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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Proposed Rules
consensus standards as an alternative to de novo agency development of standards affecting an industry; 3
consistency with the NRCs 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 NRCs 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 Agencywide Documents Access and Management System ADAMS Accession No.
ML20133K152.
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 DG1366/RG 1.84
2. ASME BPV Code, Section XI Code Cases DG1367/RG 1.147
3. OM Code Cases DG1368/RG 1.192
C. ASME Code Cases Not Approved for Use DG1369/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 ReferenceReasonable Availability to Interested Parties XIII. Availability of Documents
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I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC2017
0025 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20170025.
NRCs Agencywide Documents Access and Management System
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ADAMS: You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https 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 NRCs Public Document Room PDR reference staff at 18003974209, 3014154737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
Attention: The PDR, where you may examine and order copies of public documents is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 18003974209 between 8:00 a.m. and 4:00 p.m. EST, Monday through Friday, except Federal holidays.
B. Submitting Comments Please include Docket ID NRC2017
0025 in your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission.
The NRC will post all comment submissions at https
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 inservice inspection examination of nuclear power plant components, and the ASME OM Code,1
which contains requirements for inservice testing of nuclear power plant components. In response to BPV and OM Code user requests, the ASME
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 as the OM Code collectively in this rule.

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develops Code Cases that provide voluntary alternatives to BPV and OM
Code requirements under special circumstances.
The NRC approves the ASME BPV
and OM Codes in 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 50.55a constitutes a legally-binding NRC
requirement imposed by rule. As noted previously, the ASME Code Cases, for the most part, represent alternative approaches for complying with provisions of the ASME BPV and OM
Codes. Accordingly, the NRC
periodically amends 50.55a to incorporate by reference the NRCs RGs listing approved ASME Code Cases that may be used as voluntary alternatives to the BPV and OM Codes.2
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 reviews the 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 50.55a. The NRC published a final rule dated March 16, 2020 85 FR 14736 that incorporated by reference into 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 38; RG 1.147, Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1, Revision 19; and RG 1.192, Operation and Maintenance Code Case Acceptability, ASME OM Code, Revision 3.
2 See Federal Register final rule, Incorporation by Reference of ASME BPV and OM Code Cases 68 FR 40469; July 8, 2003.
3 Code Cases are categorized by the ASME as one of three types: new, revised, or reaffirmed. A new Code Case provides for a new alternative to specific the 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 50.55a. The ASME defines reaffirmed as an OM
Code Case that does not have any change to technical content, but includes editorial changes.

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