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[Federal Register: March 26, 2001 (Volume 66, Number 58)]
[Rules and Regulations]               
[Page 16390-16391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr01-2]                         

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AE26

 
Industry Codes and Standards; Amended Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects a final rule appearing in the Federal 
Register on September 22, 1999 (64 FR 51370), and reflected in the 2000 
revision of the Code of Federal

[[Page 16391]]

Regulations. This action corrects the final rule by specifying the use 
of a flaw length sizing criterion for reactor vessel qualification. 
This correction is necessary for clarity and consistency in the 
regulations.

DATES: Effective March 26, 2001.

FOR FURTHER INFORMATION CONTACT: Donald G. Naujock [telephone (301) 
415-2767, e-mail <A HREF="mailto:DGN@nrc.gov">DGN@nrc.gov</A>] of the Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Background

    On September 22, 1999 (64 FR 51370), a final rule `` Industry Codes 
and Standards; Amended Requirements'' was published in the Federal 
Register. The purpose of the rule was to permit the use of improved 
methods in Sec. 50.55a for construction, inservice inspection and 
inservice testing of nuclear power plant components. The rule, in part, 
permits licensees to modify implementation of Appendix VIII to Section 
XI of the American Society of Mechanical Engineers (ASME) Boiler and 
Pressure Vessel Code (the Code) provided that certain provisions 
specified in the regulations were followed. Paragraph (b)(2)(xv)(C) 
addressed the provisions regarding application of Supplement 4 to 
Appendix VIII. After the final rule was published, an error was 
discovered in paragraph (b)(2)(xv)(C)(1). Paragraph (b)(2)(xv)(C)(1) 
properly stipulated the use of a flaw depth sizing criterion, but 
failed to specify the use of an appropriate flaw length sizing 
criterion for reactor vessel qualification. It has always been the 
intent of the NRC to require the use of both depth and length criteria 
for flaw sizing qualification. This intent is evident in paragraph 
(b)(2)(xv)(F)(2) of Sec. 50.55a which stipulates that length sizing 
qualifications must satisfy the acceptance criterion of Appendix VIII, 
Supplement 4.
    With respect to a length sizing criterion, it was the intent of the 
NRC to specify in the final rule, the use of 0.75 inch root mean square 
(RMS) length sizing criterion in lieu of Appendix VIII, Supplement 4, 
Subparagraph 3.2(b). Since 1995, the NRC has supported the 0.75 inch 
RMS numeric value as an appropriate length sizing criterion for reactor 
vessels. This numeric value is the same as the length sizing criterion 
referenced in (b)(2)(xv)(E)(3).

Need for Correction

    As published, the Federal Register and the Code of Federal 
Regulations contain an error which is misleading and needs to be 
corrected.

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

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

    Authority: Sections 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).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). 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 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. In Sec. 50.55a, paragraph (b)(2)(xv)(C)(1) is revised to read as 
follows:


Sec. 50.55a  Codes and standards.

* * * * *
    (b) * * *
    (2) * * *
    (xv) * * *
    (C) * * *
    (1) A depth sizing requirement of 0.15 inch RMS shall be used in 
lieu of the requirement in Subparagraph 3.2(a), and a length sizing 
requirement of 0.75 inch RMS shall be used in lieu of the requirement 
in Subparagraph 3.2(b).
* * * * *

    Dated at Rockville, Maryland, this 20th day of March, 2001.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch, Division of Administrative 
Services, Office of Administration.
[FR Doc. 01-7352 Filed 3-23-01; 8:45 am]
BILLING CODE 7590-01-P

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