83_FR_40844 83 FR 40685 - Approval of American Society of Mechanical Engineers' Code Cases

83 FR 40685 - Approval of American Society of Mechanical Engineers' Code Cases

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40685-40703
FR Document2018-17650

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 voluntary alternatives to engineering standards for the construction, inservice inspection (ISI), and inservice testing (IST) of nuclear power plant components. 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 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40685-40703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17650]


========================================================================
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. 83, No. 159 / Thursday, August 16, 2018 / 
Proposed Rules

[[Page 40685]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2017-0024]
RIN 3150-AJ93


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 voluntary alternatives to engineering standards for 
the construction, inservice inspection (ISI), and inservice testing 
(IST) of nuclear power plant components. 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 
October 30, 2018. Submit comments specific to the information 
collections aspects of this rule by September 17, 2018. 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 on the proposed rule and related 
guidance by any of the following methods (unless this document 
describes a different method for submitting comments on a specific 
subject):
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024. 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: Margaret Ellenson, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-0894, email: 
[email protected]; and Giovanni Facco, Office of Nuclear 
Regulatory Research, telephone: 301-415-6337; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

Executive Summary

A. Need for the Regulatory Action

    The purpose of this regulatory action is to incorporate by 
reference into the NRC's 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 voluntary alternatives 
to compliance with certain provisions of the ASME Boiler and Pressure 
Vessel Code (BPV Code) and ASME Code for Operation and Maintenance of 
Nuclear Power Plants (OM Code) currently incorporated by reference into 
the NRC's regulations.

B. Major Provisions

    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 38 (Draft Regulatory Guide 
(DG)-1345); RG 1.147, ``Inservice Inspection Code Case Acceptability, 
ASME Section XI, Division 1,'' Revision 19 (DG-1342); and RG 1.192, 
``Operation and Maintenance [OM] Code Case Acceptability, ASME OM 
Code,'' Revision 3 (DG-1343). 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 voluntary 
alternatives to engineering standards for the construction, ISI, and 
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 6 (DG-1344). 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 DG-1344.
    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative costs and benefits of this proposed rule, as well 
as qualitative factors to be considered in the NRC's rulemaking 
decision. The analysis concluded that this proposed rule would result 
in net savings to the industry and the NRC. As shown below, the 
estimated total net benefit relative to the regulatory baseline, the 
quantitative benefits outweigh the costs by a range from approximately 
$6.72 million (7-percent net present value (NPV)) to $7.48 million (3-
percent NPV).

[[Page 40686]]



                                           Total Averted Costs (Costs)
----------------------------------------------------------------------------------------------------------------
                            Attribute                              Undiscounted       7% NPV          3% NPV
----------------------------------------------------------------------------------------------------------------
Industry Implementation.........................................              $0              $0              $0
Industry Operation..............................................       6,130,000       5,200,000       5,700,000
                                                                 -----------------------------------------------
    Total Industry Costs........................................       6,130,000       5,200,000       5,700,000
NRC Implementation..............................................       (360,000)       (360,000)       (360,000)
NRC Operation...................................................       2,380,000       1,880,000       2,140,000
                                                                 -----------------------------------------------
    Total NRC Cost..............................................       2,020,000       1,520,000       1,780,000
                                                                 ===============================================
        Net.....................................................       8,150,000       6,720,000       7,480,000
----------------------------------------------------------------------------------------------------------------

    The regulatory analysis also considered the following qualitative 
considerations: (1) Flexibility and decreased uncertainty for licensees 
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 this 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. ML18099A054).

SUPPLEMENTARY INFORMATION:

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
    1. ASME BPV Code, Section III Code Cases (DG-1345/RG 1.84)
    2. ASME BPV Code, Section XI Code Cases (DG-1342/RG 1.147)
    3. OM Code Cases (DG-1343/RG 1.192)
    C. ASME Code Cases not Approved for Use (DG-1344/RG 1.193)
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact
X. Paperwork Reduction Act Statement
XI. Voluntary Consensus Standards
XII. Incorporation by Reference--Reasonable Availability to 
Interested Parties
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0024 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024.
     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-2017-0024 in the subject line of 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 BPV Code, which contains 
requirements for the design, construction, and ISI examination of 
nuclear power plant components, and the ASME 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 voluntary 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 2017, and are referred to collectively in this rule as the 
``OM Code.''
---------------------------------------------------------------------------

    The NRC approves 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

[[Page 40687]]

approaches for complying with provisions of the ASME BPV and OM Codes. 
Accordingly, the NRC periodically amends Sec.  50.55a to incorporate by 
reference the NRC's RGs listing approved ASME Code Cases that may be 
used as voluntary alternatives to the BPV and OM Codes.\2\
---------------------------------------------------------------------------

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

    This proposed rule is the latest in a series of rules 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. The NRC published a final rule dated January 17, 2018 (83 FR 
2331) that incorporated by reference into Sec.  50.55a the most recent 
versions of the RGs, which are: RG 1.84, ``Design, Fabrication, and 
Materials Code Case Acceptability, ASME Section III,'' Revision 37; RG 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18; and RG 1.192, ``Operation and Maintenance 
Code Case Acceptability, ASME OM Code,'' Revision 2.
---------------------------------------------------------------------------

    \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 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's 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, 
Revision 38, DG-1345, would supersede the incorporation by reference of 
Revision 37; RG 1.147, Revision 19, DG-1342, would supersede the 
incorporation by reference of Revision 18; and RG 1.192, Revision 3, 
DG-1343, would supersede the incorporation by reference of Revision 2.
    The ASME Code Cases that are the subject of this proposed rule are 
the new and revised Section III and Section XI Code Cases as listed in 
Supplement 11 to the 2010 BPV Code through Supplement 7 to the 2013 BPV 
Code, and the OM Code Cases published at the same time as the 2017 
Edition. Additional Section XI Code Cases published from the 2015 
Edition of the BPV Code are also included at the request of the ASME.
    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. This proposed rule 
would incorporate by reference RGs 1.84, 1.147, and 1.192 allowing 
nuclear power plant licensees, and applicants for combined licenses, 
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. The ASME publishes Code 
Cases in a separate document but at the same time as specific editions 
of the ASME OM Code. The ASME also publishes BPV Code Cases in a 
separate document and at a different time than ASME BPV Code Editions. 
This proposed rule identifies Code Cases by the edition of the ASME BPV 
Code or ASME OM Code under which they were published by ASME. This 
proposed rule only accepts Code Cases for use in lieu of the specific 
editions and addenda of the ASME BPV and OM Codes incorporated by 
reference in Sec.  50.55a.
    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 proposed rule. 
Specifically, the use of the Code Cases listed in RGs 1.84, 1.147, and 
1.192 are acceptable with the specified conditions when implementing 
the editions and addenda of the ASME BPV and OM Codes incorporated by 
reference in 10 CFR 50.55a.
    The approval of a Code Case in the NRC's 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 is 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.
    Therefore, 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 RG, 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)) until the next mandatory ISI or 
IST update.
    A licensee's ISI and IST programs must be updated every 10 years to 
the latest edition and addenda of ASME BPV Code, 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 that 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

[[Page 40688]]

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. 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.

A. Code Cases Proposed To Be Approved for Unconditional Use

    The Code Cases discussed in Table I are new, revised or reaffirmed 
Code Cases in which the NRC is not proposing any conditions. The table 
identifies the draft regulatory guide listing the applicable Code Case 
that the NRC proposes to approve for use.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
               Code case No.                         Published with supplement                    Title
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section III
                                         (addressed in DG-1345, Table 1)
----------------------------------------------------------------------------------------------------------------
N-60-6....................................  11 (2010 Edition).........................  Material for Core
                                                                                         Support Structures,
                                                                                         Section III, Division
                                                                                         1.
N-249-15..................................  7 (2013 Edition)..........................  Additional Materials for
                                                                                         Subsection NF, Classes
                                                                                         1, 2, 3, and MC
                                                                                         Supports Fabricated
                                                                                         Without Welding,
                                                                                         Section III, Division
                                                                                         1.
N-284-4...................................  11 (2010 Edition).........................  Metal Containment Shell
                                                                                         Buckling Design
                                                                                         Methods, Class MC, TC,
                                                                                         and SC Construction
                                                                                         Section III, Divisions
                                                                                         1 and 3.
N-520-6...................................  1 (2013 Edition)..........................  Alternative Rules for
                                                                                         Renewal of Active or
                                                                                         Expired N-type
                                                                                         Certificates for Plants
                                                                                         Not in Active
                                                                                         Construction, Section
                                                                                         III, Division 1.
N-801-1...................................  11 (2010 Edition).........................  Rules for Repair of N-
                                                                                         Stamped Class 1, 2, and
                                                                                         3 Components Section
                                                                                         III, Division 1.
N-822-2...................................  7 (2013 Edition)..........................  Application of the ASME
                                                                                         Certification Mark
                                                                                         Section III, Divisions
                                                                                         1, 2, 3, and 5.
N-833.....................................  1 (2013 Edition)..........................  Minimum Non-prestressed
                                                                                         Reinforcement in the
                                                                                         Containment Base Mat or
                                                                                         Slab Required for
                                                                                         Concrete Crack Control,
                                                                                         Section III, Division
                                                                                         2.
N-834.....................................  3 (2013 Edition)..........................  ASTM A988/A988M-11 UNS
                                                                                         S31603, Subsection NB,
                                                                                         Class 1 Components,
                                                                                         Section III, Division
                                                                                         1.
N-836.....................................  3 (2013 Edition)..........................  Heat Exchanger Tube
                                                                                         Mechanical Plugging,
                                                                                         Class 1, Section III,
                                                                                         Division 1.
N-841.....................................  4 (2013 Edition)..........................  Exemptions to Mandatory
                                                                                         Post Weld Heat
                                                                                         Treatment (PWHT) of SA-
                                                                                         738 Grade B for Class
                                                                                         MC Applications,
                                                                                         Section III, Division
                                                                                         1.
N-844.....................................  5 (2013 Edition)..........................  Alternatives to the
                                                                                         Requirements of NB-
                                                                                         4250(c), Section III,
                                                                                         Division 1.
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section XI
                                         (addressed in DG-1342, Table 1)
----------------------------------------------------------------------------------------------------------------
N-513-4...................................  6 (2013 Edition)..........................  Evaluation of Criteria
                                                                                         for Temporary
                                                                                         Acceptance of Flaws in
                                                                                         Moderate Energy Class 2
                                                                                         or 3 Piping, Section
                                                                                         XI, Division 1.
N-528-1...................................  5 (1998 Edition)..........................  Purchase, Exchange, or
                                                                                         Transfer of Material
                                                                                         Between Nuclear Plant
                                                                                         Sites Section XI,
                                                                                         Division 1.
N-661-3...................................  6 (2015 Edition)..........................  Alternative Requirements
                                                                                         for Wall Thickness
                                                                                         Restoration of Class 2
                                                                                         and 3 Carbon Steel
                                                                                         Piping for Raw Water
                                                                                         Service, Section XI,
                                                                                         Division 1.
N-762-1...................................  3 (2013 Edition)..........................  Temper Bead Procedure
                                                                                         Qualification
                                                                                         Requirements for Repair/
                                                                                         Replacement Activities
                                                                                         without Postweld Heat
                                                                                         Treatment, Section XI,
                                                                                         Division 1.
N-789-2...................................  5 (2015 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-823-1...................................  4 (2013 Edition)..........................  Visual Examination
                                                                                         Section XI, Division 1.
N-839.....................................  7 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         SMAW \1\ Temper Bead
                                                                                         Technique Section XI,
                                                                                         Division 1.
N-842.....................................  4 (2013 Edition)..........................  Alternative Inspection
                                                                                         Program for Longer Fuel
                                                                                         Cycles Section XI,
                                                                                         Division 1.
N-853.....................................  6 (2015 Edition)..........................  PWR \2\ Class 1 Primary
                                                                                         Piping Alloy 600 Full
                                                                                         Penetration Branch
                                                                                         Connection Weld Metal
                                                                                         Buildup for Material
                                                                                         Susceptible to Primary
                                                                                         Water Stress Corrosion
                                                                                         Cracking, Section XI,
                                                                                         Division 1.
N-854.....................................  1 (2015 Edition)..........................  Alternative Pressure
                                                                                         Testing Requirements
                                                                                         for Class 2 and 3
                                                                                         Components Connected to
                                                                                         the Class 1 Boundary,
                                                                                         Section XI, Division 1.
----------------------------------------------------------------------------------------------------------------
                                                     OM Code
                                         (addressed in DG-1343, Table 1)
----------------------------------------------------------------------------------------------------------------
OMN-16 Revision 2.........................  2017 Edition..............................  Use of a Pump Curve for
                                                                                         Testing.
OMN-21....................................  2017 Edition..............................  Alternative Requirements
                                                                                         for Adjusting Hydraulic
                                                                                         Parameters to Specified
                                                                                         Reference Points.
----------------------------------------------------------------------------------------------------------------
\1\ Shielded metal arc welding.
\2\ Pressurized water reactor.


[[Page 40689]]

B. Code Cases Approved for Use With 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, listed in Table II, are 
included in Table 2 of DG-1345 (RG 1.84), DG-1342 (RG 1.147), and DG-
1343 (RG 1.192). The NRC's evaluation of the Code Cases and the reasons 
for the NRC's proposed conditions are discussed in the following 
paragraphs. Notations have been made to indicate the conditions 
duplicated from previous versions of the RG.
    The NRC requests public comment on these Code Cases and the 
proposed conditions. It should also be noted that the following 
paragraphs only address those Code Cases for which the NRC proposes to 
impose condition(s), which are listed in the RG for the first time.

                                                    Table II
----------------------------------------------------------------------------------------------------------------
               Code case No.                         Published with supplement                    Title
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section III
                                         (addressed in DG-1345, Table 2)
----------------------------------------------------------------------------------------------------------------
N-71-19...................................  0 (2013 Edition)..........................  Additional Materials for
                                                                                         Subsection NF, Class 1,
                                                                                         2, 3, and MC Supports
                                                                                         Fabricated by Welding,
                                                                                         Section III, Division
                                                                                         1.
----------------------------------------------------------------------------------------------------------------
                                   Boiler and Pressure Vessel Code Section XI
                                         (addressed in DG-1342, Table 2)
----------------------------------------------------------------------------------------------------------------
N-516-4...................................  7 (2013 Edition)..........................  Underwater Welding,
                                                                                         Section XI, Division 1.
N-597-3...................................  5 (2013 Edition)..........................  Evaluation of Pipe Wall
                                                                                         Thinning, Section XI,
                                                                                         Division 1.
N-606-2...................................  2 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         Machine GTAW \1\ Temper
                                                                                         Bead Technique for BWR
                                                                                         \2\ CRD \3\ Housing/
                                                                                         Stub Tube Repairs,
                                                                                         Section XI, Division 1.
N-638-7...................................  2 (2013 Edition)..........................  Similar and Dissimilar
                                                                                         Metal Welding Using
                                                                                         Ambient Temperature
                                                                                         Machine GTAW Temper
                                                                                         Bead Technique, Section
                                                                                         XI, Division 1.
N-648-2...................................  7 (2013 Edition)..........................  Alternative Requirements
                                                                                         for Inner Radius
                                                                                         Examinations of Class 1
                                                                                         Reactor Vessel Nozzles,
                                                                                         Section XI, Division 1.
N-695-1...................................  0 (15 Edition)............................  Qualification
                                                                                         Requirements for
                                                                                         Dissimilar Metal Piping
                                                                                         Welds Section XI,
                                                                                         Division 1.
N-696-1...................................  6 (2013 Edition)..........................  Qualification
                                                                                         Requirements for
                                                                                         Mandatory Appendix VIII
                                                                                         Piping Examination
                                                                                         Conducted from the
                                                                                         Inside Surface, Section
                                                                                         XI, Division 1.
N-702.....................................  12 (2001 Edition).........................  Alternative Requirements
                                                                                         for Boiling Water
                                                                                         Reactor (BWR) Nozzle
                                                                                         Inner Radius and Nozzle-
                                                                                         to-Shell Welds, Section
                                                                                         XI, Division 1.
N-705 (Errata)............................  11 (2010 Edition).........................  Evaluation Criteria for
                                                                                         Temporary Acceptance of
                                                                                         Degradation in Moderate
                                                                                         Energy Class 2 or 3
                                                                                         Vessels and Tanks,
                                                                                         Section XI, Division 1.
N-711-1...................................  0 (2017 Edition)..........................  Alternative Examination
                                                                                         Coverage Requirements
                                                                                         for Examination
                                                                                         Category B-F, B-J, C-F-
                                                                                         1, C-F-2, and R[dash]A
                                                                                         Piping Welds, Section
                                                                                         XI, Division 1.
N-754-1...................................  1 (2013 Edition)..........................  Optimized Structural
                                                                                         Dissimilar Metal Weld
                                                                                         Overlay for Mitigation
                                                                                         of PWR Class 1 Items,
                                                                                         Section XI, Division 1.
N-766-1...................................  1 (2013 Edition)..........................  Nickel Alloy Reactor
                                                                                         Coolant Inlay and Onlay
                                                                                         for Mitigation of PWR
                                                                                         Full Penetration
                                                                                         Circumferential Nickel
                                                                                         Alloy Dissimilar Metal
                                                                                         Welds in Class 1 Items,
                                                                                         Section XI, Division 1.
N-824.....................................  11 (2010 Edition).........................  Ultrasonic Examination
                                                                                         of Cast Austenitic
                                                                                         Piping Welds From the
                                                                                         Outside Surface Section
                                                                                         XI, Division 1.
N-829.....................................  0 (2013 Edition)..........................  Austenitic Stainless
                                                                                         Steel Cladding and
                                                                                         Nickel Base Cladding
                                                                                         Using Ambient
                                                                                         Temperature Machine
                                                                                         GTAW Temper Bead
                                                                                         Technique, Section XI,
                                                                                         Division 1.
N-830.....................................  7 (2013 Edition)..........................  Direct Use of Master
                                                                                         Fracture Toughness
                                                                                         Curve for Pressure-
                                                                                         Retaining Materials of
                                                                                         Class 1 Vessels,
                                                                                         Section XI, Division 1.
N-831.....................................  0 (2017 Edition)..........................  Ultrasonic Examination
                                                                                         in Lieu of Radiography
                                                                                         for Welds in Ferritic
                                                                                         Pipe, Section XI,
                                                                                         Division 1.
N-838.....................................  2 (2015 Edition)..........................  Flaw Tolerance
                                                                                         Evaluation of Cast
                                                                                         Austenitic Stainless
                                                                                         Steel Piping, Section
                                                                                         XI, Division 1.
N-843.....................................  4 (2013 Edition)..........................  Alternative Pressure
                                                                                         Testing Requirements
                                                                                         Following Repairs or
                                                                                         Replacements for Class
                                                                                         1 Piping between the
                                                                                         First and Second
                                                                                         Injection Isolation
                                                                                         Valves, Section XI,
                                                                                         Division 1.
N-849.....................................  7 (2013 Edition)..........................  In situ VT-3 Examination
                                                                                         of Removable Core
                                                                                         Support Structures
                                                                                         Without Removal,
                                                                                         Section XI, Division 1.
----------------------------------------------------------------------------------------------------------------
                                                     OM Code
                                         (addressed in DG-1343, Table 2)
----------------------------------------------------------------------------------------------------------------
OMN-1 Revision 2..........................  2017 Edition..............................  Alternative Rules for
                                                                                         Preservice and
                                                                                         Inservice Testing of
                                                                                         Active Electric Motor.
OMN-3.....................................  2017 Edition..............................  Requirements for Safety
                                                                                         Significance
                                                                                         Categorization of
                                                                                         Components Using Risk
                                                                                         Insights for Inservice
                                                                                         Testing of LWR \4\
                                                                                         Power Plants.

[[Page 40690]]

 
OMN-4.....................................  2017 Edition..............................  Requirements for Risk
                                                                                         Insights for Inservice
                                                                                         Testing of Check Valves
                                                                                         at LWR Power Plants.
OMN-9.....................................  2017 Edition..............................  Use of a Pump Curve for
                                                                                         Testing.
OMN-12....................................  2017 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-18....................................  2017 Edition..............................  Alternate Testing
                                                                                         Requirements for Pumps
                                                                                         Tested Quarterly Within
                                                                                         20% of
                                                                                         Design Flow.
OMN-19....................................  2017 Edition..............................  Alternative Upper Limit
                                                                                         for the Comprehensive
                                                                                         Pump Test.
OMN-20....................................  2017 Edition..............................  Inservice Test
                                                                                         Frequency.
----------------------------------------------------------------------------------------------------------------
\1\ Gas tungsten arc welding.
\2\ Boiling water reactor.
\3\ Control rod drive.
\4\ Light water reactor.

1. ASME BPV Code, Section III Code Cases (DG-1345/RG 1.84)
Code Case N-71-19 [Supplement 0, 2013 Edition]
    Type: Revised.
    Title: Additional Materials for Subsection NF, Class 1, 2, 3, and 
MC Supports Fabricated by Welding.
    The first condition on Code Case N-71-19 is identical to the first 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
maximum measured ultimate tensile strength (UTS) of the component 
support material must not exceed 170 ksi in view of the susceptibility 
of high strength materials to brittleness and stress corrosion 
cracking.'' When ASME revised N-71, the code case was not modified in a 
way that would make it possible for the NRC to remove the first 
condition. Therefore, the first condition would be retained in Revision 
38 of RG 1.84.
    The second condition on Code Case N-71-18 was removed because it 
related to materials of up to 190 ksi and the first condition has a UTS 
limit of 170 ksi on materials. The staff is not aware of any materials 
listed in this Code Case to which this condition would apply so it was 
deleted and the subsequent conditions renumbered.
    The second condition on Code Case N-71-19 is an update to the third 
condition on Revision 18 of the Code Case. This condition has been 
modified so that it references the correct sentence and paragraph of 
the revised Code Case and now refers to paragraph 5.2 of the Code Case, 
instead of paragraph 5.5 to reference ``5.3.2.3, `Alternative 
Atmosphere Exposure Time Periods Established by Test,' of the AWS 
[American Welding Society] D1.1 Code for the evidence presented to and 
accepted by the Authorized Inspector concerning exposure of electrodes 
for a longer period of time.'' The basis for this change is that the 
paragraph of the Code Case identified by this condition has been 
renumbered and is now 5.2. When ASME revised N-71, the code case was 
not modified in a way that would make it possible for the NRC to remove 
the second condition. Therefore, the second condition would be retained 
in Revision 38 of RG 1.84.
    The third condition on Code Case N-71-19 is substantively the same 
as the fourth condition on Code Case N-71-18 that was first approved by 
the NRC in Revision 33 of RG 1.84 in August 2005, except that it now 
references the renumbered paragraphs of the revised Code Case. The 
condition now reads ``Paragraph 16.2.2 of Code Case N-71-19 is not 
acceptable as written and must be replaced with the following: `When 
not exempted by 16.2.1 above, the post weld heat treatment must be 
performed in accordance with NF-4622 except that ASTM A-710 Grade A 
Material must be at least 1000 [deg]F (540 [deg]C) and must not exceed 
1150 [deg]F (620 [deg]C) for Class 1 and 2 material and 1175 [deg]F 
(640 [deg]C) for Class 3 material.' '' When ASME revised N-71, the code 
case was not modified in a way that would make it possible for the NRC 
to remove the third condition. Therefore, the third condition would be 
retained in Revision 38 of RG 1.84.
    The fourth condition on Code Case N-71-19 is identical to the fifth 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
new holding time-at-temperature for weld thickness (nominal) must be 30 
minutes for welds \1/2\ inch or less in thickness, 1 hour per inch of 
thickness for welds over \1/2\ inch to 5 inches, and for thicknesses 
over 5 inches, 5 hours plus 15 minutes for each additional inch over 5 
inches.'' When ASME revised N-71, the code case was not modified in a 
way that would make it possible for the NRC to remove the fourth 
condition. Therefore, the fourth condition would be retained in 
Revision 38 of RG 1.84.
    The fifth condition on Code Case N-71-19 is identical to the sixth 
condition on Code Case N-71-18 that was first approved by the NRC in 
Revision 33 of RG 1.84 in August 2005. The condition stated that, ``The 
fracture toughness requirements as listed in this Code Case apply only 
to piping supports and not to Class 1, 2 and 3 component supports.'' 
When ASME revised N-71, the code case was not modified in a way that 
would make it possible for the NRC to remove the fifth condition. 
Therefore, the fifth condition would be retained in Revision 38 of RG 
1.84.
    The sixth condition is a new condition, which states that when 
welding P-Number materials listed in the Code Case, the corresponding 
S-Number welding requirements shall apply. Previous revisions of the 
Code Case assigned every material listed in the Code Case an S-Number 
designation. Welding requirements for materials in the Code Case are 
specified based on the S-Number. The current version of the Code Case 
was modified to assign corresponding P-Numbers to those Code Case 
materials, which are also listed in ASME Code Section IX and have a P-
Number designation. However, the Code Case was not modified to make 
clear that the Code Case requirements for welding S-Number materials 
are also applicable to the P-Number materials, all of which were 
previously listed with S-Numbers. Therefore, as written, if a user 
applies this Code Case and uses a P-Number material listed in the 
tables, it is not clear that the corresponding S-Number welding 
requirments apply. To clarify the application of S-Number welding 
requirements to P-Number materials, the NRC proposes the sixth 
condition as stated. This new condition would not impose any additional 
restrictions on the use of this Code Case

[[Page 40691]]

from those placed on the previous revisions.
2. ASME BPV Code, Section XI Code Cases (DG-1342/RG 1.147)
Code Case N-516-4 [Supplement 7, 2013 Edition]
    Type: Revised.
    Title: Underwater Welding, Section XI, Division 1.
    The previously approved revision of this Code Case, N-516-3, was 
conditionally accepted in RG 1.147 to require that licensees obtain NRC 
approval in accordance with Sec.  50.55a(z) regarding the technique to 
be used in the weld repair or replacement of irradiated material 
underwater. The rationale for this condition was that it was known that 
materials subjected to high neutron fluence could not be welded without 
cracking (this is discussed in more detail in the next paragraph). 
However, the condition applied to Code Case N-516-3 did not provide any 
guidance on what level of neutron irradiation could be considered a 
threshold for weldability.
    The technical basis for imposing conditions on the welding of 
irradiated materials is that neutrons can generate helium atoms within 
the metal lattice through transmutation of various isotopes of boron 
and/or nickel. At high temperatures, such as those during welding, 
these helium atoms rapidly diffuse though the metal lattice, forming 
helium bubbles. In sufficient concentration, these helium atoms can 
cause grain boundary cracking that occurs in the fusion zones and heat 
affected zones during the heatup/cooldown cycle.
    In the rulemaking for the 2009-2013 Editions of the ASME Code, the 
NRC adopted conditions that should be applied to Section XI, Article 
IWA-4660 when performing underwater welding on irradiated materials. 
These conditions provide guidance on what level of neutron irradiation 
and/or helium content would require approval by the NRC because of the 
impact of neutron fluence on weldability. These conditions provide 
separate criteria for three generic classes of material: ferritic 
material, austenitic material other than P-No. 8 (e.g., nickel based 
alloys) and austenitic P-No. 8 material (e.g., stainless steel alloys). 
These conditions are currently located in Sec.  50.55a(b)(2)(xii). 
Although these conditions apply to underwater welding performed in 
accordance with IWA-4660, they do not apply to underwater welding 
performed in accordance with Code Case N-516-4.
    Therefore, the NRC proposes to approve Code Case N-516-4 with the 
following conditions for underwater welding. The first condition 
captures the Sec.  50.55a(b)(2)(xii) requirement for underwater welding 
of ferritic materials, and states that licensees must obtain NRC 
approval in accordance with Sec.  50.55a(z) regarding the welding 
technique to be used prior to performing welding on ferritic material 
exposed to fast neutron fluence greater than 1 x 10\17\ n/cm\2\ (E > 1 
MeV). The second condition captures the Sec.  50.55a(b)(2)(xii) 
requirement for underwater welding of austenitic material other than P-
No. 8, and states that licensees must obtain NRC approval in accordance 
with Sec.  50.55a(z) regarding the welding technique to be used prior 
to performing welding on austenitic material other than P-No. 8, 
exposed to thermal neutron fluence greater than 1 x 10\17\ n/cm\2\ (E < 
0.5 eV). The third condition captures the Sec.  50.55a(b)(2)(xii) 
requirement for underwater welding of austenitic P-No. 8 material, and 
states that licensees must obtain NRC approval in accordance with Sec.  
50.55a(z) regarding the welding technique to be used prior to 
performing welding on austenitic P-No. 8 material exposed to thermal 
neutron fluence greater than 1 x 10\17\ n/cm\2\ (E < 0.5 eV) and 
measured or calculated helium concentration of the material greater 
than 0.1 atomic parts per million.
Code Case N-597-3 [Supplement 5, 2013 Edition]
    Type: Revised.
    Title: Evaluation of Pipe Wall Thinning Section XI.
    The NRC revised the conditions to clarify their intent. The 
conditions on N-597-3 are all carryovers from the previous version of 
this Code Case N-597-2. The first condition on Code Case N-597-3 
addresses the NRC's concerns regarding how the corrosion rate and 
associated uncertainties will be determined when N-597-3 is applied to 
evaluate the wall thinning in pipes for degradation mechanisms other 
than flow accelerated corrosion. Therefore, the NRC is proposing a 
condition that requires the corrosion rate be reviewed and approved by 
the NRC prior to the use of the Code Case.
    The second condition on Code Case N-597-3 has two parts that allow 
the use of this Code Case to mitigate flow accelerated corrosion, but 
only if both of the requirements of the condition are met. Due to the 
difficulty inherent in calculating wall thinning, the first part of 
Condition 2 requires that the use of N-597-3 on flow-accelerated 
corrosion piping must be supplemented by the provisions of Electric 
Power Research Institute (EPRI) Nuclear Safety Analysis Center Report 
202L- 2, ``Recommendations for an Effective Flow Accelerated Corrosion 
Program,'' April 1999, which contain rigorous provisions to minimize 
wall thinning.
    The first part of Condition 2 (i.e., (2)(a)) on Code Case N-597-3 
is identical to the first condition on Code Case N-597-2 that was first 
approved by the NRC in Revision 15 of RG 1.147 in October 2007. The 
condition stated that the ``Code Case must be supplemented by the 
provisions of EPRI Nuclear Safety Analysis Center Report (NSAC) 202L- 
2, ``Recommendations for an Effective Flow Accelerated Corrosion 
Program'' (Ref. 6), April 1999, for developing the inspection 
requirements, the method of predicting the rate of wall thickness loss, 
and the value of the predicted remaining wall thickness. As used in 
NSAC-202L-R2, the term ``should'' is to be applied as ``shall'' (i.e., 
a requirement).'' When ASME revised N-597, the code case was not 
modified in a way that would make it possible for the NRC to remove the 
first part of Condition 2. Therefore, the first part of Condition 2 
would be retained in Revision 19 of RG 1.147.
    The second part of Condition 2 (i.e., (2)(b)) on Code Case N-597-3 
is identical to the second condition on Code Case N-597-2 that was 
first approved by the NRC in Revision 15 of RG 1.147 in October 2007. 
The condition stated that ``Components affected by flow-accelerated 
corrosion to which this Code Case are applied must be repaired or 
replaced in accordance with the construction code of record and owner's 
requirements or a later NRC approved edition of Section III, `Rules for 
Construction of Nuclear Power Plant Components,' of the ASME Code prior 
to the value of tp reaching the allowable minimum wall 
thickness, tmin, as specified in -3622.1(a)(1) of this Code 
Case. Alternatively, use of the Code Case is subject to NRC review and 
approval per Sec.  50.55a(z).'' When ASME revised N-597, the code case 
was not modified in a way that would make it possible for the NRC to 
remove the second part of Condition 2. Therefore, the second part of 
Condition 2 would be retained in Revision 19 of RG 1.147.
    The third condition on Code Case N-597-3 is identical to the fourth 
condition on Code Case N-597-2 that was first approved by the NRC in 
Revision 15 of RG 1.147 in October 2007. The condition stated that for 
those components that do not require immediate repair or replacement, 
the rate of wall thickness loss is to be used to determine a suitable 
inspection frequency, so that repair or replacement occurs prior to 
reaching allowable

[[Page 40692]]

minimum wall thickness. When ASME revised N-597, the code case was not 
modified in a way that would make it possible for the NRC to remove the 
third condition. Therefore, the third condition would be retained in 
Revision 19 of RG 1.147.
    The fourth condition on Code Case N-597-3 is updated from the sixth 
condition on Code Case N-597-2 that was first approved by the NRC in 
Revision 17 of RG 1.147 in August 2014. This condition allows the use 
of Code Case N-597-3 to calculate wall thinning for moderate-energy 
Class 2 and 3 piping (using criteria in Code Case N-513-2) for 
temporary acceptance (until the next refueling outage). When ASME 
revised N-597, the code case was not modified in a way that would make 
it possible for the NRC to remove the fourth condition. Therefore, the 
fourth condition would be retained in Revision 19 of RG 1.147.
    The fifth condition is also updated from the sixth condition on 
Code Case N-597-2 that was first approved by the NRC in Revision 17 of 
RG 1.147 in August 2014. This condition prohibits the use of this Code 
Case in evaluating through-wall leakage in high energy piping due to 
the consequences and safety implications associated with pipe failure.
Code Case N-606-2 [Supplement 2, 2013 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique for BWR CRD Housing/Stub 
Tube Repairs.
    The condition on Code Case N-606-2 is identical to the condition on 
Code Case N-606-1 that was first approved by the NRC in Revision 13 of 
RG 1.147 in January 2004. The condition stated that ``Prior to welding, 
an examination or verification must be performed to ensure proper 
preparation of the base metal, and that the surface is properly 
contoured so that an acceptable weld can be produced. This verification 
is to be required in the welding procedure.'' When ASME revised N-606, 
the code case was not modified in a way that would make it possible for 
the NRC to remove the condition. Therefore, the condition would be 
retained in Revision 19 of RG 1.147.
Code Case N-638-7 [Supplement 2, 2013 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique.
    The condition on Code Case N-638-7 is identical to the condition on 
Code Case N-638-6 that was first approved by the NRC in Revision 18 of 
RG 1.147 in the January 2018 final rule and states that ``demonstration 
for ultrasonic examination of the repaired volume is required using 
representative samples which contain construction type flaws.'' When 
ASME revised N-638, the code case was not modified in a way that would 
make it possible for the NRC to remove the condition. Therefore, the 
condition would be retained in Revision 19 of RG 1.147.
Code Case N-648-2 [Supplement 7, 2013 Edition]
    Type: Revised.
    Title: Alternative Requirements for Inner Radius Examinations of 
Class 1 Reactor Vessel Nozzles Section XI.
    The NRC is proposing one condition for this Code Case related to 
preservice inspections. The condition on N-648-2 is that this Code Case 
shall not be used to eliminate the preservice or inservice volumetric 
examination of plants with a combined operating license pursuant to 10 
CFR part 52, or a plant that receives its operating license after 
October 22, 2015.
    The NRC staff's position regarding this Code Case is that the 
required preservice volumetric examinations should be performed on all 
vessel nozzles for comparison with volumetric examinations later, if 
indications of flaws are found. Eliminating the volumetric preservice 
or inservice examination is predicated on good operating experience for 
the existing fleet, which has not found any inner radius cracking in 
the nozzles within the scope of the code case. At this time, the new 
reactor designs have no inspection history or operating experience 
available to support eliminating the periodic volumetric examination of 
the nozzles in question. Use of Code Case N-648-2 would not eliminate 
preservice examinations for the existing fleet since all plants have 
already completed a preservice examination.
Code Case N-695-1 [Supplement 6, 2013 Edition]
    Type: Revised.
    Title: Qualification Requirements for Dissimilar Metal Piping Welds 
Section XI, Division 1.
    The NRC proposes to approve Code Case N-695-1 with the following 
condition. Inspectors qualified using the 0.25 root mean square (RMS) 
error for measuring the depths of flaws using N-695-1 are not qualified 
to depth-size inner diameter (ID) surface breaking flaws greater than 
50 percent through-wall in dissimilar metal welds 2.1 inches or greater 
in thickness. When an inspector qualified using N-695-1 measures a flaw 
as greater than 50 percent through-wall in a dissimilar metal weld from 
the ID, the flaw shall be considered to have an indeterminate depth.
    Code Case N-695-1 provides alternative rules for ultrasonic 
inspections of dissimilar metal welds from the inner and outer 
surfaces. Code Case N-695 was developed to allow for inspections from 
the inner surface in ASME Code Section XI editions prior to 2007. 
However, no inspection vendor was able to meet the depth-sizing 
requirements of 0.125 inch RMS error. The NRC has granted relief to 
several licensees to allow the use of alternate depth-sizing 
requirements. The NRC reviewed the depth-sizing results at the 
Performance Demonstration Institute (PDI) for procedures able to 
achieve an RMS error over 0.125 inches but less than 0.25 inches. The 
review found that the inspectors tend to oversize small flaws and 
undersize deep flaws. The flaws sized by the inspectors as 50 percent 
though-wall or less were accurately or conservatively measured. There 
were, however, some instances of very large flaws being measured as 
significantly smaller than the true state, but they were not measured 
as less than 50 percent through-wall.
    Code Case N-695-1 changes the depth sizing requirements for inner-
surface examinations of test blocks of 2.1 inches or greater thickness 
to 0.25 inches. This change is in line with the granted relief requests 
and with the NRC's review of the PDI test results.
    The depth-sizing capabilities of the inspections does not provide 
sufficient confidence in the ability of an inspector qualified using a 
0.25 inch RMS error to accurately measure the depth of deep flaws. The 
NRC proposes a condition on Code Case N-695-1 in that any surface-
connected flaw sized over 50 percent through-wall should be considered 
of indeterminate depth.
Code Case N-696-1 [Supplement 6, 2013 Edition]
    Type: Revised.
    Title: Qualification Requirements for Mandatory Appendix VIII 
Piping Examination Conducted From the Inside Surface.
    The NRC proposes to approve Code Case N-696-1 with the following 
condition. Inspectors qualified using the 0.25 RMS error for measuring 
the depths of flaws using N-696-1 are not qualified to depth-size ID 
surface breaking flaws greater than 50 percent through-wall in

[[Page 40693]]

dissimilar metal welds 2.1 inches or greater in thickness. When an 
inspector qualified using N-696-1 measures a flaw as greater than 50 
percent through-wall in a dissimilar metal weld from the ID, the flaw 
shall be considered to have an indeterminate depth. Code Case N-696-1 
provides alternative rules for ultrasonic inspections of Supplement 2, 
3 and 10 welds from the inner and outer surfaces. Code Case N-696 was 
developed to allow for inspections for welds from the inner surface in 
ASME Code Section XI editions prior to 2007. However, no inspection 
vendor was able to meet the depth-sizing requirements of 0.125 inch 
root mean square (RMS) error. The NRC staff granted relief to several 
licensees to allow the use of alternate depth-sizing requirements. The 
NRC reviewed the depth-sizing results at the PDI for procedures able to 
achieve an RMS error over 0.125 inches but less than 0.25 inches. The 
review found that the inspectors tend to oversize small flaws and 
undersize deep flaws. The flaws sized by the inspectors as 50 percent 
though-wall or less were accurately or conservatively measured. There 
were, however, some instances of very large flaws being measured as 
significantly smaller than the true state, but they were not measured 
as less than 50 percent through-wall.
    Code Case N-696-1 changes the depth sizing requirements for inner-
surface examinations of test blocks of 2.1 inches or greater thickness 
to 0.25 inches. This change is consistent with the granted relief 
requests and with the NRC staff review of the PDI test results. The 
depth-sizing capabilities of the inspections does not provide 
sufficient confidence in the ability of an inspector qualified using a 
0.25 inch RMS error to accurately measure the depth of deep flaws. 
Therefore, the NRC proposes a condition on Code Case N-696-1 that any 
surface-connected flaw sized over 50 percent through-wall should be 
considered of indeterminate depth.
Code Case N-702 [Supplement 11, 2010 Edition]
    Type: Revised.
    Title: Alternative Requirements for Boiling Water Reactor (BWR) 
Nozzle Inner Radius and Nozzle-to-Shell Welds, Section XI, Division 1.
    The NRC previously accepted with conditions Code Case N-702 in RG 
1.147, Revision 18. For Revision 19 of RG 1.147 the NRC proposes 
revisions to the conditions on Code Case N-702. The original conditions 
in RG 1.147, Revision 17, were consistent with the established review 
procedure for applications for use of Code Case N-702 before August 
2014 for the original 40 years of operation. The previous conditions on 
Code Case N-702 required licensees to prepare and submit for NRC review 
and approval an evaluation demonstrating the applicability of Code Case 
N-702 prior to the application of Code Case N-702. Subsequent reviews 
by the NRC of requests to utilize the provisions of Code Case N-702 
show that all licensees have adequately evaluated the applicability of 
Code Case N-702 during the original 40 years of operation. Therefore 
future review by the NRC is not needed. For the period of extended 
operation, the application of Code Case N-702 is prohibited. Licensees 
that wish to use Code Case N-702 in the period of extended operation 
may submit relief requests based on BWRVIP-241, Appendix A, ``BWR 
Nozzle Radii and Nozzle-to-Vessel Welds Demonstration of Compliance 
with the Technical Information Requirements of the License Renewal Rule 
(10 CFR 54.21),'' approved on April 26, 2017, or plant-specific 
probabilistic fracture mechanics analyses. Therefore, the NRC proposes 
to revise the RG 1.147, Revision 17, condition to reflect these 
changes.
    Consistent with the safety evaluations for all prior ASME Code Case 
N-702 requests, a condition on visual examination is being added to 
clarify that the NRC is not relaxing the licensees' practice on VT-1 on 
nozzle inner radii.
    The revised conditions on Code Case N-702 state the following: The 
applicability of Code Case N-702 for the first 40 years of operation 
must be demonstrated by satisfying the criteria in Section 5.0 of NRC 
Safety Evaluation regarding BWRVIP-108 dated December 18, 2007, (ADAMS 
Accession No. ML073600374) or Section 5.0 of NRC Safety Evaluation 
regarding BWRVIP-241 dated April 19, 2013 (ADAMS Accession No. 
ML13071A240).
    The use of Code Case N-702 in the period of extended operation is 
prohibited. If VT-1 is used, it shall utilize ASME Code Case N-648-2, 
``Alternative Requirements for Inner Radius Examination of Class 1 
Reactor Vessel Nozzles, Section XI Division 1,'' with the associated 
required conditions specified in Regulatory Guide 1.147.
Code Case N-705 (Errata) [Supplement 11, 2010 Edition]
    Type: Revised.
    Title: Evaluation Criteria for Temporary Acceptance of Degradation 
in Moderate Energy Class 2 or 3 Vessels and Tanks.
    The NRC has already accepted Code Case N-705 in Regulatory Guide 
1.147, Revision 16, without conditions. The revised Code Case in 
Supplement 11 contains only editorial changes. However, the NRC has 
identified an area of concern. Paragraph 1(d) of Code Case N-705 states 
that the evaluation period is the operational time for which the 
temporary acceptance criteria are satisfied (i.e., evaluation period 
<=tallow) but not greater than 26 months from the initial 
discovery of the condition. The NRC finds the 26 months duration 
unacceptable. The Code Case is applicable to the temporary acceptance 
of degradation, which could be a through wall leak, and would permit a 
vessel or tank to leak coolant for 26 months without repair or 
replacement. The NRC finds it is unacceptable for plant safety to 
permit a through wall leak in vessels or tanks for 26 months without an 
ASME Code repair. Therefore, the NRC proposes the following condition 
on Code Case N-705: The ASME Code repair or replacement activity 
temporarily deferred under the provisions of this Code Case shall be 
performed during the next scheduled refueling outage. If a flaw is 
detected during a scheduled shutdown, an ASME code repair is required 
before plant restart.
Code Case N-711-1 [Supplement 0, 2017 Edition]
    Type: Revised.
    Title: Alternative Examination Coverage Requirements for 
Examination Category B-F, B-J, C-F-1, C-F-2, and R-A Piping Welds.
    Code Case N-711 was first listed as unacceptable for use by the NRC 
in Revision 3 of RG 1.193 in October 2010. Code Case N-711-1 was 
created to incorporate several NRC conditions for the use of Code Case 
N-711. This Code Case provides requirements for determining an 
alternative required examination volume, which is defined as the volume 
of primary interest based on the postulated degradation mechanism in a 
particular piping weld.
    The NRC finds Code Case N-711-1 acceptable with one condition. The 
Code Case shall not be used to redefine the required examination volume 
for preservice examinations or when the postulated degradation 
mechanism for piping welds is primary water stress corrosion cracking 
(PWSCC), intergranular stress corrosion cracking (IGSCC) or crevice 
corrosion (CC). For PWSCC, the staff finds that the examination volume 
must meet the requirements of ASME Code Case N-770-1 as conditioned by 
Sec.  50.55a(g)(6)(ii)(F). For IGSCC and CC, the Code Case does not 
define a volume of primary interest and therefore it

[[Page 40694]]

cannot be used for these degradation mechanisms. The Code Case requires 
selection of an alternative inspection location within the same risk 
region or category if it will improve the examination coverage of the 
volume of primary interest. Use of the Code Case must be identified in 
the licensee's 90-day post outage report of activities identifying the 
examination category, weld number, weld description, percent coverage 
and a description of limitation. The NRC determined that the Code Case 
provides a suitable process for determining the appropriate volume of 
primary interest based on the degradation mechanism postulated by the 
degradation mechanism analysis, except as noted in the proposed 
condition.
Code Case N-754-1 [Supplement 1, 2013 Edition]
    Type: Revised.
    Title: Optimized Structural Dissimilar Metal Weld Overlay for 
Mitigation of PWR Class 1 Items.
    The first condition on Code Case N-754-1 is the same as the first 
condition on N-754 that was first approved by the NRC in Revision 18 of 
RG 1.147 in January 2018. The condition stated that: ``The conditions 
imposed on the optimized weld overlay design in the NRC safety 
evaluation for MRP-169, Revision 1-A (ADAMS Accession Nos. ML101620010 
and ML101660468) must be satisfied.'' When ASME revised N-754, the code 
case was not modified in a way that would make it possible for the NRC 
to remove the first condition. Therefore, the first condition would be 
retained in Revision 19 of RG 1.147.
    The second condition on Code Case N-754-1 is the same as the second 
condition on N-754 that was first approved by the NRC in Revision 18 of 
RG 1.147 in January 2018. The condition stated that: ``2) The 
preservice and inservice inspections of the overlaid weld must satisfy 
10 CFR 50.55a(g)(6)(ii)(F).'' When ASME revised N-754, the code case 
was not modified in a way that would make it possible for the NRC to 
remove the second condition. Therefore, the second condition would be 
retained in Revision 19 of RG 1.147.
    The third condition on Code Case N-754-1 is new and states that the 
optimized weld overlay in this Code Case can only be installed on an 
Alloy 82/182 weld where the outer 25 percent of weld wall thickness 
does not contain indications that are greater than 1/16 inch in length 
or depth. The optimized weld overlay is designed with the structural 
support from the outer 25 percent of the existing weld metal (i.e., the 
base metal) intact. As such, the outer 25 percent of the weld metal 
needs to be free of degradation prior to the overlay installation. The 
Code Case is not clear with regard to the condition of the outer 25 
percent of the Alloy 82/182 weld prior to the overlay installation. 
Therefore, the NRC proposes this condition to ensure that the outer 25 
percent of the base metal (the weld) has no indications greater than 1/
16 inches so that the structural integrity of the repaired weld is 
maintained.
Code Case N-766-1 [Supplement 1, 2013 Edition]
    Type: Revised.
    Title: Nickel Alloy Reactor Coolant Inlay and Onlay for Mitigation 
of PWR Full Penetration Circumferential Nickel Alloy Dissimilar Metal 
Welds in Class 1 Items.
    Code Case N-766-1 contains provisions for repairing nickel-based 
Alloy 82/182 dissimilar metal butt welds in Class 1 piping using weld 
inlay and onlay. The NRC notes that the Code Case provides adequate 
requirements on the design, installation, pressure testing, and 
examinations of the inlay and onlay. The NRC finds that the weld inlay 
and onlay using the Code Case provides reasonable assurance that the 
structural integrity of the repaired pipe will be maintained. However, 
certain provisions of the Code Case are inadequate and therefore the 
NRC proposes five conditions. The NRC staff notes that the preservice 
and inservice inspection requirements of inlay and onlay are specified 
in Code Case N-770-1 as stated in Section 3(e) of Code Case N-766-1.
    The first condition on Code Case N-766-1 is new and prohibits the 
reduction of preservice and inservice inspection requirements specified 
by this Code Case for inlays or onlays applied to Alloy 82/182 
dissimilar metal welds, which contain an axial indication that has a 
depth of more than 25 percent of the pipe wall thickness and a length 
of more than half axial width of the dissimilar metal weld, or a 
circumferential indication that has a depth of more than 25 percent of 
the pipe wall thickness and a length of more than 20 percent of the 
circumference of the pipe. Paragraph 1(c)(1) of the Code Case states 
that:

    . . . Indications detected in the examination of 3(b)(1) that 
exceed the acceptance standards of IWB-3514 shall be corrected in 
accordance with the defect removal requirements of IWA-4000. 
Alternatively, indications that do not meet the acceptance standards 
of IWB-3514 may be accepted by analytical evaluation in accordance 
with IWB-3600 . . .

    This alternative would allow a flaw with a maximum depth of 75 
percent through wall to remain in service in accordance with the ASME 
Code, Section XI, IWB-3643. Even if the inlay or onlay will isolate the 
dissimilar metal weld from the reactor coolant to minimize the 
potential for stress corrosion cracking, the NRC finds that having a 75 
percent flaw in the Alloy 82/182 weld does not provide reasonable 
assurance of the structural integrity of the pipe. The NRC finds that 
the indication in the Alloy 82/182 weld needs to be limited in size to 
ensure structural integrity of the weld.
    The second condition on Code Case N-766-1 is new and modifies the 
Code Case to require that pipe with any thickness of inlay or onlay 
must be evaluated for weld shrinkage, pipe system flexibility, and 
additional weight of the inlay or onlay. Paragraph 2(e) of the Code 
Case states that:

    . . . If the inlay or onlay deposited in accordance with this 
Case is thicker than 1/8t, where t is the original nominal DMW 
[Dissimilar Metal Weld] thickness, the effects of any change in 
applied loads, as a result of weld shrinkage from the entire inlay 
or onlay, on other items in the piping system (e.g., support loads 
and clearances, nozzle loads, and changes in system flexibility and 
weight due to the inlay or onlay) shall be evaluated. Existing flaws 
previously accepted by analytical evaluation shall be evaluated in 
accordance with IWB-3640 . . .

    The NRC finds that a pipe with any thickness of inlay or onlay must 
be evaluated for weld shrinkage, pipe system flexibility, and 
additional weight of the inlay or onlay.
    The third condition on Code Case N-766-1 is new. The third 
condition sets re-examination requirements for inlay or onlay when 
applied to an Alloy 82/182 dissimilar metal weld with any indication 
that the weld exceeds the acceptance standards of IWB-3514 and is 
accepted for continued service in accordance with IWB-3132.3 or IWB-
3142.4. This condition states that the subject weld must be inspected 
in three successive examinations after the installation of the inlay or 
onlay. The NRC has concerns regarding the fact that the Code Case 
permits indications exceeding IWB-3514 to remain in service after inlay 
or onlay installation, based on analytical evaluation of IWB-3600. The 
IWB-2420 requires three successive examinations for indications that 
are permitted to remain in service per IWB-3600. The Code Case does not 
discuss the three successive examinations. If an inlay or onlay is 
applied to an Alloy 82/182 dissimilar

[[Page 40695]]

metal weld that contains an indication that exceeds the acceptance 
standards of IWB-3514 and is accepted for continued service in 
accordance with IWB-3132.3 or IWB-3142.4, the subject weld must be 
inspected in three successive examinations after inlay or onlay 
installation. The NRC proposes this condition to ensure that the three 
successive examinations will be performed.
    The fourth condition on Code Case N-766-1 is new and prohibits an 
inlay or onlay with detectable subsurface indication discovered by eddy 
current testing in the acceptance examinations from remaining in 
service. Operational experience has shown that subsurface flaws on 
alloy 52 welds for upper heads may be very near the surface. However, 
these flaws are undetectable by liquid dye penetrant, as there are no 
surface breaking aspects during initial construction. Nevertheless, in 
multiple cases, after a plant goes through one or two cycles of 
operation, these defects become exposed to the primary coolant. The 
exposure of these subsurface defects to primary coolant challenges the 
effectiveness of the alloy 52 weld mitigation of only 3mm in total 
thickness. In the upper head scenario, these welds are inspected each 
outage. In order to allow the extension of the inspection frequency to 
that defined by Sec.  50.55a(g)(6)(ii)(F), the NRC found that all 
detectable subsurface indications by eddy current examination should be 
removed from the alloy 52 weld layer.
    The fifth condition on Code Case N-766-1 is new and requires that 
the flaw analysis of paragraph 2(d) of the Code Case shall also 
consider primary water stress corrosion cracking growth in the 
circumferential and axial directions, in accordance with IWB-3640. The 
postulated flaw evaluation in the Code Case only requires a fatigue 
analysis. Conservative generic analysis by the NRC has raised the 
concern that a PWSCC could potentially grow through the inner alloy 52 
weld layer and into the highly susceptible alloy 82/182 weld material, 
to a depth of 75 percent through-wall, within the period of 
reexamination frequency required by Sec.  50.55a(g)(6)(ii)(F). 
Therefore, users of this Code Case will verify, for each weld, that a 
primary water stress corrosion crack will not reach a depth of 75 
percent through-wall within the required re-inspection interval due to 
PWSCC.
Code Case N-824 [Supplement 11, 2010 Edition]
    Type: New.
    Title: Ultrasonic Examination of Cast Austenitic Piping Welds From 
the Outside Surface, Section XI, Division 1.
    Code Case N-824 is a new Code Case for the examination of cast 
austenitic piping welds from the outside surface. The NRC, using NUREG/
CR-6933 and NUREG/CR-7122, determined that inspections of cast 
austenitic stainless steel (CASS) materials are very challenging, and 
sufficient technical basis exists to condition the Code Case to bring 
the Code Case into agreement with the NUREG/CR reports. The NUREG/CR 
reports also show that CASS materials produce high levels of coherent 
noise. The noise signals can be confusing and mask flaw indications.
    The use of dual element phased-array search units showed the most 
promise in obtaining meaningful responses from flaws. For this reason, 
the NRC is proposing to add a condition to require the use of dual, 
transmit-receive, refracted longitudinal wave, multi-element phased 
array search units when utilizing N-824 for the examination of CASS 
components.
    The optimum inspection frequencies for examining CASS components of 
various thicknesses are described in NUREG/CR-6933 and NUREG/CR-7122. 
For this reason, the NRC is proposing to add a condition to require 
that ultrasonic examinations performed to implement ASME BPV Code Case 
N-824 on piping greater than 1.6 inches thick shall use a phased array 
search unit with a center frequency of 500 kHz with a tolerance of +/- 
20 percent.
    The NUREG/CR-6933 shows that the grain structure of CASS can reduce 
the effectiveness of some inspection angles, namely angles including, 
but not limited to, 30 to 55 degrees with a maximum increment of 5 
degrees. Because the NRC is requiring the use of a phased array search 
unit, the NRC finds that the use of the phased array search unit must 
be limited so that the unit is used at inspection angles that would 
provide acceptable results. For this reason, the NRC is adding a 
condition to require that ultrasonic examinations performed to 
implement ASME BPV Code Case N-824 shall use a phased array search unit 
that produce angles including, but not limited to, 30 to 55 degrees 
with a maximum increment of 5 degrees. Therefore, the NRC finds Code 
Case N-824 acceptable with the following poroposed conditions: (1) 
Instead of Paragraph 1(c)(1)(-c)(-2), licensees shall use a phased 
array search unit with a center frequency of 500 kHz with a tolerance 
of  20 percent, and (2) instead of Paragraph 1(c)(1)(-d), 
the phased array search unit must produce angles including, but not 
limited to, 30 to 55 degrees with a maximum increment of 5 degrees.
    Existing regulations in Sec.  50.55a paragraphs (a)(1)(iii)(E) and 
(b)(2)(xxxvii) discuss N-824 and the associated conditions. Because N-
824 would now be discussed in RG 1.147, the existing requirements are 
redundant. These paragraphs would be removed.
Code Case N-829 [Supplement 0, 2013 Edition]
    Type: New.
    Title: Austenitic Stainless Steel Cladding and Nickel Base Cladding 
Using Ambient Temperature Machine GTAW Temper Bead Technique.
    Code Case N-829 is a new Code Case for the use of automatic or 
machine GTAW temper bead technique for the repair of stainless steel 
cladding and nickel-base cladding without the specified preheat or 
postweld heat treatment in Section XI, Paragraph IWA-4411.
    The NRC finds the Code Case acceptable on the condition that the 
provisions of Code Case N-829, paragraph 3(e)(2) or 3(e)(3) may only be 
used when it is impractical to use the interpass temperature 
measurement methods described in 3(e)(1), such as in situations where 
the weldment area is inaccessible (e.g., internal bore welding) or when 
there are extenuating radiological conditions. The NRC has determined 
that interpass temperature measurement is critical to obtaining 
acceptable corrosion resistance and/or notch toughness in a weld. Only 
in areas which are totally inaccessible to temperature measurement 
devices or when there are extenuating radiological conditions shall 
alternate methods be allowed such as the calculation method from 
section 3(e)(2) in ASME Code Case N-829 or the weld coupon test method 
shown in section 3(e)(3) in ASME Code Case N-829.
Code Case N-830 [Supplement 7, 2013 Edition]
    Type: New.
    Title: Direct Use of Master Fracture Toughness Curve for Pressure-
Retaining Materials of Class 1 Vessels.
    Code Case N-830 is a new Code Case introduced in the 2013 Edition 
of the ASME Code. This Code Case outlines the use of a material 
specific master curve as an alternative fracture toughness curve for 
crack initiation, KIC, in Section XI, Division 1, Appendices 
A and G, for Class 1 pressure retaining materials, other than bolting.
    The NRC finds the Code Case acceptable with one condition to 
prohibit the use of the provision in

[[Page 40696]]

Paragraph (f) of the Code Case that allows for the use of an 
alternative to limiting the lower shelf of the 95 percent lower 
tolerance bound Master Curve toughness, 
KJC-lower 95, to a value consistent with the current 
KIC curve. Code Case N-830 contains provisions for using the 
KJC-lower 95 curve and the master curve-based 
reference temperature To as an alternative to the 
KIC curve and the nil-ductility transition reference 
temperature RTNDT in Appendices A and G of the ASME Code, 
Section XI. To is determined in accordance with ASTM 
International Standard E 1921, ``Standard Test Method for the 
Determination of Reference Temperature, To, for Ferritic 
Steels in the Transition Range,'' from direct fracture toughness 
testing data. The RTNDT is determined in accordance with 
ASME Code, Section III, NB-2330, ``Test Requirements and Acceptance 
Standards,'' from indirect Charpy V-notch testing data, and RG 1.99, 
Revision 2, ``Radiation Embrittlement of Reactor Vessel Materials.'' 
Considering the entire test data at a wide range of T-RTNDT 
(-400[emsp14][deg]F to 100[emsp14][deg]F), the NRC found that the 
current KIC curve also represents approximately a 95 percent 
lower tolerance bound for the data. Thus, using 
KJC-lower 95 curve based on the Master Curve is 
acceptable. However, since Paragraph (f) provides a significant 
deviation from the KJC-lower 95 curve for (T-
To) below -115[emsp14][deg]F in a non-conservative manner 
without justification, the NRC determined that Paragraph (f) of N-830 
must not be applied when using N-830.
Code Case N-831 [Supplement 0, 2017 Edition]
    Type: New.
    Title: Ultrasonic Examination in Lieu of Radiography for Welds in 
Ferritic Pipe.
    Code Case N-831 is a new Code Case, which provides an alternative 
to radiographic testing when it is required by the construction code 
for Section Xl repair/replacement activities. This Code Case describes 
the requirements for inspecting ferritic welds for fabrication flaws 
using Ultrasonic Testing (UT) as an alternative to the current 
requirements to use radiography. The Code Case describes the scanning 
methods, recordkeeping and performance demonstration qualification 
requirements for the ultrasonic procedures, equipment, and personnel.
    The NRC finds the Code Case acceptable with the condition that it 
is prohibited for use in new reactor construction. History has shown 
that the combined use of radiographic testing for weld fabrication 
examinations followed by the use of UT for pre-service inspections 
(PSI) and ISI ensures that workmanship is maintained (with radiographic 
testing) while potentially critical planar fabrication flaws are not 
put into service (with UT). Until studies are completed that 
demonstrate the ability of UT to replace radiographic testing (repair/
replacement activity), the NRC will not generically allow the 
substitute of UT in lieu of radiographic testing for weld fabrication 
examinations. In addition, ultrasonic examinations are not equivalent 
to radiographic examinations as they use different physical mechanisms 
to detect and characterize discontinuities. These differences in 
physical mechanisms result in several key differences in sensitivity 
and discrimination capability. As a result of these differences, as 
well as in consideration of the inherent strengths of each of the 
methods, the two methods are not considered to be interchangeable, but 
are considered complementary. Therefore, the NRC determined that this 
Code Case is not acceptable for use on new reactor construction.
Code Case N-838 [Supplement 2, 2015 Edition]
    Type: New.
    Title: Flaw Tolerance Evaluation of Cast Austenitic Stainless Steel 
Piping Section XI, Division 1.
    The NRC proposes to approve Code Case N-838 with the following 
condition: Code Case N-838 shall not be used to evaluate flaws in cast 
austenitic stainless steel piping where the delta ferrite content 
exceeds 25 percent.
    Code Case N-838 contains provisions for performing a postulated 
flaw tolerance evaluation of ASME Class 1 and 2 CASS piping with delta 
ferrite exceeding 20 percent. The Code Case provides a recommended 
target flaw size for the qualification of nondestructive examination 
methods, along with an approach that may be used to justify a larger 
target flaw size, if needed. The Code Case is intended for the flaw 
tolerance evaluation of postulated flaws in CASS base metal adjacent to 
welds, in conjunction with license renewal commitments. The NRC notes 
that the Code Case is limited in application and provides restrictions 
so that the Code Case will not be misused. For example, the Code Case 
is applicable to portions of Class 1 and 2 piping comprised of SA-351 
statically- or centrifugally-cast Grades CF3, CF3A, CF3M, CF8, CF8A and 
CF8M base metal with delta ferrite exceeding 20 percent and niobium or 
columbium content not greater than 0.2 weight percent. This Code Case 
is limited to be applied to thermally aged CASS material types as 
listed with normal operating temperatures between 500[emsp14][deg]F and 
662[emsp14][deg]F. The Code Case is not applicable for evaluation of 
detected flaws. Section 3 of the Code Case provides specific analytical 
evaluation procedures for the pipe mean-radius-to-thickness ratio 
greater than 10 and for those with a ratio less than 10. Tables 1 
through 4 provide the maximum tolerable flaw depth-to-thickness ratio 
for circumference and axial flaws.
    However, the NRC finds paragraph 3(c) of the Code Case to be 
inadequate. Paragraph 3(c) specifies that for delta ferrite exceeding 
25 percent, or pipe mean radius-to-thickness ratio, R/t, exceeding 10, 
the flaw tolerance evaluation shall be performed except that 
representative data shall be used to determine the maximum tolerable 
flaw depths applicable to the CASS base metal and R/t in lieu of Tables 
1 through 4 of the Code Case.
    The NRC notes that there are insufficient fracture toughness data 
for cast austenitic stainless steel that is greater than 25 percent in 
the open source literature. As such, the NRC needs to review flaw 
tolerance evaluations to ensure that they are performed with adequate 
conservatism. Therefore, the NRC proposes a condition to prohibit the 
use of this Code Case where delta ferrite in cast austenitic stainless 
steel piping exceeds 25 percent.
Code Case N-843 [Supplement 4, 2013 Edition]
    Type: New.
    Title: Alternative Pressure Testing Requirements Following Repairs 
or Replacements for Class 1 Piping between the First and Second 
Inspection Isolation Valves, Section XI, Division 1.
    Code Case N-843 is consistent with alternatives that have been 
granted by the NRC. The NRC is concerned about return lines being 
included that could allow significantly lower pressures to be used on 
Class 1 portions of return lines. Therefore, the NRC proposes a 
condition to ensure the injection lines are tested at the highest 
pressure of the line's intended safety function. If the portions of the 
system requiring pressure testing are associated with more than one 
safety function, the pressure test and visual examination VT-2 shall be 
performed during a test conducted at the higher of the operating 
pressures for the respective system safety functions.

[[Page 40697]]

Code Case N-849 [Supplement 7, 2013 Edition]
    Type: New.
    Title: In Situ VT-3 Examination of Removable Core Support 
Structures Without Removal.
    Code Case N-849 is a new Code Case introduced in the 2013 Edition 
of ASME Code. This Code Case is meant to provide guidelines for 
allowing the VT-3 inspection requirements of Table IWB-2500-1 for 
preservice or inservice inspections of the core support structures to 
be performed without the removal of the core support structure. The NRC 
finds the Code Case acceptable with two proposed conditions.
    The first condition on Code Case N-849 limits the use of the Code 
Case to plants that are designed with accessible core support 
structures to allow for in situ inspection. Code Case N-849 allows the 
performance of VT-3 preservice or inservice visual examinations of 
removable core support structures in situ using a remote examination 
system. A provision of the Code Case is that all surfaces accessible 
for examination when the structure is removed shall be accessible when 
the structure is in situ, except for load bearing and contact surfaces, 
which would only be inspected when the core barrel is removed. Designs 
for new reactors, such as small modular reactors, may include 
accessibility of the annulus between the core barrel and the reactor 
vessel. Unlike new reactor designs, currently operating plants were not 
designed to allow in situ VT-3 examinations. There are no industry 
survey results of the current fleet to provide an evaluation of 
operating plant inspection findings. Therefore, applicability to the 
designs of currently operating plants has not been satisfactorily 
addressed.
    The second condition on Code Case N-849 requires that prior to 
initial plant startup, the VT-3 preservice examination shall be 
performed with the core support structure removed, as required by ASME 
Section XI, IWB-2500-1, and shall include all surfaces that are 
accessible when the core support structure is removed, including all 
load bearing and contact surfaces. The NRC has concerns that a 
preservice examination would not be performed on the load bearing and 
contact surfaces even though the surfaces would be accessible prior to 
installing the core support structure. There is also no evidence that 
the in situ examination will achieve the same coverage as the 
examination with the core support structure removed.
3. ASME Operation and Maintenance Code Cases (DG-1343/RG 1.192)
Code Case OMN-1 Revision 2 [2017 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 2 [2017 
Edition] are identical to the conditions on OMN-1 Revision 1 [2012 
Edition] that were approved by the NRC in Revision 2 of RG 1.192 in 
January 2018. When ASME revised OMN-1, the code case was not modified 
in a way that would make it possible for the NRC to remove the 
conditions. Therefore the conditions would be retained in Revision 3 of 
RG 1.192.
Code Case OMN-3 [2017 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 [2017 Edition] are 
identical to the conditions on OMN-3 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-3, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore the conditions 
would be retained in Revision 3 of RG 1.192.
Code Case OMN-4 [2017 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 [2017 Edition] are 
identical to the conditions on OMN-4 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-4, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-9 [2017 Edition]
    Type: Reaffirmed.
    Title: Use of a Pump Curve for Testing.
    The proposed conditions on Code Case OMN-9 [2017 Edition] are 
identical to the conditions on OMN-9 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-9, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-12 [2017 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 [2017 Edition] are 
identical to the conditions on OMN-12 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-12, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-18 [2017 Edition]
    Type: Reaffirmed.
    Title: Alternate Testing Requirements for Pumps Tested Quarterly 
Within 20% of Design Flow.
    The proposed conditions on Code Case OMN-18 [2017 Edition] are 
identical to the conditions on OMN-18 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-18, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-19 [2017 Edition]
    Type: Reaffirmed.
    Title: Alternative Upper Limit for the Comprehensive Pump Test.
    The proposed conditions on Code Case OMN-19 [2017 Edition] are 
identical to the conditions on OMN-19 [2012 Edition] that were approved 
by the NRC in Revision 2 of RG 1.192 in January 2018. When ASME revised 
OMN-19, the code case was not modified in a way that would make it 
possible for the NRC to remove the conditions. Therefore, the 
conditions would be retained in Revision 3 of RG 1.192.
Code Case OMN-20 [2017 Edition]
    Type: Reaffirmed.
    Title: Inservice Test Frequency.
    This Code Case is applicable to the editions and addenda of the OM 
Code listed in Sec.  50.55a(a)(1)(iv).
    With the acceptance of Code Case OMN-20 in RG 1.192, Revision 3,

[[Page 40698]]

paragraphs (a)(1)(iii)(G) and (b)(3)(x) in Sec.  50.55a accepting Code 
Case OMN-20 are unnecessary and would be removed with this proposed 
rule.

C. ASME Code Cases not Approved for Use (DG-1344/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. However, comments have been 
submitted in the past on certain Code Cases listed in RG 1.193 where 
the commenter believed that additional technical information was 
available that might not have been considered by the NRC in its 
determination to not approve the use of these Code Cases. While the NRC 
will consider those comments, the 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 would be revised as 
follows:

Paragraph (a)(1)(iii)(E)

    This proposed rule would remove and reserve paragraph 
(a)(1)(iii)(E).

Paragraph (a)(1)(iii)(G)

    This proposed rule would remove paragraph (a)(1)(iii)(G).

Paragraph (a)(3)

    This proposed rule would include a condition in paragraph (a)(3) 
stating that the Code Cases listed in RGs 1.84, 1.147, and 1.192 may be 
applied with the specified conditions when implementing the editions 
and addenda of the ASME BPV and OM Codes incorporated by reference in 
Sec.  50.55a.

Paragraph (a)(3)(i)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.84, Revision 37,'' by removing ``Revision 37'' and adding in 
its place ``Revision 38.''

Paragraph (a)(3)(ii)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.147, Revision 18,'' by removing ``Revision 18'' and adding in 
its place ``Revision 19.''

Paragraph (a)(3)(iii)

    This proposed rule would revise the reference to ``NRC Regulatory 
Guide 1.192, Revision 2,'' by removing ``Revision 2'' and adding in its 
place ``Revision 3.''

Paragraph (b)(2)(xxxvii)

    This proposed rule would remove paragraph (b)(2)(xxxvii).

Paragraph (b)(3)(x)

    This proposed rule would remove and reserve paragraph (b)(3)(x).

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (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 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 NRC has prepared a draft regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the NRC. The NRC requests public comment on 
the draft regulatory analysis. The regulatory analysis is available as 
indicated in the ``Availability of Documents'' section of this 
document. Comments on the draft analysis may be submitted to the NRC as 
indicated under the ADDRESSES caption of this document.

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. 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 of this 
document.
    As voluntary 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.

[[Page 40699]]

X. Paperwork Reduction Act Statement

    This proposed rule contains new or amended collections of 
information 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 
collections.
    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: -24 (reduction).
    The estimated number of annual respondents: -24 (reduction).
    An estimate of the total number of hours needed annually to 
complete the requirement or request: -9,120 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 24 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. ML18099A046 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-2017-0024.
    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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0024.
     Mail comments to: Information Services Branch, Office of 
the Chief Information Officer, Mail Stop: T-2F43, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001 or to the OMB reviewer 
at: OMB Office of Information and Regulatory Affairs (3150-0011) Attn: 
Desk Officer for the Nuclear Regulatory Commission, 725 17th Street NW, 
Washington, DC 20503; email: [email protected].
    Submit comments by September 17, 2018. 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 collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

XI. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 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 voluntary 
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 38; RG 1.147, Revision 19; and RG 
1.192, Revision 3. 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.

XII. Incorporation by Reference

    The NRC proposes to incorporate by reference three NRC RGs that 
list new and revised ASME Code Cases that the NRC has approved as 
voluntary 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-1345, DG-1342, and DG-1343 will correspond to 
final RG 1.84, Revision 38; RG 1.147, Revision 19; and RG 1.192, 
Revision 3, respectively. A summary of the material the NRC proposes to 
incorporate by reference is provided in the ``Discussion'' section of 
this document.
    The NRC is required to obtain approval for incorporation by 
reference from the Office of the Federal Register (OFR) as set forth in 
1 CFR part 51. 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 10 CFR 2.810.
     Large entities otherwise subject to the NRC's regulatory 
oversight. This

[[Page 40700]]

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 that does not qualify as a ``small entity'' under 10 CFR 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 10 CFR 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 RGs 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 RGs, if approved by the OFR 
for incorporation by reference, will also be available for inspection 
at the OFR, as described in 10 CFR 50.55a(a).
    Because access to the three draft regulatory guides, and 
eventually, the final regulatory guides, are available in various forms 
at no cost, the NRC determines that the three draft regulatory guides, 
DG-1345, DG-1342, and DG-1343, and final regulatory guides 1.84, 
Revision 38; RG 1.147, Revision 19; and RG 1.192, Revision 3, once 
approved by the OFR for incorporation by reference, are reasonably 
available to all interested parties.

XIII. Availability of Documents

    The documents identified in the following tables are available to 
interested persons through one or more of the following methods, as 
indicated. Throughout the development of this rule, the NRC may post 
documents related to this rule, including public comments, on the 
Federal rulemaking website at: http://www.regulations.gov under Docket 
ID NRC-2017-0024. The Federal rulemaking website allows you to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) Navigate to the docket folder (NRC-2017-0024); (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).

                 Table III--Rulemaking Related Documents
------------------------------------------------------------------------
                                                   ADAMS accession No./
                 Document title                      Federal Register
                                                         citation
------------------------------------------------------------------------
Federal Register notice--``Incorporation by       68 FR 40469.
 Reference of ASME BPV and OM Code Cases,'' July
 8, 2003.
Federal Register Notice--``Fracture Toughness     60 FR 65456.
 Requirements for Light Water Reactor Pressure
 Vessels,'' December 19, 1995.
Final Safety Evaluation for Nuclear Energy        ML101620010.
 Institute ``Topical Report Materials             ML101660468.
 Reliability Program (MRP): Technical Basis for
 Preemptive Weld Overlays for Alloy 82/182 Butt
 Welds in Pressurized Water Reactors (MRP-169)
 Revision 1-A,'' August 9, 2010.
EPRI Nuclear Safety Analysis Center Report 202L-  Available for
 2, ``Recommendations for an Effective Flow        purchase.
 Accelerated Corrosion Program,'' April 1999.
ASTM International Standard E 1921, ``Standard    Available for
 Test Method for the Determination of Reference    purchase.
 Temperature, To, for Ferritic Steels in the
 Transition Range,''.
ASME Code, Section III, NB-2330, ``Test           Available for
 Requirements and Acceptance Standards,''.         purchase.
Regulatory Guide 1.99, Revision 2, ``Radiation    ML102310298.
 Embrittlement of Reactor Vessel Materials,''.
Federal Register notice--``Approval of American   83 FR 2331.
 Society of Mechanical Engineers' Code Cases''
 dated January 17, 2018.
RG 1.193, ``ASME Code Cases Not Approved for      ML18114A227.
 Use,'' Revision 6. (DG-1344).
Draft Regulatory Analysis.......................  ML18099A054.
------------------------------------------------------------------------

Documents Proposed To Be Incorporated by Reference

    The NRC proposes to incorporate by reference three NRC RGs that 
list new and revised ASME Code Cases that the NRC has approved as 
voluntary alternatives to certain provisions of NRC-required Editions 
and Addenda of the ASME BPV Code and the ASME OM Code.

    Table IV--Draft Regulatory Guides Proposed to be Incorporated by
                       Reference in 10 CFR 50.55a
------------------------------------------------------------------------
                                                   ADAMS accession No./
                 Document title                      Federal Register
                                                         citation
------------------------------------------------------------------------
RG 1.84, ``Design, Fabrication, and Materials     ML18114A228.
 Code Case Acceptability, ASME Section III,''
 Revision 38. (DG-1345).
RG 1.147, ``Inservice Inspection Code Case        ML18114A225.
 Acceptability, ASME Section XI, Division 1,''
 Revision 19. (DG-1342).
RG 1.192, ``Operation and Maintenance Code Case   ML18114A226.
 Acceptability, ASME OM Code,'' Revision 3. (DG-
 1343).
------------------------------------------------------------------------

Code Cases for Approval in This Proposed Rule

    The ASME BPV Code Cases 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 on the http://go.asme.org/NRC-ASME-CC.
    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

[[Page 40701]]

access during the public comment period by the ASME on the http://go.asme.org/NRC-ASME-CC.
    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 RGs (listed in Table IV) 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 thus serving as alternatives 
to requirements in Sec.  50.55a, are legally-binding regulatory 
requirements. An applicant or licensee must comply with a listed Code 
Case and any conditions 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.

           Table V--ASME Code Cases Proposed for NRC Approval
------------------------------------------------------------------------
         Code case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
------------------------------------------------------------------------
N-60-6........................  11 (2010 Edition)  Material for Core
                                                    Support Structures,
                                                    Section III,
                                                    Division 1 SUPP 11.
N-71-19.......................  0 (2013 Edition).  Additional Materials
                                                    for Subsection NF,
                                                    Class 1, 2, 3, and
                                                    MC Supports
                                                    Fabricated by
                                                    Welding, Section
                                                    III, Division 1.
N-249-15......................  7 (2013 Edition).  Additional Materials
                                                    for Subsection NF,
                                                    Classes 1, 2, 3, and
                                                    MC Supports
                                                    Fabricated Without
                                                    Welding, Section
                                                    III, Division 1.
N-284-4.......................  11 (2010 Edition)  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction Section
                                                    III, Divisions 1 and
                                                    3.
N-520-6.......................  1 (2013 Edition).  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-801-1.......................  11 (2010 Edition)  Rules for Repair of N-
                                                    Stamped Class 1, 2,
                                                    and 3 Components
                                                    Section III,
                                                    Division 1.
N-822-2.......................  7 (2013 Edition).  Application of the
                                                    ASME Certification
                                                    Mark Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
N-833.........................  1 (2013 Edition).  Minimum Non-
                                                    prestressed
                                                    Reinforcement in the
                                                    Containment Base Mat
                                                    or Slab Required for
                                                    Concrete Crack
                                                    Control, Section
                                                    III, Division 2.
N-834.........................  3 (2013 Edition).  ASTM A988/A988M-11
                                                    UNS S31603,
                                                    Subsection NB, Class
                                                    1 Components,
                                                    Section III,
                                                    Division 1.
N-836.........................  3 (2013 Edition).  Heat Exchanger Tube
                                                    Mechanical Plugging,
                                                    Class 1, Section
                                                    III, Division 1.
N-841.........................  4 (2013 Edition).  Exemptions to
                                                    Mandatory Post Weld
                                                    Heat Treatment
                                                    (PWHT) of SA-738
                                                    Grade B for Class MC
                                                    Applications,
                                                    Section III,
                                                    Division 1.
N-844.........................  5 (2013 Edition).  Alternatives to the
                                                    Requirements of NB-
                                                    4250(c), Section
                                                    III, Division 1.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
------------------------------------------------------------------------
N-513-4.......................  6 (2013 Edition).  Evaluation of
                                                    Criteria for
                                                    Temporary Acceptance
                                                    of Flaws in Moderate
                                                    Energy Class 2 or 3
                                                    Piping, Section XI,
                                                    Division 1.
N-516-4.......................  7 (2013 Edition).  Underwater Welding,
                                                    Section XI, Division
                                                    1.
N-528-1.......................  5 (1998 Edition).  Purchase, Exchange,
                                                    or Transfer of
                                                    Material Between
                                                    Nuclear Plant Sites
                                                    Section XI, Division
                                                    1.
N-597-3.......................  5 (2013 Edition).  Evaluation of Pipe
                                                    Wall Thinning,
                                                    Section XI, Division
                                                    1.
N-606-2.......................  2 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique for
                                                    BWR CRD Housing/Stub
                                                    Tube Repairs,
                                                    Section XI, Division
                                                    1.
N-638-7.......................  2 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique.
N-648-2.......................  7 (2013 Edition).  Alternative
                                                    Requirements for
                                                    Inner Radius
                                                    Examinations of
                                                    Class 1 Reactor
                                                    Vessel Nozzles,
                                                    Section XI, Division
                                                    1.
N-661-3.......................  6 (2015 Edition).  Alternative
                                                    Requirements for
                                                    Wall Thickness
                                                    Restoration of Class
                                                    2 and 3 Carbon Steel
                                                    Piping for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-695-1.......................  0 (2015 Edition).  Qualification
                                                    Requirements for
                                                    Dissimilar Metal
                                                    Piping Welds Section
                                                    XI, Division 1.
N-696-1.......................  6 (2013 Edition).  Qualification
                                                    Requirements for
                                                    Mandatory Appendix
                                                    VIII Piping
                                                    Examination
                                                    Conducted from the
                                                    Inside Surface,
                                                    Section XI, Division
                                                    1.
N-702.........................  12 (2001 Edition)  Alternative
                                                    Requirements for
                                                    Boiling Water
                                                    Reactor (BWR) Nozzle
                                                    Inner Radius and
                                                    Nozzle-to-Shell
                                                    Welds, Section XI,
                                                    Division 1.

[[Page 40702]]

 
N-705(Errata).................  11 (2010 Edition)  Evaluation Criteria
                                                    for Temporary
                                                    Acceptance of
                                                    Degradation in
                                                    Moderate Energy
                                                    Class 2 or 3 Vessels
                                                    and Tanks, Section
                                                    XI, Division 1.
N-711-1.......................  0 (2017 Edition).  Alternative
                                                    Examination Coverage
                                                    Requirements for
                                                    Examination Category
                                                    B-F, B-J, C-F-1, C-F-
                                                    2, and R-A Piping
                                                    Welds.
N-754-1.......................  1 (2013 Edition).  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-762-1.......................  3 (2013 Edition).  Temper Bead Procedure
                                                    Qualification
                                                    Requirements for
                                                    Repair/Replacement
                                                    Activities without
                                                    Postweld Heat
                                                    Treatment, Section
                                                    XI, Division 1.
N-766-1.......................  1 (2013 Edition).  Nickel Alloy Reactor
                                                    Coolant Inlay and
                                                    Onlay for Mitigation
                                                    of PWR Full
                                                    Penetration
                                                    Circumferential
                                                    Nickel Alloy
                                                    Dissimilar Metal
                                                    Welds in Class 1
                                                    Items, Section XI,
                                                    Division 1.
N-789-2.......................  5 (2015 Edition).  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service.
N-823-1.......................  4 (2013 Edition).  Visual Examination
                                                    Section XI, Division
                                                    1.
N-824.........................  11 (2010 Edition)  Ultrasonic
                                                    Examination of Cast
                                                    Austenitic Piping
                                                    Welds From the
                                                    Outside Surface
                                                    Section XI, Division
                                                    1.
N-829.........................  0 (2013 Edition).  Austenitic Stainless
                                                    Steel Cladding and
                                                    Nickel Base Cladding
                                                    Using Ambient
                                                    Temperature Machine
                                                    GTAW Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-830.........................  7 (2013 Edition).  Direct Use of Master
                                                    Fracture Toughness
                                                    Curve for Pressure-
                                                    Retaining Materials
                                                    of Class 1 Vessels,
                                                    Section XI.
N-831.........................  0 (2017 Edition).  Ultrasonic
                                                    Examination in Lieu
                                                    of Radiography for
                                                    Welds in Ferritic
                                                    Pipe.
N-838.........................  2 (2015 Edition).  Flaw Tolerance
                                                    Evaluation of Cast
                                                    Austenitic Stainless
                                                    Steel Piping,
                                                    Section XI, Division
                                                    1.
N-839.........................  7 (2013 Edition).  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    SMAW Temper Bead
                                                    Technique Section
                                                    XI, Division 1.
N-842.........................  4 (2013 Edition).  Alternative
                                                    Inspection Program
                                                    for Longer Fuel
                                                    Cycles Section XI,
                                                    Division 1.
N-843.........................  4 (2013 Edition).  Alternative Pressure
                                                    Testing Requirements
                                                    Following Repairs or
                                                    Replacements for
                                                    Class 1 Piping
                                                    between the First
                                                    and Second Injection
                                                    Isolation Valves,
                                                    Section XI, Division
                                                    1.
N-849.........................  7 (2013 Edition).  In situ VT-3
                                                    Examination of
                                                    Removable Core
                                                    Support Structures
                                                    Without Removal,
                                                    Section XI.
N-853.........................  6 (2015 Edition).  PWR Class 1 Primary
                                                    Piping Alloy 600
                                                    Full Penetration
                                                    Branch Connection
                                                    Weld Metal Buildup
                                                    for Material
                                                    Susceptible to
                                                    Primary Water Stress
                                                    Corrosion Cracking,
                                                    Section XI, Division
                                                    1.
N-854.........................  1 (2015 Edition).  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 2 and 3
                                                    Components Connected
                                                    to the Class 1
                                                    Boundary, Section
                                                    XI, Division 1.
------------------------------------------------------------------------
                                 OM Code
------------------------------------------------------------------------
Code case No.                      Edition \4\             Title
------------------------------------------------------------------------
OMN-16 Revision 2.............  2017 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-21........................  2017 Edition.....  Alternative
                                                    Requirements for
                                                    Adjusting Hydraulic
                                                    Parameters to
                                                    Specified Reference
                                                    Points.
------------------------------------------------------------------------

List of Subjects in 10 CFR Part50

    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.
---------------------------------------------------------------------------

    \4\ The column labelled ``Edition'' in this table refers to the 
point in time a Code Case was issued. For example, an entry 
associated with the 2017 Edition means the Code Case was issued at 
the same time as the 2017 Edition of the code.

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

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

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

[[Page 40703]]

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:
0
a. Remove and reserve paragraphs (a)(1)(iii)(E) and (G);
0
b. Revise paragraph (a)(3) introductory text;
0
c. In paragraph (a)(3)(i), remove the phrase ``Revision 37'' and add in 
its place the phrase ``Revision 38'';
0
d. In paragraph (a)(3)(ii), remove the phrase ``Revision 18'' and add 
in its place the phrase ``Revision 19'';
0
e. In paragraph (a)(3)(iii), remove the phrase ``Revision 2'' and add 
in its place the phrase ``Revision 3'';
0
f. Remove paragraph (b)(2)(xxxvii); and
0
g. Remove and reserve paragraph (b)(3)(x).
    The revision reads as follows:


Sec.  50.55a  Codes and standards.

    (3) U.S. Nuclear Regulatory Commission (NRC) Public Document Room, 
11555 Rockville Pike, Rockville, Maryland 20852; telephone: 1-800-397-
4209; email: [email protected]; http://www.nrc.gov/reading-rm/doc-collections/reg-guides/. The use of Code Cases listed in the NRC 
regulatory guides in paragraphs (a)(3)(i) through (iii) of this section 
is acceptable with the specified conditions in those guides when 
implementing the editions and addenda of the ASME BPV Code and ASME OM 
Code incorporated by reference in paragraph (a)(1) of this section.
* * * * *

    Dated at Rockville, Maryland, this 26th day of July, 2018.

    For the Nuclear Regulatory Commission.
Michele G. Evans,
Deputy Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2018-17650 Filed 8-15-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                                                                                                                                   40685

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 83, No. 159

                                                                                                                                                                Thursday, August 16, 2018



                                                  This section of the FEDERAL REGISTER                    ADDRESSES:   You may submit comments                  has determined are acceptable for use as
                                                  contains notices to the public of the proposed          on the proposed rule and related                      voluntary alternatives to compliance
                                                  issuance of rules and regulations. The                  guidance by any of the following                      with certain provisions of the ASME
                                                  purpose of these notices is to give interested          methods (unless this document                         Boiler and Pressure Vessel Code (BPV
                                                  persons an opportunity to participate in the            describes a different method for
                                                  rule making prior to the adoption of the final                                                                Code) and ASME Code for Operation
                                                                                                          submitting comments on a specific                     and Maintenance of Nuclear Power
                                                  rules.
                                                                                                          subject):                                             Plants (OM Code) currently
                                                                                                             • Federal Rulemaking website: Go to                incorporated by reference into the
                                                  NUCLEAR REGULATORY                                      http://www.regulations.gov and search
                                                                                                                                                                NRC’s regulations.
                                                  COMMISSION                                              for Docket ID NRC–2017–0024. Address
                                                                                                          questions about NRC dockets to Carol                  B. Major Provisions
                                                  10 CFR Part 50                                          Gallagher; telephone: 301–415–3463;
                                                                                                          email: Carol.Gallagher@nrc.gov. For                      The three draft RGs that the NRC
                                                  [NRC–2017–0024]                                         technical questions contact the                       proposes to incorporate by reference are
                                                  RIN 3150–AJ93                                           individuals listed in the FOR FURTHER                 RG 1.84, ‘‘Design, Fabrication, and
                                                                                                          INFORMATION CONTACT section of this                   Materials Code Case Acceptability,
                                                  Approval of American Society of                         document.                                             ASME Section III,’’ Revision 38 (Draft
                                                  Mechanical Engineers’ Code Cases                           • Email comments to:                               Regulatory Guide (DG)–1345); RG 1.147,
                                                                                                          Rulemaking.Comments@nrc.gov. If you                   ‘‘Inservice Inspection Code Case
                                                  AGENCY:  Nuclear Regulatory
                                                                                                          do not receive an automatic email reply               Acceptability, ASME Section XI,
                                                  Commission.
                                                                                                          confirming receipt, then contact us at                Division 1,’’ Revision 19 (DG–1342); and
                                                  ACTION: Proposed rule.
                                                                                                          301–415–1677.                                         RG 1.192, ‘‘Operation and Maintenance
                                                  SUMMARY:   The U.S. Nuclear Regulatory                     • Fax comments to: Secretary, U.S.
                                                                                                                                                                [OM] Code Case Acceptability, ASME
                                                  Commission (NRC) is proposing to                        Nuclear Regulatory Commission at 301–
                                                                                                                                                                OM Code,’’ Revision 3 (DG–1343). This
                                                  amend its regulations to incorporate by                 415–1101.
                                                                                                             • Mail comments to: Secretary, U.S.                proposed action would allow nuclear
                                                  reference proposed revisions of three                                                                         power plant licensees and applicants for
                                                  regulatory guides (RGs), which would                    Nuclear Regulatory Commission,
                                                                                                          Washington, DC 20555–0001, ATTN:                      construction permits (CPs), operating
                                                  approve new, revised, and reaffirmed                                                                          licenses (OLs), combined licenses
                                                  Code Cases published by the American                    Rulemakings and Adjudications Staff.
                                                  Society of Mechanical Engineers                            • Hand deliver comments to: 11555                  (COLs), standard design certifications,
                                                                                                          Rockville Pike, Rockville, Maryland                   standard design approvals, and
                                                  (ASME). This proposed action would
                                                  allow nuclear power plant licensees,                    20852, between 7:30 a.m. and 4:15 p.m.                manufacturing licenses, to use the Code
                                                  and applicants for construction permits,                (Eastern Time) Federal workdays;                      Cases newly listed in these revised RGs
                                                  operating licenses, combined licenses,                  telephone: 301–415–1677.                              as voluntary alternatives to engineering
                                                                                                             For additional direction on obtaining              standards for the construction, ISI, and
                                                  standard design certifications, standard
                                                  design approvals and manufacturing                      information and submitting comments,                  IST of nuclear power plant components.
                                                  licenses, to use the Code Cases listed in               see ‘‘Obtaining Information and                       The NRC also notes the availability of a
                                                  these draft RGs as voluntary alternatives               Submitting Comments’’ in the                          proposed version of RG 1.193, ‘‘ASME
                                                                                                          SUPPLEMENTARY INFORMATION section of                  Code Cases Not Approved for Use,’’
                                                  to engineering standards for the
                                                  construction, inservice inspection (ISI),               this document.                                        Revision 6 (DG–1344). This document
                                                  and inservice testing (IST) of nuclear                  FOR FURTHER INFORMATION CONTACT:                      lists Code Cases that the NRC has not
                                                  power plant components. The NRC is                      Margaret Ellenson, Office of Nuclear                  approved for generic use, and will not
                                                  requesting comments on this proposed                    Material Safety and Safeguards,                       be incorporated by reference into the
                                                  rule and on the draft versions of the                   telephone: 301–415–0894, email:                       NRC’s regulations. The NRC is not
                                                  three RGs proposed to be incorporated                   Margaret.Ellenson@nrc.gov; and                        requesting comment on DG–1344.
                                                  by reference. The NRC is also making                    Giovanni Facco, Office of Nuclear
                                                                                                          Regulatory Research, telephone: 301–                     The NRC prepared a draft regulatory
                                                  available a related draft RG that lists
                                                  Code Cases that the NRC has not                         415–6337; email: Giovanni.Facco@                      analysis to determine the expected
                                                  approved for use. This draft RG will not                nrc.gov. Both are staff of the U.S.                   quantitative costs and benefits of this
                                                  be incorporated by reference into the                   Nuclear Regulatory Commission,                        proposed rule, as well as qualitative
                                                  NRC’s regulations.                                      Washington, DC 20555–0001.                            factors to be considered in the NRC’s
                                                  DATES: Submit comments on the                                                                                 rulemaking decision. The analysis
                                                                                                          Executive Summary
                                                  proposed rule and related guidance by                                                                         concluded that this proposed rule
                                                  October 30, 2018. Submit comments                       A. Need for the Regulatory Action                     would result in net savings to the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  specific to the information collections                    The purpose of this regulatory action              industry and the NRC. As shown below,
                                                  aspects of this rule by September 17,                   is to incorporate by reference into the               the estimated total net benefit relative to
                                                  2018. Comments received after this date                 NRC’s regulations the latest revisions of             the regulatory baseline, the quantitative
                                                  will be considered if it is practical to do             three RGs (currently in draft form for                benefits outweigh the costs by a range
                                                  so, but the NRC is able to ensure                       comment). The three draft RGs identify                from approximately $6.72 million (7-
                                                  consideration only of comments                          new, revised, and reaffirmed Code Cases               percent net present value (NPV)) to
                                                  received on or before this date.                        published by the ASME, which the NRC                  $7.48 million (3-percent NPV).




                                             VerDate Sep<11>2014   16:29 Aug 15, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\16AUP1.SGM   16AUP1


                                                  40686                         Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                                                                                                    TOTAL AVERTED COSTS (COSTS)
                                                                                                                   Attribute                                                                           Undiscounted        7% NPV              3% NPV

                                                  Industry Implementation ..............................................................................................................                         $0                 $0                  $0
                                                  Industry Operation .......................................................................................................................              6,130,000          5,200,000           5,700,000

                                                     Total Industry Costs .............................................................................................................                   6,130,000          5,200,000           5,700,000
                                                  NRC Implementation ...................................................................................................................                  (360,000)          (360,000)           (360,000)
                                                  NRC Operation ............................................................................................................................              2,380,000          1,880,000           2,140,000

                                                        Total NRC Cost ....................................................................................................................               2,020,000          1,520,000           1,780,000

                                                               Net .................................................................................................................................      8,150,000          6,720,000           7,480,000



                                                    The regulatory analysis also                                              V. Regulatory Flexibility Certification                                   you do not want to be publicly
                                                  considered the following qualitative                                        VI. Regulatory Analysis                                                   disclosed in your comment submission.
                                                  considerations: (1) Flexibility and                                         VII. Backfitting and Issue Finality                                       The NRC will post all comment
                                                                                                                              VIII. Plain Writing
                                                  decreased uncertainty for licensees                                         IX. Environmental Assessment and Proposed
                                                                                                                                                                                                        submissions at http://
                                                  when making modifications or                                                     Finding of No Significant Environmental                              www.regulations.gov as well as enter the
                                                  preparing to perform ISI or IST; (2)                                             Impact                                                               comment submissions into ADAMS.
                                                  consistency with the provisions of the                                      X. Paperwork Reduction Act Statement                                      The NRC does not routinely edit
                                                  National Technology Transfer and                                            XI. Voluntary Consensus Standards                                         comment submissions to remove
                                                  Advancement Act of 1995 (NTTAA),                                            XII. Incorporation by Reference—Reasonable                                identifying or contact information.
                                                  which encourages Federal regulatory                                              Availability to Interested Parties                                     If you are requesting or aggregating
                                                                                                                              XIII. Availability of Documents                                           comments from other persons for
                                                  agencies to consider adopting voluntary
                                                  consensus standards as an alternative to                                    I. Obtaining Information and                                              submission to the NRC, then you should
                                                  de novo agency development of                                               Submitting Comments                                                       inform those persons not to include
                                                  standards affecting an industry; (3)                                                                                                                  identifying or contact information that
                                                                                                                              A. Obtaining Information                                                  they do not want to be publicly
                                                  consistency with the NRC’s policy of
                                                  evaluating the latest versions of                                              Please refer to Docket ID NRC–2017–                                    disclosed in their comment submission.
                                                  consensus standards in terms of their                                       0024 when contacting the NRC about                                        Your request should state that the NRC
                                                  suitability for endorsement by                                              the availability of information for this                                  does not routinely edit comment
                                                  regulations and regulatory guides; and                                      action. You may obtain publicly-                                          submissions to remove such information
                                                  (4) consistency with the NRC’s goal to                                      available information related to this                                     before making the comment
                                                  harmonize with international standards                                      action by any of the following methods:                                   submissions available to the public or
                                                  to improve regulatory efficiency for both                                      • Federal Rulemaking website: Go to                                    entering the comment into ADAMS.
                                                  the NRC and international standards                                         http://www.regulations.gov and search
                                                                                                                                                                                                        II. Background
                                                  groups.                                                                     for Docket ID NRC–2017–0024.
                                                    The draft regulatory analysis                                                • NRC’s Agencywide Documents                                              The ASME develops and publishes
                                                  concludes that this proposed rule                                           Access and Management System                                              the ASME BPV Code, which contains
                                                  should be adopted because it is justified                                   (ADAMS): You may obtain publicly-                                         requirements for the design,
                                                  when integrating the cost-beneficial                                        available documents online in the                                         construction, and ISI examination of
                                                  quantitative results and the positive and                                   ADAMS Public Documents collection at                                      nuclear power plant components, and
                                                                                                                              http://www.nrc.gov/reading-rm/                                            the ASME OM Code,1 which contains
                                                  supporting nonquantitative
                                                                                                                              adams.html. To begin the search, select                                   requirements for IST of nuclear power
                                                  considerations in the decision. For more
                                                                                                                              ‘‘ADAMS Public Documents’’ and then                                       plant components. In response to BPV
                                                  information, please see the regulatory
                                                                                                                              select ‘‘Begin Web-based ADAMS                                            and OM Code user requests, the ASME
                                                  analysis (ADAMS Accession No.
                                                                                                                              Search.’’ For problems with ADAMS,                                        develops Code Cases that provide
                                                  ML18099A054).
                                                                                                                              please contact the NRC’s Public                                           voluntary alternatives to BPV and OM
                                                  SUPPLEMENTARY INFORMATION:                                                  Document Room (PDR) reference staff at                                    Code requirements under special
                                                  Table of Contents                                                           1–800–397–4209, 301–415–4737, or by                                       circumstances.
                                                                                                                              email to pdr.resource@nrc.gov. For the                                       The NRC approves the ASME BPV
                                                  I. Obtaining Information and Submitting                                                                                                               and OM Codes in § 50.55a, ‘‘Codes and
                                                        Comments
                                                                                                                              convenience of the reader, instructions
                                                                                                                              about obtaining materials referenced in                                   standards,’’ of title 10 of the Code of
                                                     A. Obtaining Information
                                                                                                                              this document are provided in the                                         Federal Regulations (10 CFR) through
                                                     B. Submitting Comments
                                                  II. Background                                                              ‘‘Availability of Documents’’ section.                                    the process of incorporation by
                                                  III. Discussion                                                                • NRC’s PDR: You may examine and                                       reference. As such, each provision of the
                                                     A. Code Cases Proposed to be Approved for                                purchase copies of public documents at                                    ASME Codes incorporated by reference
                                                        Unconditional Use                                                     the NRC’s PDR, Room O1–F21, One                                           into, and mandated by § 50.55a
                                                     B. Code Cases Proposed to be Approved for                                                                                                          constitutes a legally-binding NRC
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                                                                                                                              White Flint North, 11555 Rockville
                                                        Use With Conditions                                                                                                                             requirement imposed by rule. As noted
                                                                                                                              Pike, Rockville, Maryland 20852.
                                                     1. ASME BPV Code, Section III Code Cases                                                                                                           previously, ASME Code Cases, for the
                                                        (DG–1345/RG 1.84)                                                     B. Submitting Comments                                                    most part, represent alternative
                                                     2. ASME BPV Code, Section XI Code Cases
                                                        (DG–1342/RG 1.147)                                                      Please include Docket ID NRC–2017–
                                                                                                                                                                                                           1 The editions and addenda of the ASME Code for
                                                     3. OM Code Cases (DG–1343/RG 1.192)                                      0024 in the subject line of your
                                                                                                                                                                                                        Operation and Maintenance of Nuclear Power
                                                     C. ASME Code Cases not Approved for Use                                  comment submission.                                                       Plants have had different titles from 2005 to 2017,
                                                        (DG–1344/RG 1.193)                                                      The NRC cautions you not to include                                     and are referred to collectively in this rule as the
                                                  IV. Section-by-Section Analysis                                             identifying or contact information that                                   ‘‘OM Code.’’



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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                          40687

                                                  approaches for complying with                              The ASME Code Cases that are the                   commitments. The Code Cases listed in
                                                  provisions of the ASME BPV and OM                       subject of this proposed rule are the new             the RGs are acceptable for use within
                                                  Codes. Accordingly, the NRC                             and revised Section III and Section XI                the limits specified in the Code Cases.
                                                  periodically amends § 50.55a to                         Code Cases as listed in Supplement 11                 If the RG states an NRC condition on the
                                                  incorporate by reference the NRC’s RGs                  to the 2010 BPV Code through                          use of a Code Case, then the NRC
                                                  listing approved ASME Code Cases that                   Supplement 7 to the 2013 BPV Code,                    condition supplements and does not
                                                  may be used as voluntary alternatives to                and the OM Code Cases published at the                supersede any condition(s) specified in
                                                  the BPV and OM Codes.2                                  same time as the 2017 Edition.                        the Code Case, unless otherwise stated
                                                     This proposed rule is the latest in a                Additional Section XI Code Cases                      in the NRC condition.
                                                  series of rules that incorporate by                     published from the 2015 Edition of the                   The ASME Code Cases may be revised
                                                  reference new versions of several RGs                   BPV Code are also included at the                     for many reasons (e.g., to incorporate
                                                  identifying new, revised, and                           request of the ASME.                                  operational examination and testing
                                                  reaffirmed,3 and unconditionally or                        The latest editions and addenda of the             experience and to update material
                                                  conditionally acceptable ASME Code                      ASME BPV and OM Codes that the NRC                    requirements based on research results).
                                                  Cases that the NRC approves for use. In                 has approved for use are referenced in                On occasion, an inaccuracy in an
                                                  developing these RGs, the NRC staff                     § 50.55a. The ASME also publishes                     equation is discovered or an
                                                  reviews ASME BPV and OM Code                            Code Cases that provide alternatives to               examination, as practiced, is found not
                                                  Cases, determines the acceptability of                  existing Code requirements that the                   to be adequate to detect a newly
                                                  each Code Case, and publishes its                       ASME developed and approved. This                     discovered degradation mechanism.
                                                  findings in the RGs. The RGs are revised                proposed rule would incorporate by                       Therefore, when an applicant or a
                                                  periodically as new Code Cases are                      reference RGs 1.84, 1.147, and 1.192                  licensee initially implements a Code
                                                  published by the ASME. The NRC                          allowing nuclear power plant licensees,               Case, § 50.55a requires that the
                                                  incorporates by reference the RGs listing               and applicants for combined licenses,                 applicant or the licensee implement the
                                                  acceptable and conditionally acceptable                 standard design certifications, standard              most recent version of that Code Case,
                                                  ASME Code Cases into § 50.55a. The                      design approvals, and manufacturing                   as listed in the RGs incorporated by
                                                  NRC published a final rule dated                        licenses under the regulations that                   reference. Code Cases superseded by
                                                  January 17, 2018 (83 FR 2331) that                      govern license certifications, to use the             revision are no longer acceptable for
                                                  incorporated by reference into § 50.55a                 Code Cases listed in these RGs as                     new applications unless otherwise
                                                  the most recent versions of the RGs,                    suitable alternatives to the ASME BPV                 indicated.
                                                  which are: RG 1.84, ‘‘Design,                           and OM Codes for the construction, ISI,                  Section III of the ASME BPV Code
                                                  Fabrication, and Materials Code Case                    and IST of nuclear power plant                        applies only to new construction (i.e.,
                                                  Acceptability, ASME Section III,’’                      components. The ASME publishes Code                   the edition and addenda to be used in
                                                  Revision 37; RG 1.147, ‘‘Inservice                      Cases in a separate document but at the               the construction of a plant are selected
                                                  Inspection Code Case Acceptability,                     same time as specific editions of the                 based on the date of the construction
                                                  ASME Section XI, Division 1,’’ Revision                 ASME OM Code. The ASME also                           permit and are not changed thereafter,
                                                  18; and RG 1.192, ‘‘Operation and                       publishes BPV Code Cases in a separate                except voluntarily by the applicant or
                                                  Maintenance Code Case Acceptability,                    document and at a different time than                 the licensee). Hence, if a Section III
                                                  ASME OM Code,’’ Revision 2.                             ASME BPV Code Editions. This                          Code Case is implemented by an
                                                                                                          proposed rule identifies Code Cases by                applicant or a licensee and a later
                                                  III. Discussion                                                                                               version of the Code Case is incorporated
                                                                                                          the edition of the ASME BPV Code or
                                                     This proposed rule would incorporate                 ASME OM Code under which they were                    by reference into § 50.55a and listed in
                                                  by reference the latest revisions of the                published by ASME. This proposed rule                 the RG, the applicant or the licensee
                                                  NRC’s RGs that list ASME BPV and OM                     only accepts Code Cases for use in lieu               may use either version of the Code Case
                                                  Code Cases that the NRC finds to be                     of the specific editions and addenda of               (subject, however, to whatever change
                                                  acceptable, or acceptable with NRC-                     the ASME BPV and OM Codes                             requirements apply to its licensing basis
                                                  specified conditions (‘‘conditionally                   incorporated by reference in § 50.55a.                (e.g., § 50.59)) until the next mandatory
                                                  acceptable’’). Regulatory Guide 1.84,                      The following general guidance                     ISI or IST update.
                                                  Revision 38, DG–1345, would supersede                   applies to the use of the ASME Code                      A licensee’s ISI and IST programs
                                                  the incorporation by reference of                       Cases approved in the latest versions of              must be updated every 10 years to the
                                                  Revision 37; RG 1.147, Revision 19, DG–                 the RGs that are incorporated by                      latest edition and addenda of ASME
                                                  1342, would supersede the                               reference into § 50.55a as part of this               BPV Code, Section XI, and the OM
                                                  incorporation by reference of Revision                  proposed rule. Specifically, the use of               Code, respectively, that were
                                                  18; and RG 1.192, Revision 3, DG–1343,                  the Code Cases listed in RGs 1.84, 1.147,             incorporated by reference into § 50.55a
                                                  would supersede the incorporation by                    and 1.192 are acceptable with the                     and in effect 12 months prior to the start
                                                  reference of Revision 2.                                specified conditions when                             of the next inspection and testing
                                                                                                          implementing the editions and addenda                 interval. Licensees that were using a
                                                     2 See Federal Register notice (FRN),
                                                                                                          of the ASME BPV and OM Codes                          Code Case prior to the effective date of
                                                  ‘‘Incorporation by Reference of ASME BPV and OM         incorporated by reference in 10 CFR                   its revision may continue to use the
                                                  Code Cases’’ (68 FR 40469; July 8, 2003).
                                                     3 Code Cases are categorized by ASME as one of       50.55a.                                               previous version for the remainder of
                                                  three types: New, revised, or reaffirmed. A new            The approval of a Code Case in the                 the 120-month ISI or IST interval. This
                                                  Code Case provides for a new alternative to specific    NRC’s RGs constitutes acceptance of its               relieves licensees of the burden of
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                                                  ASME Code provisions or addresses a new need.           technical position for applications that              having to update their ISI or IST
                                                  The ASME defines a revised Code Case to be a
                                                  revision (modification) to an existing Code Case to
                                                                                                          are not precluded by regulatory or other              program each time a Code Case is
                                                  address, for example, technological advancements        requirements or by the                                revised by the ASME and approved for
                                                  in examination techniques or to address NRC             recommendations in these or other RGs.                use by the NRC. Code Cases apply to
                                                  conditions imposed in one of the RGs that have          The applicant and/or licensee is                      specific editions and addenda, and Code
                                                  been incorporated by reference into § 50.55a. The
                                                  ASME defines ‘‘reaffirmed’’ as an OM Code Case
                                                                                                          responsible for ensuring that use of the              Cases may be revised if they are no
                                                  that does not have any change to technical content,     Code Case does not conflict with                      longer accurate or adequate, so licensees
                                                  but includes editorial changes.                         regulatory requirements or licensee                   choosing to continue using a Code Case


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                                                  40688                      Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  during the subsequent ISI or IST                                  Case until the applicant or the licensee              § 50.55a and the relevant RG to remove
                                                  interval must implement the latest                                updates its construction Code of Record               the approval of the superseded Code
                                                  version incorporated by reference into                            (in the case of an applicant, updates its             Case. Applicants and licensees should
                                                  § 50.55a and listed in the RGs.                                   application) or until the licensee’s 120-             not begin to implement such superseded
                                                     The ASME may annul Code Cases that                             month ISI or IST update interval                      Code Cases in advance of the
                                                  are no longer required, are determined                            expires, after which the continued use                rulemaking.
                                                  to be inaccurate or inadequate, or have                           of the Code Case is prohibited unless
                                                  been incorporated into the BPV or OM                                                                                    A. Code Cases Proposed To Be
                                                                                                                    NRC authorization is given under
                                                  Codes. A Code Case may be revised, for                                                                                  Approved for Unconditional Use
                                                  example, to incorporate user experience.                          § 50.55a(z). If a Code Case is
                                                  The older or superseded version of the                            incorporated by reference into § 50.55a                  The Code Cases discussed in Table I
                                                  Code Case cannot be applied by the                                and later a revised version is issued by              are new, revised or reaffirmed Code
                                                  licensee or applicant for the first time.                         the ASME because experience has                       Cases in which the NRC is not
                                                     If an applicant or a licensee applied                          shown that the design analysis,                       proposing any conditions. The table
                                                  a Code Case before it was listed as                               construction method, examination                      identifies the draft regulatory guide
                                                  superseded, the applicant or the                                  method, or testing method is                          listing the applicable Code Case that the
                                                  licensee may continue to use the Code                             inadequate; the NRC will amend                        NRC proposes to approve for use.

                                                                                                                                          TABLE I
                                                           Code case No.                    Published with supplement                                                       Title

                                                                                                                    Boiler and Pressure Vessel Code Section III
                                                                                                                          (addressed in DG–1345, Table 1)

                                                  N–60–6 ...............................    11 (2010 Edition) ................     Material for Core Support Structures, Section III, Division 1.
                                                  N–249–15 ...........................      7 (2013 Edition) ..................    Additional Materials for Subsection NF, Classes 1, 2, 3, and MC Supports Fab-
                                                                                                                                     ricated Without Welding, Section III, Division 1.
                                                  N–284–4 .............................     11 (2010 Edition) ................     Metal Containment Shell Buckling Design Methods, Class MC, TC, and SC Con-
                                                                                                                                     struction Section III, Divisions 1 and 3.
                                                  N–520–6 .............................     1 (2013 Edition) ..................    Alternative Rules for Renewal of Active or Expired N-type Certificates for Plants Not
                                                                                                                                     in Active Construction, Section III, Division 1.
                                                  N–801–1 .............................     11 (2010 Edition) ................     Rules for Repair of N-Stamped Class 1, 2, and 3 Components Section III, Division
                                                                                                                                     1.
                                                  N–822–2 .............................     7 (2013 Edition) ..................    Application of the ASME Certification Mark Section III, Divisions 1, 2, 3, and 5.
                                                  N–833 .................................   1 (2013 Edition) ..................    Minimum Non-prestressed Reinforcement in the Containment Base Mat or Slab Re-
                                                                                                                                     quired for Concrete Crack Control, Section III, Division 2.
                                                  N–834 .................................   3 (2013 Edition) ..................    ASTM A988/A988M–11 UNS S31603, Subsection NB, Class 1 Components, Sec-
                                                                                                                                     tion III, Division 1.
                                                  N–836 .................................   3 (2013 Edition) ..................    Heat Exchanger Tube Mechanical Plugging, Class 1, Section III, Division 1.
                                                  N–841 .................................   4 (2013 Edition) ..................    Exemptions to Mandatory Post Weld Heat Treatment (PWHT) of SA–738 Grade B
                                                                                                                                     for Class MC Applications, Section III, Division 1.
                                                  N–844 .................................   5 (2013 Edition) ..................    Alternatives to the Requirements of NB–4250(c), Section III, Division 1.

                                                                                                                   Boiler and Pressure Vessel Code Section XI
                                                                                                                         (addressed in DG–1342, Table 1)

                                                  N–513–4 .............................     6 (2013 Edition) ..................    Evaluation of Criteria for Temporary Acceptance of Flaws in Moderate Energy Class
                                                                                                                                     2 or 3 Piping, Section XI, Division 1.
                                                  N–528–1 .............................     5 (1998 Edition) ..................    Purchase, Exchange, or Transfer of Material Between Nuclear Plant Sites Section
                                                                                                                                     XI, Division 1.
                                                  N–661–3 .............................     6 (2015 Edition) ..................    Alternative Requirements for Wall Thickness Restoration of Class 2 and 3 Carbon
                                                                                                                                     Steel Piping for Raw Water Service, Section XI, Division 1.
                                                  N–762–1 .............................     3 (2013 Edition) ..................    Temper Bead Procedure Qualification Requirements for Repair/Replacement Activi-
                                                                                                                                     ties without Postweld Heat Treatment, Section XI, Division 1.
                                                  N–789–2 .............................     5 (2015 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–823–1 .............................     4 (2013 Edition) ..................    Visual Examination Section XI, Division 1.
                                                  N–839 .................................   7 (2013 Edition) ..................    Similar and Dissimilar Metal Welding Using Ambient Temperature SMAW 1 Temper
                                                                                                                                     Bead Technique Section XI, Division 1.
                                                  N–842 .................................   4 (2013 Edition) ..................    Alternative Inspection Program for Longer Fuel Cycles Section XI, Division 1.
                                                  N–853 .................................   6 (2015 Edition) ..................    PWR 2 Class 1 Primary Piping Alloy 600 Full Penetration Branch Connection Weld
                                                                                                                                     Metal Buildup for Material Susceptible to Primary Water Stress Corrosion Crack-
                                                                                                                                     ing, Section XI, Division 1.
                                                  N–854 .................................   1 (2015 Edition) ..................    Alternative Pressure Testing Requirements for Class 2 and 3 Components Con-
                                                                                                                                     nected to the Class 1 Boundary, Section XI, Division 1.
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                                                                                                                                      OM Code
                                                                                                                           (addressed in DG–1343, Table 1)

                                                  OMN–16 Revision 2 ...........             2017 Edition .......................   Use of a Pump Curve for Testing.
                                                  OMN–21 .............................      2017 Edition .......................   Alternative Requirements for Adjusting Hydraulic Parameters to Specified Reference
                                                                                                                                     Points.
                                                     1 Shielded metal arc welding.
                                                     2 Pressurized water reactor.




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                                                                             Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                                   40689

                                                  B. Code Cases Approved for Use With                               conditions would specify, for each                     conditions are discussed in the
                                                  Conditions                                                        applicable Code Case, the additional                   following paragraphs. Notations have
                                                     The NRC has determined that certain                            activities that must be performed, the                 been made to indicate the conditions
                                                  Code Cases, as issued by the ASME, are                            limits on the activities specified in the              duplicated from previous versions of the
                                                  generally acceptable for use, but that the                        Code Case, and/or the supplemental                     RG.
                                                  alternative requirements specified in                             information needed to provide clarity.                   The NRC requests public comment on
                                                  those Code Cases must be supplemented                             These ASME Code Cases, listed in Table                 these Code Cases and the proposed
                                                  in order to provide an acceptable level                           II, are included in Table 2 of DG–1345                 conditions. It should also be noted that
                                                  of quality and safety. Accordingly, the                           (RG 1.84), DG–1342 (RG 1.147), and                     the following paragraphs only address
                                                  NRC proposes to impose conditions on                              DG–1343 (RG 1.192). The NRC’s                          those Code Cases for which the NRC
                                                  the use of these Code Cases to modify,                            evaluation of the Code Cases and the                   proposes to impose condition(s), which
                                                  limit or clarify their requirements. The                          reasons for the NRC’s proposed                         are listed in the RG for the first time.

                                                                                                                                          TABLE II
                                                           Code case No.                    Published with supplement                                                        Title

                                                                                                                    Boiler and Pressure Vessel Code Section III
                                                                                                                          (addressed in DG–1345, Table 2)

                                                  N–71–19 .............................     0 (2013 Edition) ..................     Additional Materials for Subsection NF, Class 1, 2, 3, and MC Supports Fabricated
                                                                                                                                      by Welding, Section III, Division 1.

                                                                                                                    Boiler and Pressure Vessel Code Section XI
                                                                                                                          (addressed in DG–1342, Table 2)

                                                  N–516–4 .............................     7 (2013 Edition) ..................     Underwater Welding, Section XI, Division 1.
                                                  N–597–3 .............................     5 (2013 Edition) ..................     Evaluation of Pipe Wall Thinning, Section XI, Division 1.
                                                  N–606–2 .............................     2 (2013 Edition) ..................     Similar and Dissimilar Metal Welding Using Ambient Temperature Machine GTAW 1
                                                                                                                                      Temper Bead Technique for BWR 2 CRD 3 Housing/Stub Tube Repairs, Section
                                                                                                                                      XI, Division 1.
                                                  N–638–7 .............................     2 (2013 Edition) ..................     Similar and Dissimilar Metal Welding Using Ambient Temperature Machine GTAW
                                                                                                                                      Temper Bead Technique, Section XI, Division 1.
                                                  N–648–2 .............................     7 (2013 Edition) ..................     Alternative Requirements for Inner Radius Examinations of Class 1 Reactor Vessel
                                                                                                                                      Nozzles, Section XI, Division 1.
                                                  N–695–1 .............................     0 (15 Edition) ......................   Qualification Requirements for Dissimilar Metal Piping Welds Section XI, Division 1.
                                                  N–696–1 .............................     6 (2013 Edition) ..................     Qualification Requirements for Mandatory Appendix VIII Piping Examination Con-
                                                                                                                                      ducted from the Inside Surface, Section XI, Division 1.
                                                  N–702 .................................   12 (2001 Edition) ................      Alternative Requirements for Boiling Water Reactor (BWR) Nozzle Inner Radius and
                                                                                                                                      Nozzle-to-Shell Welds, Section XI, Division 1.
                                                  N–705 (Errata) ....................       11 (2010 Edition) ................      Evaluation Criteria for Temporary Acceptance of Degradation in Moderate Energy
                                                                                                                                      Class 2 or 3 Vessels and Tanks, Section XI, Division 1.
                                                  N–711–1 .............................     0 (2017 Edition) ..................     Alternative Examination Coverage Requirements for Examination Category B–F, B–
                                                                                                                                      J, C–F–1, C–F–2, and R-A Piping Welds, Section XI, Division 1.
                                                  N–754–1 .............................     1 (2013 Edition) ..................     Optimized Structural Dissimilar Metal Weld Overlay for Mitigation of PWR Class 1
                                                                                                                                      Items, Section XI, Division 1.
                                                  N–766–1 .............................     1 (2013 Edition) ..................     Nickel Alloy Reactor Coolant Inlay and Onlay for Mitigation of PWR Full Penetration
                                                                                                                                      Circumferential Nickel Alloy Dissimilar Metal Welds in Class 1 Items, Section XI,
                                                                                                                                      Division 1.
                                                  N–824 .................................   11 (2010 Edition) ................      Ultrasonic Examination of Cast Austenitic Piping Welds From the Outside Surface
                                                                                                                                      Section XI, Division 1.
                                                  N–829 .................................   0 (2013 Edition) ..................     Austenitic Stainless Steel Cladding and Nickel Base Cladding Using Ambient Tem-
                                                                                                                                      perature Machine GTAW Temper Bead Technique, Section XI, Division 1.
                                                  N–830 .................................   7 (2013 Edition) ..................     Direct Use of Master Fracture Toughness Curve for Pressure-Retaining Materials of
                                                                                                                                      Class 1 Vessels, Section XI, Division 1.
                                                  N–831 .................................   0 (2017 Edition) ..................     Ultrasonic Examination in Lieu of Radiography for Welds in Ferritic Pipe, Section XI,
                                                                                                                                      Division 1.
                                                  N–838 .................................   2 (2015 Edition) ..................     Flaw Tolerance Evaluation of Cast Austenitic Stainless Steel Piping, Section XI, Di-
                                                                                                                                      vision 1.
                                                  N–843 .................................   4 (2013 Edition) ..................     Alternative Pressure Testing Requirements Following Repairs or Replacements for
                                                                                                                                      Class 1 Piping between the First and Second Injection Isolation Valves, Section
                                                                                                                                      XI, Division 1.
                                                  N–849 .................................   7 (2013 Edition) ..................     In situ VT–3 Examination of Removable Core Support Structures Without Removal,
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                                                                                                                                      Section XI, Division 1.

                                                                                                                                       OM Code
                                                                                                                            (addressed in DG–1343, Table 2)

                                                  OMN–1 Revision 2 .............            2017 Edition .......................    Alternative Rules for Preservice and Inservice Testing of Active Electric Motor.
                                                  OMN–3 ...............................     2017 Edition .......................    Requirements for Safety Significance Categorization of Components Using Risk In-
                                                                                                                                      sights for Inservice Testing of LWR 4 Power Plants.




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                                                  40690                     Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                                                                                                 TABLE II—Continued
                                                          Code case No.                   Published with supplement                                                       Title

                                                  OMN–4 ...............................   2017 Edition .......................   Requirements for Risk Insights for Inservice Testing of Check Valves at LWR Power
                                                                                                                                   Plants.
                                                  OMN–9 ...............................   2017 Edition .......................   Use of a Pump Curve for Testing.
                                                  OMN–12 .............................    2017 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–18 .............................    2017 Edition .......................   Alternate Testing Requirements for Pumps Tested Quarterly Within ±20% of Design
                                                                                                                                   Flow.
                                                  OMN–19 .............................    2017 Edition .......................   Alternative Upper Limit for the Comprehensive Pump Test.
                                                  OMN–20 .............................    2017 Edition .......................   Inservice Test Frequency.
                                                     1 Gas  tungsten arc welding.
                                                     2 Boiling water reactor.
                                                     3 Control rod drive.
                                                     4 Light water reactor.




                                                  1. ASME BPV Code, Section III Code                              longer period of time.’’ The basis for this           fourth condition. Therefore, the fourth
                                                  Cases (DG–1345/RG 1.84)                                         change is that the paragraph of the Code              condition would be retained in Revision
                                                  Code Case N–71–19 [Supplement 0,                                Case identified by this condition has                 38 of RG 1.84.
                                                                                                                  been renumbered and is now 5.2. When                     The fifth condition on Code Case N–
                                                  2013 Edition]
                                                                                                                  ASME revised N–71, the code case was                  71–19 is identical to the sixth condition
                                                    Type: Revised.                                                not modified in a way that would make                 on Code Case N–71–18 that was first
                                                    Title: Additional Materials for                               it possible for the NRC to remove the                 approved by the NRC in Revision 33 of
                                                  Subsection NF, Class 1, 2, 3, and MC                            second condition. Therefore, the second               RG 1.84 in August 2005. The condition
                                                  Supports Fabricated by Welding.                                 condition would be retained in Revision               stated that, ‘‘The fracture toughness
                                                    The first condition on Code Case N–                           38 of RG 1.84.                                        requirements as listed in this Code Case
                                                  71–19 is identical to the first condition                          The third condition on Code Case N–                apply only to piping supports and not
                                                  on Code Case N–71–18 that was first                             71–19 is substantively the same as the                to Class 1, 2 and 3 component
                                                  approved by the NRC in Revision 33 of                           fourth condition on Code Case N–71–18                 supports.’’ When ASME revised N–71,
                                                  RG 1.84 in August 2005. The condition                           that was first approved by the NRC in                 the code case was not modified in a way
                                                  stated that, ‘‘The maximum measured                             Revision 33 of RG 1.84 in August 2005,                that would make it possible for the NRC
                                                  ultimate tensile strength (UTS) of the                          except that it now references the                     to remove the fifth condition. Therefore,
                                                  component support material must not                             renumbered paragraphs of the revised                  the fifth condition would be retained in
                                                  exceed 170 ksi in view of the                                   Code Case. The condition now reads                    Revision 38 of RG 1.84.
                                                  susceptibility of high strength materials                       ‘‘Paragraph 16.2.2 of Code Case N–71–                    The sixth condition is a new
                                                  to brittleness and stress corrosion                             19 is not acceptable as written and must              condition, which states that when
                                                  cracking.’’ When ASME revised N–71,                             be replaced with the following: ‘When                 welding P-Number materials listed in
                                                  the code case was not modified in a way                         not exempted by 16.2.1 above, the post                the Code Case, the corresponding S-
                                                  that would make it possible for the NRC                         weld heat treatment must be performed                 Number welding requirements shall
                                                  to remove the first condition. Therefore,                       in accordance with NF–4622 except that                apply. Previous revisions of the Code
                                                  the first condition would be retained in                        ASTM A–710 Grade A Material must be                   Case assigned every material listed in
                                                  Revision 38 of RG 1.84.                                         at least 1000 °F (540 °C) and must not                the Code Case an S-Number designation.
                                                    The second condition on Code Case                             exceed 1150 °F (620 °C) for Class 1 and               Welding requirements for materials in
                                                  N–71–18 was removed because it                                  2 material and 1175 °F (640 °C) for Class             the Code Case are specified based on the
                                                  related to materials of up to 190 ksi and                       3 material.’ ’’ When ASME revised N–                  S-Number. The current version of the
                                                  the first condition has a UTS limit of                          71, the code case was not modified in                 Code Case was modified to assign
                                                  170 ksi on materials. The staff is not                          a way that would make it possible for                 corresponding P-Numbers to those Code
                                                  aware of any materials listed in this                           the NRC to remove the third condition.                Case materials, which are also listed in
                                                  Code Case to which this condition                               Therefore, the third condition would be               ASME Code Section IX and have a P-
                                                  would apply so it was deleted and the                           retained in Revision 38 of RG 1.84.                   Number designation. However, the Code
                                                  subsequent conditions renumbered.                                  The fourth condition on Code Case N–               Case was not modified to make clear
                                                    The second condition on Code Case                             71–19 is identical to the fifth condition             that the Code Case requirements for
                                                  N–71–19 is an update to the third                               on Code Case N–71–18 that was first                   welding S-Number materials are also
                                                  condition on Revision 18 of the Code                            approved by the NRC in Revision 33 of                 applicable to the P-Number materials,
                                                  Case. This condition has been modified                          RG 1.84 in August 2005. The condition                 all of which were previously listed with
                                                  so that it references the correct sentence                      stated that, ‘‘The new holding time-at-               S-Numbers. Therefore, as written, if a
                                                  and paragraph of the revised Code Case                          temperature for weld thickness                        user applies this Code Case and uses a
                                                  and now refers to paragraph 5.2 of the                          (nominal) must be 30 minutes for welds                P-Number material listed in the tables,
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                                                  Code Case, instead of paragraph 5.5 to                          1⁄2 inch or less in thickness, 1 hour per             it is not clear that the corresponding S-
                                                  reference ‘‘5.3.2.3, ‘Alternative                               inch of thickness for welds over 1⁄2 inch             Number welding requirments apply. To
                                                  Atmosphere Exposure Time Periods                                to 5 inches, and for thicknesses over 5               clarify the application of S-Number
                                                  Established by Test,’ of the AWS                                inches, 5 hours plus 15 minutes for each              welding requirements to P-Number
                                                  [American Welding Society] D1.1 Code                            additional inch over 5 inches.’’ When                 materials, the NRC proposes the sixth
                                                  for the evidence presented to and                               ASME revised N–71, the code case was                  condition as stated. This new condition
                                                  accepted by the Authorized Inspector                            not modified in a way that would make                 would not impose any additional
                                                  concerning exposure of electrodes for a                         it possible for the NRC to remove the                 restrictions on the use of this Code Case


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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                              40691

                                                  from those placed on the previous                       following conditions for underwater                   Center Report 202L– 2,
                                                  revisions.                                              welding. The first condition captures                 ‘‘Recommendations for an Effective
                                                                                                          the § 50.55a(b)(2)(xii) requirement for               Flow Accelerated Corrosion Program,’’
                                                  2. ASME BPV Code, Section XI Code
                                                                                                          underwater welding of ferritic materials,             April 1999, which contain rigorous
                                                  Cases (DG–1342/RG 1.147)
                                                                                                          and states that licensees must obtain                 provisions to minimize wall thinning.
                                                  Code Case N–516–4 [Supplement 7,                        NRC approval in accordance with                          The first part of Condition 2 (i.e.,
                                                  2013 Edition]                                           § 50.55a(z) regarding the welding                     (2)(a)) on Code Case N–597–3 is
                                                     Type: Revised.                                       technique to be used prior to performing              identical to the first condition on Code
                                                     Title: Underwater Welding, Section                   welding on ferritic material exposed to               Case N–597–2 that was first approved
                                                  XI, Division 1.                                         fast neutron fluence greater than 1 ×                 by the NRC in Revision 15 of RG 1.147
                                                     The previously approved revision of                  1017 n/cm2 (E > 1 MeV). The second                    in October 2007. The condition stated
                                                  this Code Case, N–516–3, was                            condition captures the § 50.55a(b)(2)(xii)            that the ‘‘Code Case must be
                                                  conditionally accepted in RG 1.147 to                   requirement for underwater welding of                 supplemented by the provisions of EPRI
                                                  require that licensees obtain NRC                       austenitic material other than P-No. 8,               Nuclear Safety Analysis Center Report
                                                  approval in accordance with § 50.55a(z)                 and states that licensees must obtain                 (NSAC) 202L- 2, ‘‘Recommendations for
                                                  regarding the technique to be used in                   NRC approval in accordance with                       an Effective Flow Accelerated Corrosion
                                                  the weld repair or replacement of                       § 50.55a(z) regarding the welding                     Program’’ (Ref. 6), April 1999, for
                                                  irradiated material underwater. The                     technique to be used prior to performing              developing the inspection requirements,
                                                  rationale for this condition was that it                welding on austenitic material other                  the method of predicting the rate of wall
                                                  was known that materials subjected to                   than P-No. 8, exposed to thermal                      thickness loss, and the value of the
                                                  high neutron fluence could not be                       neutron fluence greater than 1 × 1017 n/              predicted remaining wall thickness. As
                                                  welded without cracking (this is                        cm2 (E < 0.5 eV). The third condition                 used in NSAC–202L–R2, the term
                                                  discussed in more detail in the next                    captures the § 50.55a(b)(2)(xii)                      ‘‘should’’ is to be applied as ‘‘shall’’ (i.e.,
                                                  paragraph). However, the condition                      requirement for underwater welding of                 a requirement).’’ When ASME revised
                                                  applied to Code Case N–516–3 did not                    austenitic P-No. 8 material, and states               N–597, the code case was not modified
                                                  provide any guidance on what level of                   that licensees must obtain NRC approval               in a way that would make it possible for
                                                  neutron irradiation could be considered                 in accordance with § 50.55a(z) regarding              the NRC to remove the first part of
                                                  a threshold for weldability.                            the welding technique to be used prior                Condition 2. Therefore, the first part of
                                                     The technical basis for imposing                     to performing welding on austenitic P-                Condition 2 would be retained in
                                                  conditions on the welding of irradiated                 No. 8 material exposed to thermal                     Revision 19 of RG 1.147.
                                                  materials is that neutrons can generate                 neutron fluence greater than 1 × 1017 n/                 The second part of Condition 2 (i.e.,
                                                  helium atoms within the metal lattice                   cm2 (E < 0.5 eV) and measured or                      (2)(b)) on Code Case N–597–3 is
                                                  through transmutation of various                        calculated helium concentration of the                identical to the second condition on
                                                  isotopes of boron and/or nickel. At high                material greater than 0.1 atomic parts                Code Case N–597–2 that was first
                                                  temperatures, such as those during                      per million.                                          approved by the NRC in Revision 15 of
                                                  welding, these helium atoms rapidly                                                                           RG 1.147 in October 2007. The
                                                                                                          Code Case N–597–3 [Supplement 5,                      condition stated that ‘‘Components
                                                  diffuse though the metal lattice, forming
                                                                                                          2013 Edition]                                         affected by flow-accelerated corrosion to
                                                  helium bubbles. In sufficient
                                                  concentration, these helium atoms can                      Type: Revised.                                     which this Code Case are applied must
                                                  cause grain boundary cracking that                         Title: Evaluation of Pipe Wall                     be repaired or replaced in accordance
                                                  occurs in the fusion zones and heat                     Thinning Section XI.                                  with the construction code of record
                                                  affected zones during the heatup/                          The NRC revised the conditions to                  and owner’s requirements or a later NRC
                                                  cooldown cycle.                                         clarify their intent. The conditions on               approved edition of Section III, ‘Rules
                                                     In the rulemaking for the 2009–2013                  N–597–3 are all carryovers from the                   for Construction of Nuclear Power Plant
                                                  Editions of the ASME Code, the NRC                      previous version of this Code Case N–                 Components,’ of the ASME Code prior
                                                  adopted conditions that should be                       597–2. The first condition on Code Case               to the value of tp reaching the allowable
                                                  applied to Section XI, Article IWA–4660                 N–597–3 addresses the NRC’s concerns                  minimum wall thickness, tmin, as
                                                  when performing underwater welding                      regarding how the corrosion rate and                  specified in –3622.1(a)(1) of this Code
                                                  on irradiated materials. These                          associated uncertainties will be                      Case. Alternatively, use of the Code
                                                  conditions provide guidance on what                     determined when N–597–3 is applied to                 Case is subject to NRC review and
                                                  level of neutron irradiation and/or                     evaluate the wall thinning in pipes for               approval per § 50.55a(z).’’ When ASME
                                                  helium content would require approval                   degradation mechanisms other than                     revised N–597, the code case was not
                                                  by the NRC because of the impact of                     flow accelerated corrosion. Therefore,                modified in a way that would make it
                                                  neutron fluence on weldability. These                   the NRC is proposing a condition that                 possible for the NRC to remove the
                                                  conditions provide separate criteria for                requires the corrosion rate be reviewed               second part of Condition 2. Therefore,
                                                  three generic classes of material: ferritic             and approved by the NRC prior to the                  the second part of Condition 2 would be
                                                  material, austenitic material other than                use of the Code Case.                                 retained in Revision 19 of RG 1.147.
                                                  P-No. 8 (e.g., nickel based alloys) and                    The second condition on Code Case                     The third condition on Code Case N–
                                                  austenitic P-No. 8 material (e.g.,                      N–597–3 has two parts that allow the                  597–3 is identical to the fourth
                                                  stainless steel alloys). These conditions               use of this Code Case to mitigate flow                condition on Code Case N–597–2 that
                                                  are currently located in                                accelerated corrosion, but only if both of            was first approved by the NRC in
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  § 50.55a(b)(2)(xii). Although these                     the requirements of the condition are                 Revision 15 of RG 1.147 in October
                                                  conditions apply to underwater welding                  met. Due to the difficulty inherent in                2007. The condition stated that for those
                                                  performed in accordance with IWA–                       calculating wall thinning, the first part             components that do not require
                                                  4660, they do not apply to underwater                   of Condition 2 requires that the use of               immediate repair or replacement, the
                                                  welding performed in accordance with                    N–597–3 on flow-accelerated corrosion                 rate of wall thickness loss is to be used
                                                  Code Case N–516–4.                                      piping must be supplemented by the                    to determine a suitable inspection
                                                     Therefore, the NRC proposes to                       provisions of Electric Power Research                 frequency, so that repair or replacement
                                                  approve Code Case N–516–4 with the                      Institute (EPRI) Nuclear Safety Analysis              occurs prior to reaching allowable


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                                                  40692                 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  minimum wall thickness. When ASME                          The condition on Code Case N–638–                  flaws greater than 50 percent through-
                                                  revised N–597, the code case was not                    7 is identical to the condition on Code               wall in dissimilar metal welds 2.1
                                                  modified in a way that would make it                    Case N–638–6 that was first approved                  inches or greater in thickness. When an
                                                  possible for the NRC to remove the third                by the NRC in Revision 18 of RG 1.147                 inspector qualified using N–695–1
                                                  condition. Therefore, the third                         in the January 2018 final rule and states             measures a flaw as greater than 50
                                                  condition would be retained in Revision                 that ‘‘demonstration for ultrasonic                   percent through-wall in a dissimilar
                                                  19 of RG 1.147.                                         examination of the repaired volume is                 metal weld from the ID, the flaw shall
                                                     The fourth condition on Code Case N–                 required using representative samples                 be considered to have an indeterminate
                                                  597–3 is updated from the sixth                         which contain construction type flaws.’’              depth.
                                                  condition on Code Case N–597–2 that                     When ASME revised N–638, the code                        Code Case N–695–1 provides
                                                  was first approved by the NRC in                        case was not modified in a way that                   alternative rules for ultrasonic
                                                  Revision 17 of RG 1.147 in August 2014.                 would make it possible for the NRC to                 inspections of dissimilar metal welds
                                                  This condition allows the use of Code                   remove the condition. Therefore, the                  from the inner and outer surfaces. Code
                                                  Case N–597–3 to calculate wall thinning                 condition would be retained in Revision               Case N–695 was developed to allow for
                                                  for moderate-energy Class 2 and 3                       19 of RG 1.147.                                       inspections from the inner surface in
                                                  piping (using criteria in Code Case N–                                                                        ASME Code Section XI editions prior to
                                                  513–2) for temporary acceptance (until                  Code Case N–648–2 [Supplement 7,                      2007. However, no inspection vendor
                                                  the next refueling outage). When ASME                   2013 Edition]                                         was able to meet the depth-sizing
                                                  revised N–597, the code case was not                       Type: Revised.                                     requirements of 0.125 inch RMS error.
                                                  modified in a way that would make it                       Title: Alternative Requirements for                The NRC has granted relief to several
                                                  possible for the NRC to remove the                      Inner Radius Examinations of Class 1                  licensees to allow the use of alternate
                                                  fourth condition. Therefore, the fourth                 Reactor Vessel Nozzles Section XI.                    depth-sizing requirements. The NRC
                                                  condition would be retained in Revision                    The NRC is proposing one condition                 reviewed the depth-sizing results at the
                                                  19 of RG 1.147.                                         for this Code Case related to preservice              Performance Demonstration Institute
                                                     The fifth condition is also updated                  inspections. The condition on N–648–2                 (PDI) for procedures able to achieve an
                                                  from the sixth condition on Code Case                   is that this Code Case shall not be used              RMS error over 0.125 inches but less
                                                  N–597–2 that was first approved by the                  to eliminate the preservice or inservice              than 0.25 inches. The review found that
                                                  NRC in Revision 17 of RG 1.147 in                       volumetric examination of plants with a               the inspectors tend to oversize small
                                                  August 2014. This condition prohibits                   combined operating license pursuant to                flaws and undersize deep flaws. The
                                                  the use of this Code Case in evaluating                 10 CFR part 52, or a plant that receives              flaws sized by the inspectors as 50
                                                  through-wall leakage in high energy                     its operating license after October 22,               percent though-wall or less were
                                                  piping due to the consequences and                      2015.                                                 accurately or conservatively measured.
                                                  safety implications associated with pipe                   The NRC staff’s position regarding                 There were, however, some instances of
                                                  failure.                                                this Code Case is that the required                   very large flaws being measured as
                                                                                                          preservice volumetric examinations                    significantly smaller than the true state,
                                                  Code Case N–606–2 [Supplement 2,                        should be performed on all vessel                     but they were not measured as less than
                                                  2013 Edition]                                           nozzles for comparison with volumetric                50 percent through-wall.
                                                     Type: Revised.                                       examinations later, if indications of                    Code Case N–695–1 changes the
                                                     Title: Similar and Dissimilar Metal                  flaws are found. Eliminating the                      depth sizing requirements for inner-
                                                  Welding Using Ambient Temperature                       volumetric preservice or inservice                    surface examinations of test blocks of
                                                  Machine GTAW Temper Bead                                examination is predicated on good                     2.1 inches or greater thickness to 0.25
                                                  Technique for BWR CRD Housing/Stub                      operating experience for the existing                 inches. This change is in line with the
                                                  Tube Repairs.                                           fleet, which has not found any inner                  granted relief requests and with the
                                                     The condition on Code Case N–606–                    radius cracking in the nozzles within                 NRC’s review of the PDI test results.
                                                  2 is identical to the condition on Code                 the scope of the code case. At this time,                The depth-sizing capabilities of the
                                                  Case N–606–1 that was first approved                    the new reactor designs have no                       inspections does not provide sufficient
                                                  by the NRC in Revision 13 of RG 1.147                   inspection history or operating                       confidence in the ability of an inspector
                                                  in January 2004. The condition stated                   experience available to support                       qualified using a 0.25 inch RMS error to
                                                  that ‘‘Prior to welding, an examination                 eliminating the periodic volumetric                   accurately measure the depth of deep
                                                  or verification must be performed to                    examination of the nozzles in question.               flaws. The NRC proposes a condition on
                                                  ensure proper preparation of the base                   Use of Code Case N–648–2 would not                    Code Case N–695–1 in that any surface-
                                                  metal, and that the surface is properly                 eliminate preservice examinations for                 connected flaw sized over 50 percent
                                                  contoured so that an acceptable weld                    the existing fleet since all plants have              through-wall should be considered of
                                                  can be produced. This verification is to                already completed a preservice                        indeterminate depth.
                                                  be required in the welding procedure.’’                 examination.
                                                                                                                                                                Code Case N–696–1 [Supplement 6,
                                                  When ASME revised N–606, the code
                                                                                                          Code Case N–695–1 [Supplement 6,                      2013 Edition]
                                                  case was not modified in a way that
                                                  would make it possible for the NRC to                   2013 Edition]                                           Type: Revised.
                                                  remove the condition. Therefore, the                      Type: Revised.                                        Title: Qualification Requirements for
                                                  condition would be retained in Revision                   Title: Qualification Requirements for               Mandatory Appendix VIII Piping
                                                                                                          Dissimilar Metal Piping Welds Section                 Examination Conducted From the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  19 of RG 1.147.
                                                                                                          XI, Division 1.                                       Inside Surface.
                                                  Code Case N–638–7 [Supplement 2,                          The NRC proposes to approve Code                      The NRC proposes to approve Code
                                                  2013 Edition]                                           Case N–695–1 with the following                       Case N–696–1 with the following
                                                    Type: Revised.                                        condition. Inspectors qualified using the             condition. Inspectors qualified using the
                                                    Title: Similar and Dissimilar Metal                   0.25 root mean square (RMS) error for                 0.25 RMS error for measuring the depths
                                                  Welding Using Ambient Temperature                       measuring the depths of flaws using N–                of flaws using N–696–1 are not qualified
                                                  Machine GTAW Temper Bead                                695–1 are not qualified to depth-size                 to depth-size ID surface breaking flaws
                                                  Technique.                                              inner diameter (ID) surface breaking                  greater than 50 percent through-wall in


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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                           40693

                                                  dissimilar metal welds 2.1 inches or    years of operation. The previous                                      Revision 16, without conditions. The
                                                  greater in thickness. When an inspector conditions on Code Case N–702                                         revised Code Case in Supplement 11
                                                  qualified using N–696–1 measures a      required licensees to prepare and                                     contains only editorial changes.
                                                  flaw as greater than 50 percent through-submit for NRC review and approval an                                 However, the NRC has identified an area
                                                  wall in a dissimilar metal weld from theevaluation demonstrating the                                          of concern. Paragraph 1(d) of Code Case
                                                  ID, the flaw shall be considered to haveapplicability of Code Case N–702 prior                                N–705 states that the evaluation period
                                                  an indeterminate depth. Code Case N–    to the application of Code Case N–702.                                is the operational time for which the
                                                  696–1 provides alternative rules for    Subsequent reviews by the NRC of                                      temporary acceptance criteria are
                                                  ultrasonic inspections of Supplement 2, requests to utilize the provisions of                                 satisfied (i.e., evaluation period ≤tallow)
                                                  3 and 10 welds from the inner and outer Code Case N–702 show that all licensees                               but not greater than 26 months from the
                                                  surfaces. Code Case N–696 was           have adequately evaluated the                                         initial discovery of the condition. The
                                                  developed to allow for inspections for  applicability of Code Case N–702 during                               NRC finds the 26 months duration
                                                  welds from the inner surface in ASME    the original 40 years of operation.                                   unacceptable. The Code Case is
                                                  Code Section XI editions prior to 2007. Therefore future review by the NRC is                                 applicable to the temporary acceptance
                                                  However, no inspection vendor was able  not needed. For the period of extended                                of degradation, which could be a
                                                  to meet the depth-sizing requirements ofoperation, the application of Code Case                               through wall leak, and would permit a
                                                  0.125 inch root mean square (RMS)       N–702 is prohibited. Licensees that                                   vessel or tank to leak coolant for 26
                                                  error. The NRC staff granted relief to  wish to use Code Case N–702 in the                                    months without repair or replacement.
                                                  several licensees to allow the use of   period of extended operation may                                      The NRC finds it is unacceptable for
                                                  alternate depth-sizing requirements. Thesubmit relief requests based on                                       plant safety to permit a through wall
                                                  NRC reviewed the depth-sizing results   BWRVIP–241, Appendix A, ‘‘BWR                                         leak in vessels or tanks for 26 months
                                                  at the PDI for procedures able to achieve
                                                                                          Nozzle Radii and Nozzle-to-Vessel                                     without an ASME Code repair.
                                                  an RMS error over 0.125 inches but less Welds Demonstration of Compliance                                     Therefore, the NRC proposes the
                                                  than 0.25 inches. The review found that with the Technical Information                                        following condition on Code Case
                                                  the inspectors tend to oversize small   Requirements of the License Renewal                                   N–705: The ASME Code repair or
                                                  flaws and undersize deep flaws. The     Rule (10 CFR 54.21),’’ approved on                                    replacement activity temporarily
                                                  flaws sized by the inspectors as 50     April 26, 2017, or plant-specific                                     deferred under the provisions of this
                                                  percent though-wall or less were        probabilistic fracture mechanics                                      Code Case shall be performed during the
                                                  accurately or conservatively measured.  analyses. Therefore, the NRC proposes                                 next scheduled refueling outage. If a
                                                  There were, however, some instances of  to revise the RG 1.147, Revision 17,                                  flaw is detected during a scheduled
                                                  very large flaws being measured as      condition to reflect these changes.                                   shutdown, an ASME code repair is
                                                  significantly smaller than the true state, Consistent with the safety evaluations                             required before plant restart.
                                                  but they were not measured as less than for all prior ASME Code Case N–702
                                                                                                                                                                Code Case N–711–1 [Supplement 0,
                                                  50 percent through-wall.                requests, a condition on visual
                                                     Code Case N–696–1 changes the                                                                              2017 Edition]
                                                                                          examination is being added to clarify
                                                  depth sizing requirements for inner-    that the NRC is not relaxing the                                        Type: Revised.
                                                  surface examinations of test blocks of  licensees’ practice on VT–1 on nozzle                                   Title: Alternative Examination
                                                  2.1 inches or greater thickness to 0.25 inner radii.                                                          Coverage Requirements for Examination
                                                  inches. This change is consistent with     The revised conditions on Code Case                                Category B–F, B–J, C–F–1, C–F–2, and
                                                  the granted relief requests and with theN–702 state the following: The                                        R–A Piping Welds.
                                                  NRC staff review of the PDI test results.
                                                                                          applicability of Code Case N–702 for the                                Code Case N–711 was first listed as
                                                  The depth-sizing capabilities of the    first 40 years of operation must be                                   unacceptable for use by the NRC in
                                                  inspections does not provide sufficient demonstrated by satisfying the criteria                               Revision 3 of RG 1.193 in October 2010.
                                                  confidence in the ability of an inspector
                                                                                          in Section 5.0 of NRC Safety Evaluation                               Code Case N–711–1 was created to
                                                  qualified using a 0.25 inch RMS error toregarding BWRVIP–108 dated December                                   incorporate several NRC conditions for
                                                  accurately measure the depth of deep    18, 2007, (ADAMS Accession No.                                        the use of Code Case N–711. This Code
                                                  flaws. Therefore, the NRC proposes a    ML073600374) or Section 5.0 of NRC                                    Case provides requirements for
                                                  condition on Code Case N–696–1 that     Safety Evaluation regarding BWRVIP–                                   determining an alternative required
                                                  any surface-connected flaw sized over   241 dated April 19, 2013 (ADAMS                                       examination volume, which is defined
                                                  50 percent through-wall should be       Accession No. ML13071A240).                                           as the volume of primary interest based
                                                  considered of indeterminate depth.         The use of Code Case N–702 in the                                  on the postulated degradation
                                                                                          period of extended operation is                                       mechanism in a particular piping weld.
                                                  Code Case N–702 [Supplement 11, 2010                                                                            The NRC finds Code Case N–711–1
                                                                                          prohibited. If VT–1 is used, it shall
                                                  Edition]                                                                                                      acceptable with one condition. The
                                                                                          utilize ASME Code Case N–648–2,
                                                    Type: Revised.                        ‘‘Alternative Requirements for Inner                                  Code Case shall not be used to redefine
                                                    Title: Alternative Requirements for   Radius Examination of Class 1 Reactor                                 the required examination volume for
                                                  Boiling Water Reactor (BWR) Nozzle      Vessel Nozzles, Section XI Division 1,’’                              preservice examinations or when the
                                                  Inner Radius and Nozzle-to-Shell Welds, with the associated required conditions                               postulated degradation mechanism for
                                                  Section XI, Division 1.                 specified in Regulatory Guide 1.147.                                  piping welds is primary water stress
                                                    The NRC previously accepted with                                                                            corrosion cracking (PWSCC),
                                                  conditions Code Case N–702 in RG        Code Case N–705 (Errata) [Supplement                                  intergranular stress corrosion cracking
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  1.147, Revision 18. For Revision 19 of  11, 2010 Edition]                                                     (IGSCC) or crevice corrosion (CC). For
                                                  RG 1.147 the NRC proposes revisions to     Type: Revised.                                                     PWSCC, the staff finds that the
                                                  the conditions on Code Case N–702. The     Title: Evaluation Criteria for                                     examination volume must meet the
                                                  original conditions in RG 1.147,        Temporary Acceptance of Degradation                                   requirements of ASME Code Case
                                                  Revision 17, were consistent with the   in Moderate Energy Class 2 or 3 Vessels                               N–770–1 as conditioned by
                                                  established review procedure for        and Tanks.                                                            § 50.55a(g)(6)(ii)(F). For IGSCC and CC,
                                                  applications for use of Code Case N–702    The NRC has already accepted Code                                  the Code Case does not define a volume
                                                  before August 2014 for the original 40  Case N–705 in Regulatory Guide 1.147,                                 of primary interest and therefore it


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                                                  40694                 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  cannot be used for these degradation                    percent of the existing weld metal (i.e.,             be accepted by analytical evaluation in
                                                  mechanisms. The Code Case requires                      the base metal) intact. As such, the outer            accordance with IWB–3600 . . .
                                                  selection of an alternative inspection                  25 percent of the weld metal needs to                    This alternative would allow a flaw
                                                  location within the same risk region or                 be free of degradation prior to the                   with a maximum depth of 75 percent
                                                  category if it will improve the                         overlay installation. The Code Case is                through wall to remain in service in
                                                  examination coverage of the volume of                   not clear with regard to the condition of             accordance with the ASME Code,
                                                  primary interest. Use of the Code Case                  the outer 25 percent of the Alloy 82/182              Section XI, IWB–3643. Even if the inlay
                                                  must be identified in the licensee’s 90-                weld prior to the overlay installation.               or onlay will isolate the dissimilar metal
                                                  day post outage report of activities                    Therefore, the NRC proposes this                      weld from the reactor coolant to
                                                  identifying the examination category,                   condition to ensure that the outer 25                 minimize the potential for stress
                                                  weld number, weld description, percent                  percent of the base metal (the weld) has              corrosion cracking, the NRC finds that
                                                  coverage and a description of limitation.               no indications greater than 1/16 inches               having a 75 percent flaw in the Alloy
                                                  The NRC determined that the Code Case                   so that the structural integrity of the               82/182 weld does not provide
                                                  provides a suitable process for                         repaired weld is maintained.                          reasonable assurance of the structural
                                                  determining the appropriate volume of                                                                         integrity of the pipe. The NRC finds that
                                                  primary interest based on the                           Code Case N–766–1 [Supplement 1,
                                                                                                          2013 Edition]                                         the indication in the Alloy 82/182 weld
                                                  degradation mechanism postulated by                                                                           needs to be limited in size to ensure
                                                  the degradation mechanism analysis,                        Type: Revised.                                     structural integrity of the weld.
                                                  except as noted in the proposed                            Title: Nickel Alloy Reactor Coolant                   The second condition on Code Case
                                                  condition.                                              Inlay and Onlay for Mitigation of PWR                 N–766–1 is new and modifies the Code
                                                  Code Case N–754–1 [Supplement 1,                        Full Penetration Circumferential Nickel               Case to require that pipe with any
                                                  2013 Edition]                                           Alloy Dissimilar Metal Welds in Class 1               thickness of inlay or onlay must be
                                                                                                          Items.                                                evaluated for weld shrinkage, pipe
                                                     Type: Revised.                                                                                             system flexibility, and additional weight
                                                     Title: Optimized Structural Dissimilar                  Code Case N–766–1 contains
                                                                                                          provisions for repairing nickel-based                 of the inlay or onlay. Paragraph 2(e) of
                                                  Metal Weld Overlay for Mitigation of
                                                                                                          Alloy 82/182 dissimilar metal butt                    the Code Case states that:
                                                  PWR Class 1 Items.
                                                     The first condition on Code Case                     welds in Class 1 piping using weld inlay                 . . . If the inlay or onlay deposited in
                                                  N–754–1 is the same as the first                        and onlay. The NRC notes that the Code                accordance with this Case is thicker than
                                                  condition on N–754 that was first                       Case provides adequate requirements on                1/8t, where t is the original nominal DMW
                                                                                                          the design, installation, pressure testing,           [Dissimilar Metal Weld] thickness, the effects
                                                  approved by the NRC in Revision 18 of                                                                         of any change in applied loads, as a result of
                                                  RG 1.147 in January 2018. The                           and examinations of the inlay and                     weld shrinkage from the entire inlay or
                                                  condition stated that: ‘‘The conditions                 onlay. The NRC finds that the weld                    onlay, on other items in the piping system
                                                  imposed on the optimized weld overlay                   inlay and onlay using the Code Case                   (e.g., support loads and clearances, nozzle
                                                  design in the NRC safety evaluation for                 provides reasonable assurance that the                loads, and changes in system flexibility and
                                                  MRP–169, Revision 1–A (ADAMS                            structural integrity of the repaired pipe             weight due to the inlay or onlay) shall be
                                                  Accession Nos. ML101620010 and                          will be maintained. However, certain                  evaluated. Existing flaws previously accepted
                                                  ML101660468) must be satisfied.’’                       provisions of the Code Case are                       by analytical evaluation shall be evaluated in
                                                                                                          inadequate and therefore the NRC                      accordance with IWB–3640 . . .
                                                  When ASME revised
                                                  N–754, the code case was not modified                   proposes five conditions. The NRC staff                  The NRC finds that a pipe with any
                                                  in a way that would make it possible for                notes that the preservice and inservice               thickness of inlay or onlay must be
                                                  the NRC to remove the first condition.                  inspection requirements of inlay and                  evaluated for weld shrinkage, pipe
                                                  Therefore, the first condition would be                 onlay are specified in Code Case N–                   system flexibility, and additional weight
                                                  retained in Revision 19 of RG 1.147.                    770–1 as stated in Section 3(e) of Code               of the inlay or onlay.
                                                     The second condition on Code Case                    Case N–766–1.                                            The third condition on Code Case N–
                                                  N–754–1 is the same as the second                          The first condition on Code Case N–                766–1 is new. The third condition sets
                                                  condition on N–754 that was first                       766–1 is new and prohibits the                        re-examination requirements for inlay or
                                                  approved by the NRC in Revision 18 of                   reduction of preservice and inservice                 onlay when applied to an Alloy 82/182
                                                  RG 1.147 in January 2018. The                           inspection requirements specified by                  dissimilar metal weld with any
                                                  condition stated that: ‘‘2) The preservice              this Code Case for inlays or onlays                   indication that the weld exceeds the
                                                  and inservice inspections of the overlaid               applied to Alloy 82/182 dissimilar metal              acceptance standards of IWB–3514 and
                                                  weld must satisfy 10 CFR                                welds, which contain an axial                         is accepted for continued service in
                                                  50.55a(g)(6)(ii)(F).’’ When ASME revised                indication that has a depth of more than              accordance with IWB–3132.3 or IWB–
                                                  N–754, the code case was not modified                   25 percent of the pipe wall thickness                 3142.4. This condition states that the
                                                  in a way that would make it possible for                and a length of more than half axial                  subject weld must be inspected in three
                                                  the NRC to remove the second                            width of the dissimilar metal weld, or                successive examinations after the
                                                  condition. Therefore, the second                        a circumferential indication that has a               installation of the inlay or onlay. The
                                                  condition would be retained in Revision                 depth of more than 25 percent of the                  NRC has concerns regarding the fact that
                                                  19 of RG 1.147.                                         pipe wall thickness and a length of more              the Code Case permits indications
                                                     The third condition on Code Case N–                  than 20 percent of the circumference of               exceeding IWB–3514 to remain in
                                                  754–1 is new and states that the                                                                              service after inlay or onlay installation,
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                                                                                                          the pipe. Paragraph 1(c)(1) of the Code
                                                  optimized weld overlay in this Code                     Case states that:                                     based on analytical evaluation of IWB–
                                                  Case can only be installed on an Alloy                                                                        3600. The IWB–2420 requires three
                                                  82/182 weld where the outer 25 percent                    . . . Indications detected in the                   successive examinations for indications
                                                                                                          examination of 3(b)(1) that exceed the
                                                  of weld wall thickness does not contain                 acceptance standards of IWB–3514 shall be
                                                                                                                                                                that are permitted to remain in service
                                                  indications that are greater than 1/16                  corrected in accordance with the defect               per IWB–3600. The Code Case does not
                                                  inch in length or depth. The optimized                  removal requirements of IWA–4000.                     discuss the three successive
                                                  weld overlay is designed with the                       Alternatively, indications that do not meet           examinations. If an inlay or onlay is
                                                  structural support from the outer 25                    the acceptance standards of IWB–3514 may              applied to an Alloy 82/182 dissimilar


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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                          40695

                                                  metal weld that contains an indication                     Title: Ultrasonic Examination of Cast              including, but not limited to, 30 to 55
                                                  that exceeds the acceptance standards of                Austenitic Piping Welds From the                      degrees with a maximum increment of
                                                  IWB–3514 and is accepted for continued                  Outside Surface, Section XI, Division 1.              5 degrees.
                                                  service in accordance with IWB–3132.3                      Code Case N–824 is a new Code Case                   Existing regulations in § 50.55a
                                                  or IWB–3142.4, the subject weld must                    for the examination of cast austenitic                paragraphs (a)(1)(iii)(E) and
                                                  be inspected in three successive                        piping welds from the outside surface.                (b)(2)(xxxvii) discuss N–824 and the
                                                  examinations after inlay or onlay                       The NRC, using NUREG/CR–6933 and                      associated conditions. Because N–824
                                                  installation. The NRC proposes this                     NUREG/CR–7122, determined that                        would now be discussed in RG 1.147,
                                                  condition to ensure that the three                      inspections of cast austenitic stainless              the existing requirements are redundant.
                                                  successive examinations will be                         steel (CASS) materials are very                       These paragraphs would be removed.
                                                  performed.                                              challenging, and sufficient technical
                                                                                                          basis exists to condition the Code Case               Code Case N–829 [Supplement 0, 2013
                                                     The fourth condition on Code Case                    to bring the Code Case into agreement                 Edition]
                                                  N–766–1 is new and prohibits an inlay                   with the NUREG/CR reports. The                           Type: New.
                                                  or onlay with detectable subsurface                     NUREG/CR reports also show that CASS                     Title: Austenitic Stainless Steel
                                                  indication discovered by eddy current                   materials produce high levels of                      Cladding and Nickel Base Cladding
                                                  testing in the acceptance examinations                  coherent noise. The noise signals can be              Using Ambient Temperature Machine
                                                  from remaining in service. Operational                  confusing and mask flaw indications.                  GTAW Temper Bead Technique.
                                                  experience has shown that subsurface                       The use of dual element phased-array                  Code Case N–829 is a new Code Case
                                                  flaws on alloy 52 welds for upper heads                 search units showed the most promise                  for the use of automatic or machine
                                                  may be very near the surface. However,                  in obtaining meaningful responses from                GTAW temper bead technique for the
                                                  these flaws are undetectable by liquid                  flaws. For this reason, the NRC is                    repair of stainless steel cladding and
                                                  dye penetrant, as there are no surface                  proposing to add a condition to require               nickel-base cladding without the
                                                  breaking aspects during initial                         the use of dual, transmit-receive,                    specified preheat or postweld heat
                                                  construction. Nevertheless, in multiple                 refracted longitudinal wave, multi-                   treatment in Section XI, Paragraph
                                                  cases, after a plant goes through one or                element phased array search units when                IWA–4411.
                                                  two cycles of operation, these defects                  utilizing N–824 for the examination of                   The NRC finds the Code Case
                                                  become exposed to the primary coolant.                  CASS components.                                      acceptable on the condition that the
                                                  The exposure of these subsurface                           The optimum inspection frequencies                 provisions of Code Case N–829,
                                                  defects to primary coolant challenges                   for examining CASS components of                      paragraph 3(e)(2) or 3(e)(3) may only be
                                                  the effectiveness of the alloy 52 weld                  various thicknesses are described in                  used when it is impractical to use the
                                                  mitigation of only 3mm in total                         NUREG/CR–6933 and NUREG/CR–7122.                      interpass temperature measurement
                                                  thickness. In the upper head scenario,                  For this reason, the NRC is proposing to              methods described in 3(e)(1), such as in
                                                  these welds are inspected each outage.                  add a condition to require that                       situations where the weldment area is
                                                  In order to allow the extension of the                  ultrasonic examinations performed to                  inaccessible (e.g., internal bore welding)
                                                  inspection frequency to that defined by                 implement ASME BPV Code Case N–                       or when there are extenuating
                                                  § 50.55a(g)(6)(ii)(F), the NRC found that               824 on piping greater than 1.6 inches                 radiological conditions. The NRC has
                                                  all detectable subsurface indications by                thick shall use a phased array search                 determined that interpass temperature
                                                  eddy current examination should be                      unit with a center frequency of 500 kHz               measurement is critical to obtaining
                                                  removed from the alloy 52 weld layer.                   with a tolerance of +/¥ 20 percent.                   acceptable corrosion resistance and/or
                                                                                                             The NUREG/CR–6933 shows that the                   notch toughness in a weld. Only in
                                                     The fifth condition on Code Case                     grain structure of CASS can reduce the
                                                  N–766–1 is new and requires that the                                                                          areas which are totally inaccessible to
                                                                                                          effectiveness of some inspection angles,              temperature measurement devices or
                                                  flaw analysis of paragraph 2(d) of the                  namely angles including, but not
                                                  Code Case shall also consider primary                                                                         when there are extenuating radiological
                                                                                                          limited to, 30 to 55 degrees with a                   conditions shall alternate methods be
                                                  water stress corrosion cracking growth                  maximum increment of 5 degrees.
                                                  in the circumferential and axial                                                                              allowed such as the calculation method
                                                                                                          Because the NRC is requiring the use of               from section 3(e)(2) in ASME Code Case
                                                  directions, in accordance with IWB–                     a phased array search unit, the NRC
                                                  3640. The postulated flaw evaluation in                                                                       N–829 or the weld coupon test method
                                                                                                          finds that the use of the phased array                shown in section 3(e)(3) in ASME Code
                                                  the Code Case only requires a fatigue                   search unit must be limited so that the
                                                  analysis. Conservative generic analysis                                                                       Case N–829.
                                                                                                          unit is used at inspection angles that
                                                  by the NRC has raised the concern that                  would provide acceptable results. For                 Code Case N–830 [Supplement 7, 2013
                                                  a PWSCC could potentially grow                          this reason, the NRC is adding a                      Edition]
                                                  through the inner alloy 52 weld layer                   condition to require that ultrasonic                    Type: New.
                                                  and into the highly susceptible alloy 82/               examinations performed to implement                     Title: Direct Use of Master Fracture
                                                  182 weld material, to a depth of 75                     ASME BPV Code Case N–824 shall use                    Toughness Curve for Pressure-Retaining
                                                  percent through-wall, within the period                 a phased array search unit that produce               Materials of Class 1 Vessels.
                                                  of reexamination frequency required by                  angles including, but not limited to, 30                Code Case N–830 is a new Code Case
                                                  § 50.55a(g)(6)(ii)(F). Therefore, users of              to 55 degrees with a maximum                          introduced in the 2013 Edition of the
                                                  this Code Case will verify, for each                    increment of 5 degrees. Therefore, the                ASME Code. This Code Case outlines
                                                  weld, that a primary water stress                       NRC finds Code Case N–824 acceptable                  the use of a material specific master
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                                                  corrosion crack will not reach a depth                  with the following poroposed                          curve as an alternative fracture
                                                  of 75 percent through-wall within the                   conditions: (1) Instead of Paragraph                  toughness curve for crack initiation, KIC,
                                                  required re-inspection interval due to                  1(c)(1)(–c)(–2), licensees shall use a                in Section XI, Division 1, Appendices A
                                                  PWSCC.                                                  phased array search unit with a center                and G, for Class 1 pressure retaining
                                                  Code Case N–824 [Supplement 11, 2010                    frequency of 500 kHz with a tolerance                 materials, other than bolting.
                                                  Edition]                                                of ± 20 percent, and (2) instead of                     The NRC finds the Code Case
                                                                                                          Paragraph 1(c)(1)(–d), the phased array               acceptable with one condition to
                                                     Type: New.                                           search unit must produce angles                       prohibit the use of the provision in


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                                                  40696                 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  Paragraph (f) of the Code Case that                     weld fabrication examinations followed                Code Case is limited to be applied to
                                                  allows for the use of an alternative to                 by the use of UT for pre-service                      thermally aged CASS material types as
                                                  limiting the lower shelf of the 95                      inspections (PSI) and ISI ensures that                listed with normal operating
                                                  percent lower tolerance bound Master                    workmanship is maintained (with                       temperatures between 500 °F and
                                                  Curve toughness, KJC-lower 95%, to a value              radiographic testing) while potentially               662 °F. The Code Case is not applicable
                                                  consistent with the current KIC curve.                  critical planar fabrication flaws are not             for evaluation of detected flaws. Section
                                                  Code Case N–830 contains provisions                     put into service (with UT). Until studies             3 of the Code Case provides specific
                                                  for using the KJC-lower 95% curve and the               are completed that demonstrate the                    analytical evaluation procedures for the
                                                  master curve-based reference                            ability of UT to replace radiographic                 pipe mean-radius-to-thickness ratio
                                                  temperature To as an alternative to the                 testing (repair/replacement activity), the            greater than 10 and for those with a ratio
                                                  KIC curve and the nil-ductility transition              NRC will not generically allow the                    less than 10. Tables 1 through 4 provide
                                                  reference temperature RTNDT in                          substitute of UT in lieu of radiographic              the maximum tolerable flaw depth-to-
                                                  Appendices A and G of the ASME Code,                    testing for weld fabrication                          thickness ratio for circumference and
                                                  Section XI. To is determined in                         examinations. In addition, ultrasonic                 axial flaws.
                                                  accordance with ASTM International                      examinations are not equivalent to
                                                  Standard E 1921, ‘‘Standard Test                        radiographic examinations as they use                    However, the NRC finds paragraph
                                                  Method for the Determination of                         different physical mechanisms to detect               3(c) of the Code Case to be inadequate.
                                                  Reference Temperature, To, for Ferritic                 and characterize discontinuities. These               Paragraph 3(c) specifies that for delta
                                                  Steels in the Transition Range,’’ from                  differences in physical mechanisms                    ferrite exceeding 25 percent, or pipe
                                                  direct fracture toughness testing data.                 result in several key differences in                  mean radius-to-thickness ratio, R/t,
                                                  The RTNDT is determined in accordance                   sensitivity and discrimination                        exceeding 10, the flaw tolerance
                                                  with ASME Code, Section III, NB–2330,                   capability. As a result of these                      evaluation shall be performed except
                                                  ‘‘Test Requirements and Acceptance                      differences, as well as in consideration              that representative data shall be used to
                                                  Standards,’’ from indirect Charpy V-                    of the inherent strengths of each of the              determine the maximum tolerable flaw
                                                  notch testing data, and RG 1.99,                        methods, the two methods are not                      depths applicable to the CASS base
                                                  Revision 2, ‘‘Radiation Embrittlement of                considered to be interchangeable, but                 metal and R/t in lieu of Tables 1 through
                                                  Reactor Vessel Materials.’’ Considering                 are considered complementary.                         4 of the Code Case.
                                                  the entire test data at a wide range of T–              Therefore, the NRC determined that this                  The NRC notes that there are
                                                  RTNDT (¥400 °F to 100 °F), the NRC                      Code Case is not acceptable for use on                insufficient fracture toughness data for
                                                  found that the current KIC curve also                   new reactor construction.                             cast austenitic stainless steel that is
                                                  represents approximately a 95 percent                                                                         greater than 25 percent in the open
                                                                                                          Code Case N–838 [Supplement 2, 2015
                                                  lower tolerance bound for the data.                                                                           source literature. As such, the NRC
                                                                                                          Edition]
                                                  Thus, using KJC-lower 95% curve based on                                                                      needs to review flaw tolerance
                                                  the Master Curve is acceptable.                            Type: New.
                                                                                                             Title: Flaw Tolerance Evaluation of                evaluations to ensure that they are
                                                  However, since Paragraph (f) provides a                                                                       performed with adequate conservatism.
                                                  significant deviation from the KJC-lower                Cast Austenitic Stainless Steel Piping
                                                                                                          Section XI, Division 1.                               Therefore, the NRC proposes a
                                                  95% curve for (T–To) below ¥115 °F in                                                                         condition to prohibit the use of this
                                                  a non-conservative manner without                          The NRC proposes to approve Code
                                                                                                          Case N–838 with the following                         Code Case where delta ferrite in cast
                                                  justification, the NRC determined that                                                                        austenitic stainless steel piping exceeds
                                                  Paragraph (f) of N–830 must not be                      condition: Code Case N–838 shall not be
                                                                                                          used to evaluate flaws in cast austenitic             25 percent.
                                                  applied when using N–830.
                                                                                                          stainless steel piping where the delta                Code Case N–843 [Supplement 4, 2013
                                                  Code Case N–831 [Supplement 0, 2017                     ferrite content exceeds 25 percent.                   Edition]
                                                  Edition]                                                   Code Case N–838 contains provisions
                                                     Type: New.                                           for performing a postulated flaw                         Type: New.
                                                     Title: Ultrasonic Examination in Lieu                tolerance evaluation of ASME Class 1
                                                                                                                                                                   Title: Alternative Pressure Testing
                                                  of Radiography for Welds in Ferritic                    and 2 CASS piping with delta ferrite
                                                                                                                                                                Requirements Following Repairs or
                                                  Pipe.                                                   exceeding 20 percent. The Code Case
                                                                                                                                                                Replacements for Class 1 Piping
                                                     Code Case N–831 is a new Code Case,                  provides a recommended target flaw
                                                                                                                                                                between the First and Second Inspection
                                                  which provides an alternative to                        size for the qualification of
                                                                                                                                                                Isolation Valves, Section XI, Division 1.
                                                  radiographic testing when it is required                nondestructive examination methods,
                                                  by the construction code for Section Xl                 along with an approach that may be                       Code Case N–843 is consistent with
                                                  repair/replacement activities. This Code                used to justify a larger target flaw size,            alternatives that have been granted by
                                                  Case describes the requirements for                     if needed. The Code Case is intended for              the NRC. The NRC is concerned about
                                                  inspecting ferritic welds for fabrication               the flaw tolerance evaluation of                      return lines being included that could
                                                  flaws using Ultrasonic Testing (UT) as                  postulated flaws in CASS base metal                   allow significantly lower pressures to be
                                                  an alternative to the current                           adjacent to welds, in conjunction with                used on Class 1 portions of return lines.
                                                  requirements to use radiography. The                    license renewal commitments. The NRC                  Therefore, the NRC proposes a
                                                  Code Case describes the scanning                        notes that the Code Case is limited in                condition to ensure the injection lines
                                                  methods, recordkeeping and                              application and provides restrictions so              are tested at the highest pressure of the
                                                  performance demonstration                               that the Code Case will not be misused.               line’s intended safety function. If the
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                                                  qualification requirements for the                      For example, the Code Case is                         portions of the system requiring
                                                  ultrasonic procedures, equipment, and                   applicable to portions of Class 1 and 2               pressure testing are associated with
                                                  personnel.                                              piping comprised of SA–351 statically-                more than one safety function, the
                                                     The NRC finds the Code Case                          or centrifugally-cast Grades CF3, CF3A,               pressure test and visual examination
                                                  acceptable with the condition that it is                CF3M, CF8, CF8A and CF8M base metal                   VT–2 shall be performed during a test
                                                  prohibited for use in new reactor                       with delta ferrite exceeding 20 percent               conducted at the higher of the operating
                                                  construction. History has shown that the                and niobium or columbium content not                  pressures for the respective system
                                                  combined use of radiographic testing for                greater than 0.2 weight percent. This                 safety functions.


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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                          40697

                                                  Code Case N–849 [Supplement 7, 2013                     3. ASME Operation and Maintenance                     in a way that would make it possible for
                                                  Edition]                                                Code Cases (DG–1343/RG 1.192)                         the NRC to remove the conditions.
                                                                                                          Code Case OMN–1 Revision 2 [2017                      Therefore, the conditions would be
                                                     Type: New.                                                                                                 retained in Revision 3 of RG 1.192.
                                                                                                          Edition]
                                                     Title: In Situ VT–3 Examination of                                                                         Code Case OMN–12 [2017 Edition]
                                                  Removable Core Support Structures                         Type: Revised.
                                                  Without Removal.                                          Title: Alternative Rules for Preservice               Type: Reaffirmed.
                                                                                                          and Inservice Testing of Active Electric                Title: Alternative Requirements for
                                                     Code Case N–849 is a new Code Case                   Motor-Operated Valve Assemblies in                    Inservice Testing Using Risk Insights for
                                                  introduced in the 2013 Edition of ASME                  Light-Water Reactor Power Plants.                     Pneumatically and Hydraulically
                                                  Code. This Code Case is meant to                          The proposed conditions on Code                     Operated Valve Assemblies in Light-
                                                  provide guidelines for allowing the VT–                 Case OMN–1, Revision 2 [2017 Edition]                 Water Reactor Power Plants (OM-Code
                                                  3 inspection requirements of Table                      are identical to the conditions on OMN–               1998, Subsection ISTC).
                                                  IWB–2500–1 for preservice or inservice                  1 Revision 1 [2012 Edition] that were                   The proposed conditions on Code
                                                  inspections of the core support                         approved by the NRC in Revision 2 of                  Case OMN–12 [2017 Edition] are
                                                  structures to be performed without the                  RG 1.192 in January 2018. When ASME                   identical to the conditions on OMN–12
                                                  removal of the core support structure.                  revised OMN–1, the code case was not                  [2012 Edition] that were approved by
                                                  The NRC finds the Code Case acceptable                  modified in a way that would make it                  the NRC in Revision 2 of RG 1.192 in
                                                  with two proposed conditions.                           possible for the NRC to remove the                    January 2018. When ASME revised
                                                     The first condition on Code Case N–                  conditions. Therefore the conditions                  OMN–12, the code case was not
                                                  849 limits the use of the Code Case to                  would be retained in Revision 3 of RG                 modified in a way that would make it
                                                  plants that are designed with accessible                1.192.                                                possible for the NRC to remove the
                                                  core support structures to allow for in                 Code Case OMN–3 [2017 Edition]                        conditions. Therefore, the conditions
                                                  situ inspection. Code Case N–849 allows                                                                       would be retained in Revision 3 of RG
                                                  the performance of VT–3 preservice or                     Type: Reaffirmed.                                   1.192.
                                                  inservice visual examinations of                          Title: Requirements for Safety
                                                                                                          Significance Categorization of                        Code Case OMN–18 [2017 Edition]
                                                  removable core support structures in
                                                  situ using a remote examination system.                 Components Using Risk Insights for                      Type: Reaffirmed.
                                                  A provision of the Code Case is that all                Inservice Testing of LWR Power Plants.                  Title: Alternate Testing Requirements
                                                  surfaces accessible for examination                       The proposed conditions on Code                     for Pumps Tested Quarterly Within
                                                  when the structure is removed shall be                  Case OMN–3 [2017 Edition] are                         ±20% of Design Flow.
                                                  accessible when the structure is in situ,               identical to the conditions on OMN–3                    The proposed conditions on Code
                                                  except for load bearing and contact                     [2012 Edition] that were approved by                  Case OMN–18 [2017 Edition] are
                                                  surfaces, which would only be                           the NRC in Revision 2 of RG 1.192 in                  identical to the conditions on OMN–18
                                                  inspected when the core barrel is                       January 2018. When ASME revised                       [2012 Edition] that were approved by
                                                  removed. Designs for new reactors, such                 OMN–3, the code case was not modified                 the NRC in Revision 2 of RG 1.192 in
                                                  as small modular reactors, may include                  in a way that would make it possible for              January 2018. When ASME revised
                                                  accessibility of the annulus between the                the NRC to remove the conditions.                     OMN–18, the code case was not
                                                  core barrel and the reactor vessel.                     Therefore the conditions would be                     modified in a way that would make it
                                                  Unlike new reactor designs, currently                   retained in Revision 3 of RG 1.192.                   possible for the NRC to remove the
                                                  operating plants were not designed to                   Code Case OMN–4 [2017 Edition]                        conditions. Therefore, the conditions
                                                  allow in situ VT–3 examinations. There                                                                        would be retained in Revision 3 of RG
                                                                                                            Type: Reaffirmed.                                   1.192.
                                                  are no industry survey results of the
                                                                                                            Title: Requirements for Risk Insights
                                                  current fleet to provide an evaluation of                                                                     Code Case OMN–19 [2017 Edition]
                                                                                                          for Inservice Testing of Check Valves at
                                                  operating plant inspection findings.
                                                                                                          LWR Power Plants.                                       Type: Reaffirmed.
                                                  Therefore, applicability to the designs of
                                                                                                            The proposed conditions on Code                       Title: Alternative Upper Limit for the
                                                  currently operating plants has not been
                                                                                                          Case OMN–4 [2017 Edition] are                         Comprehensive Pump Test.
                                                  satisfactorily addressed.
                                                                                                          identical to the conditions on OMN–4                    The proposed conditions on Code
                                                     The second condition on Code Case                    [2012 Edition] that were approved by                  Case OMN–19 [2017 Edition] are
                                                  N–849 requires that prior to initial plant              the NRC in Revision 2 of RG 1.192 in                  identical to the conditions on OMN–19
                                                  startup, the VT–3 preservice                            January 2018. When ASME revised                       [2012 Edition] that were approved by
                                                  examination shall be performed with                     OMN–4, the code case was not modified                 the NRC in Revision 2 of RG 1.192 in
                                                  the core support structure removed, as                  in a way that would make it possible for              January 2018. When ASME revised
                                                  required by ASME Section XI, IWB–                       the NRC to remove the conditions.                     OMN–19, the code case was not
                                                  2500–1, and shall include all surfaces                  Therefore, the conditions would be                    modified in a way that would make it
                                                  that are accessible when the core                       retained in Revision 3 of RG 1.192.                   possible for the NRC to remove the
                                                  support structure is removed, including                                                                       conditions. Therefore, the conditions
                                                  all load bearing and contact surfaces.                  Code Case OMN–9 [2017 Edition]
                                                                                                                                                                would be retained in Revision 3 of RG
                                                  The NRC has concerns that a preservice                    Type: Reaffirmed.                                   1.192.
                                                  examination would not be performed on                     Title: Use of a Pump Curve for
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                                                  the load bearing and contact surfaces                   Testing.                                              Code Case OMN–20 [2017 Edition]
                                                  even though the surfaces would be                         The proposed conditions on Code                        Type: Reaffirmed.
                                                  accessible prior to installing the core                 Case OMN–9 [2017 Edition] are                            Title: Inservice Test Frequency.
                                                  support structure. There is also no                     identical to the conditions on OMN–9                     This Code Case is applicable to the
                                                  evidence that the in situ examination                   [2012 Edition] that were approved by                  editions and addenda of the OM Code
                                                  will achieve the same coverage as the                   the NRC in Revision 2 of RG 1.192 in                  listed in § 50.55a(a)(1)(iv).
                                                  examination with the core support                       January 2018. When ASME revised                          With the acceptance of Code Case
                                                  structure removed.                                      OMN–9, the code case was not modified                 OMN–20 in RG 1.192, Revision 3,


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                                                  40698                 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  paragraphs (a)(1)(iii)(G) and (b)(3)(x) in              ‘‘Revision 37’’ and adding in its place                  Similarly, voluntary application of an
                                                  § 50.55a accepting Code Case OMN–20                     ‘‘Revision 38.’’                                      approved Code Case by a 10 CFR part
                                                  are unnecessary and would be removed                                                                          52 applicant or licensee does not
                                                                                                          Paragraph (a)(3)(ii)
                                                  with this proposed rule.                                                                                      represent NRC imposition of a
                                                                                                             This proposed rule would revise the                requirement or action, which is
                                                  C. ASME Code Cases not Approved for                     reference to ‘‘NRC Regulatory Guide                   inconsistent with any issue finality
                                                  Use (DG–1344/RG 1.193)                                  1.147, Revision 18,’’ by removing                     provision in 10 CFR part 52. For these
                                                     The ASME Code Cases that are                         ‘‘Revision 18’’ and adding in its place               reasons, the NRC finds that this
                                                  currently issued by the ASME but not                    ‘‘Revision 19.’’                                      proposed rule does not involve any
                                                  approved for generic use by the NRC are                 Paragraph (a)(3)(iii)                                 provisions requiring the preparation of
                                                  listed in RG 1.193, ‘‘ASME Code Cases                                                                         a backfit analysis or documentation
                                                                                                             This proposed rule would revise the
                                                  not Approved for Use.’’ In addition to                                                                        demonstrating that one or more of the
                                                                                                          reference to ‘‘NRC Regulatory Guide
                                                  ASME Code Cases that the NRC has                                                                              issue finality criteria in 10 CFR part 52
                                                                                                          1.192, Revision 2,’’ by removing
                                                  found to be technically or                                                                                    are met.
                                                                                                          ‘‘Revision 2’’ and adding in its place
                                                  programmatically unacceptable, RG
                                                                                                          ‘‘Revision 3.’’                                       VIII. Plain Writing
                                                  1.193 includes Code Cases on reactor
                                                  designs for high-temperature gas-cooled                 Paragraph (b)(2)(xxxvii)                                 The Plain Writing Act of 2010 (Pub.
                                                  reactors and liquid metal reactors,                       This proposed rule would remove                     L. 111–274) requires Federal agencies to
                                                  reactor designs not currently licensed by               paragraph (b)(2)(xxxvii).                             write documents in a clear, concise, and
                                                  the NRC, and certain requirements in                                                                          well-organized manner. The NRC has
                                                  Section III, Division 2, for submerged                  Paragraph (b)(3)(x)                                   written this document to be consistent
                                                  spent fuel waste casks, that are not                      This proposed rule would remove and                 with the Plain Writing Act as well as the
                                                  endorsed by the NRC. Regulatory Guide                   reserve paragraph (b)(3)(x).                          Presidential Memorandum, ‘‘Plain
                                                  1.193 complements RGs 1.84, 1.147, and                                                                        Language in Government Writing,’’
                                                                                                          V. Regulatory Flexibility Certification               published June 10, 1998 (63 FR 31883).
                                                  1.192. It should be noted that the NRC
                                                  is not proposing to adopt any of the                       As required by the Regulatory                      The NRC requests comment on this
                                                  Code Cases listed in RG 1.193. However,                 Flexibility Act (5 U.S.C. 605(b)), the                document with respect to the clarity and
                                                  comments have been submitted in the                     Commission certifies that this rule, if               effectiveness of the language used.
                                                  past on certain Code Cases listed in RG                 adopted, will not have a significant
                                                                                                          economic impact on a substantial                      IX. Environmental Assessment and
                                                  1.193 where the commenter believed
                                                                                                          number of small entities. This proposed               Proposed Finding of No Significant
                                                  that additional technical information
                                                                                                          rule affects only the licensing and                   Environmental Impact
                                                  was available that might not have been
                                                  considered by the NRC in its                            operation of nuclear power plants. The                  The Commission has determined
                                                  determination to not approve the use of                 companies that own these plants do not                under the National Environmental
                                                  these Code Cases. While the NRC will                    fall within the scope of the definition of            Policy Act (NEPA) of 1969, as amended,
                                                  consider those comments, the NRC is                     ‘‘small entities’’ set forth in the                   and the Commission’s regulations in
                                                  not requesting comment on RG 1.193 at                   Regulatory Flexibility Act or the size                subpart A of 10 CFR part 51, that this
                                                  this time. Any changes in the NRC’s                     standards established by the NRC (10                  rule, if adopted, would not be a major
                                                  non-approval of such Code Cases will be                 CFR 2.810).                                           Federal action significantly affecting the
                                                  the subject of an additional opportunity                VI. Regulatory Analysis                               quality of the human environment;
                                                  for public comment.                                                                                           therefore, an environmental impact
                                                                                                             The NRC has prepared a draft                       statement is not required.
                                                  IV. Section-by-Section Analysis                         regulatory analysis on this proposed
                                                                                                          regulation. The analysis examines the                   The determination of this
                                                   The following paragraphs in § 50.55a                   costs and benefits of the alternatives                environmental assessment is that there
                                                  would be revised as follows:                            considered by the NRC. The NRC                        will be no significant effect on the
                                                                                                          requests public comment on the draft                  quality of the human environment from
                                                  Paragraph (a)(1)(iii)(E)
                                                                                                          regulatory analysis. The regulatory                   this action. Interested parties should
                                                    This proposed rule would remove and                   analysis is available as indicated in the             note, however, that comments on any
                                                  reserve paragraph (a)(1)(iii)(E).                       ‘‘Availability of Documents’’ section of              aspect of this environmental assessment
                                                                                                          this document. Comments on the draft                  may be submitted to the NRC as
                                                  Paragraph (a)(1)(iii)(G)
                                                                                                          analysis may be submitted to the NRC                  indicated under the ADDRESSES section
                                                    This proposed rule would remove                       as indicated under the ADDRESSES                      of this document.
                                                  paragraph (a)(1)(iii)(G).                               caption of this document.                               As voluntary alternatives to the ASME
                                                  Paragraph (a)(3)                                                                                              Code, NRC-approved Code Cases
                                                                                                          VII. Backfitting and Issue Finality                   provide an equivalent level of safety.
                                                    This proposed rule would include a                      The provisions in this proposed rule                Therefore, the probability or
                                                  condition in paragraph (a)(3) stating that              would allow licensees and applicants to               consequences of accidents is not
                                                  the Code Cases listed in RGs 1.84, 1.147,               voluntarily apply NRC-approved Code                   changed. There are also no significant,
                                                  and 1.192 may be applied with the                       Cases, sometimes with NRC-specified                   non-radiological impacts associated
                                                  specified conditions when                               conditions. The approved Code Cases                   with this action because no changes
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  implementing the editions and addenda                   are listed in three RGs that are proposed             would be made affecting non-
                                                  of the ASME BPV and OM Codes                            to be incorporated by reference into                  radiological plant effluents and because
                                                  incorporated by reference in § 50.55a.                  § 50.55a. An applicant’s or a licensee’s              no changes would be made in activities
                                                                                                          voluntary application of an approved                  that would adversely affect the
                                                  Paragraph (a)(3)(i)
                                                                                                          Code Case does not constitute                         environment. The determination of this
                                                    This proposed rule would revise the                   backfitting, inasmuch as there is no                  environmental assessment is that there
                                                  reference to ‘‘NRC Regulatory Guide                     imposition of a new requirement or new                will be no significant offsite impact to
                                                  1.84, Revision 37,’’ by removing                        position.                                             the public from this action.


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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                          40699

                                                  X. Paperwork Reduction Act Statement                    ADAMS under Accession No.                             Cases are national consensus standards
                                                     This proposed rule contains new or                   ML18099A046 or may be viewed free of                  as defined in the National Technology
                                                  amended collections of information                      charge at the NRC’s PDR, One White                    Transfer and Advancement Act of 1995
                                                  subject to the Paperwork Reduction Act                  Flint North, 11555 Rockville Pike, Room               and OMB Circular A–119. The ASME
                                                  of 1995 (44 U.S.C. 3501 et seq.). This                  O–1 F21, Rockville, MD 20852. You                     Code Cases constitute voluntary
                                                  proposed rule has been submitted to the                 may obtain information and comment                    consensus standards, in which all
                                                  Office of Management and Budget                         submissions related to the OMB                        interested parties (including the NRC
                                                  (OMB) for approval of the information                   clearance package by searching on                     and licensees of nuclear power plants)
                                                  collections.                                            http://www.regulations.gov under                      participate. The NRC invites comment
                                                     Type of submission, new or revision:                 Docket ID NRC–2017–0024.                              on the applicability and use of other
                                                  Revision.                                                  You may submit comments on any                     standards.
                                                     The title of the information collection:             aspect of these proposed information
                                                                                                                                                                XII. Incorporation by Reference
                                                  Domestic Licensing of Production and                    collections, including suggestions for
                                                                                                          reducing the burden and on the four                      The NRC proposes to incorporate by
                                                  Utilization.
                                                     Facilities: Updates to Incorporation by              issues, by the following methods:                     reference three NRC RGs that list new
                                                  Reference and Regulatory Guides.                           • Federal Rulemaking website: Go to                and revised ASME Code Cases that the
                                                     The form number if applicable: Not                   http://www.regulations.gov and search                 NRC has approved as voluntary
                                                  applicable.                                             for Docket ID NRC–2017–0024.                          alternatives to certain provisions of
                                                     How often the collection is required:                   • Mail comments to: Information                    NRC-required Editions and Addenda of
                                                  On occasion.                                            Services Branch, Office of the Chief                  the ASME BPV Code and the ASME OM
                                                     Who will be required or asked to                     Information Officer, Mail Stop: T–2F43,               Code. The draft regulatory guides DG–
                                                  report: Operating power reactor                         U.S. Nuclear Regulatory Commission,                   1345, DG–1342, and DG–1343 will
                                                  licensees and applicants for power                      Washington, DC 20555–0001 or to the                   correspond to final RG 1.84, Revision
                                                  reactors under construction.                            OMB reviewer at: OMB Office of                        38; RG 1.147, Revision 19; and RG
                                                     An estimate of the number of annual                  Information and Regulatory Affairs                    1.192, Revision 3, respectively. A
                                                  responses: ¥24 (reduction).                             (3150–0011) Attn: Desk Officer for the                summary of the material the NRC
                                                     The estimated number of annual                       Nuclear Regulatory Commission, 725                    proposes to incorporate by reference is
                                                  respondents: ¥24 (reduction).                           17th Street NW, Washington, DC 20503;                 provided in the ‘‘Discussion’’ section of
                                                     An estimate of the total number of                   email: oira_submission@omb.eop.gov.                   this document.
                                                  hours needed annually to complete the                      Submit comments by September 17,                      The NRC is required to obtain
                                                  requirement or request: ¥9,120 hours                    2018. Comments received after this date               approval for incorporation by reference
                                                  (reduction of reporting hours.)                         will be considered if it is practical to do           from the Office of the Federal Register
                                                     Abstract: This proposed rule is the                  so, but the NRC staff is able to ensure               (OFR) as set forth in 1 CFR part 51. The
                                                  latest in a series of rulemakings that                  consideration only for comments                       OFR regulations require an agency to
                                                  incorporate by reference the latest                     received on or before this date.                      include in a proposed rule a discussion
                                                  versions of several Regulatory Guides                                                                         of the ways that the materials the agency
                                                                                                          Public Protection Notification                        proposes to incorporate by reference are
                                                  identifying new and revised
                                                  unconditionally or conditionally                          The NRC may not conduct or sponsor,                 reasonably available to interested
                                                  acceptable ASME Code Cases that are                     and a person is not required to respond               parties or how it worked to make those
                                                  approved for use. The incorporation by                  to, a collection of information unless the            materials reasonably available to
                                                  reference of these Code Cases will                      document requesting or requiring the                  interested parties. The discussion in this
                                                  reduce the number of alternative                        collection displays a currently valid                 section complies with the requirement
                                                  requests submitted by licensees under                   OMB control number.                                   for proposed rules as set forth in 1 CFR
                                                  § 50.55a(z) by an estimated 24 requests                 XI. Voluntary Consensus Standards                     51.5(a)(1).
                                                  annually.                                                                                                        The NRC considers ‘‘interested
                                                     The NRC is seeking public comment                      The National Technology Transfer                    parties’’ to include all potential NRC
                                                  on the potential impact of the                          and Advancement Act of 1995, Pub. L.                  stakeholders, not only the individuals
                                                  information collections contained in                    104–113, requires that Federal agencies               and entities regulated or otherwise
                                                  this proposed rule and on the following                 use technical standards that are                      subject to the NRC’s regulatory
                                                  issues:                                                 developed or adopted by voluntary                     oversight. These NRC stakeholders are
                                                     1. Is the proposed information                       consensus standards bodies unless                     not a homogenous group, so the
                                                  collection necessary for the proper                     using such a standard is inconsistent                 considerations for determining
                                                  performance of the functions of the                     with applicable law or is otherwise                   ‘‘reasonable availability’’ vary by class
                                                  NRC, including whether the information                  impractical. In this proposed rule, the               of interested parties. The NRC identifies
                                                  will have practical utility?                            NRC is continuing to use ASME BPV                     six classes of interested parties with
                                                     2. Is the estimate of the burden of the              and OM Code Cases, which are ASME-                    regard to the material to be incorporated
                                                  proposed information collection                         approved voluntary alternatives to                    by reference in an NRC rule:
                                                  accurate?                                               compliance with various provisions of                    • Individuals and small entities
                                                     3. Is there a way to enhance the                     the ASME BPV and OM Codes. The                        regulated or otherwise subject to the
                                                  quality, utility, and clarity of the                    NRC’s approval of the ASME Code                       NRC’s regulatory oversight. This class
                                                  information to be collected?                            Cases is accomplished by amending the                 includes applicants and potential
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                                                     4. How can the burden of the                         NRC’s regulations to incorporate by                   applicants for licenses and other NRC
                                                  proposed information collection on                      reference the latest revisions of the                 regulatory approvals, and who are
                                                  respondents be minimized, including                     following, which are the subject of this              subject to the material to be
                                                  the use of automated collection                         rulemaking, into § 50.55a: RG 1.84,                   incorporated by reference. In this
                                                  techniques or other forms of information                Revision 38; RG 1.147, Revision 19; and               context, ‘‘small entities’’ has the same
                                                  technology?                                             RG 1.192, Revision 3. These RGs list the              meaning as set out in 10 CFR 2.810.
                                                     A copy of the OMB clearance package                  ASME Code Cases that the NRC has                         • Large entities otherwise subject to
                                                  and proposed rule is available in                       approved for use. The ASME Code                       the NRC’s regulatory oversight. This


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                                                  40700                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                  class includes applicants and potential                                    The three draft RGs that the NRC                                     incorporation by reference, are
                                                  applicants for licenses and other NRC                                   proposes to incorporate by reference in                                 reasonably available to all interested
                                                  regulatory approvals, and who are                                       this proposed rule are available without                                parties.
                                                  subject to the material to be                                           cost and can be read online,
                                                  incorporated by reference. In this                                      downloaded, or viewed, by                                               XIII. Availability of Documents
                                                  context, a ‘‘large entity’’ is one that does                            appointment, at the NRC Technical                                          The documents identified in the
                                                  not qualify as a ‘‘small entity’’ under 10                              Library, which is located at Two White                                  following tables are available to
                                                  CFR 2.810.                                                              Flint North, 11545 Rockville Pike,
                                                                                                                                                                                                  interested persons through one or more
                                                    • Non-governmental organizations                                      Rockville, Maryland 20852; telephone:
                                                                                                                                                                                                  of the following methods, as indicated.
                                                  with institutional interests in the                                     301–415–7000; email:
                                                                                                                                                                                                  Throughout the development of this
                                                  matters regulated by the NRC.                                           Library.Resource@nrc.gov. The final
                                                                                                                          RGs, if approved by the OFR for                                         rule, the NRC may post documents
                                                    • Other Federal agencies, states, local                                                                                                       related to this rule, including public
                                                                                                                          incorporation by reference, will also be
                                                  governmental bodies (within the                                                                                                                 comments, on the Federal rulemaking
                                                                                                                          available for inspection at the OFR, as
                                                  meaning of 10 CFR 2.315(c)).                                                                                                                    website at: http://www.regulations.gov
                                                                                                                          described in 10 CFR 50.55a(a).
                                                    • Federally-recognized and State-                                        Because access to the three draft                                    under Docket ID NRC–2017–0024. The
                                                  recognized Indian tribes.                                               regulatory guides, and eventually, the                                  Federal rulemaking website allows you
                                                    • Members of the general public (i.e.,                                final regulatory guides, are available in                               to receive alerts when changes or
                                                  individual, unaffiliated members of the                                 various forms at no cost, the NRC                                       additions occur in a docket folder. To
                                                  public who are not regulated or                                         determines that the three draft                                         subscribe: (1) Navigate to the docket
                                                  otherwise subject to the NRC’s                                          regulatory guides, DG–1345, DG–1342,                                    folder (NRC–2017–0024); (2) click the
                                                  regulatory oversight) and who need                                      and DG–1343, and final regulatory                                       ‘‘Sign up for Email Alerts’’ link; and (3)
                                                  access to the materials that the NRC                                    guides 1.84, Revision 38; RG 1.147,                                     enter your email address and select how
                                                  proposes to incorporate by reference in                                 Revision 19; and RG 1.192, Revision 3,                                  frequently you would like to receive
                                                  order to participate in the rulemaking.                                 once approved by the OFR for                                            emails (daily, weekly, or monthly).

                                                                                                                   TABLE III—RULEMAKING RELATED DOCUMENTS
                                                                                                                                                                                                                               ADAMS accession No./
                                                                                                                           Document title                                                                                     Federal Register citation

                                                  Federal Register notice—‘‘Incorporation by Reference of ASME BPV and OM Code Cases,’’ July 8, 2003 ............                                                            68 FR 40469.
                                                  Federal Register Notice—‘‘Fracture Toughness Requirements for Light Water Reactor Pressure Vessels,’’ De-                                                                  60 FR 65456.
                                                    cember 19, 1995.
                                                  Final Safety Evaluation for Nuclear Energy Institute ‘‘Topical Report Materials Reliability Program (MRP): Tech-                                                           ML101620010.
                                                    nical Basis for Preemptive Weld Overlays for Alloy 82/182 Butt Welds in Pressurized Water Reactors (MRP–                                                                 ML101660468.
                                                    169) Revision 1–A,’’ August 9, 2010.
                                                  EPRI Nuclear Safety Analysis Center Report 202L–2, ‘‘Recommendations for an Effective Flow Accelerated Cor-                                                                Available for purchase.
                                                    rosion Program,’’ April 1999.
                                                  ASTM International Standard E 1921, ‘‘Standard Test Method for the Determination of Reference Temperature,                                                                 Available for purchase.
                                                    To, for Ferritic Steels in the Transition Range,’’.
                                                  ASME Code, Section III, NB–2330, ‘‘Test Requirements and Acceptance Standards,’’ ..............................................                                            Available for purchase.
                                                  Regulatory Guide 1.99, Revision 2, ‘‘Radiation Embrittlement of Reactor Vessel Materials,’’ .....................................                                          ML102310298.
                                                  Federal Register notice—‘‘Approval of American Society of Mechanical Engineers’ Code Cases’’ dated January                                                                 83 FR 2331.
                                                    17, 2018.
                                                  RG 1.193, ‘‘ASME Code Cases Not Approved for Use,’’ Revision 6. (DG–1344) .......................................................                                          ML18114A227.
                                                  Draft Regulatory Analysis ..............................................................................................................................................   ML18099A054.



                                                  Documents Proposed To Be                                                and revised ASME Code Cases that the                                    the ASME BPV Code and the ASME OM
                                                  Incorporated by Reference                                               NRC has approved as voluntary                                           Code.
                                                    The NRC proposes to incorporate by                                    alternatives to certain provisions of
                                                  reference three NRC RGs that list new                                   NRC-required Editions and Addenda of

                                                            TABLE IV—DRAFT REGULATORY GUIDES PROPOSED TO BE INCORPORATED BY REFERENCE IN 10 CFR 50.55A
                                                                                                                                                                                                                               ADAMS accession No./
                                                                                                                           Document title                                                                                     Federal Register citation

                                                  RG 1.84, ‘‘Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,’’ Revision 38. (DG–                                                               ML18114A228.
                                                   1345).
                                                  RG 1.147, ‘‘Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,’’ Revision 19. (DG–1342)                                                            ML18114A225.
                                                  RG 1.192, ‘‘Operation and Maintenance Code Case Acceptability, ASME OM Code,’’ Revision 3. (DG–1343) ........                                                              ML18114A226.
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                                                  Code Cases for Approval in This                                         ASME BPV Code, as set forth in Table                                       The ASME OM Code Cases that the
                                                  Proposed Rule                                                           V, are being made available by the                                      NRC is proposing to approve as
                                                                                                                          ASME for read-only access during the                                    alternatives to certain provisions of the
                                                     The ASME BPV Code Cases that the                                     public comment period on the http://                                    ASME OM Code, as set forth in Table V,
                                                  NRC is proposing to approve as                                          go.asme.org/NRC-ASME-CC.                                                are being made available for read-only
                                                  alternatives to certain provisions of the


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                                                                              Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                                              40701

                                                  access during the public comment                                      (listed in Table IV) that the NRC is                          to be within the scope of the NRC’s
                                                  period by the ASME on the http://                                     proposing to incorporate by reference                         approval of the Code Case as a voluntary
                                                  go.asme.org/NRC-ASME-CC.                                              into § 50.55a. It is the NRC’s position                       alternative for use. These requirements
                                                     The ASME is making the Code Cases                                  that the listed Code Cases, as modified                       cannot be fully understood without
                                                  listed in Table V available for limited,                              by any conditions contained in the three                      knowledge of the Code Case to which
                                                  read-only access at the request of the                                RGs and thus serving as alternatives to                       the proposed condition applies, and to
                                                  NRC. The NRC believes that                                            requirements in § 50.55a, are legally-                        this end, the NRC has requested that
                                                  stakeholders need to be able to read                                  binding regulatory requirements. An                           ASME provide limited, read-only access
                                                  these Code Cases in order to provide                                  applicant or licensee must comply with                        to the Code Cases in order to facilitate
                                                  meaningful comment on the three RGs                                   a listed Code Case and any conditions                         meaningful public comment.

                                                                                                   TABLE V—ASME CODE CASES PROPOSED FOR NRC APPROVAL
                                                              Code case No.                                                 Supplement                                                              Title

                                                                                                                        Boiler and Pressure Vessel Code Section III

                                                  N–60–6 ......................................     11 (2010 Edition) ..............................................    Material for Core Support Structures, Section III, Division 1
                                                                                                                                                                          SUPP 11.
                                                  N–71–19 ....................................      0 (2013 Edition) ................................................   Additional Materials for Subsection NF, Class 1, 2, 3, and MC
                                                                                                                                                                          Supports Fabricated by Welding, Section III, Division 1.
                                                  N–249–15 ..................................       7 (2013 Edition) ................................................   Additional Materials for Subsection NF, Classes 1, 2, 3, and
                                                                                                                                                                          MC Supports Fabricated Without Welding, Section III, Divi-
                                                                                                                                                                          sion 1.
                                                  N–284–4 ....................................      11 (2010 Edition) ..............................................    Metal Containment Shell Buckling Design Methods, Class
                                                                                                                                                                          MC, TC, and SC Construction Section III, Divisions 1 and
                                                                                                                                                                          3.
                                                  N–520–6 ....................................      1 (2013 Edition) ................................................   Alternative Rules for Renewal of Active or Expired N-type
                                                                                                                                                                          Certificates for Plants Not in Active Construction, Section
                                                                                                                                                                          III, Division 1.
                                                  N–801–1 ....................................      11 (2010 Edition) ..............................................    Rules for Repair of N-Stamped Class 1, 2, and 3 Compo-
                                                                                                                                                                          nents Section III, Division 1.
                                                  N–822–2 ....................................      7 (2013 Edition) ................................................   Application of the ASME Certification Mark Section III, Divi-
                                                                                                                                                                          sions 1, 2, 3, and 5.
                                                  N–833 ........................................    1 (2013 Edition) ................................................   Minimum Non-prestressed Reinforcement in the Containment
                                                                                                                                                                          Base Mat or Slab Required for Concrete Crack Control,
                                                                                                                                                                          Section III, Division 2.
                                                  N–834 ........................................    3 (2013 Edition) ................................................   ASTM A988/A988M–11 UNS S31603, Subsection NB, Class
                                                                                                                                                                          1 Components, Section III, Division 1.
                                                  N–836 ........................................    3 (2013 Edition) ................................................   Heat Exchanger Tube Mechanical Plugging, Class 1, Section
                                                                                                                                                                          III, Division 1.
                                                  N–841 ........................................    4 (2013 Edition) ................................................   Exemptions to Mandatory Post Weld Heat Treatment (PWHT)
                                                                                                                                                                          of SA–738 Grade B for Class MC Applications, Section III,
                                                                                                                                                                          Division 1.
                                                  N–844 ........................................    5 (2013 Edition) ................................................   Alternatives to the Requirements of NB–4250(c), Section III,
                                                                                                                                                                          Division 1.

                                                                                                                        Boiler and Pressure Vessel Code Section XI

                                                  N–513–4 ....................................      6 (2013 Edition) ................................................   Evaluation of Criteria for Temporary Acceptance of Flaws in
                                                                                                                                                                          Moderate Energy Class 2 or 3 Piping, Section XI, Division
                                                                                                                                                                          1.
                                                  N–516–4 ....................................      7 (2013 Edition) ................................................   Underwater Welding, Section XI, Division 1.
                                                  N–528–1 ....................................      5 (1998 Edition) ................................................   Purchase, Exchange, or Transfer of Material Between Nu-
                                                                                                                                                                          clear Plant Sites Section XI, Division 1.
                                                  N–597–3 ....................................      5 (2013 Edition) ................................................   Evaluation of Pipe Wall Thinning, Section XI, Division 1.
                                                  N–606–2 ....................................      2 (2013 Edition) ................................................   Similar and Dissimilar Metal Welding Using Ambient Tem-
                                                                                                                                                                          perature Machine GTAW Temper Bead Technique for BWR
                                                                                                                                                                          CRD Housing/Stub Tube Repairs, Section XI, Division 1.
                                                  N–638–7 ....................................      2 (2013 Edition) ................................................   Similar and Dissimilar Metal Welding Using Ambient Tem-
                                                                                                                                                                          perature Machine GTAW Temper Bead Technique.
                                                  N–648–2 ....................................      7 (2013 Edition) ................................................   Alternative Requirements for Inner Radius Examinations of
                                                                                                                                                                          Class 1 Reactor Vessel Nozzles, Section XI, Division 1.
                                                  N–661–3 ....................................      6 (2015 Edition) ................................................   Alternative Requirements for Wall Thickness Restoration of
                                                                                                                                                                          Class 2 and 3 Carbon Steel Piping for Raw Water Service,
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                                                                                                                                                                          Section XI, Division 1.
                                                  N–695–1 ....................................      0 (2015 Edition) ................................................   Qualification Requirements for Dissimilar Metal Piping Welds
                                                                                                                                                                          Section XI, Division 1.
                                                  N–696–1 ....................................      6 (2013 Edition) ................................................   Qualification Requirements for Mandatory Appendix VIII Pip-
                                                                                                                                                                          ing Examination Conducted from the Inside Surface, Sec-
                                                                                                                                                                          tion XI, Division 1.
                                                  N–702 ........................................    12 (2001 Edition) ..............................................    Alternative Requirements for Boiling Water Reactor (BWR)
                                                                                                                                                                          Nozzle Inner Radius and Nozzle-to-Shell Welds, Section
                                                                                                                                                                          XI, Division 1.



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                                                  40702                       Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules

                                                                                       TABLE V—ASME CODE CASES PROPOSED FOR NRC APPROVAL—Continued
                                                              Code case No.                                                 Supplement                                                               Title

                                                  N–705(Errata) ...........................         11 (2010 Edition) ..............................................     Evaluation Criteria for Temporary Acceptance of Degradation
                                                                                                                                                                           in Moderate Energy Class 2 or 3 Vessels and Tanks, Sec-
                                                                                                                                                                           tion XI, Division 1.
                                                  N–711–1 ....................................      0 (2017 Edition) ................................................    Alternative Examination Coverage Requirements for Exam-
                                                                                                                                                                           ination Category B–F, B–J, C–F–1, C–F–2, and R–A Piping
                                                                                                                                                                           Welds.
                                                  N–754–1 ....................................      1 (2013 Edition) ................................................    Optimized Structural Dissimilar Metal Weld Overlay for Mitiga-
                                                                                                                                                                           tion of PWR Class 1 Items, Section XI, Division 1.
                                                  N–762–1 ....................................      3 (2013 Edition) ................................................    Temper Bead Procedure Qualification Requirements for Re-
                                                                                                                                                                           pair/Replacement Activities without Postweld Heat Treat-
                                                                                                                                                                           ment, Section XI, Division 1.
                                                  N–766–1 ....................................      1 (2013 Edition) ................................................    Nickel Alloy Reactor Coolant Inlay and Onlay for Mitigation of
                                                                                                                                                                           PWR Full Penetration Circumferential Nickel Alloy Dis-
                                                                                                                                                                           similar Metal Welds in Class 1 Items, Section XI, Division
                                                                                                                                                                           1.
                                                  N–789–2 ....................................      5 (2015 Edition) ................................................    Alternative Requirements for Pad Reinforcement of Class 2
                                                                                                                                                                           and 3 Moderate Energy Carbon Steel Piping for Raw Water
                                                                                                                                                                           Service.
                                                  N–823–1 ....................................      4 (2013 Edition) ................................................    Visual Examination Section XI, Division 1.
                                                  N–824 ........................................    11 (2010 Edition) ..............................................     Ultrasonic Examination of Cast Austenitic Piping Welds From
                                                                                                                                                                           the Outside Surface Section XI, Division 1.
                                                  N–829 ........................................    0 (2013 Edition) ................................................    Austenitic Stainless Steel Cladding and Nickel Base Cladding
                                                                                                                                                                           Using Ambient Temperature Machine GTAW Temper Bead
                                                                                                                                                                           Technique, Section XI, Division 1.
                                                  N–830 ........................................    7 (2013 Edition) ................................................    Direct Use of Master Fracture Toughness Curve for Pressure-
                                                                                                                                                                           Retaining Materials of Class 1 Vessels, Section XI.
                                                  N–831 ........................................    0 (2017 Edition) ................................................    Ultrasonic Examination in Lieu of Radiography for Welds in
                                                                                                                                                                           Ferritic Pipe.
                                                  N–838 ........................................    2 (2015 Edition) ................................................    Flaw Tolerance Evaluation of Cast Austenitic Stainless Steel
                                                                                                                                                                           Piping, Section XI, Division 1.
                                                  N–839 ........................................    7 (2013 Edition) ................................................    Similar and Dissimilar Metal Welding Using Ambient Tem-
                                                                                                                                                                           perature SMAW Temper Bead Technique Section XI, Divi-
                                                                                                                                                                           sion 1.
                                                  N–842 ........................................    4 (2013 Edition) ................................................    Alternative Inspection Program for Longer Fuel Cycles Sec-
                                                                                                                                                                           tion XI, Division 1.
                                                  N–843 ........................................    4 (2013 Edition) ................................................    Alternative Pressure Testing Requirements Following Repairs
                                                                                                                                                                           or Replacements for Class 1 Piping between the First and
                                                                                                                                                                           Second Injection Isolation Valves, Section XI, Division 1.
                                                  N–849 ........................................    7 (2013 Edition) ................................................    In situ VT–3 Examination of Removable Core Support Struc-
                                                                                                                                                                           tures Without Removal, Section XI.
                                                  N–853 ........................................    6 (2015 Edition) ................................................    PWR Class 1 Primary Piping Alloy 600 Full Penetration
                                                                                                                                                                           Branch Connection Weld Metal Buildup for Material Sus-
                                                                                                                                                                           ceptible to Primary Water Stress Corrosion Cracking, Sec-
                                                                                                                                                                           tion XI, Division 1.
                                                  N–854 ........................................    1 (2015 Edition) ................................................    Alternative Pressure Testing Requirements for Class 2 and 3
                                                                                                                                                                           Components Connected to the Class 1 Boundary, Section
                                                                                                                                                                           XI, Division 1.

                                                                                                                                                   OM Code

                                                              Code case No.                                                    Edition 4                                                             Title

                                                  OMN–16 Revision 2 ..................              2017 Edition .....................................................   Use of a Pump Curve for Testing.
                                                  OMN–21 ....................................       2017 Edition .....................................................   Alternative Requirements for Adjusting Hydraulic Parameters
                                                                                                                                                                           to Specified Reference Points.



                                                  List of Subjects in 10 CFR Part50                                     power plants and reactors, Penalties,                           PART 50—DOMESTIC LICENSING OF
                                                                                                                        Radiation protection, Reactor siting                            PRODUCTION AND UTILIZATION
                                                    Administrative practice and
                                                                                                                        criteria, Reporting and recordkeeping                           FACILITIES
                                                  procedure, Antitrust, Classified
                                                  information, Criminal penalties,                                      requirements, Whistleblowing.
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                                                  Education, Fire prevention, Fire                                                                                                      ■ 1. The authority citation for part 50
                                                                                                                          For the reasons set forth in the
                                                  protection, Incorporation by reference,                                                                                               continues to read as follows:
                                                                                                                        preamble, and under the authority of the
                                                  Intergovernmental relations, Nuclear                                  Atomic Energy Act of 1954, as amended;                            Authority: Atomic Energy Act of 1954,
                                                                                                                                                                                        secs. 11, 101, 102, 103, 104, 105, 108, 122,
                                                                                                                        the Energy Reorganization Act of 1974,
                                                    4 The column labelled ‘‘Edition’’ in this table                                                                                     147, 149, 161, 181, 182, 183, 184, 185, 186,
                                                                                                                        as amended; and 5 U.S.C. 553, the NRC                           187, 189, 223, 234 (42 U.S.C. 2014, 2131,
                                                  refers to the point in time a Code Case was issued.
                                                  For example, an entry associated with the 2017
                                                                                                                        proposes to adopt the following                                 2132, 2133, 2134, 2135, 2138, 2152, 2167,
                                                  Edition means the Code Case was issued at the                         amendments to 10 CFR part 50:                                   2169, 2201, 2231, 2232, 2233, 2234, 2235,
                                                  same time as the 2017 Edition of the code.                                                                                            2236, 2237, 2239, 2273, 2282); Energy



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                                                                        Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Proposed Rules                                             40703

                                                  Reorganization Act of 1974, secs. 201, 202,                   Notice of proposed rulemaking
                                                                                                          ACTION:                                               street address for Docket Operations
                                                  206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);            (NPRM).                                               (phone: 800–647–5527) is in the
                                                  Nuclear Waste Policy Act of 1982, sec. 306                                                                    ADDRESSES section. Comments will be
                                                  (42 U.S.C. 10226); National Environmental               SUMMARY:   We propose to adopt a new
                                                  Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
                                                                                                                                                                available in the AD docket shortly after
                                                                                                          airworthiness directive (AD) for certain              receipt.
                                                  3504 note; Sec. 109, Pub. L. 96–295, 94 Stat.           Bombardier, Inc., Model BD–700–1A10
                                                  783.                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                          and BD–700–1A11 airplanes. This
                                                  ■ 2. In § 50.55a:                                       proposed AD was prompted by in-                       Cesar Gomez, Aerospace Engineer,
                                                  ■ a. Remove and reserve paragraphs                      service findings that a cotter pin at the             Airframe and Mechanical Systems
                                                  (a)(1)(iii)(E) and (G);                                 main fitting joint of the nose landing                Section, FAA, New York ACO Branch,
                                                  ■ b. Revise paragraph (a)(3) introductory               gear (NLG) retraction actuator to the                 1600 Stewart Avenue, Suite 410,
                                                  text;                                                   NLG strut showed evidence of shearing                 Westbury, NY 11590; telephone 516–
                                                  ■ c. In paragraph (a)(3)(i), remove the                 after a NLG retraction-extension cycling.             228–7318; fax 516–794–5531; email 9-
                                                  phrase ‘‘Revision 37’’ and add in its                   This proposed AD would require                        avs-nyaco-cos@faa.gov.
                                                  place the phrase ‘‘Revision 38’’;                       revising the maintenance or inspection                SUPPLEMENTARY INFORMATION:
                                                  ■ d. In paragraph (a)(3)(ii), remove the
                                                                                                          program, as applicable, a general visual
                                                  phrase ‘‘Revision 18’’ and add in its                   inspection for damage of a certain cotter             Comments Invited
                                                  place the phrase ‘‘Revision 19’’;                       pin present on certain configurations of
                                                  ■ e. In paragraph (a)(3)(iii), remove the
                                                                                                                                                                  We invite you to send any written
                                                                                                          the NLG strut assembly and for the                    relevant data, views, or arguments about
                                                  phrase ‘‘Revision 2’’ and add in its place
                                                                                                          modification number shown on the                      this proposal. Send your comments to
                                                  the phrase ‘‘Revision 3’’;
                                                                                                          identification plate for the NLG strut,               an address listed under the ADDRESSES
                                                  ■ f. Remove paragraph (b)(2)(xxxvii);
                                                                                                          and modification of the NLG retraction                section. Include ‘‘Docket No. FAA–
                                                  and
                                                  ■ g. Remove and reserve paragraph
                                                                                                          actuator hardware on any damaged NLG                  2018–0710; Product Identifier 2018–
                                                  (b)(3)(x).                                              strut assembly. We are proposing this                 NM–079–AD’’ at the beginning of your
                                                     The revision reads as follows:                       AD to address the unsafe condition on                 comments. We specifically invite
                                                                                                          these products.                                       comments on the overall regulatory,
                                                  § 50.55a   Codes and standards.                         DATES: We must receive comments on                    economic, environmental, and energy
                                                     (3) U.S. Nuclear Regulatory                          this proposed AD by October 1, 2018.                  aspects of this NPRM. We will consider
                                                  Commission (NRC) Public Document                        ADDRESSES: You may send comments,                     all comments received by the closing
                                                  Room, 11555 Rockville Pike, Rockville,                  using the procedures found in 14 CFR                  date and may amend this NPRM
                                                  Maryland 20852; telephone: 1–800–                       11.43 and 11.45, by any of the following              because of those comments.
                                                  397–4209; email: pdr.resource@nrc.gov;                  methods:                                                 We will post all comments we
                                                  http://www.nrc.gov/reading-rm/doc-                         • Federal eRulemaking Portal: Go to                receive, without change, to http://
                                                  collections/reg-guides/. The use of Code                http://www.regulations.gov. Follow the                www.regulations.gov, including any
                                                  Cases listed in the NRC regulatory                      instructions for submitting comments.                 personal information you provide. We
                                                  guides in paragraphs (a)(3)(i) through                     • Fax: 202–493–2251.                               will also post a report summarizing each
                                                  (iii) of this section is acceptable with the               • Mail: U.S. Department of                         substantive verbal contact we receive
                                                  specified conditions in those guides                    Transportation, Docket Operations,                    about this NPRM.
                                                  when implementing the editions and                      M–30, West Building Ground Floor,
                                                  addenda of the ASME BPV Code and                        Room W12–140, 1200 New Jersey                         Discussion
                                                  ASME OM Code incorporated by                            Avenue SE, Washington, DC 20590.                         Transport Canada Civil Aviation
                                                  reference in paragraph (a)(1) of this                      • Hand Delivery: Deliver to Mail                   (TCCA), which is the aviation authority
                                                  section.                                                address above between 9 a.m. and 5                    for Canada, has issued Canadian AD
                                                  *      *      *     *     *                             p.m., Monday through Friday, except                   CF–2018–05, dated January 23, 2018
                                                                                                          Federal holidays.                                     (referred to after this as the Mandatory
                                                    Dated at Rockville, Maryland, this 26th day              For service information identified in
                                                  of July, 2018.                                                                                                Continuing Airworthiness Information,
                                                                                                          this NPRM, contact Bombardier, Inc.,                  or ‘‘the MCAI’’), to correct an unsafe
                                                    For the Nuclear Regulatory Commission.
                                                                                                          400 Côte-Vertu Road West, Dorval,                    condition for certain Bombardier, Inc.,
                                                  Michele G. Evans,                                       Québec H4S 1Y9, Canada; telephone
                                                  Deputy Director, Office of Nuclear Reactor                                                                    Model BD–700–1A10 and BD–700–
                                                                                                          514–855–5000; fax 514–855–7401; email                 1A11 airplanes. The MCAI states:
                                                  Regulation.                                             thd.crj@aero.bombardier.com; internet
                                                  [FR Doc. 2018–17650 Filed 8–15–18; 8:45 am]             http://www.bombardier.com. You may                       There have been in-service findings
                                                  BILLING CODE 7590–01–P                                  view this service information at the                  whereby the cotter pin at the retraction
                                                                                                                                                                actuator to nose landing gear (NLG) strut
                                                                                                          FAA, Transport Standards Branch, 2200                 main fitting was observed to be damaged
                                                                                                          South 216th St., Des Moines, WA. For                  after a NLG retraction-extension cycling. This
                                                  DEPARTMENT OF TRANSPORTATION                            information on the availability of this               condition could lead to a loss of hardware
                                                                                                          material at the FAA, call 206–231–3195.               and result in an actuator disconnect resulting
                                                  Federal Aviation Administration                                                                               in a failure to retract or extend, or in an
                                                                                                          Examining the AD Docket                               undamped freefall of the NLG [which could
                                                  14 CFR Part 39                                            You may examine the AD docket on                    adversely affect the airplane’s continued safe
                                                                                                          the internet at http://                               flight and landing].
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  [Docket No. FAA–2018–0710; Product
                                                                                                          www.regulations.gov by searching for                     This AD mandates a revision to the
                                                  Identifier 2018–NM–079–AD]
                                                                                                          and locating Docket No. FAA–2018–                     approved maintenance schedule. This AD
                                                  RIN 2120–AA64                                           0710; or in person at Docket Operations               also mandates a visual inspection of the
                                                                                                                                                                cotter pin for certain configurations of NLG
                                                                                                          between 9 a.m. and 5 p.m., Monday                     strut assembly, and if found damaged, the
                                                  Airworthiness Directives; Bombardier,
                                                                                                          through Friday, except Federal holidays.              incorporation of a modification which
                                                  Inc., Airplanes
                                                                                                          The AD docket contains this NPRM, the                 introduces a new castellated nut, spacer, end
                                                  AGENCY:Federal Aviation                                 regulatory evaluation, any comments                   plate and sleeve to the NLG retraction
                                                  Administration (FAA), DOT.                              received, and other information. The                  actuator to main fitting joint.



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Document Created: 2018-08-16 01:02:01
Document Modified: 2018-08-16 01:02:01
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 October 30, 2018. Submit comments specific to the information collections aspects of this rule by September 17, 2018. 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.
ContactMargaret Ellenson, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-0894, email: [email protected]; and Giovanni Facco, Office of Nuclear Regulatory Research, telephone: 301-415-6337; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 40685 
RIN Number3150-AJ93

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