[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2277-2279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-644]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150--AI89
[NRC-2011-0002]


List of Approved Spent Fuel Storage Casks: NUHOMS[supreg] HD 
System Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is proposing to amend its spent fuel storage cask regulations by 
revising the Transnuclear, Inc. (TN) NUHOMS[supreg] HD System listing 
within the ``List of Approved Spent Fuel Storage Casks'' to include 
Amendment No. 1 to Certificate of Compliance (CoC) Number 1030. 
Amendment No. 1 would revise the definitions for Damaged Fuel Assembly 
and Transfer Operations; add definitions for Fuel Class and 
Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class 
fuel assemblies as authorized contents; reduce the minimum off-normal 
ambient temperature from -20 [deg]F to -21 [deg]F; expand the 
authorized contents of the NUHOMS[supreg] HD System to include 
pressurized water reactor fuel assemblies with control components; 
reduce the minimum initial enrichment of fuel assemblies from 1.5 
weight percent uranium-235 to 0.2 weight percent uranium-235; clarify 
the requirements of reconstituted fuel assemblies; add requirements to 
qualify metal matrix composite neutron absorbers with integral aluminum 
cladding; clarify the requirements for neutron absorber tests; delete 
use of nitrogen for draining the water from the dry shielded canister 
(DSC), and allow only helium as a cover gas during DSC cavity water 
removal operations; and make corresponding changes to the technical 
specifications (TS).

DATES: Comments on the proposed rule must be received on or before 
February 14, 2011.

ADDRESSES: Please include Docket ID NRC-2011-0002 in the subject line 
of your comments. For instructions on submitting comments and accessing 
documents related to this action, see Section I, ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit comments by any one of the following 
methods.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2011-0002. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668, e-mail: <a href="/cdn-cgi/l/email-protection#c182a0b3aeadef86a0adada0a6a4b381afb3a2efa6aeb7"><span class="__cf_email__" data-cfemail="94d7f5e6fbf8bad3f5f8f8f5f3f1e6d4fae6f7baf3fbe2">[email protected]</span></a>.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: <a href="/cdn-cgi/l/email-protection#b1e3c4ddd4dcd0dad8dfd69ff2dedcdcd4dfc5c2f1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="7d2f081118101c1614131a533e1210101813090e3d130f1e531a120b">[email protected]</span></a>. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (Telephone 301-
415-1677).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6445, e-mail: <a href="/cdn-cgi/l/email-protection#a3e4d1c6c4ccd1da8df7d1d6d0d0c6cfcfe3cdd1c08dc4ccd5"><span class="__cf_email__" data-cfemail="0b4c796e6c647972255f797e78786e67674b657968256c647d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal Rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed. The NRC requests that any party soliciting or 
aggregating comments received from other persons for submission to the 
NRC inform those persons that the NRC will not edit their comments to 
remove any identifying or contact information, and therefore, they 
should not include any information in their comments that they do not 
want publicly disclosed.
    You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have

[[Page 2278]]

copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#461602146814233529333425230628342568212930"><span class="__cf_email__" data-cfemail="4b1b0f1965192e38243e39282e0b253928652c243d">[email protected]</span></a>.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this proposed rule can be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0002.
    For additional information, see the Direct Final Rule published in 
the Rules and Regulations section of this Federal Register.

Procedural Background

    On May 6 and 7, 2010, respectively, a direct final rule (75 FR 
24786) and companion proposed rule (75 FR 25120) were published in the 
Federal Register to revise the cask system listing for the TN 
NUHOMS[supreg] HD System by adding Amendment No. 1 to the list of 
approved spent fuel storage casks in Title 10 of the Code of Federal 
Regulations (10 CFR) 72.214. After the rules were published, the 
applicant identified that a certain TS for Boral characterization (TS 
4.3.1, ``Neutron Absorber Tests'') was not written precisely and in a 
manner that could be readily and demonstrably implemented. On July 16, 
2010, the NRC withdrew the direct final rule (75 FR 41369) and the 
companion proposed rule (75 FR 41404).The applicant submitted revised 
language for TS 4.3.1 (and Final Safety Analysis Report (FSAR) sections 
incorporated into the TS by reference) on July 26 and August 24, 2010, 
which NRC staff reviewed and found to be acceptable. This proposed rule 
includes the original Amendment No. 1 changes and the revised TS 4.3.1 
and FSAR sections incorporated into the TS by reference.
    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1030 and does not include other aspects of the NUHOMS[supreg] 
HD System design. Because NRC considers this action noncontroversial 
and routine, the NRC is publishing this proposed rule concurrently as a 
direct final rule in the Rules and Regulations section of this Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on March 29, 
2011. However, if the NRC receives significant adverse comments on the 
direct final rule by February 14, 2011, then the NRC will publish a 
document that withdraws the direct final rule. If the direct final rule 
is withdrawn, the NRC will address the comments received in response to 
the proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action in the 
event the direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or TS.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements, Security measures, Spent 
fuel, Whistleblowing.

    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; the Nuclear Waste Policy Act of 1982, as 
amended, and 5 U.S.C. 553; the NRC is proposing to adopt the following 
amendments to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

    1. The authority citation for Part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).

    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).

    2. In Sec.  72.214, Certificate of Compliance 1030 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: January 10, 2007.
    Amendment Number 1 Effective Date: March 29, 2011.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.

[[Page 2279]]

    Docket Number: 72-1030.
    Certificate Expiration Date: January 10, 2027.
    Model Number: NUHOMS[supreg] HD-32PTH.
* * * * *


    Dated at Rockville, Maryland this 13th day of December 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2011-644 Filed 1-12-11; 8:45 am]
BILLING CODE 7590-01-P


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