[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3073-3075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1212]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2008-0554]
RIN 3150-AI35


American Society of Mechanical Engineers (ASME) Codes and New and 
Revised ASME Code Cases; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting the 
preamble, or statements of consideration (SOC), and the codified text 
in a final rule that was published in the Federal Register on June 21, 
2011 (76 FR 36232). The final rule amended the NRC's regulations to 
incorporate by reference various editions and addenda to the ASME 
Boiler and Pressure Vessel (B&PV) Code, and the ASME Code for Operation 
and Maintenance of Nuclear Power Plants (OM Code). The final rule also 
incorporated by reference (with conditions on their use) ASME B&PV Code 
Cases N-722-1 and N-770-1. This document is necessary to correct 
typographical, formatting, and punctuation errors.

DATES: The correction is effective on January 23, 2012 and applicable 
to July 21, 2011, the date the original rule became effective. The 
incorporation by reference of certain publications listed in the rule 
was approved by the Director of the Office of the Federal Register as 
of July 21, 2011.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Chief, Rules, 
Announcements and Directives Branch, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
(301) 492-3667 or email: Cindy.Bladey@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC published a final rule in the 
Federal Register on June 21, 2011 (76 FR 36232), amending the NRC's 
regulations to incorporate by reference various editions and addenda to 
the ASME B&PV, and the OM Code. The final rule also incorporated by 
reference (with conditions on their use) ASME B&PV Code Cases N-722-1 
and N-770-1. This document is necessary to correct typographical, 
formatting, and punctuation errors in both the SOC and the codified 
text. Also, as published, the final regulations contain errors which 
may prove to be misleading and need to be clarified. The following 
corrects the SOC to the June 21, 2011 document:
    1. On page 36241, in the second column, third paragraph, the first 
sentence after Comment is corrected to read as follows:
    The NRC should reconsider the change specifying that Section E-1200 
is not acceptable.
    2. On page 36258, in the third column, the last paragraph, through 
page 36259, first column, the first paragraph, is corrected to read as 
follows:
    The conditions in Sec.  50.55a(b)(3)(i), (b)(3)(ii), and (b)(3)(iv) 
continue to apply to the 2005 and 2006 Addenda because the earlier ASME 
OM Code provisions that these regulations are based on were not revised 
in the 2005 and 2006 Addenda of the ASME OM Code to address the 
underlying issues which led the NRC to impose the conditions on the 
ASME OM Code.
    3. On page 36265, in the third column, the third paragraph is 
corrected to read as follows:
    Paragraph (g)(6)(ii)(F)(10) is a new condition as a result of 
incorporating Code Case N-770-1 in lieu of Code Case N-770. General 
Note (b) of Figure 5(a) in Code Case N-770-1 permits the use of an 
alternative examination volume for welds mitigated by optimized weld 
overlays. This alternative examination volume was not issued as part of 
the proposed rule and, therefore, this condition in the final rule 
prohibits the use of the alternative examination volume. While the NRC 
does not have a technical objection to General Note (b) of Figure 5(a), 
licensees must obtain NRC authorization to use the alternative 
examination volume pursuant to 10 CFR 50.55a(a)(3)(i) or (ii).
    4. On page 36266, in the second column, second paragraph, the 
second sentence is corrected to read as follows:
    Also, some of the terminology used and some details in this AMP are 
based on the 1992 Edition.
    5. On page 36266, in the third column, first paragraph, the second 
sentence is revised to read as follows:
    A license renewal applicant may either augment its AMPs in these 
areas, as described in the GALL report, or propose alternatives 
(exceptions) for the NRC to review as part of a plant-specific program 
element justification for its AMP. The GALL Revision 1, in AMP XI.M11A, 
provides an acceptable approach for aging management--through inservice 
inspection--of PWR nickel-alloy upper vessel head penetration nozzles.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Incorporation by reference, Intergovernmental relations, 
Nuclear power plants and reactors, Radiation protection, Reactor siting 
criteria, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendment 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:  Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 
68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 
234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 
2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 
206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 
5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy 
Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 194 (2005). 
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5841). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 
50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138).
    Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 
185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and 
Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 
(42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 
204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 
50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 
2239). Section 50.78

[[Page 3074]]

also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 
50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 
(42 U.S.C. 2237).


0
2. In Sec.  50.55a, revise the introductory text of paragraph (b), and 
paragraphs (b)(1)(iii), (b)(2)(xv)(K)(1)(i), (b)(2)(xv)(K)(2)(ii), 
(b)(3)(vi), (g)(4)(i), (g)(4)(ii), (g)(6)(ii)(F)(5) and 
(g)(6)(ii)(F)(10) to read as follows:


Sec.  50.55a  Codes and standards.

* * * * *
    (b) Standards approved for incorporation by reference. Systems and 
components of boiling and pressurized water cooled nuclear power 
reactors must meet the requirements of the following standards 
referenced in paragraphs (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and 
(b)(6) of this section: The ASME Boiler and Pressure Vessel Code, 
Section III, Division 1 (excluding Nonmandatory Appendices), and 
Section XI, Division 1; the ASME Code for Operation and Maintenance of 
Nuclear Power Plants; NRC Regulatory Guide (RG) 1.84, Revision 35, 
``Design, Fabrication, and Materials Code Case Acceptability, ASME 
Section III'' (July 2010), RG 1.147, Revision 16, ``Inservice 
Inspection Code Case Acceptability, ASME Section XI, Division 1'' (July 
2010), and RG 1.192, ``Operation and Maintenance Code Case 
Acceptability, ASME OM Code'' (June 2003); and the following ASME Code 
Cases, approved with conditions by the NRC: N-722-1, ``Additional 
Examinations for PWR Pressure Retaining Welds in Class 1 Components 
Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1'' 
(ASME Approval Date: January 26, 2009), in accordance with the 
requirements in paragraph (g)(6)(ii)(E) of this section; N-729-1, 
``Alternative Examination Requirements for PWR Reactor Vessel Upper 
Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds, 
Section XI, Division 1'' (ASME Approval Date: March 28, 2006), in 
accordance with the requirements in paragraph (g)(6)(ii)(D) of this 
section; and N-770-1, ``Alternative Examination Requirements and 
Acceptance Standards for Class 1 PWR Piping and Vessel Nozzle Butt 
Welds Fabricated with UNS N06082 or UNS W86182 Weld Filler Material 
With or Without Application of Listed Mitigation Activities, Section 
XI, Division 1'' (ASME Approval Date: December 25, 2009), in accordance 
with the requirements in paragraph (g)(6)(ii)(F) of this section. These 
standards have been approved for incorporation by reference by the 
Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the ASME Boiler and Pressure Vessel Code, the ASME 
Code for Operation and Maintenance of Nuclear Power Plants, ASME Code 
Case N-722-1, ASME Code Case N-729-1, and ASME Code Case N-770-1 may be 
purchased from the American Society of Mechanical Engineers, Three Park 
Avenue, New York, NY 10016, phone (800) 843-2763, or through the Web at 
http://www.asme.org/Codes/. Single copies of NRC Regulatory Guides 
1.84, Revision 35; 1.147, Revision 16; and 1.192 may be obtained free 
of charge by writing the Reproduction and Distribution Services 
Section, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
or by fax to (301) 415-2289; or by email to 
DISTRIBUTION.RESOURCE@nrc.gov. Copies of the ASME Codes and NRC 
Regulatory Guides incorporated by reference in this section may be 
inspected at the NRC Technical Library, Two White Flint North, 11545 
Rockville Pike, Rockville, MD 20852-2738 or call (301) 415-5610, or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (1) * * *
    (iii) Seismic design of piping. Applicants or licensees may use 
Subarticles NB-3200, NB-3600, NC-3600, and ND-3600 for seismic design 
of piping, up to and including the 1993 Addenda, subject to the 
condition specified in paragraph (b)(1)(ii) of this section. Applicants 
or licensees may not use these subarticles for seismic design of piping 
in the 1994 Addenda through the 2005 Addenda incorporated by reference 
in paragraph (b)(1) of this section except that Subarticle NB-3200 in 
the 2004 Edition through the 2008 Addenda may be used by applicants and 
licensees subject to the condition in paragraph (b)(1)(iii)(A) of this 
section. Applicants or licensees may use Subarticles NB-3600, NC-3600 
and ND-3600 for the seismic design of piping in the 2006 Addenda 
through the 2008 Addenda subject to the conditions of this paragraph 
corresponding to these subarticles.
* * * * *
    (2) * * *
    (xv) * * *
    (K) * * *
    (1) * * *
    (i) For detection, a minimum of four flaws in one or more full-
scale nozzle mock-ups must be added to the test set. The specimens must 
comply with Supplement 6, paragraph 1.1, to Appendix VIII, except for 
flaw locations specified in Table VIII S6-1. Flaws may be notches, 
fabrication flaws or cracks. Seventy-five (75) percent of the flaws 
must be cracks or fabrication flaws. Flaw locations and orientations 
must be selected from the choices shown in paragraph (b)(2)(xv)(K)(4) 
of this section, Table VIII-S7-1--Modified, with the exception that 
flaws in the outer eighty-five (85) percent of the weld need not be 
perpendicular to the weld. There may be no more than two flaws from 
each category, and at least one subsurface flaw must be included.
* * * * *
    (2) * * *
    (ii) When the examination volume defined in paragraph 
(b)(2)(xv)(K)(2)(i) of this section cannot be effectively examined in 
all four directions, the examination must be augmented by examination 
from the nozzle bore using a procedure and personnel qualified in 
accordance with paragraph (b)(2)(xv)(K)(1) of this section.
* * * * *
    (3) * * *
    (vi) Exercise interval for manual valves. Manual valves must be 
exercised on a 2-year interval rather than the 5-year interval 
specified in paragraph ISTC-3540 of the 1999 Addenda through the 2005 
Addenda of the ASME OM Code, provided that adverse conditions do not 
require more frequent testing.
* * * * *
    (g) * * *
    (4) * * *
    (i) Inservice examinations of components and system pressure tests 
conducted during the initial 120-month inspection interval must comply 
with the requirements in the latest edition and addenda of the Code 
incorporated by reference in paragraph (b) of this section on the date 
12 months before the date of issuance of the operating license under 
this part, or 12 months before the date scheduled for initial loading 
of fuel under a combined license under part 52 of this chapter (or the 
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 
16, when using Section XI; or Regulatory Guide 1.192 when using the OM 
Code, that are incorporated by reference in paragraph (b) of this 
section), subject to the conditions listed in paragraph (b) of this 
section.
    (ii) Inservice examination of components and system pressure tests 
conducted during successive 120-month inspection intervals must comply 
with

[[Page 3075]]

the requirements of the latest edition and addenda of the Code 
incorporated by reference in paragraph (b) of this section 12 months 
before the start of the 120-month inspection interval (or the optional 
ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 16, when 
using Section XI; or Regulatory Guide 1.192 when using the OM Code, 
that are incorporated by reference in paragraph (b) of this section), 
subject to the conditions listed in paragraph (b) of this section. 
However, a licensee whose inservice inspection interval commences 
during the 12 through 18-month period after July 21, 2011 may delay the 
update of their Appendix VIII program by up to 18 months after July 21, 
2011.
* * * * *
    (6) * * *
    (ii) * * *
    (F) * * *
    (5) All hot-leg operating temperature welds in Inspection Items G, 
H, J, and K must be inspected each interval. A 25 percent sample of 
Inspection Item G, H, J and K cold-leg operating temperature welds must 
be inspected whenever the core barrel is removed (unless it has already 
been inspected within the past 10 years) or 20 years, whichever is 
less.
* * * * *
    (10) General Note (b) to Figure 5(a) of Code Case N-770-1 
pertaining to alternative examination volume for optimized weld 
overlays may not be applied unless NRC approval is authorized under 
paragraphs (a)(3)(i) or (a)(3)(ii) of this section.
* * * * *

    Dated at Rockville, Maryland, this 17th day of January 2012.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2012-1212 Filed 1-20-12; 8:45 am]
BILLING CODE 7590-01-P