Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448 Page: 18,304
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Federal Register/Vol. 74, No. 76/Wednesday, April 22, 2009/Proposed Rules
but cannot be used without a
modification. The petitioner cites an
effort to mitigate primary water stress
corrosion cracking (PWSCC) in Alloy
82/182 welds after an ASME Code case
was approved by the NRC for use in the
appropriate regulatory guide for weld
overlay of stainless steel material but
not for austenitic nickel-based material
that was subject to potential PWSCC.
The petitioner states that this issue
resulted in licensees having to perform
a "work-a-round" by requesting usage of
some ASME Code cases with
modifications. The petitioner has
concluded that use of ASME Code cases
with modifications cannot be performed
The petitioner describes the "work-a-
round" that is accepted by the NRC is
for an applicant or licensee to propose
an alternative to the governing ASME
Code requirements, such as using ASME
Code Section XI requirements, instead
of requesting usage of an ASME Code
case with a change or modification. The
petitioner states that the NRC allows
this type of alternative under
50.55a(a)(3) because the provisions of
50.55a(g) govern use of ASME Code
Section XI. The petitioner states that, if
the need for an alternative is urgent, the
only choice an applicant or licensee has
is to perform the "work-a-round"
described above that the petitioner
states has been done routinely. The
petitioner has concluded that the NRC
has determined that no mechanism for
evaluating a licensee's proposal to an
existing NRC approved voluntary
alternative is allowed by 50.55a(a)(3)
because it would be "providing an
alternative to an alternative."
The petitioner has proposed draft
rulemaking text to address these issues.
The petitioner states that his proposed
amendments to 50.55a will clarify this
regulation to correct administrative
issues associated with alternatives to
ASME Code cases when an urgent issue
arises that cannot be solved under the
current regulatory provisions.
III. NRC Review of the Petition
The NRC reviewed the issues raised
by the petitioner and determined the
* Code cases often provide
alternatives that have technical merit
and, in many instances, are
incorporated into future ASME Code
* The ASME Code case process itself
constitutes a method of how a licensee
can seek to obtain ASME approval for a
variation of a previously-approved code
case. 50.55a(a)(3) currently provides
specific approaches for obtaining NRC
provisions. Inasmuch as ASME Code
cases are analogous to ASME Code
provisions, it is not unreasonable to
provide an analogous regulatory
approach for obtaining NRC approval of
alternatives to ASME Code cases.
For these reasons, the NRC has
determined that the issues raised in this
petition should be considered in the
NRC's Common Prioritization of
Rulemaking process. The NRC uses this
process to determine which rulemaking
actions to pursue based on available
resources and how the actions maintain
safety, ensure security of nuclear
facilities and materials, increase
effectiveness, and maintain openness
with stakeholders. Members of the
public can track the progress of the
issues raised in the petition as they go
through the rulemaking process via the
"NRC Regulatory Agenda: Semiannual
Report (NUREG-0936)," or online at
http://www.regulations.gov; search on
rulemaking docket ID NRC-2007-0018.
The changes requested in the petition
may or may not be incorporated into 10
CFR 50.55a exactly as requested. With
this action, PRM-50-89 is considered
resolved and administratively closed.
Dated at Rockville, Maryland, this 3rd day
of April 2009.
For the Nuclear Regulatory Commission.
Executive Director for Operations.
[FR Doc. E9-9197 Filed 4-21-09; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
16 CFR Part 317
[Project No. P082900]
Prohibitions on Market Manipulation in
Subtitle B of Title VIII of The Energy
Independence and Security Act of 2007
AGENCY: Federal Trade Commission.
ACTION: Revised notice of proposed
rulemaking; request for public
SUMMARY: Pursuant to Section 811 of
Subtitle B of Title VIII of The Energy
Independence and Security Act of 2007
("EISA"),1 the Federal Trade
Commission ("Commission" or "FTC")
is issuing a Revised Notice of Proposed
Rulemaking ("RNPRM"). The revised
proposed Rule in this RNPRM would
prohibit any person, directly or
indirectly, in connection with the
1 Section 811 is part of Subtitle B of Title VIII
of EISA, which has been codified at 42 U.S.C.
purchase or sale of crude oil, gasoline,
or petroleum distillates at wholesale,
from knowingly engaging in any act,
practice, or course of business-
including the making of any untrue
statement of material fact-that operates
or would operate as a fraud or deceit
upon any person, or intentionally failing
to state a material fact that under the
circumstances renders a statement made
by such person misleading, provided
that such omission distorts or tends to
distort market conditions for any such
product. Violations of the revised
proposed Rule, if such Rule is adopted,
would require proof by a preponderance
of the evidence. Anyone violating an
FTC rule promulgated under Section
811 of EISA, such as this revised
proposed Rule would be if adopted, may
face civil penalties of up to $1 million
per violation per day, in addition to any
relief available to the Commission under
the Federal Trade Commission Act
("FTC Act").2 The Commission invites
written comments on issues raised by
the revised proposed Rule and seeks
answers to the specific questions set
forth in Section IV.I. of this RNPRM.
DATES: Written comments must be
received by May 20, 2009. The
Commission does not contemplate any
extensions of this comment period.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to "Market
Manipulation Rulemaking, P082900" to
facilitate the organization of comments.
Please note that your comment-
including your name and your state-
will be placed on the public record of
this proceeding, including on the
publicly accessible FTC website, at
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual's Social Security Number;
date of birth; driver's license number or
other state identification number or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any "[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential," as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
approval of alternatives to ASME Code
2 15 U.S.C. 41-58.
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 76, April 22, 2009, Pages 18285-18448, periodical, April 22, 2009; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc132938/m1/26/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.