable. The biennial comprehensive test 
was developed (first appeared in the 1995 Edition of the OM Code) 
because pump performance concerns demonstrated that more stringent 
periodic testing was needed at a flow rate within a more reasonable 
range of the pump design flow rate than typically performed during pump 
inservice testing in the past.
    Currently when performing either the quarterly Group A test or the 
biennial comprehensive pump test, licensees must comply with certain 
limits for the flow Acceptable Range, the flow Required Action Range, 
the differential pressure (or discharge pressure) Acceptable Range, and 
the differential pressure (or discharge pressure) Required Action 
Range. The limits for the quarterly Group A test are obtained by using 
a factor of 1.10 times the flow reference value (Qr) or the 
differential or discharge pressure reference value 
([Delta]Pr or Pr) as applicable to the pump type. 
The limits for the biennial comprehensive pump test are obtained by 
using the factor of 1.03 times Qr or [Delta]Pr 
(or Pr) as applicable to the pump type, providing more 
restrictive test ranges and higher quality data.
    Code Case OMN-18, 2012 Edition, would remove the Code requirement 
to perform biennial comprehensive pump where the quarterly Group A pump 
test is performed within 20 percent of the pump design flow 
rate with instruments having the ability to obtain the accuracies 
required for the comprehensive pump test. The NRC considers the 
performance of a quarterly Group A pump test at flow within 20 percent of the pump design flow rate to satisfy the intent of 
the biennial comprehensive pump test with the exception that the test 
acceptable ranges and required action ranges are less precise than 
required for the comprehensive test. Therefore, the NRC is proposing to 
conditionally approve Code Case OMN-18, 2012 Edition, to specify the 
use of a factor of 1.06 for the Group A test parameters. The NRC 
considers that the factor of 1.06 will provide a reasonable test range 
when applying Code Case OMN-18 to Group A pumps tested quarterly within 
20 percent of the pump design flow rate that is not as 
restrictive as the test ranges specified in the ASME OM Code for the 
comprehensive test. The NRC believes that the quarterly Group A test 
for pumps within 20 percent of the pump design flow rate 
combined with the provisions in the Code Case OMN-18 for the pump 
instrumentation and the conditions in RG 1.192 for the test ranges will 
provide reasonable assurance of the operational readiness of these 
pumps as an acceptable alternative to the comprehensive pump test 
provisions in the ASME OM Code.
Code Case OMN-19 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternative Upper Limit for the Comprehensive Pump Test.
    A requirement for a periodic pump verification test was added in 
Mandatory Appendix V, ``Pump Periodic Verification Test Program,'' to 
the 2012 Edition of the OM Code. The mandatory appendix is based on the 
determination by the ASME that a pump periodic verification test is 
needed to verify that a pump can meet the required (differential or 
discharge) pressure as applicable, at its highest design basis accident 
flow rate. Code Case OMN-19, 2012 Edition, would allow an applicant or 
licensee to use a multiplier of 1.06 times the reference value in lieu 
of the 1.03 multiplier for the comprehensive pump test's upper 
``Acceptable Range'' criteria and ``Required Action Range, High'' 
criteria reference in the ISTB test acceptance criteria tables. The NRC 
is concerned that Code Case OMN-19 does not address the periodic pump 
verification test. Therefore, the NRC proposes to approve Code Case 
OMN-19, 2012 Edition, with the condition that the provisions in 
paragraph ISTB-1400 and Mandatory Appendix V be applied when 
implementing the Code Case.

C. ASME Code Cases Not Approved for Use (DG-1298/RG 1.193)

    The ASME Code Cases that 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.'' In addition to ASME Code Cases that the 
NRC has found to be technically or programmatically unacceptable, RG 
1.193 includes Code Cases on reactor designs for high-temperature gas-
cooled reactors and liquid metal reactors, reactor designs not 
currently licensed by the NRC, and certain requirements in Section III, 
Division 2, for submerged spent fuel waste casks, that are not endorsed 
by the NRC. Regulatory Guide 1.193 complements RGs 1.84, 1.147, and 
1.192. It should be noted that the NRC is not proposing to adopt any of 
the Code Cases listed in RG 1.193. Comments have been submitted in the 
past, however, on certain Code Cases listed in RG 1.193 where the 
commenter believed that additional technical information was available 
that might not

[[Page 10792]]

have been considered by the NRC in its determination not to approve the 
use of these Code Cases. While the NRC will consider those comments, 
NRC is not requesting comment on RG 1.193 at this time. Any changes in 
the NRC's non-approval of such Code Cases will be the subject of an 
additional opportunity for public comment.

IV. Section-by-Section Analysis

    The following paragraphs in Sec.  50.55a, which list the three RGs 
that would be incorporated by reference, would be revised as follows:
    Paragraphs (a)(3)(i): The reference to ``NRC Regulatory Guide 1.84, 
Revision 36,'' would be amended to remove ``Revision 36'' and add in 
its place ``Revision 37.''
    Paragraphs (a)(3)(ii): The reference to ``NRC Regulatory Guide 
1.147, Revision 17,'' would be amended to remove ``Revision 17'' and 
add in its place ``Revision 18.''
    Paragraphs (a)(3)(iii): The reference to ``NRC Regulatory Guide 
1.192, Revision 1,'' would be amended to remove ``Revision 1'' and add 
in its place ``Revision 2.''
    Cross-references to the aforementioned Regulatory Guides, which are 
listed within Sec.  50.55a, are being revised in a proposed rule 
entitled, ``Incorporation by Reference of American Society of 
Mechanical Engineers Codes and Code Cases'' (RIN 3150-AI97; NRC-2011-
0088); anticipated to become effective before this rule, if enacted.
    This proposed administrative change would simplify cross-
referencing the Regulatory Guides incorporated by reference in Sec.  
50.55a.

Overall Considerations on the Use of ASME Code Cases

    This rulemaking would amend Sec.  50.55a to incorporate by 
reference RG 1.84, Revision 37, which would supersede Revision 36; RG 
1.147, Revision 18, which would supersede Revision 17; and RG 1.192, 
Revision 2, which would supersede Revision 1. The following general 
guidance applies to the use of the ASME Code Cases approved in the 
latest versions of the RGs that are incorporated by reference into 
Sec.  50.55a as part of this rulemaking.
    The approval of a Code Case in the NRC RGs constitutes acceptance 
of its technical position for applications that are not precluded by 
regulatory or other requirements or by the recommendations in these or 
other RGs. The applicant and/or 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 Cases. 
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.
    The 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 results). 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, Sec.  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 applications 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 Sec.  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., Sec.  50.59)).
    A licensee's ISI and 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 into Sec.  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. Code Cases apply to specific editions and addenda, and Code 
Cases may be revised if they are no longer accurate or adequate, so 
licensees choosing to continue using a Code Case during the subsequent 
ISI or IST interval must implement the latest version incorporated by 
reference into Sec.  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, 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 or IST 
update interval expires, after which the continued use of the Code Case 
is prohibited unless NRC authorization is given under Sec.  50.55a(z). 
If a Code Case is incorporated by reference into Sec.  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 Sec.  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.
    A Code Case may be revised, for example, to incorporate user 
experience. The older or superseded version of the Code Case cannot be 
applied by the licensee or applicant for the first time.
    If an applicant or a licensee applied a Code Case before it was 
listed as superseded, 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 or IST update 
interval expires, after which the continued use of the Code Case is 
prohibited unless NRC authorization is given under Sec.  50.55a(z). If 
a Code Case is incorporated by reference into Sec.  50.55a and later a 
revised version is issued by the ASME because experience has shown that 
the design analysis, construction method, examination method, or 
testing method is inadequate; the NRC will amend Sec.  50.55a and the 
relevant RG to remove the approval of the superseded Code Case. 
Applicants and licensees should not begin to implement such superseded 
Code Cases in advance of the rulemaking.

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. This proposed

[[Page 10793]]

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).

VI. 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 and OM Codes for design, construction, ISI, and IST of specific 
structures, systems, and components used in nuclear power plants. 
Implementation of these Code Cases is not required. Licensees and 
applicants use NRC-approved 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 draft regulatory analysis addressing the 
quantitative and qualitative benefits of the alternatives considered in 
this proposed rulemaking and comparing the costs associated with each 
alternative. The draft regulatory analysis can be found in ADAMS under 
accession No. ML15041A816 and at www.regulations.gov under Docket ID 
NRC-2012-0059. The NRC invites public comment on this draft regulatory 
analysis.
    In addition to the general opportunity to submit comments on the 
proposed rule, the NRC also requests comments on the NRC's cost and 
benefit estimates as shown in the draft regulatory analysis.

VII. Backfitting and Issue Finality

    The provisions in this proposed rule would allow licensees and 
applicants to voluntarily apply NRC-approved Code Cases, sometimes with 
NRC-specified conditions. The approved Code Cases are listed in three 
RGs that are proposed to be incorporated by reference into Sec.  
50.55a.
    An applicant's or a licensee's voluntary application of an approved 
Code Case does not constitute backfitting, inasmuch as there is no 
imposition of a new requirement or new position. Similarly, voluntary 
application of an approved Code Case by a 10 CFR part 52 applicant or 
licensee does not represent NRC imposition of a requirement or action, 
which is inconsistent with any issue finality provision in 10 CFR part 
52. For these reasons, the NRC finds that this proposed rule does not 
involve any provisions requiring the preparation of a backfit analysis 
or documentation demonstrating that one or more of the issue finality 
criteria in 10 CFR part 52 are met.

VIII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

IX. Incorporation by Reference--Reasonable Availability to Interested 
Parties

    The NRC proposes to incorporate by reference three NRC Regulatory 
Guides that list new and revised ASME Code Cases that NRC has approved 
as alternatives to certain provisions of NRC-required Editions and 
Addenda of the ASME BPV Code and the ASME OM Code. The draft regulatory 
guides DG-1295, DG-1296, and DG-1297 will correspond to final 
Regulatory Guide (RG) 1.84, Revision 37; RG 1.147, Revision 18; and RG 
1.192, Revision 2, respectively.
    The NRC is required by law to obtain approval for incorporation by 
reference from the Office of the Federal Register (OFR). The OFR's 
requirements for incorporation by reference are set forth in 1 CFR part 
51. On November 7, 2014, the OFR adopted changes to its regulations 
governing incorporation by reference (79 FR 66267). The OFR regulations 
require an agency to include in a proposed rule a discussion of the 
ways that the materials the agency proposes to incorporate by reference 
are reasonably available to interested parties or how it worked to make 
those materials reasonably available to interested parties. The 
discussion in this section complies with the requirement for proposed 
rules as set forth in 1 CFR 51.5(a)(1).
    The NRC considers ``interested parties'' to include all potential 
NRC stakeholders, not only the individuals and entities regulated or 
otherwise subject to the NRC's regulatory oversight. These NRC 
stakeholders are not a homogenous group, so the considerations for 
determining ``reasonable availability'' vary by class of interested 
parties. The NRC identifies six classes of interested parties with 
regard to the material to be incorporated by reference in an NRC rule:
     Individuals and small entities regulated or otherwise 
subject to the NRC's regulatory oversight. This class includes 
applicants and potential applicants for licenses and other NRC 
regulatory approvals, and who are subject to the material to be 
incorporated by reference. In this context, ``small entities'' has the 
same meaning as set out in Sec.  2.810.
     Large entities otherwise subject to the NRC's regulatory 
oversight. This class includes applicants and potential applicants for 
licenses and other NRC regulatory approvals, and who are subject to the 
material to be incorporated by reference. In this context, a ``large 
entity'' is one which does not qualify as a ``small entity'' under 
Sec.  2.810.
     Non-governmental organizations with institutional 
interests in the matters regulated by the NRC.
     Other Federal agencies, states, local governmental bodies 
(within the meaning of Sec.  2.315(c)).
     Federally-recognized and State-recognized Indian tribes.
     Members of the general public (i.e., individual, 
unaffiliated members of the public who are not regulated or otherwise 
subject to the NRC's regulatory oversight) and who need access to the 
materials that the NRC proposes to incorporate by reference in order to 
participate in the rulemaking.
    The three draft regulatory guides that the NRC proposes to 
incorporate by reference in this proposed rule, are available without 
cost and can be read online, downloaded, or viewed, by appointment, at 
the NRC Technical Library, which is located at Two White Flint North, 
11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-
7000; email: [email protected]. The final regulatory guides, if 
approved by the OFR for incorporation by reference, will also be 
available for inspection at the OFR, as described in Sec.  50.55a(a).
    Because access to the three draft regulatory guides, and 
eventually, the final regulatory guides, are available in various forms 
and no cost, the NRC determines that the three draft regulatory guides, 
DG-1295, DG-1296, and DG-1297, and final regulatory guides 1.84, 
Revision 37; RG 1.147, Revision 18; and RG 1.192, Revision 2, once 
approved by the OFR for incorporation by reference, are reasonably 
available to all interested parties.

[[Page 10794]]

X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact

    The Commission has determined under the National Environmental 
Policy Act (NEPA) of 1969, as amended, and the Commission's regulations 
in subpart A of 10 CFR part 51, that this rule, if adopted, would not 
be a major Federal action significantly affecting the quality of the 
human environment; therefore, an environmental impact statement is not 
required.
    The determination of this environmental assessment is that there 
will be no significant effect on the quality of the human environment 
from this action. Interested parties should note, however, that 
comments on any aspect of this environmental assessment may be 
submitted to the NRC as indicated under the ADDRESSES section.
    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 non-radiological 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 action.

XI. Paperwork Reduction Act Statement

    This proposed rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). This proposed rule has been submitted to the 
Office of Management and Budget (OMB) for approval of the information 
collection requirements.
    Type of submission, new or revision: Revision.
    The title of the information collection: Domestic Licensing of 
Production and Utilization.
    Facilities: Updates to Incorporation by Reference and Regulatory 
Guides.
    The form number if applicable: Not applicable.
    How often the collection is required: On occasion.
    Who will be required or asked to report: Operating power reactor 
licensees and applicants for power reactors under construction.
    An estimate of the number of annual responses: -38.
    The estimated number of annual respondents: 38.
    An estimate of the total number of hours needed annually to 
complete the requirement or request: -14,440 hours (reduction of 
reporting hours.)
    Abstract: This proposed rule is the latest in a series of 
rulemakings that incorporate by reference the latest versions of 
several Regulatory Guides identifying new and revised unconditionally 
or conditionally acceptable ASME Code Cases that are approved for use. 
The incorporation by reference of these Code Cases will reduce the 
number of alternative requests submitted by licensees under Sec.  
50.55a(z) by an estimated 38 requests annually.
    The NRC is seeking public comment on the potential impact of the 
information collections contained in this proposed rule and on the 
following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of the burden of the proposed information 
collection accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology?
    A copy of the OMB clearance package and proposed rule is available 
in ADAMS under Accession No. ML15041A817 or may be viewed free of 
charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike, 
Room O-1 F21, Rockville, MD 20852. You may obtain information and 
comment submissions related to the OMB clearance package by searching 
on http://www.regulations.gov under Docket ID NRC-2012-0059.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
four issues, by the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059.
     Mail comments to: FOIA, Privacy, and Information 
Collections Branch, Office of Information Services, Mail Stop: T-5 F53, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 or to 
Vlad Dorjets, Desk Officer, Office of Information and Regulatory 
Affairs (3150-0011), NEOB-10202, Office of Management and Budget, 
Washington, DC 20503; telephone: 202-395-7315, email: 
[email protected].
    Submit comments by April 1, 2016. Comments received after this date 
will be considered if it is practical to do so, but the NRC staff is 
able to ensure consideration only for comments received on or before 
this date.

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 
requirement unless the requesting document displays a currently valid 
OMB control number.

XII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or is otherwise impractical. In this proposed rule, the 
NRC is continuing to use ASME BPV and OM Code Cases, which are ASME-
approved alternatives to compliance with various provisions of the ASME 
BPV and OM Codes. The NRC's approval of the ASME Code Cases is 
accomplished by amending the NRC's regulations to incorporate by 
reference the latest revisions of the following, which are the subject 
of this rulemaking, into Sec.  50.55a: RG 1.84, Revision 37; RG 1.147, 
Revision 18; and RG 1.192, Revision 2. These RGs list the ASME Code 
Cases that the NRC has approved for use. The ASME Code Cases are 
national consensus standards as defined in the National Technology 
Transfer and Advancement Act of 1995 and OMB Circular A-119. The ASME 
Code Cases constitute voluntary consensus standards, in which all 
interested parties (including the NRC and licensees of nuclear power 
plants) participate. The NRC invites comment on the applicability and 
use of other standards.

XIII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

[[Page 10795]]



                 Table III--Rulemaking Related Documents
------------------------------------------------------------------------
                                                  ADAMS Accession No./
                Document title                      Federal Register
                                                   citation/web link
------------------------------------------------------------------------
Federal Register Document--``Incorporation by  80 FR 56820.
 Reference of American Society of Mechanical
 Engineers Codes and Code Cases,'' September
 18, 2015.
Federal Register Document--``Incorporation by  68 FR 40469.
 Reference of ASME BPV and OM Code Cases,''
 July 8, 2003.
Federal Register Document--``Fracture          60 FR 65456.
 Toughness Requirements for Light Water
 Reactor Pressure Vessels,'' December 19,
 1995.
Information Notice No. 98-13, ``Post-          ML031050237.
 Refueling Outage Reactor Pressure Vessel
 Leakage Testing Before Core Criticality,
 April 20, 1998.
Inspection Report 50-254/97-27...............  ML15216A276.
Letter from James M. Taylor, Executive         ML14273A002.
 Director for Operations, NRC, to Messrs.
 Nicholas S. Reynolds and Daniel F. Stenger,
 Nuclear Utility Backfitting and Reform
 Group, February 2, 1990.
Materials Reliability Project Report MRP-169   ML101620010.
 Technical Basis for Preemptive Weld Overlays
 for Alloy 82/182 Butt Welds in PWRs, EPRI,
 Palo Alto, CA: 2012. 1025295.
NUREG/CR-6933, ``Assessment of Crack           ML071020409.
 Detection in Heavy-Walled Cast Stainless
 Steel Piping Welds Using Advanced Low-
 Frequency Ultrasonic Methods''.
Proposed Rule--Federal Register Document.....  ML15041A813.
Proposed Rule--Regulatory Analysis...........  ML15041A816.
RG 1.193, ``ASME Code Cases Not Approved for   ML15028A003.
 Use,'' Revision 5. (DG-1298).
White Paper, PVP2012-78190, ``Alternative      http://
 Acceptance Criteria for Flaws in Ferritic      proceedings.asmedigitalc
 Steel Components Operating in the Upper        ollection.asme.org/
 Shelf Temperature Range,'' 2012.               proceeding.aspx?articlei
                                                d=1723450.
White Paper PVP 2015-45307, ``Options for      http://
 Defining the Upper Shelf Transition            proceedings.asmedigitalc
 Temperature (Tc) for Ferritic Pressure         ollection.asme.org/solr/
 Vessel Steels,'' 2015.                         searchresults.aspx?q=Opt
                                                ions%20for%20Defining%20
                                                the%20Upper%20Shelf%20Tr
                                                ansition%20Temperature%2
                                                0(Tc)%20for%20Ferritic%2
                                                0Pressure%20Vessel%.
------------------------------------------------------------------------

Documents Proposed To Be Incorporated by Reference

    You may submit comments on the draft regulatory guidance by the 
methods described in the ADDRESSES section of this document.

    Table IV--Draft Regulatory Guides Proposed To Be Incorporated by
                       Reference in 10 CFR 50.55a
------------------------------------------------------------------------
             Document title                    ADAMS  Accession No.
------------------------------------------------------------------------
RG 1.84, ``Design, Fabrication, and      ML15027A002.
 Materials Code Case Acceptability,
 ASME Section III,'' Revision 37. (DG-
 1295).
RG 1.147, ``Inservice Inspection Code    ML15027A202.
 Case Acceptability, ASME Section XI,
 Division 1,'' Revision 18. (DG-1296).
RG 1.192, ``Operation and Maintenance    ML15027A330.
 Code Case Acceptability, ASME OM
 Code,'' Revision 2. (DG-1297).
------------------------------------------------------------------------

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
rulemaking Web site at: http://www.regulations.gov under Docket ID NRC-
2012-0059. The Federal rulemaking Web site allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2012-0059); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

Code Cases for Approval in This Proposed Rulemaking

    The ASME BPV Code Cases: Nuclear Components that the NRC is 
proposing to approve as alternatives to certain provisions of the ASME 
BPV Code, as set forth in TABLE V, are being made available by the ASME 
for read-only access during the public comment period at the ASME Web 
site http://go.asme.org/NRC.
    The ASME OM Code Cases that the NRC is proposing to approve as 
alternatives to certain provisions of the ASME OM Code, as set forth in 
TABLE V, are being made available for read-only access during the 
public comment period by the ASME at the Web site http://go.asme.org/NRC.
    The ASME is making the Code Cases listed in TABLE V available for 
limited, read-only access at the request of the NRC. The NRC believes 
that stakeholders need to be able to read these Code Cases in order to 
provide meaningful comment on the three regulatory guides that the NRC 
is proposing to incorporate by reference into Sec.  50.55a. It is the 
NRC's position that the listed Code Cases, as modified by any 
conditions contained in the three RGs and therefore serving as 
alternatives to requirements in Sec.  50.55a, are legally-binding 
regulatory requirements. The listed Code Case and any conditions must 
be complied with if the applicant or licensee is to be within the scope 
of the NRC's approval of the Code Case as a voluntary alternative for 
use. These requirements cannot be fully understood without knowledge of 
the Code Case to which the proposed condition applies, and to this end, 
the NRC has requested that ASME provide limited, read-only access to 
the Code Cases in order to facilitate meaningful public comment.

[[Page 10796]]



           Table V--ASME Code Cases Proposed for NRC Approval
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
------------------------------------------------------------------------
N-284-3.......................  7 (10 Edition)...  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction,
                                                    Section III,
                                                    Divisions 1 and 3.
N-500-4.......................  8 (10 Edition)...  Alternative Rules for
                                                    Standard Supports
                                                    for Classes 1, 2, 3,
                                                    and MC, Section III,
                                                    Division 1.
N-520-5.......................  10 (10 Edition)..  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-594-1.......................  8 (10 Edition)...  Repairs to P-4 and P-
                                                    5A Castings without
                                                    Postweld Heat
                                                    Treatment Class 1,
                                                    2, and 3
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-637-1.......................  3 (10 Edition)...  Use of 44Fe-25Ni-21Cr-
                                                    Mo (Alloy UNS
                                                    N08904) Plate, Bar,
                                                    Fittings, Welded
                                                    Pipe, and Welded
                                                    Tube, Classes 2 and
                                                    3, Section III,
                                                    Division 1.
N-655-2.......................  4 (10 Edition)...  Use of SA-738, Grade
                                                    B, for Metal
                                                    Containment Vessels,
                                                    Class MC, Section
                                                    III, Division 1.
N-763.........................  2 (10 Edition)...  ASTM A 709-06, Grade
                                                    HPS 70W (HPS 485W)
                                                    Plate Material
                                                    Without Postweld
                                                    Heat Treatment as
                                                    Containment Liner
                                                    Material or
                                                    Structural
                                                    Attachments to the
                                                    Containment Liner,
                                                    Section III,
                                                    Division 2.
N-777.........................  4 (10 Edition)...  Calibration of Cv
                                                    Impact Test
                                                    Machines, Section
                                                    III, Divisions 1, 2,
                                                    and 3.
N-785.........................  11 (07 Edition)..  Use of SA-479/SA-
                                                    479M, UNS S41500 for
                                                    Class 1 Welded
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-811.........................  7 (10 Edition)...  Alternative
                                                    Qualification
                                                    Requirements for
                                                    Concrete Level III
                                                    Inspection
                                                    Personnel, Section
                                                    III, Division 2.
N-815.........................  8 (10 Edition)...  Use of SA-358/SA-358M
                                                    Grades Fabricated as
                                                    Class 3 or Class 4
                                                    Welded Pipe, Class
                                                    CS Core Support
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-816.........................  8 (10 Edition)...  Use of Temper Bead
                                                    Weld Repair Rules
                                                    Adopted in 2010
                                                    Edition and Earlier
                                                    Editions, Section
                                                    III, Division 1.
N-817.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <= 4.000
                                                    in. Material, Class
                                                    2 Construction (1992
                                                    Edition or Later),
                                                    Section III,
                                                    Division 1.
N-819.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <= 4.000
                                                    in. Material, Class
                                                    2 Construction (1989
                                                    Edition with the
                                                    1991 Addenda or
                                                    Earlier), Section
                                                    III, Division 1.
N-822.........................  8 (10 Edition)...  Application of the
                                                    ASME Certification
                                                    Mark, Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
------------------------------------------------------------------------
N-552-1.......................  10 (10 Edition)..  Alternative Methods--
                                                    Qualification for
                                                    Nozzle Inside Radius
                                                    Section from the
                                                    Outside Surface,
                                                    Section XI, Division
                                                    1.
N-576-2.......................  9 (10 Edition)...  Repair of Class 1 and
                                                    2 SB-163, UNS N06600
                                                    Steam Generator
                                                    Tubing, Section XI,
                                                    Division 1.
N-593-2.......................  8 (10 Edition)...  Examination
                                                    Requirements for
                                                    Steam Generator
                                                    Nozzle[dash]to-
                                                    Vessel Welds,
                                                    Section XI, Division
                                                    1.
N-609-1.......................  3 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Stress-Based
                                                    Selection Criteria
                                                    for Category B-J
                                                    Welds, Section XI,
                                                    Division 1.
N-613-2.......................  4 (10 Edition)...  Ultrasonic
                                                    Examination of Full
                                                    Penetration Nozzles
                                                    in Vessels,
                                                    Examination Category
                                                    B-D, Reactor
                                                    Nozzle[dash]To[dash]
                                                    Vessel Welds, and
                                                    Nozzle Inside Radius
                                                    Section Figs. IWB-
                                                    2500-7(a), (b), (c),
                                                    and (d), Section XI,
                                                    Division 1.
N-638-6.......................  6 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique,
                                                    Section XI, Division
                                                    1.
N-652-2.......................  9 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Categorize B-G-1, B-
                                                    G-2, and C-D Bolting
                                                    Examination Methods
                                                    and Selection
                                                    Criteria, Section
                                                    XI, Division 1.
N-653-1.......................  9 (10 Edition)...  Qualification
                                                    Requirements for
                                                    Full Structural
                                                    Overlaid Wrought
                                                    Austenitic Piping
                                                    Welds, Section XI,
                                                    Division 1.
N-662-1.......................  6 (10 Edition)...  Alternative Repair/
                                                    Replacement
                                                    Requirements for
                                                    Items Classified in
                                                    Accordance with Risk-
                                                    Informed Processes,
                                                    Section XI, Division
                                                    1.
N-666-1.......................  9 (10 Edition)...  Weld Overlay of
                                                    Classes 1, 2, and 3
                                                    Socket Welded
                                                    Connections, Section
                                                    XI, Division 1.
N-694-2 \7\...................  1 (13 Edition)...  Evaluation Procedure
                                                    and Acceptance
                                                    Criteria for
                                                    [pressurized water
                                                    reactors] (PWR)
                                                    Reactor Vessel Head
                                                    Penetration Nozzles,
                                                    Section XI, Division
                                                    1.
N-730-1.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 Control Rod
                                                    Drive Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-749.........................  9 (10 Edition)...  Alternative
                                                    Acceptance Criteria
                                                    for Flaws in
                                                    Ferritic Steel
                                                    Components Operating
                                                    in the Upper Shelf
                                                    Temperature Range,
                                                    Section XI, Division
                                                    1.

[[Page 10797]]

 
N-754.........................  6 (10 Edition)...  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-769-2.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 In[dash]Core
                                                    Housing Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-771.........................  7 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Additional
                                                    Examinations of
                                                    Class 2 or 3 Items,
                                                    Section XI, Division
                                                    1.
N-775.........................  2 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Bolting Affected by
                                                    Borated Water
                                                    Leakage, Section XI,
                                                    Division 1.
N-776.........................  1 (10 Edition)...  Alternative to IWA-
                                                    5244 Requirements
                                                    for Buried Piping,
                                                    Section XI, Division
                                                    1.
N-778.........................  6 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Preparation and
                                                    Submittal of
                                                    Inservice Inspection
                                                    Plans, Schedules,
                                                    and Preservice and
                                                    Inservice Summary
                                                    Reports, Section XI,
                                                    Division 1.
N-786.........................  5 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Sleeve Reinforcement
                                                    of Class 2 and 3
                                                    Moderate-Energy
                                                    Carbon Steel Piping,
                                                    Section XI, Division
                                                    1.
N-789.........................  6 (10 Edition)...  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-795.........................  3 (10 Edition)...  Alternative
                                                    Requirements for BWR
                                                    Class 1 System
                                                    Leakage Test
                                                    Pressure Following
                                                    Repair/Replacement
                                                    Activities, Section
                                                    XI, Division 1.
N-798.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Vent,
                                                    Drain, and Test
                                                    Isolation Devices,
                                                    Section XI, Division
                                                    1.
N-799.........................  4 (10 Edition)...  Dissimilar Metal
                                                    Welds Joining Vessel
                                                    Nozzles to
                                                    Components, Section
                                                    XI, Division 1.
N-800.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Injection
                                                    Valves, Section XI,
                                                    Division 1.
N-803.........................  5 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Automatic or Machine
                                                    Dry Underwater Laser
                                                    Beam Welding (ULBW)
                                                    Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-805.........................  6 (10 Edition)...  Alternative to Class
                                                    1 Extended Boundary
                                                    End of Interval or
                                                    Class 2 System
                                                    Leakage Testing of
                                                    the Reactor Vessel
                                                    Head Flange O-Ring
                                                    Leak-Detection
                                                    System, Section XI,
                                                    Division 1.
N-823.........................  9 (10 Edition)...  Visual Examination,
                                                    Section XI, Division
                                                    1.
N-825 \8\.....................  3 (13 Edition)...  Alternative
                                                    Requirements for
                                                    Examination of
                                                    Control Rod Drive
                                                    Housing Welds,
                                                    Section XI, Division
                                                    1.
N-845 \9\.....................  6 (13 Edition)...  Qualification
                                                    Requirements for
                                                    Bolts and Studs,
                                                    Section XI, Division
                                                    1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
------------------------------------------------------------------------
OMN-1, Revision 1.............  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Active Electric
                                                    Motor-Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants.
OMN-2.........................  2012 Edition.....  Thermal Relief Valve
                                                    Code Case, OM Code-
                                                    1995, Appendix I.
OMN-3.........................  2012 Edition.....  Requirements for
                                                    Safety Significance
                                                    Categorization of
                                                    Components Using
                                                    Risk Insights for
                                                    Inservice Testing of
                                                    LWR Power Plants.
OMN-4.........................  2012 Edition.....  Requirements for Risk
                                                    Insights for
                                                    Inservice Testing of
                                                    Check Valves at LWR
                                                    Power Plants.
OMN-5.........................  2012 Edition.....  Testing of Liquid
                                                    Service Relief
                                                    Valves without
                                                    Insulation.
OMN-6.........................  2012 Edition.....  Alternative Rules for
                                                    Digital Instruments.
OMN-7.........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Pump Testing.
OMN-8.........................  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Power-Operated
                                                    Valves That Are Used
                                                    for System Control
                                                    and Have a Safety
                                                    Function per OM-10,
                                                    ISTC-1.1, or
                                                    ISTA[dash]1100.
OMN-9.........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-12........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Inservice Testing
                                                    Using Risk Insights
                                                    for Pneumatically
                                                    and Hydraulically
                                                    Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants (OM-Code
                                                    1998, Subsection
                                                    ISTC).
OMN-13, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending Snubber
                                                    Inservice Visual
                                                    Examination Interval
                                                    at [light water
                                                    reactor] (LWR) Power
                                                    Plants.
OMN-14........................  2012 Edition.....  Alternative Rules for
                                                    Valve Testing
                                                    Operations and
                                                    Maintenance,
                                                    Appendix I: BWR
                                                    [control rod drive]
                                                    CRD Rupture Disk
                                                    Exclusion.
OMN-15, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending the
                                                    Snubber Operational
                                                    Readiness Testing
                                                    Interval at LWR
                                                    Power Plants.
OMN-16........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-17........................  2012 Edition.....  Alternative Rules for
                                                    Testing ASME Class 1
                                                    Pressure Relief/
                                                    Safety Valves.

[[Page 10798]]

 
OMN-18........................  2012 Edition.....  Alternate Testing
                                                    Requirements for
                                                    Pumps Tested
                                                    Quarterly Within
                                                    20% of
                                                    Design Flow.
OMN-19........................  2012 Edition.....  Alternative Upper
                                                    Limit for the
                                                    Comprehensive Pump
                                                    Test.
OMN-20........................  2012 Edition.....  Inservice Test
                                                    Frequency.
------------------------------------------------------------------------
\7\ Code Case published in Supplement 1 to the 2013 Edition; included at
  the request of ASME.
\8\ Code Case published in Supplement 3 to the 2013 Edition; included at
  the request of ASME.
\9\ Code Case published in Supplement 6 to the 2013 Edition; included at
  the request of ASME.

List of Subjects in 10 CFR Part 50

    Administrative practice and procedure, Antitrust, Classified 
information, Criminal penalties, Education, Fire prevention, Fire 
protection, Incorporation by reference, Intergovernmental relations, 
Nuclear power plants and reactors, Penalties, Radiation protection, 
Reactor siting criteria, Reporting and recordkeeping requirements, 
Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing 
to adopt the following amendments to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste 
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National 
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.

0
2. In Sec.  50.55a, revise paragraph (a)(3)(i) through (iii) to read as 
follows:


Sec.  50.55a  Codes and standards.

    (a) * * *
    (3) * * *
    (i) NRC Regulatory Guide 1.84, Revision 37. NRC Regulatory Guide 
1.84, ``Design, Fabrication, and Materials Code Case Acceptability, 
ASME Section III,'' Revision 37, dated [DATE OF FINAL RULE PUBLICATION 
IN THE Federal Register], with the requirements in paragraph (b)(4) of 
this section.
    (ii) NRC Regulatory Guide 1.147, Revision 18. NRC Regulatory Guide 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18, dated [DATE OF FINAL RULE PUBLICATION IN THE 
Federal Register], which lists ASME Code Cases that the NRC has 
approved in accordance with the requirements in paragraph (b)(5) of 
this section.
    (iii) NRC Regulatory Guide 1.192, Revision 2. NRC Regulatory Guide 
1.192, ``Operation and Maintenance Code Case Acceptability, ASME OM 
Code,'' Revision 2, dated [DATE OF FINAL RULE PUBLICATION IN THE 
Federal Register], which lists ASME Code Cases that the NRC has 
approved in accordance with the requirements in paragraph (b)(6) of 
this section.
* * * * *

    Dated at Rockville, Maryland, this 5th day of February, 2016.

    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-04355 Filed 3-1-16; 8:45 am]
 BILLING CODE 7590-01-P

10780 Proposed Rules Federal Register Vol. 81, No. 41 Wednesday, March 2, 2016 This section of the FEDERAL REGISTER aspects of this rule by April 1, 2016. three RGs (currently in draft form for contains notices to the public of the proposed Comments received after this date will comment). The three draft RGs identify issuance of rules and regulations. The be considered if it is practical to do so, new, revised, and reaffirmed Code Cases purpose of these notices is to give interested but the NRC is able to ensure published by the ASME, which the NRC persons an opportunity to participate in the consideration only of comments has determined are acceptable for use as rule making prior to the adoption of the final rules. received on or before this date. alternatives to compliance with certain ADDRESSES: You may submit comments provisions of the ASME Boiler and by any of the following methods (unless Pressure Vessel Codes and ASME NUCLEAR REGULATORY this document describes a different Operations and Maintenance Codes COMMISSION method for submitting comments on a currently incorporated by reference into specific subject): the NRC’s regulations. The three draft 10 CFR Part 50 • Federal Rulemaking Web site: Go to RGs that the NRC proposes to [NRC–2012–0059] http://www.regulations.gov and search incorporate by reference are RG 1.84, for Docket ID NRC–2012–0059. Address ‘‘Design, Fabrication, and Materials RIN 3150–AJ13 questions about NRC dockets to Carol Code Case Acceptability, ASME Section Gallagher; telephone: 301–415–3463; III,’’ Revision 37 (Draft Regulatory Guide Approval of American Society of (DG)-1295); RG 1.147, ‘‘Inservice email: Carol.Gallagher@nrc.gov. For Mechanical Engineers’ Code Cases Inspection Code Case Acceptability, technical questions contact the AGENCY: Nuclear Regulatory individuals listed in the FOR FURTHER ASME Section XI, Division 1,’’ Revision Commission. INFORMATION CONTACT section of this 18 (DG–1296); and RG 1.192, ACTION: Proposed rule. document. ‘‘Operation and Maintenance [OM] Code • Email comments to: Case Acceptability, ASME OM Code,’’ SUMMARY: The U.S. Nuclear Regulatory Rulemaking.Comments@nrc.gov. If you Revision 2 (DG–1297). This proposed Commission (NRC) is proposing to do not receive an automatic email reply action would allow nuclear power plant amend its regulations to incorporate by confirming receipt, then contact us at licensees and applicants for reference proposed revisions of three 301–415–1677. construction permits (CPs), operating regulatory guides (RGs) which would • Fax comments to: Secretary, U.S. licenses (OLs), combined licenses approve new, revised, and reaffirmed Nuclear Regulatory Commission at 301– (COLs), standard design certifications, Code Cases published by the American 415–1101. standard design approvals, and Society of Mechanical Engineers • Mail comments to: Secretary, U.S. manufacturing licenses, to use the Code (ASME). This proposed action would Nuclear Regulatory Commission, Cases newly listed in these revised RGs allow nuclear power plant licensees, Washington, DC 20555–0001, ATTN: as alternatives to engineering standards and applicants for construction permits, Rulemakings and Adjudications Staff. for the construction, inservice operating licenses, combined licenses, • Hand deliver comments to: 11555 inspection (ISI), and inservice testing standard design certifications, standard Rockville Pike, Rockville, Maryland (IST) of nuclear power plant design approvals and manufacturing 20852, between 7:30 a.m. and 4:15 p.m. components. The NRC also notes the licenses, to use the Code Cases listed in (Eastern Time) Federal workdays; availability of a proposed version of RG these draft RGs as alternatives to telephone: 301–415–1677. 1.193, ‘‘ASME Code Cases Not engineering standards for the For additional direction on obtaining Approved for Use,’’ Revision 5 (DG– construction, inservice inspection, and information and submitting comments, 1298). This document lists Code Cases inservice testing of nuclear power plant see ‘‘Obtaining Information and that the NRC has not approved for components. These engineering Submitting Comments’’ in the generic use, and will not be standards are set forth in ASME Boiler SUPPLEMENTARY INFORMATION section of incorporated by reference into the and Pressure Vessel Codes and ASME this document. NRC’s regulations. The NRC is not Operations and Maintenance Codes, FOR FURTHER INFORMATION CONTACT: requesting comment on RG 1.193. which are currently incorporated by Jennifer Tobin, Office of Nuclear The NRC prepared a draft regulatory reference into the NRC’s regulations. Reactor Regulation, telephone: 301– analysis to determine the expected The NRC is requesting comments on 415–2328, email: Jennifer.Tobin@ quantitative costs and benefits of the this proposed rule and on the draft nrc.gov; and Anthony Cinson, Office of proposed rule, as well as qualitative versions of the three RGs proposed to be Nuclear Regulatory Research, telephone: factors to be considered in the NRC’s incorporated by reference. The NRC is 301–415–2393; email: Anthony.Cinson@ rulemaking decision. The analysis also making available a related draft RG nrc.gov. Both are staff of the U.S. concluded that the proposed rule would that lists Code Cases that the NRC has Nuclear Regulatory Commission, result in net savings to the industry and jstallworth on DSK7TPTVN1PROD with PROPOSALS not approved for use. This draft RG will Washington, DC 20555–0001. the NRC. As shown in the following not be incorporated by reference into SUPPLEMENTARY INFORMATION: table, the estimated total net benefit the NRC’s regulations. relative to the regulatory baseline, the DATES: Submit comments on the Executive Summary quantitative benefits outweigh the costs proposed rule and related guidance by The purpose of this regulatory action by a range from approximately May 16, 2016. Submit comments is to incorporate by reference into the $5,504,000 (7-percent NPV) to specific to the information collections NRC regulations the latest revisions of $6,520,000 (3-percent NPV). 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Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10781 Total averted costs (Costs) Attribute Undiscounted 7% NPV 3% NPV Industry Implementation ........................................................................................................ ($1,933,000) ($1,933,000) ($1,933,000) Industry Operation ................................................................................................................. $7,771,000 $6,375,000 $7,124,000 Total Industry Costs ............................................................................................................... $4,517,000 $3,353,000 $3,978,000 ................................................................................................................................................ .......................... .......................... .......................... NRC Implementation ............................................................................................................. ($294,000) ($294,000) ($294,000) NRC Operation ...................................................................................................................... $3,190,000 $2,444,000 $2,836,000 Total NRC Cost ..................................................................................................................... $2,896,000 $2,151,000 $2,543,000 ................................................................................................................................................ .......................... .......................... .......................... Net .................................................................................................................................. $7,413,000 $5,504,000 $6,520,000 The regulatory analysis also C. ASME Code Cases Not Approved for Use B. Submitting Comments considered the following (DG–1298/RG 1.193) IV. Section-by-Section Analysis Please include Docket ID NRC–2012– nonquantifiable benefits for industry V. Regulatory Flexibility Certification 0059 in your comment submission. and the NRC: (1) Would provide licensees with flexibility and would VI. Regulatory Analysis The NRC cautions you not to include VII. Backfitting and Issue Finality identifying or contact information that decrease licensee’s uncertainty when VIII. Plain Writing making modifications or preparing to you do not want to be publicly IX. Incorporation by Reference—Reasonable disclosed in your comment submission. perform ISI or IST; (2) consistency with Availability to Interested Parties the provisions of the National The NRC will post all comment X. Environmental Assessment and Proposed Technology Transfer and Advancement Finding of No Significant Environmental submissions at http:// Act of 1995 (NTTAA), which Impact www.regulations.gov as well as enter the encourages Federal regulatory agencies XI. Paperwork Reduction Act Statement comment submissions into ADAMS. to consider adopting voluntary XII. Voluntary Consensus Standards The NRC does not routinely edit consensus standards as an alternative to XIII. Availability of Documents comment submissions to remove de novo agency development of identifying or contact information. I. Obtaining Information and standards affecting an industry; (3) Submitting Comments If you are requesting or aggregating consistency with the NRC’s policy of comments from other persons for evaluating the latest versions of A. Obtaining Information submission to the NRC, then you should consensus standards in terms of their inform those persons not to include Please refer to Docket ID NRC–2012– identifying or contact information that suitability for endorsement by 0059 when contacting the NRC about regulations and regulatory guides; and they do not want to be publicly the availability of information for this disclosed in their comment submission. (4) consistency with the NRC’s goal to action. You may obtain publicly- harmonize with international standards Your request should state that the NRC available information related to this does not routinely edit comment to improve regulatory efficiency for both action by any of the following methods: the NRC and international standards submissions to remove such information groups. • Federal Rulemaking Web site: Go to before making the comment The draft regulatory analysis http://www.regulations.gov and search submissions available to the public or concludes that the proposed rule should for Docket ID NRC–2012–0059. entering the comment into ADAMS. be adopted because it is justified when • NRC’s Agencywide Documents II. Background integrating the cost-beneficial Access and Management System quantitative results and the positive and (ADAMS): You may obtain publicly- The ASME develops and publishes supporting nonquantitative available documents online in the the ASME Boiler and Pressure Vessel considerations in the decision. For more ADAMS Public Documents collection at Code (BPV Code), which contains information, please see the regulatory http://www.nrc.gov/reading-rm/ requirements for the design, analysis (ADAMS Accession No. adams.html. To begin the search, select construction, and ISI and examination ML15041A816). ‘‘ADAMS Public Documents’’ and then of nuclear power plant components, and select ‘‘Begin Web-based ADAMS the ASME Code for Operation and Table of Contents Maintenance of Nuclear Power Plants Search.’’ For problems with ADAMS, I. Obtaining Information and Submitting please contact the NRC’s Public (OM Code) 1, which contains Comments Document Room (PDR) reference staff at requirements for IST of nuclear power A. Obtaining Information 1–800–397–4209, 301–415–4737, or by plant components. In response to BPV B. Submitting Comments and OM Code user requests, the ASME II. Background email to pdr.resource@nrc.gov. For the III. Discussion convenience of the reader, instructions develops Code Cases that provide jstallworth on DSK7TPTVN1PROD with PROPOSALS A. Code Cases Proposed To Be Approved about obtaining materials referenced in alternatives to BPV and OM Code for Unconditional Use this document are provided in the requirements under special B. Code Cases Proposed To Be Approved ‘‘Availability of Documents’’ section. circumstances. for Use With Conditions • NRC’s PDR: You may examine and ASME BPV Code, Section III Code Cases 1 The editions and addenda of the ASME Code for (DG–1295/RG 1.84) purchase copies of public documents at Operation and Maintenance of Nuclear Power ASME BPV Code, Section XI Code Cases the NRC’s PDR, Room O1–F21, One Plants have had different titles from 2005 to 2012, (DG–1296/RG 1.147) White Flint North, 11555 Rockville and are referred to collectively in this rule as the OM Code Cases (DG–1297/RG 1.192) Pike, Rockville, Maryland 20852. ‘‘OM Code.’’ VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10782 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules The NRC approves and can mandate specified conditions (‘‘conditionally 2010 Edition of the BPV Code and the the use of the ASME BPV and OM acceptable’’). Regulatory Guide 1.84 2009 Edition through the 2012 Edition Codes in § 50.55a, ‘‘Codes and (DG–1295, Revision 37) would of the OM Code. The Code Cases in standards,’’ of title 10 of the Code of supersede Revision 36; RG 1.147 (DG– these supplements and OM Editions and Federal Regulations (10 CFR) through 1296, Revision 18) would supersede Addenda are the subject of this the process of incorporation by Revision 17; and RG 1.192 (DG–1297, proposed rule. First, the ASME develops reference. As such, each provision of the Revision 2) would supersede Revision 1. Code Cases through a consensus ASME Codes incorporated by reference The NRC also publishes a document (RG development process, as administered into, and mandated by § 50.55a 1.193, ‘‘ASME Code Cases Not by the American National Standards constitutes a legally-binding NRC Approved for Use’’) that lists Code Institute (ANSI), which ensures that the requirement imposed by rule. As noted Cases that the NRC has not approved for various technical interests (e.g., utility, previously, ASME Code Cases, for the generic use. manufacturing, insurance, regulatory) most part, represent alternative RG 1.193 is not incorporated by are represented on standards approaches for complying with reference into the NRC’s regulations; development committees and that their provisions of the ASME BPV and OM however, NRC notes the availability of view points are addressed fairly. The Codes. Accordingly, the NRC a proposed version of RG 1.193, NRC staff actively participates through periodically amends § 50.55a to Revision 5 (DG–1298). The NRC is not full involvement in discussions and incorporate by reference NRC RGs requesting comment on DG–1298. technical debates of the task groups, listing approved ASME Code Cases that The ASME Code Cases that are the working groups, subgroups, and may be used as alternatives to the BPV subject of this rulemaking are the new, standards committee regarding the and OM Codes.2 revised, and reaffirmed Section III and development of new and revised This rulemaking is the latest in a Section XI Code Cases listed in standards. The Code Case process series of rulemakings that incorporate Supplement 11 to the 2007 BPV Code includes development of a technical by reference new versions of several through Supplement 10 to the 2010 BPV justification in support of each new or RGs identifying new, revised, and Code, and the OM Code Cases published revised Code Case. The ASME reaffirmed,3 and unconditionally or with the 2009 Edition through the 2012 committee meetings are open to the conditionally acceptable ASME Code Edition. public and attendees are encouraged to Cases that the NRC approves for use. In The latest editions and addenda of the participate. Task groups, working developing these RGs, the NRC staff ASME BPV and OM Codes that the NRC groups, and subgroups report to a reviews ASME BPV and OM Code has approved for use are referenced in standards committee. The standards Cases, determines the acceptability of § 50.55a. The ASME also publishes committee is the decisive consensus each Code Case, and publishes its Code Cases that provide alternatives to committee in that it ensures that the findings in the RGs. The RGs are revised existing Code requirements that the development process fully complies periodically as new Code Cases are ASME developed and approved. The with the ANSI consensus process. published by the ASME. The NRC proposed rule would incorporate by incorporates by reference the RGs listing reference RGs 1.84, 1.147, and 1.192, Second, the standards committee acceptable and conditionally acceptable allowing nuclear power plant licensees, transmits a first consideration letter ASME Code Cases into § 50.55a. and applicants for CPs, OLs, COLs, ballot to every member of the standards Currently, NRC RG 1.84, ‘‘Design, standard design certifications, standard committee requesting comment or Fabrication, and Materials Code Case design approvals, and manufacturing approval of new and revised Code Acceptability, ASME Section III,’’ licenses under the regulations that Cases. Code Cases are approved by the Revision 36; RG 1.147, ‘‘Inservice govern license certifications to use the standards committee from the first Inspection Code Case Acceptability, Code Cases listed in these RGs as consideration letter ballot when at least ASME Section XI, Division 1,’’ Revision suitable alternatives to the ASME BPV two thirds of the eligible consensus 17; and RG 1.192, ‘‘Operation and and OM Codes for the construction, ISI, committee membership vote approved, Maintenance Code Case Acceptability, and IST of nuclear power plant there are no disapprovals from the ASME OM Code,’’ Revision 1, are components. This action would be standards committee, and no incorporated into the NRC’s regulations consistent with the provisions of the substantive comments are received from in § 50.55a. National Technology Transfer and the ASME oversight committees such as Advancement Act of 1995 (NTTAA), the Technical Oversight Management III. Discussion Public Law 104–113, which encourages Committee (TOMC). The TOMC’s This proposed rule would incorporate Federal regulatory agencies to consider duties, in part, are to oversee various by reference the latest revisions of the adopting industry consensus standards standards committees to ensure NRC RGs that list ASME BPV and OM as an alternative to de novo agency technical adequacy and to provide Code Cases that the NRC finds to be development of standards affecting an recommendations in the development of acceptable, or acceptable with NRC- industry. This action would also be codes and standards, as required. Code consistent with the NRC policy of Cases that were disapproved or received 2 See ‘‘Incorporation by Reference of ASME BPV evaluating the latest versions of substantive comments from the first and OM Code Cases’’ (68 FR 40469; July 8, 2003). consensus standards in terms of their consideration ballot are reviewed by the 3 Code Cases are categorized by ASME as one of three types: New, revised, or reaffirmed. A new suitability for endorsement by working level group(s) responsible for regulations or regulatory guides. their development to consider the jstallworth on DSK7TPTVN1PROD with PROPOSALS Code Case provides for a new alternative to specific ASME Code provisions or addresses a new need. The NRC follows a three-step process comments received. These Code Cases The ASME defines a revised Code Case to be a to determine acceptability of new, are approved by the standards revision (modification) to an existing Code Case to address, for example, technological advancements revised, and reaffirmed Code Cases, and committee on second consideration in examination techniques or to address NRC the need for regulatory positions on the when at least two thirds of the eligible conditions imposed in one of the RGs that have uses of these Code Cases. This process consensus committee membership vote been incorporated by reference into § 50.55a. The ASME defines ‘‘reaffirmed’’ as an OM Code Case to was employed in the review of the Code approved, and there are no more than be one that does not have any change to technical Cases in Supplement 11 to the 2007 three disapprovals from the consensus content, but includes editorial changes. Edition through Supplement 10 to the committee. 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Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10783 Third, the NRC reviews new, revised, proposed to be incorporated by Code Cases in which the NRC is not and reaffirmed Code Cases to determine reference into § 50.55a in this proposing any conditions. The NRC their acceptability for incorporation by rulemaking. The NRC proposes to concludes, in accordance with the reference in § 50.55a through the subject conclude, in accordance with the process described for review of ASME RGs. This rulemaking process, when process described, that the Code Cases Code Cases, that each of the ASME Code considered together with the ANSI are technically adequate (with Cases listed in TABLE I are acceptable process for developing and approving conditions as necessary) and consistent for use without conditions. Therefore, the ASME codes and standards, and with current NRC regulations, and the NRC proposes to approve for Code Cases, constitutes the NRC’s basis referencing these Code Cases in the unconditional use the Code Cases listed that the Code Cases (with conditions as applicable RGs, thereby approving them in TABLE I. This table identifies the necessary) provide reasonable assurance for use subject to the specified draft regulatory guide listing the of adequate protection to public health conditions. applicable Code Case that the NRC and safety. A. Code Cases Proposed To Be proposes to approve for use. The NRC reviewed the new, revised, Approved for Unconditional Use and reaffirmed Code Cases identified in The Code Cases that are discussed in the three draft regulatory guides TABLE I are new, revised or reaffirmed TABLE I—CODE CASES PROPOSED FOR UNCONDITIONAL USE Code Case No. Supplement Title Boiler and Pressure Vessel Code Section III (addressed in DG–1295, Table 1) N–284–3 .......................................... 7 (10 Edition) ................................. Metal Containment Shell Buckling Design Methods, Class MC, TC, and SC Construction, Section III, Divisions 1 and 3. N–500–4 .......................................... 8 (10 Edition) ................................. Alternative Rules for Standard Supports for Classes 1, 2, 3, and MC, Section III, Division 1. N–520–5 .......................................... 10 (10 Edition) ............................... Alternative Rules for Renewal of Active or Expired N-type Certificates for Plants Not in Active Construction, Section III, Division 1. N–594–1 .......................................... 8 (10 Edition) ................................. Repairs to P–4 and P–5A Castings without Postweld Heat Treatment Class 1, 2, and 3 Construction, Section III, Division 1. N–637–1 .......................................... 3 (10 Edition) ................................. Use of 44Fe-25Ni-21Cr-Mo (Alloy UNS N08904) Plate, Bar, Fittings, Welded Pipe, and Welded Tube, Classes 2 and 3, Section III, Divi- sion 1. N–655–2 .......................................... 4 (10 Edition) ................................. Use of SA–738, Grade B, for Metal Containment Vessels, Class MC, Section III, Division 1. N–763 .............................................. 2 (10 Edition) ................................. ASTM A 709–06, Grade HPS 70W (HPS 485W) Plate Material With- out Postweld Heat Treatment as Containment Liner Material or Structural Attachments to the Containment Liner, Section III, Divi- sion 2. N–777 .............................................. 4 (10 Edition) ................................. Calibration of Cv Impact Test Machines, Section III, Divisions 1, 2, and 3. N–785 .............................................. 11 (07 Edition) ............................... Use of SA–479/SA–479M, UNS S41500 for Class 1 Welded Con- struction, Section III, Division 1. N–811 .............................................. 7 (10 Edition) ................................. Alternative Qualification Requirements for Concrete Level III Inspec- tion Personnel, Section III, Division 2. N–815 .............................................. 8 (10 Edition). ................................ Use of SA–358/SA–358M Grades Fabricated as Class 3 or Class 4 Welded Pipe, Class CS Core Support Construction, Section III, Di- vision 1. N–816 .............................................. 8 (10 Edition) ................................. Use of Temper Bead Weld Repair Rules Adopted in 2010 Edition and Earlier Editions, Section III, Division 1. N–817 .............................................. 8 (10 Edition). ................................ Use of Die Forgings, SB–247, UNS A96061 Class T6, With Thick- ness ≤4.000 in. Material, Class 2 Construction (1992 Edition or Later), Section III, Division 1. N–819 .............................................. 8 (10 Edition) ................................. Use of Die Forgings, SB–247, UNS A96061 Class T6, With Thick- ness ≤4.000 in. Material, Class 2 Construction (1989 Edition with the 1991 Addenda or Earlier), Section III, Division 1. N–822 .............................................. 8 (10 Edition) ................................. Application of the ASME Certification Mark, Section III, Divisions 1, 2, 3, and 5. Boiler and Pressure Vessel Code Section XI (addressed in DG–1296, Table 1) jstallworth on DSK7TPTVN1PROD with PROPOSALS N–609–1 .......................................... 3 (10 Edition) ................................. Alternative Requirements to Stress-Based Selection Criteria for Cat- egory B–J Welds, Section XI, Division 1. N–613–2 .......................................... 4 (10 Edition) ................................. Ultrasonic Examination of Full Penetration Nozzles in Vessels, Exam- ination Category B–D, Reactor Nozzle-To-Vessel Welds, and Noz- zle Inside Radius Section Figs. IWB–2500–7(a), (b), (c), and (d), Section XI, Division 1. N–652–2 .......................................... 9 (10 Edition) ................................. Alternative Requirements to Categorize B–G–1, B–G–2, and C–D Bolting Examination Methods and Selection Criteria, Section XI, Di- vision 1. 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10784 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules TABLE I—CODE CASES PROPOSED FOR UNCONDITIONAL USE—Continued Code Case No. Supplement Title N–653–1 .......................................... 9 (10 Edition) ................................. Qualification Requirements for Full Structural Overlaid Wrought Aus- tenitic Piping Welds, Section XI, Division 1. N–694–2 4 ........................................ 1 (13 Edition) ................................. Evaluation Procedure and Acceptance Criteria for [pressurized water reactors] (PWR) Reactor Vessel Head Penetration Nozzles, Sec- tion XI, Division 1. N–730–1 .......................................... 10 (10 Edition) ............................... Roll Expansion of Class 1 Control Rod Drive Bottom Head Penetra- tions in [boiling water reactors] BWRs, Section XI, Division 1. N–769–2 .......................................... 10 (10 Edition) ............................... Roll Expansion of Class 1 In-Core Housing Bottom Head Penetra- tions in BWRs, Section XI, Division 1. N–771 .............................................. 7 (10 Edition) ................................. Alternative Requirements for Additional Examinations of Class 2 or 3 Items, Section XI, Division 1. N–775 .............................................. 2 (10 Edition) ................................. Alternative Requirements for Bolting Affected by Borated Water Leak- age, Section XI, Division 1. N–776 .............................................. 1 (10 Edition) ................................. Alternative to IWA–5244 Requirements for Buried Piping, Section XI, Division 1. N–786 .............................................. 5 (10 Edition) ................................. Alternative Requirements for Sleeve Reinforcement of Class 2 and 3 Moderate-Energy Carbon Steel Piping, Section XI, Division 1. N–798 .............................................. 4 (10 Edition) ................................. Alternative Pressure Testing Requirements for Class 1 Piping Be- tween the First and Second Vent, Drain, and Test Isolation De- vices, Section XI, Division 1. N–800 .............................................. 4 (10 Edition) ................................. Alternative Pressure Testing Requirements for Class 1 Piping Be- tween the First and Second Injection Valves, Section XI, Division 1. N–803 .............................................. 5 (10 Edition) ................................. Similar and Dissimilar Metal Welding Using Ambient Temperature Automatic or Machine Dry Underwater Laser Beam Welding (ULBW) Temper Bead Technique, Section XI, Division 1. N–805 .............................................. 6 (10 Edition) ................................. Alternative to Class 1 Extended Boundary End of Interval or Class 2 System Leakage Testing of the Reactor Vessel Head Flange O- Ring Leak-Detection System, Section XI, Division 1. N–823 .............................................. 9 (10 Edition) ................................. Visual Examination, Section XI, Division 1. N–825 5 ............................................ 3 (13 Edition) ................................. Alternative Requirements for Examination of Control Rod Drive Hous- ing Welds, Section XI, Division 1. N–845 6 ............................................ 6 (13 Edition) ................................. Qualification Requirements for Bolts and Studs, Section XI, Division 1. Code for Operations and Maintenance (OM) (addressed in DG–1297, Table 1) Code Case No. Edition Title OMN–2 ............................................ 2012 Edition ................................... Thermal Relief Valve Code Case, OM Code-1995, Appendix I OMN–5 ............................................ 2012 Edition ................................... Testing of Liquid Service Relief Valves without Insulation. OMN–6 ............................................ 2012 Edition ................................... Alternative Rules for Digital Instruments. OMN–7 ............................................ 2012 Edition ................................... Alternative Requirements for Pump Testing. OMN–8 ............................................ 2012 Edition ................................... Alternative Rules for Preservice and Inservice Testing of Power-Op- erated Valves That Are Used for System Control and Have a Safe- ty Function per OM–10, ISTC–1.1, or ISTA-1100. OMN–13, Revision 2 ....................... 2012 Edition ................................... Performance-Based Requirements for Extending Snubber Inservice Visual Examination Interval at [light water reactor] (LWR) Power Plants. OMN–14 .......................................... 2012 Edition ................................... Alternative Rules for Valve Testing Operations and Maintenance, Ap- pendix I: BWR [control rod drive] CRD Rupture Disk Exclusion. OMN–15, Revision 2 ....................... 2012 Edition ................................... Performance-Based Requirements for Extending the Snubber Oper- ational Readiness Testing Interval at LWR Power Plants. OMN–17 .......................................... 2012 Edition ................................... Alternative Rules for Testing ASME Class 1 Pressure Relief/Safety Valves. OMN–20 .......................................... 2012 Edition ................................... Inservice Test Frequency. 4 Code Case published in Supplement 1 to the 2013 Edition; included at the request of ASME. 5 Code Case published in Supplement 3 to the 2013 Edition; included at the request of ASME. 6 Code Case published in Supplement 6 to the 2013 Edition; included at the request of ASME. B. Code Cases Proposed To Be alternative requirements specified in activities that must be performed, the jstallworth on DSK7TPTVN1PROD with PROPOSALS Approved for Use With Conditions those Code Cases must be supplemented limits on the activities specified in the The Code Cases that are discussed in in order to provide an acceptable level Code Case, and/or the supplemental TABLE II are new, revised or reaffirmed of quality and safety. Accordingly, the information needed to provide clarity. Code Cases in which the NRC is NRC proposes to impose conditions on These ASME Code Cases with proposing conditions. The NRC has the use of these Code Cases to modify, conditions are included in Table 2 of determined that certain Code Cases, as limit or clarify their requirements. The DG–1295 (RG 1.84), DG–1296 (RG issued by the ASME, are generally conditions would specify, for each 1.147), and DG–1297 (RG 1.192). No acceptable for use, but that the applicable Code Case, the additional new ASME Code Cases with conditions VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10785 are proposed to be listed in Table 2 of DG–1295 (RG 1.84). TABLE II—CODE CASES PROPOSED FOR CONDITIONAL USE Code Case No. Supplement Title Boiler and Pressure Vessel Code Section III (addressed in DG–1295, Table 2) No ASME Section III Code Cases are proposed for Conditional Approval in this Rulemaking Boiler and Pressure Vessel Code Section XI (addressed in DG–1296, Table 2) N–552–1 .......................................... 10 (10 Edition) ............................... Alternative Methods—Qualification for Nozzle Inside Radius Section from the Outside Surface, Section XI, Division 1. N–576–2 .......................................... 9 (10 Edition) ................................. Repair of Class 1 and 2 SB–163, UNS N06600 Steam Generator Tubing, Section XI, Division 1. N–593–2 .......................................... 8 (10 Edition) ................................. Examination Requirements for Steam Generator Nozzle-to-Vessel Welds, Section XI, Division 1. N–638–6 .......................................... 6 (10 Edition) ................................. Similar and Dissimilar Metal Welding Using Ambient Temperature Machine GTAW Temper Bead Technique, Section XI, Division 1. N–662–1 .......................................... 6 (10 Edition) ................................. Alternative Repair/Replacement Requirements for Items Classified in Accordance with Risk-Informed Processes, Section XI, Division 1. N–666–1 .......................................... 9 (10 Edition) ................................. Weld Overlay of Classes 1, 2, and 3 Socket Welded Connections, Section XI, Division 1. N–749 .............................................. 9 (10 Edition) ................................. Alternative Acceptance Criteria for Flaws in Ferritic Steel Compo- nents Operating in the Upper Shelf Temperature Range, Section XI, Division 1. N–754 .............................................. 6 (10 Edition) ................................. Optimized Structural Dissimilar Metal Weld Overlay for Mitigation of PWR Class 1 Items, Section XI, Division 1. N–778 .............................................. 6 (10 Edition) ................................. Alternative Requirements for Preparation and Submittal of Inservice Inspection Plans, Schedules, and Preservice and Inservice Sum- mary Reports, Section XI, Division 1. N–789 .............................................. 6 (10 Edition) ................................. Alternative Requirements for Pad Reinforcement of Class 2 and 3 Moderate Energy Carbon Steel Piping for Raw Water Service, Sec- tion XI, Division 1. N–795 .............................................. 3 (10 Edition) ................................. Alternative Requirements for BWR Class 1 System Leakage Test Pressure Following Repair/Replacement Activities, Section XI, Divi- sion 1. N–799 .............................................. 4 (10 Edition) ................................. Dissimilar Metal Welds Joining Vessel Nozzles to Components, Sec- tion XI, Division 1. Code for Operations and Maintenance (OM) (addressed in DG–1297, Table 2) Code Case No. Edition Title OMN–1 Revision 1 .......................... 2012 Edition ................................... Alternative Rules for Preservice and Inservice Testing of Active Elec- tric Motor-Operated Valve Assemblies in Light-Water Reactor Power Plants. OMN–3 ............................................ 2012 Edition ................................... Requirements for Safety Significance Categorization of Components Using Risk Insights for Inservice Testing of LWR Power Plants. OMN–4 ............................................ 2012 Edition ................................... Requirements for Risk Insights for Inservice Testing of Check Valves at LWR Power Plants. OMN–9 ............................................ 2012 Edition ................................... Use of a Pump Curve for Testing. OMN–12 .......................................... 2012 Edition ................................... Alternative Requirements for Inservice Testing Using Risk Insights for Pneumatically and Hydraulically Operated Valve Assemblies in Light-Water Reactor Power Plants (OM-Code 1998, Subsection ISTC). OMN–16 .......................................... 2012 Edition ................................... Use of a Pump Curve for Testing. OMN–18 .......................................... 2012 Edition ................................... Alternate Testing Requirements for Pumps Tested Quarterly Within ±20% of Design Flow. OMN–19 .......................................... 2012 Edition ................................... Alternative Upper Limit for the Comprehensive Pump Test. jstallworth on DSK7TPTVN1PROD with PROPOSALS The NRC’s evaluation of the Code the conditions duplicated from previous 2007 Edition through Supplement 10 to Cases and the reasons for the NRC’s versions of the RG. the 2010 Edition that the NRC proposes proposed conditions are discussed in to conditionally approve in draft ASME BPV Code, Section III Code Cases the following paragraphs. The NRC Revision 37 of RG 1.84. (DG–1295/RG 1.84) requests public comment on these Code Cases and the proposed conditions. There are no new or revised Section Notations have been made to indicate III Code Cases in Supplement 11 to the VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10786 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules ASME BPV Code, Section XI Code Cases in Code Case N–613–1 for similar vessel specifications for the temper bead (DG–1296/RG 1.147) nozzles. technique that were contained in earlier The NRC identified an issue with versions of the Code Case have been Code Case N–552–1 [Supplement 10, respect to Code Case N–593–2 with incorporated into ASME Section IX, 2010 Edition] respect to its inconsistency with Code ‘‘Welding and Brazing Qualifications,’’ Type: Revised. Case N–613–1. Code Case N–593–2 and QW–290, ‘‘Temper Bead Welding.’’ Title: Alternative Methods— Code Case N–613–1 address certain Code Case N–638–6 retains the Qualification for Nozzle Inside Radius types of nozzle-to-vessel welds. Code provisions not addressed by QW–290 Section from the Outside Surface, Case N–613–1 states that ‘‘. . .Category and references QW–290 in lieu of Section XI, Division 1. B–D nozzle-to-vessel welds previously specifying them directly in the Code The proposed conditions on Code ultrasonically examined using the Case. Case N–552–1 are identical to the examination volumes of Figs. IWB– In addition to retaining one of the two conditions on N–552 that were 2500–7(a), (b), and (c) may be examined conditions on Code Case N–638–4, the approved by the NRC in Revision 16 of using the reduced examination volume NRC is proposing to add a new RG 1.147 in October 2010. (A–B–C–D–E–F–G–H) of Figs. 1, 2, and The reasons for imposing these condition to address technical issues 3.’’ The keywords are ‘‘previously raised by certain provisions of Code conditions are not addressed by Code examined.’’ Code Case N–613–1 Case N–552–1 and, therefore, these Case N–638–6. requires the larger volume to have been conditions would be retained in previously examined before The retained condition on Code Case proposed Revision 18 of RG 1.147 (DG– examinations using the reduced volume N–638–6 pertains to the qualification of 1296). can be performed. This ensures that NDE and is identical to the condition on there are no detrimental flaws in the N–638–4 that was approved by the NRC Code Case N–576–2 [Supplement 9, in Revision 17 of RG 1.147 in October 2010 Edition] component adjacent to the weld that would be missed if the inspection was 2014. The reasons for imposing this Type: Revised. performed only on the reduced volume. condition is not addressed by Code Case Title: Repair of Class 1 and 2 SB–163, However, Code Case N–593–2 allows a N–638–6 and, therefore, this condition UNS N06600 Steam Generator Tubing, licensee to immediately implement the would be retained in proposed Revision Section XI, Division 1. reduced volume. Accordingly, the NRC 18 of RG 1.147 (DG–1296). The proposed conditions on Code is proposing to condition Code Case N– The new proposed condition is that Case N–576–2 are identical to the 593–2 to require that the examination section 1(b)(1) of the Code Case shall conditions on N–576–1 that were volume specified in Section XI, Table not be used. Section 1(b)(1) would allow approved by the NRC in Revision 17 of IWB–2500–1, Examination Category B– through-wall circumferential repair RG 1.147 in October 2014. The reasons D, be used for the examination of steam welds to be made using the temper bead for imposing these conditions are not generator nozzle-to-vessel welds at least technique without heat treatment. addressed by Code Case N–552–2 and, once prior to use of the reduced volume Revisions 1 through 5 of N–638 limited therefore, these conditions would be allowed by the Code Case. the depth of the weld to one-half of the retained in proposed Revision 18 of RG ferritic base metal thickness and the 1.147 (DG–1296). Code Case N–638–6 [Supplement 6, previously stated condition will limit 2010 Edition] Code Case N–593–2 [Supplement 8, repairs to this previously approved 2010 Edition] Type: Revised. value. Repairs exceeding one-half of the Title: Similar and Dissimilar Metal ferritic base metal thickness may Type: Revised. Welding Using Ambient Temperature represent significant repairs (e.g., Title: Examination Requirements for Machine GTAW Temper Bead replacement of an entire portion of the Steam Generator Nozzle-to-Vessel Technique, Section XI, Division 1. reactor coolant loop). Until the NRC has Welds, Section XI, Division 1. Code Case N–638–6 allows the use of more experience with such repairs, the The first condition on Code Case N– the automatic or machine gas-tungsten NRC is imposing this condition so that 593–2 is identical to the condition on arc welding (GTAW) temper bead prior NRC approval is necessary. Once Code Case N–593 that was first technique. The GTAW is a proven significant experience is obtained approved by the NRC in Revision 13 of method that can produce high-quality demonstrating such major repairs can be RG 1.147 in June 2003. The condition welds because it affords greater control performed safely, the NRC will consider stated that, ‘‘Essentially 100 percent (not over the weld area than many other relaxing this condition. less than 90 percent) of the examination welding processes. volume A–B–C–D–E–F–G–H [in Figure The NRC first approved Code Case N– Code Case N–662–1 [Supplement 6, 1 of the Code Case] must be examined.’’ 638 (Revision 0) in 2003 (Revision 13 of 2010 Edition] The reasons for imposing this condition Regulatory Guide 1.147). Code Case N– Type: Revised. in Code Case N–593 continue to apply 638–4 was approved by the NRC in to Code Case N–593–2. Therefore, this Revision 16 of RG 1.147 with two Title: Alternative Repair/Replacement condition would be retained for this conditions. Code Case N–638–5 was not Requirements for Items Classified in Code Case in Revision 18 of RG 1.147. approved in RG 1.147 for generic use Accordance with Risk-Informed The second condition on Code Case but has been approved through requests Processes, Section XI, Division 1. N–593–2 is new. Revision 2 of the Code for an alternative to § 50.55a. Code Case The proposed condition on Code Case jstallworth on DSK7TPTVN1PROD with PROPOSALS Case reduces the weld examination N–638–6 address one of the NRC’s N–662–1 is identical to the condition on volume by reducing the width examined concerns that were raised when Code N–662 that was approved by the NRC in on either side of the weld from ts/2 to Case N–638–4 was considered for Revision 16 of RG 1.147 in October 1⁄2 in. The basis for this change in approval and, therefore, the NRC is 2010. The reasons for imposing this inspection volume is to make the proposing to delete that condition from condition are not addressed by Code examination volume for steam generator RG 1.147. Case N–662–1 and, therefore, this nozzle-to-vessel welds (under Code Case Many of the provisions for developing condition would be retained in DG– N–593–2) consistent with that specified and qualifying welding procedure 1296/proposed Revision 18 of RG 1.147. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10787 Code Case N–666–1 [Supplement 9, acceptable to only perform a VT–1 Upper Shelf Temperature Range,’’ is 2010 Edition] examination of the completed weld that the ASME Code, Section XI, K1c Type: Revised. overlay. curve will give a (T- RTNDT) value of Title: Weld Overlay of Classes 1, 2, 105 °F at K1c of 200 ksi√inch. Code Case N–749 [Supplement 9, 2010 and 3 Socket Welded Connections, Edition] Defining an upper shelf transition Section XI, Division 1. temperature purely based on LEFM data Type: New. is not convincing because it ignores Code Case N–666 was Title: Alternative Acceptance Criteria EPFM data and Charpy data and their unconditionally approved in Revision for Flaws in Ferritic Steel Components relationship to the LEFM data. The NRC 17 of RG 1.147. The NRC proposes to Operating in the Upper Shelf staff performed calculations on several approve Code Case N–666–1 with two Temperature Range, Section XI, randomly selected reactor pressure conditions. Division 1. vessel surveillance materials with high The first proposed condition is that a The NRC proposes that instead of the surface examination must be performed upper-shelf energy values and low upper shelf transition temperature, Tc, RTNDT values from three plants and on the completed weld overlay for Class as defined in the Code Case, the 1 and Class 2 piping socket welds. Code found that using Tc, as defined in the following shall be used: Code case, is nonconservative because Case N–666–1 contains provisions for Tc = 154.8 °F + 0.82 x RTNDT (in U.S the design, installation, evaluation, at the temperature of RTNDT + 105 °F, Customary Units), and pressure testing, and examination of the the Charpy curves show that most of the Tc = 82.8 °C + 0.82 x RTNDT (in weld overlays on Class 1, 2, and 3 materials will not reach their respective International System (SI) Units). socket welds. Section 5(a)(1) of the Code Tc is the temperature above which the upper-shelf levels. The NRC staff’s Case requires nondestructive elastic plastic fracture mechanics condition is based on a 2015 ASME examination (NDE) of the completed (EPFM) method must be applied. Pressure Vessels and Piping Conference weld overlay in accordance with the Additionally, the NRC defines paper (PVP2015–45307) by Mark Kirk, Construction Code. However, various temperature Tc1 below which the linear Gary Stevens, Marjorie Erickson, Construction Codes have been used in elastic fracture mechanics (LEFM) William Server, and Hal Gustin entitled the design and fabrication of the nuclear method must be applied: ‘‘Options for Defining the Upper Shelf power plant fleet. The requirements for Tc1 = 95.36 °F + 0.703 x RTNDT (in U.S Transition Temperature (Tc) for Ferritic NDE have changed over the years as Customary Units), and Pressure Vessel Steels,’’ where Tc and more effective and reliable methods and Tc1 = 47.7 °C + 0.703 x RTNDT (in Tc1 are defined as the intersections of techniques have been developed. In International System (SI) Units). specific toughness curves of LEFM data addition, Construction Code practices Between Tc1 and Tc, while the fracture and EPFM data as shown in that paper. have evolved based on design and mode is in transition from LEFM to Using the model in the 2015 PVP paper construction experience. The NRC is EPFM, users should consider whether or is justified because, in addition to its concerned that some of the Construction not it is appropriate to apply the EPFM theoretically motivated approach Codes would not require a surface method. Alternatively, the licensee may applying the temperature-dependent examination of the weld overlay and use a different Tc value if it can be flow behavior of body-centered cubic would therefore be inadequate for NDE justified by plant-specific Charpy materials, the model is also supported of the completed weld overlay. The NRC Curves. by numerous LEFM data and 809 EPFM believes that a VT–1 examination alone Code Case N–749 provides acceptance data in the upper shelf region. would not be adequate and that a criteria for flaws in ferritic components While the Tc proposed in Code Case surface or volumetric examination must for conditions when the material N–749 is conservative based on the be performed on the completed weld fracture resistance will be controlled by intersection of the mean curves of the overlay for Class 1 and Class 2 piping upper-shelf toughness behavior. These two sets of data, the NRC believes that socket welds. Fabrication defects, must procedures may be used to accept a flaw actual or bounding properties (on the be dispositioned using the surface or in lieu of the requirements in Section conservative side) should be used volumetric examination criteria of the XI, paragraphs IWB–3610 and IWB– instead of mean material properties for Construction Code identified in the 3620 (which use LEFM to evaluate flaws evaluating flaws detected in a ferritic Repair/Replacement Plan. that exceed limits of Section XI, component using the EPFM approach. The second proposed condition paragraph IWB–3500). Code Case N–749 Further, the NRC’s approach considers would require that a surface or employs EPFM methods (J-integral) and the temperature range for fracture mode volumetric examination be performed if is patterned after the fracture transition between LEFM and EPFM. required by the plant-specific methodology and acceptance criteria Based on the previous discussion, the Construction Code, or that a VT–1 that currently exist in Section XI, NRC proposes to impose a condition on examination be performed after paragraph IWB–3730(b), and Section XI, the use of Code Case N–749 that (1) the completion of the weld overlay. Nonmandatory Appendix K, two equations for Tc be used instead of Paragraph 5(a) of the Code Case requires ‘‘Assessment of Reactor Vessels with Tc as proposed in the Code Case for ‘‘visual and nondestructive examination Upper Shelf Charpy Impact Energy requiring EPFM application when of the final structural overlay weld.’’ In Levels.’’ The Code Case states that the temperature is above Tc, and (2) the two accordance with the requirement in proposed methodology is applicable if equations for Tc1 be used for requiring paragraph 5(a), a surface or volumetric the metal temperature of the component LEFM application when temperature is jstallworth on DSK7TPTVN1PROD with PROPOSALS examination of the completed Class 3 exceeds the upper shelf transition below Tc1. Between Tc1 and Tc, while piping socket weld overlay shall be temperature, Tc, which is defined as nil- the fracture mode is in transition performed if required by the plant- ductility reference temperature (RTNDT) between LEFM and EPFM, users should specific Construction Code. However, plus 105 °F. The justification for this, as consider whether or not it is appropriate where the plant-specific Construction documented in the underlying White to apply the EPFM method. Code does not require a surface or Paper, PVP2012–78190, ‘‘Alternative Alternatively, the licensee may use a volumetric examination of the Class 3 Acceptance Criteria for Flaws in Ferritic different Tc value if it can be justified piping socket weld, it would be Steel Components Operating in the by plant-specific Charpy Curves. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10788 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules Code Case N–754 [Supplement 6, 2010 requirements for the performance of the The NRC reviewed its needs with Edition] preservice and inservice examinations respect to the submittal of the subject Type: New. of OWOLs, with additional plans, schedules, and reports, and Title: Optimized Structural Dissimilar requirements if the ultrasonic determined that it is not necessary to Metal Weld Overlay for Mitigation of examination is qualified for axial flaws. require the submittal of plans and PWR Class 1 Items, Section XI, Division The NRC has not yet approved Code schedules as the latest up-to-date plans 1. Case N–770–2 in the regulations. and schedules are available at the plant The NRC proposes to approve Code However, the NRC has approved Code site and can be requested by the NRC at Case N–754 with three conditions. Code Case N–770–1 with conditions in any time. However, the NRC determined Case N–754 provides requirements for § 50.55a(g)(6)(ii)(F). Accordingly, the that summary reports still need to be installing optimized structural weld second proposed condition on the use of submitted. Summary reports provide overlays (OWOL) on the outside surface Code Case N–754 is that the preservice valuable information regarding of ASME Class 1 heavy-wall, large- and inservice inspections of OWOLs examinations that have been performed, diameter piping composed of ferritic, must satisfy § 50.55a(g)(6)(ii)(F), i.e., conditions noted during the austenitic stainless steel, and nickel meet the provisions of Code Case N– examinations, the corrective actions base alloy materials in PWRs as a 770–1. performed, and the status of the The third proposed condition implementation of the ISI program. mitigation measure where no known addresses a potential implementation Accordingly, the NRC is proposing to defect exists or the defect depth is issue in Code Case N–754 with respect conditionally approve Code Case N–778 limited to 50 percent through wall. The to the deposition of the first layer of to require that licensees continue to upper 25 percent of the original pipe weld metal. The second sentence in submit summary reports in accordance wall thickness is credited as a part of paragraph 1.2(f)(2) states that ‘‘The first with paragraph IWA–6240 of the 2009 the OWOL design in the analyses layer of weld metal deposited may not Addenda of ASME Section XI. performed in support of these repairs. be credited toward the required The two conditions proposed are The technical basis supporting the use thickness, but the presence of this layer modeled on the requirements currently of OWOLs is provided in the Electric shall be considered in the design in paragraph IWA–6240 of the 2009 Power Research Institute (EPRI) analysis requirements in 2(b).’’ The NRC Addenda, Section XI. The requirements Materials Reliability Project (MRP) has found that among licensees there in Section XI do not specify when the Report MRP–169, Revision 1–A entitled, can be various interpretations of the reports are to be submitted to the ‘‘Technical Basis for Preemptive Weld words used in the ASME Code and Code regulatory authority; rather, the Overlays for Alloy 82/182 Butt Welds in Cases. In this instance, the NRC felt the requirements state only that the reports PWRs.’’ By letter dated August 9, 2010 word ‘‘may’’ needed to be changed to shall be completed. The first proposed (ADAMS Accession No. ML101620010), ‘‘shall’’ in the second sentence in condition would require that the the NRC advised the Nuclear Energy paragraph 1.2(f)(2) as a condition for use preservice inspection summary report Institute (NEI) that the NRC staff found of this Code Case. Accordingly, the NRC be submitted before the date of that MRP–169, Revision 1, as revised by is proposing a third condition to clarify placement of the unit into commercial letter dated February 3, 2010, that the first layer shall not be credited service. The second proposed condition adequately described: Methods for the toward the required OWOL thickness would require that the inservice weld overlay design; the supporting unless the chromium content of the first inspection summary report be submitted analyses of the design; the experiments layer is at least 24 percent. within 90 calendar days of the that verified the analyses; and the completion of each refueling outage. inspection requirements of the Code Case N–778 [Supplement 0, 2010 The proposed conditions rely on the dissimilar metal welds to be overlaid. Edition] date of commercial service and the The first proposed condition would Type: New. completion of a refueling outage to require that the conditions imposed on Title: Alternative Requirements for determine when the reports needed to the use of OWOLs contained in the NRC Preparation and Submittal of Inservice be submitted to the regulatory authority. final safety evaluation for MRP–169, Inspection Plans, Schedules, and Revision 1–A, must be satisfied. Preservice and Inservice Summary Code Case N–789 [Supplement 6, 2010 Eighteen limitations and conditions are Reports, Section XI, Division 1. Edition] described in the final safety evaluation The NRC is proposing to approve Type: New. addressing issues such as fatigue crack Code Case N–778 with two conditions. Title: Alternative Requirements for growth rates, piping loads, design life of Section XI, paragraph IWA–1400(d), in Pad Reinforcement of Class 2 and 3 the weld overlay, and reexamination the editions and addenda currently used Moderate-Energy Carbon Steel Piping frequencies. The imposition of the by the operating fleet, require licensees for Raw Water Service, Section XI, conditions in the safety evaluation will to submit plans, schedules, and Division 1. provide reasonable assurance that the preservice and ISI summary reports to The NRC is proposing to approve structural integrity of pipes repaired the enforcement and regulatory Code Case N–789 with two conditions. through the use of weld overlays will be authorities having jurisdiction at the For certain types of degradation, the maintained. plant site. In licensees’ pursuit to Code Case provides requirements for the Code Case N–754 references Code decrease burden, they have alluded to temporary repair of degraded moderate Case N–770–2, ‘‘Alternative the resources associated with the energy Class 2 and Class 3 piping jstallworth on DSK7TPTVN1PROD with PROPOSALS Examination Requirements and requirement to submit the items systems by external application of Acceptance Standards for Class 1 PWR previously listed. Code Case N–778 was welded reinforcement pads. The Code Piping and Vessel Nozzle Butt Welds developed to provide an alternative to Case does not require inservice Fabricated With UNS N06082 or UNS the requirements in the BPV Code in monitoring for the pressure pad. W86182 Weld Filler Material With or that the items previously listed would However, the NRC believes that it is Without Application of Listed only have to be submitted if specifically unacceptable not to monitor the Mitigation Activities, Section XI, required by the regulatory and pressure pad because there may be Division 1,’’ in order to provide ASME enforcement authorities. instances where an unexpected VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10789 corrosion rate may cause the degraded abnormal plant conditions and maintained the view that verification of area in the pipe to expand beyond the alignments. the integrity of the RCPB is a necessary area that is covered by the pressure pad. However, the NRC has a long-standing prerequisite to any nuclear operation of This could lead to the pipe leaking and prohibition against the production of the reactor. may challenge the structural integrity of heat through the use of a critical reactor 2. Hydrotesting must be done the repaired pipe. Therefore, the NRC is core to raise the temperature of the essentially water solid so that stored proposing to approve Code Case N–789 reactor coolant and pressurize the energy in the reactor coolant is with a condition to require a monthly RCPB. A letter dated February 2, 1990, minimized during a hydrotest or visual examination of the installed from James M. Taylor, Executive leaktest. pressure pad for evidence of leakage. Director for Operations, NRC, to Messrs. 3. The elevated reactor coolant The NRC is concerned that the Nicholas S. Reynolds and Daniel F. temperatures associated with critical corrosion rate specified in paragraph Stenger, Nuclear Utility Backfitting and operation result in a severely 3.1(1) of the Code Case may not address Reform Group (ADAMS Accession No. uncomfortable and difficult working certain scenarios. That paragraph would ML14273A002), established the NRC environment in plant spaces where the allow either a corrosion rate of two position with respect to use of a critical system leakage inspections must be times the actual measured corrosion rate reactor core to raise the temperature of conducted. The greatly increased stored at the reinforcement pad installation the reactor coolant and pressurize the energy in the reactor coolant when the location or four times the estimated RCPB. In summary, the NRC’s position reactor is critical increases the hazard to maximum corrosion rate for the system. is that testing under these conditions personnel and equipment in the event of To ensure that a conservative corrosion involves serious impediments to careful a leak, and the elevated temperatures rate is used to provide sufficient margin, and complete inspections, and contribute to increased concerns for the NRC is proposing a second therefore, inherent uncertainty with personnel safety due to burn hazards, condition that would require that the regard to assuring the integrity of the even if there is no leakage. As a result, design of the pressure pad use the reactor coolant pressure boundary. the ability for plant workers to perform higher of the two corrosion rates Further, the practice is not consistent a comprehensive and careful inspection calculated based on the same with basic defense-in-depth safety becomes greatly diminished. degradation mechanism as the degraded principles. With respect to the second condition The NRC’s position established in and adequate pressure test hold time, location. 1990 was reaffirmed in Information the technical analysis supporting Code Code Case N–795 [Supplement 3, 2010 Notice No. 98–13, ‘‘Post-Refueling Case N–795 indicates that the lower test Edition] Outage Reactor Pressure Vessel Leakage pressure provides more than 90 percent Testing Before Core Criticality,’’ dated of the flow that would result from the Type: New. April 20, 1998. The Information Notice pressure corresponding to 100 percent Title: Alternative Requirements for was issued in response to a licensee that BWR Class 1 System Leakage Test power. However, a reduced pressure had conducted an ASME Code, Section means a lower leakage rate so additional Pressure Following Repair/Replacement XI, leakage test of the reactor pressure Activities, Section XI, Division 1. time is required in order for there to be vessel and subsequently discovered that sufficient leakage to be observed by The NRC is proposing to approve it had violated 10 CFR part 50, appendix inspection personnel. Section XI, Code Case N–795 with two conditions. G, that pressure and leak testing before paragraph IWA–5213, ‘‘Test Condition The first condition addresses a the core is taken critical. The Holding Time,’’ does not require a prohibition against the production of Information Notice references NRC holding time for Class 1 components heat through the use of a critical reactor Inspection Report 50–254/97–27, once test pressure is obtained. To core to raise the temperature of the (ADAMS Accession No. ML15216A276) account for the reduced pressure, Code reactor coolant and pressurize the which documents that licensee Case N–795 would require a 15-minute reactor coolant pressure boundary personnel performing VT–2 hold time for non-insulated (RCPB) (sometimes referred to as examinations of drywell at one BWR components. The NRC is proposing a nuclear heat). The second condition plant covered 50 examination areas in one-hour hold time for non-insulated addresses the duration of the hold time 12 minutes, calling into question the components. The NRC does not believe when testing non-insulated components adequacy of the VT–2 examinations. that 15 minutes allows for an adequate to allow potential leakage to manifest The bases for the NRC’s position on examination. itself during the performance of system the first condition are as follows: The NRC is interested in receiving leakage tests. 1. Nuclear operation of a plant should stakeholder feedback on the first Code Case N–795 was intended to not commence before completion of condition of Code Case N–795. What are address concerns that the ASME- system hydrostatic and leakage testing the impacts of this proposed condition required pressure test for boiling water to verify the basic integrity of the RCPB, on the regulated community? Should reactors (BWRs) that places the unit in a principal defense-in-depth barrier to the condition be modified and, if so, a position of significantly reduced the accidental release of fission please provide the basis for such margin, approaching the fracture products. In accordance with the modifications. toughness limits defined in the defense-in-depth safety precept, nuclear Technical Specification Pressure- power plant design provides multiple Code Case N–799 [Supplement 4, 2010 Temperature (P–T) curves, and does not barriers to the accidental release of Edition] jstallworth on DSK7TPTVN1PROD with PROPOSALS allow the setpoint to approach the 100- fission products from the reactor. The Type: New. percent pressure value. The alternative RCPB is one of the principal fission Title: Dissimilar Metal Welds Joining test provided by Code Case N–795 product barriers. Consistent with this Vessel Nozzles to Components, Section would be performed at slightly reduced conservative approach to the protection XI, Division 1. pressures and normal plant conditions, of public health and safety, and the The NRC proposes to approve Code which the NRC believes will constitute critical importance of the RCPB in Case N–799 with six conditions. Code an adequate leak examination and preventing accidental release of fission Case N–799 is a new Code Case would reduce the risk associated with products, the NRC has always developed to provide examination VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10790 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules requirements for the steam generator been demonstrated that reduced volume and a flaw evaluation of the primary nozzle to pump casing coupling and probe lift-off on ‘‘rough’’ largest hypothetical crack that could attachment weld for AP–1000 plants surfaces have the potential to present a exist in the volume not qualified for and dissimilar metal welds joining scattering effect at an interface where an ultrasonic examination. vessel nozzles to pumps used in recent acoustic beam impinges, to redirect and The sixth proposed condition (No. 2e reactor designs (e.g., AP–1000, mode convert some energy which when in the draft RG) is that cracks that are Advanced BWR). Nuclear power plant returned to the probe can be the source detected but cannot be depth-sized with pump casings are typically of spurious signals, or cause flaws to be performance-based procedures, manufactured from cast austenitic mis-characterized or missed altogether. equipment, and personnel qualifications stainless steel (CASS) materials. The Accordingly, the first proposed consistent with Section XI, Appendix NRC is proposing to condition the Code condition would require that the VIII, shall be repaired or removed. Case to address the shortcomings in the scanning surfaces have a gap less than Code Case with respect to requirements 0.032-inch beneath the ultrasonic OM Code Cases (DG–1297/RG 1.192) for ultrasonic examination. testing probe. Gaps greater than 0.032- Code Case OMN–1, Revision 1 [2012 The CASS is an anisotropic and inch must be considered to be Edition] inhomogeneous material. The unexamined unless it can be manufacturing process can result in demonstrated on representative Type: Revised. varied and mixed structures. The large mockups that a Section XI, Appendix Title: Alternative Rules for Preservice size of the anisotropic grains affects the VIII, Supplement 10, demonstration can and Inservice Testing of Active Electric propagation of ultrasound by causing be passed. Motor-Operated Valve Assemblies in severe attenuation, changes in velocity, The second proposed condition (No. Light-Water Reactor Power Plants. and scattering of ultrasonic energy. 2a in the draft RG) is that the The proposed conditions on Code Refraction and reflection of the sound examination requirements of Section XI, Case OMN–1, Revision 1 [2012 Edition] beam occurs at the grain boundaries Mandatory Appendix I, paragraph are identical to the conditions on OMN– which can result in specific volumes of I–3200(c) must be applied. Code Case 1 [2006 Addenda] that were approved material not being examined, or defects N–799 does not contain specific by the NRC in Revision 1 of RG 1.192 being missed or mischaracterized. The requirements regarding examination in October 2014. The reasons for grain structure of the associated techniques. Paragraph I–3200(c) imposing these conditions are not weldments also impacts the contains specific requirements that can addressed by Code Case OMN–1, effectiveness and reliability of the be applied. Revision 1 [2012 Edition] and, therefore, examinations. Accordingly, it is The third proposed condition (No. 2b these conditions would be retained in paramount that robust examination in the draft RG) is that the examination DG–1297/proposed Revision 2 of RG techniques be used. of the dissimilar metal welds between 1.192. Research has been conducted by reactor vessel nozzles and components, several domestic and international and between steam generator nozzles Code Case OMN–3 [2012 Edition] organizations attempting to address the and pumps must be full volume. As Type: Reaffirmed. shortcomings associated with the use of described, the examination of coarse- Title: Requirements for Safety conventional methods for the inspection grained materials is problematic due to Significance Categorization of of CASS materials. The results of a effects such as sound beam redirection Components Using Risk Insights for study at Pacific Northwest National and scattering, and therefore robust Inservice Testing of LWR Power Plants. Laboratory (PNNL) were published in techniques must be used on the full The proposed conditions on Code NUREG/CR–6933, ‘‘Assessment of Crack volume to ensure that flaws are Case OMN–3 [2012 Edition] are Detection in Heavy-Walled Cast detected. The fourth proposed condition (No. identical to the conditions on OMN–3 Stainless Steel Piping Welds Using 2c in the draft RG) is that ultrasonic [2004 Edition] that were approved by Advanced Low-Frequency Ultrasonic Methods’’ (ADAMS Accession No. depth and sizing qualifications for the NRC in Revision 1 of RG 1.192 in ML071020409). The study demonstrated CASS components must use the ASME October 2014. The reasons for imposing that additional measures were required Code requirements in Section XI, these conditions are not addressed by to reliably detect and characterize flaws Appendix VIII, Supplement 10. Code Case OMN–3 [2012 Edition] and, in CASS materials and their associated Supplement 10 contains qualification therefore, these conditions would be weldments. requirements for dissimilar metal welds, retained in DG–1297/proposed Revision Performance demonstration and the use of these requirements will 2 of RG 1.192. requirements for CASS components and ensure that robust techniques are Code Case OMN–4 [2012 Edition] associated weldments have not yet been applied. developed by the industry. To ensure The fifth proposed condition (No. 2d Type: Reaffirmed. that effective and reliable examinations in the draft RG) addresses the Title: Requirements for Risk Insights are performed, the NRC is proposing the examination of thick-walled for Inservice Testing of Check Valves at following six conditions on the Code components with wall thicknesses LWR Power Plants. Case. beyond the crack detection and sizing The proposed conditions on Code The first proposed condition capabilities of a through-wall ultrasonic Case OMN–4 [2012 Edition] are addresses the gap between the probe performance-based qualification. As identical to the conditions on OMN–4 jstallworth on DSK7TPTVN1PROD with PROPOSALS and component surface. Industry previously indicated, ASME Code rules [2004 Edition] that were approved by experience shows that effective have not yet been developed for the the NRC in Revision 1 of RG 1.192 in ultrasonic examinations depend to a performance demonstration for CASS October 2014. The reasons for imposing great extent on limiting the gap between components and associated weldments. these conditions are not addressed by the probe and component surface to less Accordingly, the fifth proposed Code Case OMN–4 [2012 Edition] and, than 0.032-inch. The BPV Code does not condition will require the examination’s therefore, these conditions would be have any requirements with respect to acceptability to be based on an retained in DG–1297/proposed Revision surface smoothness and waviness. It has ultrasonic examination of the qualified 2 of RG 1.192. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10791 Code Case OMN–9 [2012 Edition] test to be within 20 percent of pump 18 for the pump instrumentation and Type: Reaffirmed. design flow, while the reference value the conditions in RG 1.192 for the test Title: Use of a Pump Curve for for a Group A test needs to be within 20 ranges will provide reasonable Testing. percent of the pump design flow if assurance of the operational readiness of The proposed conditions on Code practicable. The biennial these pumps as an acceptable Case OMN–9 [2012 Edition] are comprehensive test was developed (first alternative to the comprehensive pump identical to the conditions on OMN–9 appeared in the 1995 Edition of the OM test provisions in the ASME OM Code. [2004 Edition] that were approved by Code) because pump performance Code Case OMN–19 [2012 Edition] the NRC in Revision 1 of RG 1.192 in concerns demonstrated that more October 2014. The reasons for imposing stringent periodic testing was needed at Type: Reaffirmed. a flow rate within a more reasonable Title: Alternative Upper Limit for the these conditions are not addressed by range of the pump design flow rate than Comprehensive Pump Test. Code Case OMN–9 [2012 Edition] and, A requirement for a periodic pump therefore, these conditions would be typically performed during pump inservice testing in the past. verification test was added in retained in DG–1297/proposed Revision Mandatory Appendix V, ‘‘Pump 2 of RG 1.192. Currently when performing either the quarterly Group A test or the biennial Periodic Verification Test Program,’’ to Code Case OMN–12 [2012 Edition] comprehensive pump test, licensees the 2012 Edition of the OM Code. The must comply with certain limits for the mandatory appendix is based on the Type: Reaffirmed. Title: Alternative Requirements for flow Acceptable Range, the flow determination by the ASME that a pump Inservice Testing Using Risk Insights for Required Action Range, the differential periodic verification test is needed to Pneumatically and Hydraulically pressure (or discharge pressure) verify that a pump can meet the Operated Valve Assemblies in Light- Acceptable Range, and the differential required (differential or discharge) Water Reactor Power Plants (OM–Code pressure (or discharge pressure) pressure as applicable, at its highest 1998, Subsection ISTC). Required Action Range. The limits for design basis accident flow rate. Code The proposed conditions on Code the quarterly Group A test are obtained Case OMN–19, 2012 Edition, would Case OMN–12 [2012 Edition] are by using a factor of 1.10 times the flow allow an applicant or licensee to use a identical to the conditions on OMN–12 reference value (Qr) or the differential or multiplier of 1.06 times the reference [2004 Edition] that were approved by discharge pressure reference value (DPr value in lieu of the 1.03 multiplier for the NRC in Revision 1 of RG 1.192 in or Pr) as applicable to the pump type. the comprehensive pump test’s upper October 2014. The reasons for imposing The limits for the biennial ‘‘Acceptable Range’’ criteria and these conditions are not addressed by comprehensive pump test are obtained ‘‘Required Action Range, High’’ criteria Code Case OMN–12 [2012 Edition] and, by using the factor of 1.03 times Qr or reference in the ISTB test acceptance therefore, these conditions would be DPr (or Pr) as applicable to the pump criteria tables. The NRC is concerned retained in DG–1297/proposed Revision type, providing more restrictive test that Code Case OMN–19 does not 2 of RG 1.192. ranges and higher quality data. address the periodic pump verification Code Case OMN–18, 2012 Edition, test. Therefore, the NRC proposes to Code Case OMN–16, Revision 1 [2012 would remove the Code requirement to approve Code Case OMN–19, 2012 Edition] perform biennial comprehensive pump Edition, with the condition that the Type: Revised. where the quarterly Group A pump test provisions in paragraph ISTB–1400 and Title: Use of a Pump Curve for is performed within ±20 percent of the Mandatory Appendix V be applied Testing. pump design flow rate with instruments when implementing the Code Case. Code Case OMN–16, 2006 Addenda, having the ability to obtain the C. ASME Code Cases Not Approved for was approved by the NRC in Regulatory accuracies required for the Use (DG–1298/RG 1.193) Guide 1.192, Revision 1. With respect to comprehensive pump test. The NRC Code Case OMN–16, Revision 1, 2012 considers the performance of a quarterly The ASME Code Cases that are Edition, there was an editorial error in Group A pump test at flow within ±20 currently issued by the ASME but not the publishing of this Code Case and percent of the pump design flow rate to approved for generic use by the NRC are Figure 1 from the original Code Case satisfy the intent of the biennial listed in RG 1.193, ‘‘ASME Code Cases (i.e., Rev. 0, 2006 Addenda) was comprehensive pump test with the not Approved for Use.’’ In addition to omitted. Accordingly, the NRC proposes exception that the test acceptable ranges ASME Code Cases that the NRC has to conditionally approve OMN–16, and required action ranges are less found to be technically or Revision 1, to require that Figure 1 from precise than required for the programmatically unacceptable, RG the original Code Case be used when comprehensive test. Therefore, the NRC 1.193 includes Code Cases on reactor implementing OMN–16, Revision 1. is proposing to conditionally approve designs for high-temperature gas-cooled Code Case OMN–18, 2012 Edition, to reactors and liquid metal reactors, Code Case OMN–18 [2012 Edition] specify the use of a factor of 1.06 for the reactor designs not currently licensed by Type: Reaffirmed. Group A test parameters. The NRC the NRC, and certain requirements in Title: Alternate Testing Requirements considers that the factor of 1.06 will Section III, Division 2, for submerged for Pumps Tested Quarterly Within provide a reasonable test range when spent fuel waste casks, that are not ±20% of Design Flow. applying Code Case OMN–18 to Group endorsed by the NRC. Regulatory Guide The ASME OM Code defines Group A A pumps tested quarterly within ±20 1.193 complements RGs 1.84, 1.147, and jstallworth on DSK7TPTVN1PROD with PROPOSALS pumps as those pumps that are operated percent of the pump design flow rate 1.192. It should be noted that the NRC continuously or routinely during normal that is not as restrictive as the test is not proposing to adopt any of the operation, cold shutdown, or refueling ranges specified in the ASME OM Code Code Cases listed in RG 1.193. operations. The OM Code specifies that for the comprehensive test. The NRC Comments have been submitted in the each Group A pump undergo a Group A believes that the quarterly Group A test past, however, on certain Code Cases test quarterly and comprehensive test for pumps within ±20 percent of the listed in RG 1.193 where the commenter biennially. The OM Code requires that pump design flow rate combined with believed that additional technical the reference value for a comprehensive the provisions in the Code Case OMN– information was available that might not VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10792 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules have been considered by the NRC in its commitments. The Code Cases listed in version incorporated by reference into determination not to approve the use of the RGs are acceptable for use within § 50.55a and listed in the RGs. these Code Cases. While the NRC will the limits specified in the Code Cases. The ASME may annul Code Cases that consider those comments, NRC is not If the RG states an NRC condition on the are no longer required, are determined requesting comment on RG 1.193 at this use of a Code Case, then the NRC to be inaccurate or inadequate, or have time. Any changes in the NRC’s non- condition supplements and does not been incorporated into the BPV or OM approval of such Code Cases will be the supersede any condition(s) specified in Codes. If an applicant or a licensee subject of an additional opportunity for the Code Case, unless otherwise stated applied a Code Case before it was listed public comment. in the NRC condition. as annulled, the applicant or the The ASME Code Cases may be revised licensee may continue to use the Code IV. Section-by-Section Analysis Case until the applicant or the licensee for many reasons (e.g., to incorporate The following paragraphs in § 50.55a, operational examination and testing updates its construction Code of Record which list the three RGs that would be experience and to update material (in the case of an applicant, updates its incorporated by reference, would be requirements based on research results). application) or until the licensee’s 120- revised as follows: On occasion, an inaccuracy in an month ISI or IST update interval Paragraphs (a)(3)(i): The reference to equation is discovered or an expires, after which the continued use ‘‘NRC Regulatory Guide 1.84, Revision examination, as practiced, is found not of the Code Case is prohibited unless 36,’’ would be amended to remove to be adequate to detect a newly NRC authorization is given under ‘‘Revision 36’’ and add in its place discovered degradation mechanism. § 50.55a(z). If a Code Case is ‘‘Revision 37.’’ Hence, when an applicant or a licensee incorporated by reference into § 50.55a Paragraphs (a)(3)(ii): The reference to initially implements a Code Case, and later annulled by the ASME because ‘‘NRC Regulatory Guide 1.147, Revision § 50.55a requires that the applicant or experience has shown that the design 17,’’ would be amended to remove the licensee implement the most recent analysis, construction method, ‘‘Revision 17’’ and add in its place version of that Code Case as listed in the examination method, or testing method ‘‘Revision 18.’’ RGs incorporated by reference. Code is inadequate, the NRC will amend Paragraphs (a)(3)(iii): The reference to § 50.55a and the relevant RG to remove Cases superseded by revision are no ‘‘NRC Regulatory Guide 1.192, Revision the approval of the annulled Code Case. longer acceptable for new applications 1,’’ would be amended to remove Applicants and licensees should not unless otherwise indicated. ‘‘Revision 1’’ and add in its place begin to implement such annulled Code ‘‘Revision 2.’’ Section III of the ASME BPV Code Cases in advance of the rulemaking. Cross-references to the applies only to new construction (i.e., A Code Case may be revised, for aforementioned Regulatory Guides, the edition and addenda to be used in example, to incorporate user experience. which are listed within § 50.55a, are the construction of a plant are selected The older or superseded version of the being revised in a proposed rule based on the date of the construction Code Case cannot be applied by the entitled, ‘‘Incorporation by Reference of permit and are not changed thereafter, licensee or applicant for the first time. American Society of Mechanical except voluntarily by the applicant or If an applicant or a licensee applied Engineers Codes and Code Cases’’ (RIN the licensee). Hence, if a Section III a Code Case before it was listed as 3150–AI97; NRC–2011–0088); Code Case is implemented by an superseded, the applicant or the anticipated to become effective before applicant or a licensee and a later licensee may continue to use the Code this rule, if enacted. version of the Code Case is incorporated Case until the applicant or the licensee This proposed administrative change by reference into § 50.55a and listed in updates its construction Code of Record would simplify cross-referencing the the RGs, the applicant or the licensee (in the case of an applicant, updates its Regulatory Guides incorporated by may use either version of the Code Case application) or until the licensee’s 120- reference in § 50.55a. (subject, however, to whatever change month ISI or IST update interval requirements apply to its licensing basis expires, after which the continued use Overall Considerations on the Use of (e.g., § 50.59)). of the Code Case is prohibited unless ASME Code Cases A licensee’s ISI and IST programs NRC authorization is given under This rulemaking would amend must be updated every 10 years to the § 50.55a(z). If a Code Case is § 50.55a to incorporate by reference RG latest edition and addenda of Section XI incorporated by reference into § 50.55a 1.84, Revision 37, which would and the OM Code, respectively, that and later a revised version is issued by supersede Revision 36; RG 1.147, were incorporated by reference into the ASME because experience has Revision 18, which would supersede § 50.55a and in effect 12 months prior shown that the design analysis, Revision 17; and RG 1.192, Revision 2, to the start of the next inspection and construction method, examination which would supersede Revision 1. The testing interval. Licensees who were method, or testing method is following general guidance applies to using a Code Case prior to the effective inadequate; the NRC will amend the use of the ASME Code Cases date of its revision may continue to use § 50.55a and the relevant RG to remove approved in the latest versions of the the previous version for the remainder the approval of the superseded Code RGs that are incorporated by reference of the 120-month ISI or IST interval. Case. Applicants and licensees should into § 50.55a as part of this rulemaking. This relieves licensees of the burden of not begin to implement such superseded The approval of a Code Case in the having to update their ISI or IST Code Cases in advance of the NRC RGs constitutes acceptance of its program each time a Code Case is rulemaking. jstallworth on DSK7TPTVN1PROD with PROPOSALS technical position for applications that revised by the ASME and approved for are not precluded by regulatory or other use by the NRC. Code Cases apply to V. Regulatory Flexibility Certification requirements or by the specific editions and addenda, and Code As required by the Regulatory recommendations in these or other RGs. Cases may be revised if they are no Flexibility Act of 1980, 5 U.S.C. 605(b), The applicant and/or licensee are longer accurate or adequate, so licensees the Commission certifies that this rule, responsible for ensuring that use of the choosing to continue using a Code Case if adopted, will not have a significant Code Case does not conflict with during the subsequent ISI or IST economic impact on a substantial regulatory requirements or licensee interval must implement the latest number of small entities. This proposed VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10793 rule affects only the licensing and these reasons, the NRC finds that this regard to the material to be incorporated operation of nuclear power plants. The proposed rule does not involve any by reference in an NRC rule: companies that own these plants do not provisions requiring the preparation of • Individuals and small entities fall within the scope of the definition of a backfit analysis or documentation regulated or otherwise subject to the ‘‘small entities’’ set forth in the demonstrating that one or more of the NRC’s regulatory oversight. This class Regulatory Flexibility Act or the size issue finality criteria in 10 CFR part 52 includes applicants and potential standards established by the NRC (10 are met. applicants for licenses and other NRC CFR 2.810). regulatory approvals, and who are VIII. Plain Writing VI. Regulatory Analysis subject to the material to be The Plain Writing Act of 2010 (Pub. incorporated by reference. In this The ASME Code Cases listed in the L. 111–274) requires Federal agencies to write documents in a clear, concise, and context, ‘‘small entities’’ has the same RGs to be incorporated by reference provide voluntary alternatives to the well-organized manner. The NRC has meaning as set out in § 2.810. provisions in the ASME BPV and OM written this document to be consistent • Large entities otherwise subject to Codes for design, construction, ISI, and with the Plain Writing Act as well as the the NRC’s regulatory oversight. This IST of specific structures, systems, and Presidential Memorandum, ‘‘Plain class includes applicants and potential components used in nuclear power Language in Government Writing,’’ applicants for licenses and other NRC plants. Implementation of these Code published June 10, 1998 (63 FR 31883). regulatory approvals, and who are Cases is not required. Licensees and The NRC requests comment on this subject to the material to be applicants use NRC-approved ASME document with respect to the clarity and incorporated by reference. In this Code Cases to reduce unnecessary effectiveness of the language used. context, a ‘‘large entity’’ is one which regulatory burden or gain additional does not qualify as a ‘‘small entity’’ IX. Incorporation by Reference— under § 2.810. operational flexibility. It would be Reasonable Availability to Interested difficult for the NRC to provide these Parties • Non-governmental organizations advantages independently of the ASME with institutional interests in the Code Case publication process without The NRC proposes to incorporate by matters regulated by the NRC. expending considerable additional reference three NRC Regulatory Guides that list new and revised ASME Code • Other Federal agencies, states, local resources. Cases that NRC has approved as governmental bodies (within the The NRC has prepared a draft alternatives to certain provisions of meaning of § 2.315(c)). regulatory analysis addressing the quantitative and qualitative benefits of NRC-required Editions and Addenda of • Federally-recognized and State- the alternatives considered in this the ASME BPV Code and the ASME OM recognized Indian tribes. proposed rulemaking and comparing the Code. The draft regulatory guides DG– • Members of the general public (i.e., costs associated with each alternative. 1295, DG–1296, and DG–1297 will individual, unaffiliated members of the The draft regulatory analysis can be correspond to final Regulatory Guide public who are not regulated or found in ADAMS under accession No. (RG) 1.84, Revision 37; RG 1.147, otherwise subject to the NRC’s ML15041A816 and at Revision 18; and RG 1.192, Revision 2, regulatory oversight) and who need www.regulations.gov under Docket ID respectively. access to the materials that the NRC NRC–2012–0059. The NRC invites The NRC is required by law to obtain proposes to incorporate by reference in public comment on this draft regulatory approval for incorporation by reference order to participate in the rulemaking. analysis. from the Office of the Federal Register (OFR). The OFR’s requirements for The three draft regulatory guides that In addition to the general opportunity the NRC proposes to incorporate by to submit comments on the proposed incorporation by reference are set forth in 1 CFR part 51. On November 7, 2014, reference in this proposed rule, are rule, the NRC also requests comments available without cost and can be read on the NRC’s cost and benefit estimates the OFR adopted changes to its regulations governing incorporation by online, downloaded, or viewed, by as shown in the draft regulatory appointment, at the NRC Technical analysis. reference (79 FR 66267). The OFR regulations require an agency to include Library, which is located at Two White VII. Backfitting and Issue Finality in a proposed rule a discussion of the Flint North, 11545 Rockville Pike, The provisions in this proposed rule ways that the materials the agency Rockville, Maryland 20852; telephone: would allow licensees and applicants to proposes to incorporate by reference are 301–415–7000; email: voluntarily apply NRC-approved Code reasonably available to interested Library.Resource@nrc.gov. The final Cases, sometimes with NRC-specified parties or how it worked to make those regulatory guides, if approved by the conditions. The approved Code Cases materials reasonably available to OFR for incorporation by reference, will are listed in three RGs that are proposed interested parties. The discussion in this also be available for inspection at the to be incorporated by reference into section complies with the requirement OFR, as described in § 50.55a(a). § 50.55a. for proposed rules as set forth in 1 CFR Because access to the three draft An applicant’s or a licensee’s 51.5(a)(1). regulatory guides, and eventually, the voluntary application of an approved The NRC considers ‘‘interested final regulatory guides, are available in Code Case does not constitute parties’’ to include all potential NRC various forms and no cost, the NRC backfitting, inasmuch as there is no stakeholders, not only the individuals determines that the three draft jstallworth on DSK7TPTVN1PROD with PROPOSALS imposition of a new requirement or new and entities regulated or otherwise regulatory guides, DG–1295, DG–1296, position. Similarly, voluntary subject to the NRC’s regulatory and DG–1297, and final regulatory application of an approved Code Case oversight. These NRC stakeholders are guides 1.84, Revision 37; RG 1.147, by a 10 CFR part 52 applicant or not a homogenous group, so the Revision 18; and RG 1.192, Revision 2, licensee does not represent NRC considerations for determining once approved by the OFR for imposition of a requirement or action, ‘‘reasonable availability’’ vary by class incorporation by reference, are which is inconsistent with any issue of interested parties. The NRC identifies reasonably available to all interested finality provision in 10 CFR part 52. For six classes of interested parties with parties. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10794 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules X. Environmental Assessment and The estimated number of annual 0001 or to Vlad Dorjets, Desk Officer, Proposed Finding of No Significant respondents: 38. Office of Information and Regulatory Environmental Impact An estimate of the total number of Affairs (3150–0011), NEOB–10202, The Commission has determined hours needed annually to complete the Office of Management and Budget, under the National Environmental requirement or request: ¥14,440 hours Washington, DC 20503; telephone: 202– Policy Act (NEPA) of 1969, as amended, (reduction of reporting hours.) 395–7315, email: oira_submission@ and the Commission’s regulations in Abstract: This proposed rule is the omb.eop.gov. subpart A of 10 CFR part 51, that this latest in a series of rulemakings that Submit comments by April 1, 2016. rule, if adopted, would not be a major incorporate by reference the latest Comments received after this date will Federal action significantly affecting the versions of several Regulatory Guides be considered if it is practical to do so, quality of the human environment; identifying new and revised but the NRC staff is able to ensure therefore, an environmental impact unconditionally or conditionally consideration only for comments statement is not required. acceptable ASME Code Cases that are received on or before this date. The determination of this approved for use. The incorporation by reference of these Code Cases will Public Protection Notification environmental assessment is that there will be no significant effect on the reduce the number of alternative The NRC may not conduct or sponsor, quality of the human environment from requests submitted by licensees under and a person is not required to respond this action. Interested parties should § 50.55a(z) by an estimated 38 requests to, a request for information or an note, however, that comments on any annually. information collection requirement aspect of this environmental assessment The NRC is seeking public comment unless the requesting document may be submitted to the NRC as on the potential impact of the displays a currently valid OMB control indicated under the ADDRESSES section. information collections contained in number. As alternatives to the ASME Code, this proposed rule and on the following NRC-approved Code Cases provide an issues: XII. Voluntary Consensus Standards equivalent level of safety. Therefore, the 1. Is the proposed information collection necessary for the proper The National Technology Transfer probability or consequences of accidents and Advancement Act of 1995, Public is not changed. There are also no performance of the functions of the NRC, including whether the information Law 104–113, requires that Federal significant, non-radiological impacts agencies use technical standards that are associated with this action because no will have practical utility? 2. Is the estimate of the burden of the developed or adopted by voluntary changes would be made affecting non- consensus standards bodies unless radiological plant effluents and because proposed information collection accurate? using such a standard is inconsistent no changes would be made in activities with applicable law or is otherwise that would adversely affect the 3. Is there a way to enhance the quality, utility, and clarity of the impractical. In this proposed rule, the environment. The determination of this NRC is continuing to use ASME BPV environmental assessment is that there information to be collected? 4. How can the burden of the and OM Code Cases, which are ASME- will be no significant offsite impact to approved alternatives to compliance the public from this action. proposed information collection on respondents be minimized, including with various provisions of the ASME XI. Paperwork Reduction Act the use of automated collection BPV and OM Codes. The NRC’s Statement techniques or other forms of information approval of the ASME Code Cases is technology? accomplished by amending the NRC’s This proposed rule contains new or A copy of the OMB clearance package regulations to incorporate by reference amended information collection and proposed rule is available in the latest revisions of the following, requirements that are subject to the ADAMS under Accession No. which are the subject of this Paperwork Reduction Act of 1995 (44 ML15041A817 or may be viewed free of rulemaking, into § 50.55a: RG 1.84, U.S.C. 3501 et seq.). This proposed rule charge at the NRC’s PDR, One White Revision 37; RG 1.147, Revision 18; and has been submitted to the Office of Flint North, 11555 Rockville Pike, Room RG 1.192, Revision 2. These RGs list the Management and Budget (OMB) for O–1 F21, Rockville, MD 20852. You ASME Code Cases that the NRC has approval of the information collection may obtain information and comment approved for use. The ASME Code requirements. submissions related to the OMB Cases are national consensus standards Type of submission, new or revision: clearance package by searching on http: as defined in the National Technology Revision. The title of the information collection: //www.regulations.gov under Docket ID Transfer and Advancement Act of 1995 Domestic Licensing of Production and NRC–2012–0059. and OMB Circular A–119. The ASME Utilization. You may submit comments on any Code Cases constitute voluntary Facilities: Updates to Incorporation by aspect of these proposed information consensus standards, in which all Reference and Regulatory Guides. collections, including suggestions for interested parties (including the NRC The form number if applicable: Not reducing the burden and on the four and licensees of nuclear power plants) applicable. issues, by the following methods: participate. The NRC invites comment How often the collection is required: • Federal rulemaking Web site: Go to on the applicability and use of other On occasion. http://www.regulations.gov and search standards. jstallworth on DSK7TPTVN1PROD with PROPOSALS Who will be required or asked to for Docket ID NRC–2012–0059. XIII. Availability of Documents report: Operating power reactor • Mail comments to: FOIA, Privacy, licensees and applicants for power and Information Collections Branch, The documents identified in the reactors under construction. Office of Information Services, Mail following table are available to An estimate of the number of annual Stop: T–5 F53, U.S. Nuclear Regulatory interested persons through one or more responses: ¥38. Commission, Washington, DC 20555– of the following methods, as indicated. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10795 TABLE III—RULEMAKING RELATED DOCUMENTS ADAMS Accession No./Federal Register Document title citation/web link Federal Register Document—‘‘Incorporation by Reference of American Society of Mechanical 80 FR 56820. Engineers Codes and Code Cases,’’ September 18, 2015. Federal Register Document—‘‘Incorporation by Reference of ASME BPV and OM Code 68 FR 40469. Cases,’’ July 8, 2003. Federal Register Document—‘‘Fracture Toughness Requirements for Light Water Reactor 60 FR 65456. Pressure Vessels,’’ December 19, 1995. Information Notice No. 98–13, ‘‘Post-Refueling Outage Reactor Pressure Vessel Leakage Test- ML031050237. ing Before Core Criticality, April 20, 1998. Inspection Report 50–254/97–27 .................................................................................................... ML15216A276. Letter from James M. Taylor, Executive Director for Operations, NRC, to Messrs. Nicholas S. ML14273A002. Reynolds and Daniel F. Stenger, Nuclear Utility Backfitting and Reform Group, February 2, 1990. Materials Reliability Project Report MRP–169 Technical Basis for Preemptive Weld Overlays ML101620010. for Alloy 82/182 Butt Welds in PWRs, EPRI, Palo Alto, CA: 2012. 1025295. NUREG/CR–6933, ‘‘Assessment of Crack Detection in Heavy-Walled Cast Stainless Steel Pip- ML071020409. ing Welds Using Advanced Low-Frequency Ultrasonic Methods’’. Proposed Rule—Federal Register Document ............................................................................... ML15041A813. Proposed Rule—Regulatory Analysis ............................................................................................. ML15041A816. RG 1.193, ‘‘ASME Code Cases Not Approved for Use,’’ Revision 5. (DG–1298) ......................... ML15028A003. White Paper, PVP2012–78190, ‘‘Alternative Acceptance Criteria for Flaws in Ferritic Steel http://pro- Components Operating in the Upper Shelf Temperature Range,’’ 2012. ceedings.asmedigitalcollection.asme.org/pro- ceeding.aspx?articleid=1723450. White Paper PVP 2015–45307, ‘‘Options for Defining the Upper Shelf Transition Temperature http://proceedings.asmedigitalcollec- (Tc) for Ferritic Pressure Vessel Steels,’’ 2015. tion.asme.org/solr/searchresults.aspx?q= Options%20for%20Defining %20the%20Upper%20Shelf%20Transition% 20Temperature%20(Tc)%20for%20Ferritic %20Pressure%20Vessel%. Documents Proposed To Be methods described in the ADDRESSES Incorporated by Reference section of this document. You may submit comments on the draft regulatory guidance by the TABLE IV—DRAFT REGULATORY GUIDES PROPOSED TO BE INCORPORATED BY REFERENCE IN 10 CFR 50.55A ADAMS Document title Accession No. RG 1.84, ‘‘Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,’’ Revision 37. (DG–1295) ................ ML15027A002. RG 1.147, ‘‘Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,’’ Revision 18. (DG–1296) ................... ML15027A202. RG 1.192, ‘‘Operation and Maintenance Code Case Acceptability, ASME OM Code,’’ Revision 2. (DG–1297) ........................... ML15027A330. Throughout the development of this provisions of the ASME BPV Code, as regulatory guides that the NRC is rule, the NRC may post documents set forth in TABLE V, are being made proposing to incorporate by reference related to this rule, including public available by the ASME for read-only into § 50.55a. It is the NRC’s position comments, on the Federal rulemaking access during the public comment that the listed Code Cases, as modified Web site at: http://www.regulations.gov period at the ASME Web site http:// by any conditions contained in the three under Docket ID NRC–2012–0059. The go.asme.org/NRC. RGs and therefore serving as alternatives Federal rulemaking Web site allows you The ASME OM Code Cases that the to requirements in § 50.55a, are legally- to receive alerts when changes or NRC is proposing to approve as binding regulatory requirements. The additions occur in a docket folder. To alternatives to certain provisions of the listed Code Case and any conditions subscribe: (1) Navigate to the docket ASME OM Code, as set forth in TABLE must be complied with if the applicant folder (NRC–2012–0059); (2) click the V, are being made available for read- or licensee is to be within the scope of ‘‘Sign up for Email Alerts’’ link; and (3) only access during the public comment the NRC’s approval of the Code Case as enter your email address and select how period by the ASME at the Web site a voluntary alternative for use. These jstallworth on DSK7TPTVN1PROD with PROPOSALS frequently you would like to receive http://go.asme.org/NRC. requirements cannot be fully emails (daily, weekly, or monthly). The ASME is making the Code Cases understood without knowledge of the listed in TABLE V available for limited, Code Case to which the proposed Code Cases for Approval in This read-only access at the request of the condition applies, and to this end, the Proposed Rulemaking NRC. The NRC believes that NRC has requested that ASME provide The ASME BPV Code Cases: Nuclear stakeholders need to be able to read limited, read-only access to the Code Components that the NRC is proposing these Code Cases in order to provide Cases in order to facilitate meaningful to approve as alternatives to certain meaningful comment on the three public comment. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10796 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules TABLE V—ASME CODE CASES PROPOSED FOR NRC APPROVAL Code Case No. Supplement Title Boiler and Pressure Vessel Code Section III N–284–3 .......................................... 7 (10 Edition) ................................. Metal Containment Shell Buckling Design Methods, Class MC, TC, and SC Construction, Section III, Divisions 1 and 3. N–500–4 .......................................... 8 (10 Edition) ................................. Alternative Rules for Standard Supports for Classes 1, 2, 3, and MC, Section III, Division 1. N–520–5 .......................................... 10 (10 Edition) ............................... Alternative Rules for Renewal of Active or Expired N-type Certificates for Plants Not in Active Construction, Section III, Division 1. N–594–1 .......................................... 8 (10 Edition) ................................. Repairs to P–4 and P–5A Castings without Postweld Heat Treatment Class 1, 2, and 3 Construction, Section III, Division 1. N–637–1 .......................................... 3 (10 Edition) ................................. Use of 44Fe-25Ni-21Cr-Mo (Alloy UNS N08904) Plate, Bar, Fittings, Welded Pipe, and Welded Tube, Classes 2 and 3, Section III, Divi- sion 1. N–655–2 .......................................... 4 (10 Edition) ................................. Use of SA–738, Grade B, for Metal Containment Vessels, Class MC, Section III, Division 1. N–763 .............................................. 2 (10 Edition) ................................. ASTM A 709–06, Grade HPS 70W (HPS 485W) Plate Material With- out Postweld Heat Treatment as Containment Liner Material or Structural Attachments to the Containment Liner, Section III, Divi- sion 2. N–777 .............................................. 4 (10 Edition) ................................. Calibration of Cv Impact Test Machines, Section III, Divisions 1, 2, and 3. N–785 .............................................. 11 (07 Edition) ............................... Use of SA–479/SA–479M, UNS S41500 for Class 1 Welded Con- struction, Section III, Division 1. N–811 .............................................. 7 (10 Edition) ................................. Alternative Qualification Requirements for Concrete Level III Inspec- tion Personnel, Section III, Division 2. N–815 .............................................. 8 (10 Edition) ................................. Use of SA–358/SA–358M Grades Fabricated as Class 3 or Class 4 Welded Pipe, Class CS Core Support Construction, Section III, Di- vision 1. N–816 .............................................. 8 (10 Edition) ................................. Use of Temper Bead Weld Repair Rules Adopted in 2010 Edition and Earlier Editions, Section III, Division 1. N–817 .............................................. 8 (10 Edition) ................................. Use of Die Forgings, SB–247, UNS A96061 Class T6, With Thick- ness ≤ 4.000 in. Material, Class 2 Construction (1992 Edition or Later), Section III, Division 1. N–819 .............................................. 8 (10 Edition) ................................. Use of Die Forgings, SB–247, UNS A96061 Class T6, With Thick- ness ≤ 4.000 in. Material, Class 2 Construction (1989 Edition with the 1991 Addenda or Earlier), Section III, Division 1. N–822 .............................................. 8 (10 Edition) ................................. Application of the ASME Certification Mark, Section III, Divisions 1, 2, 3, and 5. Boiler and Pressure Vessel Code Section XI N–552–1 .......................................... 10 (10 Edition) ............................... Alternative Methods—Qualification for Nozzle Inside Radius Section from the Outside Surface, Section XI, Division 1. N–576–2 .......................................... 9 (10 Edition) ................................. Repair of Class 1 and 2 SB–163, UNS N06600 Steam Generator Tubing, Section XI, Division 1. N–593–2 .......................................... 8 (10 Edition) ................................. Examination Requirements for Steam Generator Nozzle-to-Vessel Welds, Section XI, Division 1. N–609–1 .......................................... 3 (10 Edition) ................................. Alternative Requirements to Stress-Based Selection Criteria for Cat- egory B–J Welds, Section XI, Division 1. N–613–2 .......................................... 4 (10 Edition) ................................. Ultrasonic Examination of Full Penetration Nozzles in Vessels, Exam- ination Category B–D, Reactor Nozzle-To-Vessel Welds, and Noz- zle Inside Radius Section Figs. IWB–2500–7(a), (b), (c), and (d), Section XI, Division 1. N–638–6 .......................................... 6 (10 Edition) ................................. Similar and Dissimilar Metal Welding Using Ambient Temperature Machine GTAW Temper Bead Technique, Section XI, Division 1. N–652–2 .......................................... 9 (10 Edition) ................................. Alternative Requirements to Categorize B–G–1, B–G–2, and C–D Bolting Examination Methods and Selection Criteria, Section XI, Di- vision 1. N–653–1 .......................................... 9 (10 Edition) ................................. Qualification Requirements for Full Structural Overlaid Wrought Aus- tenitic Piping Welds, Section XI, Division 1. N–662–1 .......................................... 6 (10 Edition) ................................. Alternative Repair/Replacement Requirements for Items Classified in Accordance with Risk-Informed Processes, Section XI, Division 1. N–666–1 .......................................... 9 (10 Edition) ................................. Weld Overlay of Classes 1, 2, and 3 Socket Welded Connections, jstallworth on DSK7TPTVN1PROD with PROPOSALS Section XI, Division 1. N–694–2 7 ........................................ 1 (13 Edition) ................................. Evaluation Procedure and Acceptance Criteria for [pressurized water reactors] (PWR) Reactor Vessel Head Penetration Nozzles, Sec- tion XI, Division 1. N–730–1 .......................................... 10 (10 Edition) ............................... Roll Expansion of Class 1 Control Rod Drive Bottom Head Penetra- tions in BWRs, Section XI, Division 1. N–749 .............................................. 9 (10 Edition) ................................. Alternative Acceptance Criteria for Flaws in Ferritic Steel Compo- nents Operating in the Upper Shelf Temperature Range, Section XI, Division 1. 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Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules 10797 TABLE V—ASME CODE CASES PROPOSED FOR NRC APPROVAL—Continued Code Case No. Supplement Title N–754 .............................................. 6 (10 Edition) ................................. Optimized Structural Dissimilar Metal Weld Overlay for Mitigation of PWR Class 1 Items, Section XI, Division 1. N–769–2 .......................................... 10 (10 Edition) ............................... Roll Expansion of Class 1 In-Core Housing Bottom Head Penetra- tions in BWRs, Section XI, Division 1. N–771 .............................................. 7 (10 Edition) ................................. Alternative Requirements for Additional Examinations of Class 2 or 3 Items, Section XI, Division 1. N–775 .............................................. 2 (10 Edition) ................................. Alternative Requirements for Bolting Affected by Borated Water Leak- age, Section XI, Division 1. N–776 .............................................. 1 (10 Edition) ................................. Alternative to IWA–5244 Requirements for Buried Piping, Section XI, Division 1. N–778 .............................................. 6 (10 Edition) ................................. Alternative Requirements for Preparation and Submittal of Inservice Inspection Plans, Schedules, and Preservice and Inservice Sum- mary Reports, Section XI, Division 1. N–786 .............................................. 5 (10 Edition) ................................. Alternative Requirements for Sleeve Reinforcement of Class 2 and 3 Moderate-Energy Carbon Steel Piping, Section XI, Division 1. N–789 .............................................. 6 (10 Edition) ................................. Alternative Requirements for Pad Reinforcement of Class 2 and 3 Moderate Energy Carbon Steel Piping for Raw Water Service, Sec- tion XI, Division 1. N–795 .............................................. 3 (10 Edition) ................................. Alternative Requirements for BWR Class 1 System Leakage Test Pressure Following Repair/Replacement Activities, Section XI, Divi- sion 1. N–798 .............................................. 4 (10 Edition) ................................. Alternative Pressure Testing Requirements for Class 1 Piping Be- tween the First and Second Vent, Drain, and Test Isolation De- vices, Section XI, Division 1. N–799 .............................................. 4 (10 Edition) ................................. Dissimilar Metal Welds Joining Vessel Nozzles to Components, Sec- tion XI, Division 1. N–800 .............................................. 4 (10 Edition) ................................. Alternative Pressure Testing Requirements for Class 1 Piping Be- tween the First and Second Injection Valves, Section XI, Division 1. N–803 .............................................. 5 (10 Edition) ................................. Similar and Dissimilar Metal Welding Using Ambient Temperature Automatic or Machine Dry Underwater Laser Beam Welding (ULBW) Temper Bead Technique, Section XI, Division 1. N–805 .............................................. 6 (10 Edition) ................................. Alternative to Class 1 Extended Boundary End of Interval or Class 2 System Leakage Testing of the Reactor Vessel Head Flange O- Ring Leak-Detection System, Section XI, Division 1. N–823 .............................................. 9 (10 Edition) ................................. Visual Examination, Section XI, Division 1. N–825 8 ............................................ 3 (13 Edition) ................................. Alternative Requirements for Examination of Control Rod Drive Hous- ing Welds, Section XI, Division 1. N–845 9 ............................................ 6 (13 Edition) ................................. Qualification Requirements for Bolts and Studs, Section XI, Division 1. Code for Operations and Maintenance (OM) OMN–1, Revision 1 ......................... 2012 Edition ................................... Alternative Rules for Preservice and Inservice Testing of Active Elec- tric Motor-Operated Valve Assemblies in Light-Water Reactor Power Plants. OMN–2 ............................................ 2012 Edition ................................... Thermal Relief Valve Code Case, OM Code-1995, Appendix I. OMN–3 ............................................ 2012 Edition ................................... Requirements for Safety Significance Categorization of Components Using Risk Insights for Inservice Testing of LWR Power Plants. OMN–4 ............................................ 2012 Edition ................................... Requirements for Risk Insights for Inservice Testing of Check Valves at LWR Power Plants. OMN–5 ............................................ 2012 Edition ................................... Testing of Liquid Service Relief Valves without Insulation. OMN–6 ............................................ 2012 Edition ................................... Alternative Rules for Digital Instruments. OMN–7 ............................................ 2012 Edition ................................... Alternative Requirements for Pump Testing. OMN–8 ............................................ 2012 Edition ................................... Alternative Rules for Preservice and Inservice Testing of Power-Op- erated Valves That Are Used for System Control and Have a Safe- ty Function per OM–10, ISTC–1.1, or ISTA-1100. OMN–9 ............................................ 2012 Edition ................................... Use of a Pump Curve for Testing. OMN–12 .......................................... 2012 Edition ................................... Alternative Requirements for Inservice Testing Using Risk Insights for Pneumatically and Hydraulically Operated Valve Assemblies in Light-Water Reactor Power Plants (OM–Code 1998, Subsection ISTC). OMN–13, Revision 2 ....................... 2012 Edition ................................... Performance-Based Requirements for Extending Snubber Inservice jstallworth on DSK7TPTVN1PROD with PROPOSALS Visual Examination Interval at [light water reactor] (LWR) Power Plants. OMN–14 .......................................... 2012 Edition ................................... Alternative Rules for Valve Testing Operations and Maintenance, Ap- pendix I: BWR [control rod drive] CRD Rupture Disk Exclusion. OMN–15, Revision 2 ....................... 2012 Edition ................................... Performance-Based Requirements for Extending the Snubber Oper- ational Readiness Testing Interval at LWR Power Plants. OMN–16 .......................................... 2012 Edition ................................... Use of a Pump Curve for Testing. OMN–17 .......................................... 2012 Edition ................................... Alternative Rules for Testing ASME Class 1 Pressure Relief/Safety Valves. VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1

10798 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Proposed Rules TABLE V—ASME CODE CASES PROPOSED FOR NRC APPROVAL—Continued Code Case No. Supplement Title OMN–18 .......................................... 2012 Edition ................................... Alternate Testing Requirements for Pumps Tested Quarterly Within ±20% of Design Flow. OMN–19 .......................................... 2012 Edition ................................... Alternative Upper Limit for the Comprehensive Pump Test. OMN–20 .......................................... 2012 Edition ................................... Inservice Test Frequency. 7 Code Case published in Supplement 1 to the 2013 Edition; included at the request of ASME. 8 Code Case published in Supplement 3 to the 2013 Edition; included at the request of ASME. 9 Code Case published in Supplement 6 to the 2013 Edition; included at the request of ASME. List of Subjects in 10 CFR Part 50 1.147, ‘‘Inservice Inspection Code Case ACTION: Notice of proposed rulemaking. Administrative practice and Acceptability, ASME Section XI, Division 1,’’ Revision 18, dated [DATE SUMMARY: The Agencies, in accordance procedure, Antitrust, Classified with section 205(h) of the Dodd-Frank information, Criminal penalties, OF FINAL RULE PUBLICATION IN THE Federal Register], which lists Wall Street Reform and Consumer Education, Fire prevention, Fire Protection Act (‘‘Dodd-Frank Act’’), are protection, Incorporation by reference, ASME Code Cases that the NRC has approved in accordance with the jointly proposing a rule to implement Intergovernmental relations, Nuclear provisions applicable to the orderly power plants and reactors, Penalties, requirements in paragraph (b)(5) of this section. liquidation of covered brokers and Radiation protection, Reactor siting dealers under Title II of the Dodd-Frank criteria, Reporting and recordkeeping (iii) NRC Regulatory Guide 1.192, Revision 2. NRC Regulatory Guide Act (‘‘Title II’’). requirements, Whistleblowing. 1.192, ‘‘Operation and Maintenance DATES: Comments should be received on For the reasons set out in the or before May 2, 2016. Code Case Acceptability, ASME OM preamble and under the authority of the Code,’’ Revision 2, dated [DATE OF ADDRESSES: Comments may be Atomic Energy Act of 1954, as amended; FINAL RULE PUBLICATION IN THE submitted by any of the following the Energy Reorganization Act of 1974, Federal Register], which lists ASME methods: as amended; and 5 U.S.C. 552 and 553, Code Cases that the NRC has approved the NRC is proposing to adopt the FDIC in accordance with the requirements in following amendments to 10 CFR part • FDIC Web site: http://www.fdic.gov/ paragraph (b)(6) of this section. 50. regulations/laws/federal. Follow * * * * * PART 50—DOMESTIC LICENSING OF instructions for submitting comments Dated at Rockville, Maryland, this 5th day on the FDIC Web site. PRODUCTION AND UTILIZATION of February, 2016. • FDIC email: Comments@FDIC.gov. FACILITIES For the Nuclear Regulatory Commission. Include ‘‘RIN 3064–AE39’’ in the subject William M. Dean, line of the message. ■ 1. The authority citation for part 50 continues to read as follows: Director, Office of Nuclear Reactor • FDIC mail: Robert E. Feldman, Regulation. Executive Secretary, Attention: Authority: Atomic Energy Act of 1954, [FR Doc. 2016–04355 Filed 3–1–16; 8:45 am] Comments, Federal Deposit Insurance secs. 11, 101, 102, 103, 104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, BILLING CODE 7590–01–P Corporation, 550 17th Street NW., 187, 189, 223, 234 (42 U.S.C. 2014, 2131, Washington, DC 20429. 2132, 2133, 2134, 2135, 2138, 2152, 2167, • Hand delivery/courier: Guard 2169, 2201, 2231, 2232, 2233, 2234, 2235, FEDERAL DEPOSIT INSURANCE station at the rear of the 550 17th Street 2236, 2237, 2239, 2273, 2282); Energy CORPORATION Building (located on F Street) on Reorganization Act of 1974, secs. 201, 202, business days between 7 a.m. and 5 p.m. 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 12 CFR Part 380 (Eastern Time). Nuclear Waste Policy Act of 1982, sec. 306 • Federal eRulemaking portal: http:// (42 U.S.C. 10226); National Environmental RIN 3064–AE39 www.regulations.gov. Follow the Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. instructions for submitting comments. 3504 note; Sec. 109, Pub. L. 96–295, 94 Stat. SECURITIES AND EXCHANGE 783. • Public inspection: All comments COMMISSION received will be posted without change ■ 2. In § 50.55a, revise paragraph to http://www.fdic.gov/regulations/laws/ (a)(3)(i) through (iii) to read as follows: 17 CFR Part 302 federal including any personal § 50.55a Codes and standards. RIN 3235–AL51 information provided. Paper copies of public comments may be ordered from (a) * * * (3) * * * [Release No. 34–77157; File No. S7–02–16] the Public Information Center by (i) NRC Regulatory Guide 1.84, telephone at (877) 275–3342 or (703) Covered Broker-Dealer Provisions 562–2200. Revision 37. NRC Regulatory Guide Under Title II of the Dodd-Frank Wall 1.84, ‘‘Design, Fabrication, and SEC jstallworth on DSK7TPTVN1PROD with PROPOSALS Street Reform and Consumer Materials Code Case Acceptability, Protection Act ASME Section III,’’ Revision 37, dated Electronic Comments [DATE OF FINAL RULE PUBLICATION AGENCY: Federal Deposit Insurance • Use the Commission’s Internet IN THE Federal Register], with the Corporation (‘‘FDIC’’ or ‘‘Corporation’’); comment form (http://www.sec.gov/ requirements in paragraph (b)(4) of this Securities and Exchange Commission rules/proposed.shtml); or section. (‘‘SEC’’ or ‘‘Commission’’ and, • Send an email to rule-comments@ (ii) NRC Regulatory Guide 1.147, collectively with the FDIC, the sec.gov. Please include File Number S7– Revision 18. NRC Regulatory Guide ‘‘Agencies’’). 02–16 on the subject line; or VerDate Sep<11>2014 13:19 Mar 01, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1


Document Created: 2018-02-02 15:04:18
Document Modified: 2018-02-02 15:04:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments on the proposed rule and related guidance by May 16, 2016. Submit comments specific to the information collections aspects of this rule by April 1, 2016. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only of comments received on or before this date.
ContactJennifer Tobin, Office of Nuclear Reactor Regulation, telephone: 301-415-2328, email: [email protected]; and Anthony Cinson, Office of Nuclear Regulatory Research, telephone: 301-415-2393; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation81 FR 10780 
RIN Number3150-AJ13
CFR AssociatedAdministrative Practice and Procedure; Antitrust; Classified Information; Criminal Penalties; Education; Fire Prevention; Fire Protection; Incorporation by Reference; Intergovernmental Relations; Nuclear Power Plants and Reactors; Penalties; Radiation Protection; Reactor Siting Criteria; Reporting and Recordkeeping Requirements and Whistleblowing
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