This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

2243 

Vol. 76, No. 9 

Thursday, January 13, 2011 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2011–0002] 

RIN 3150–AI89 

List of Approved Spent Fuel Storage 

Casks: NUHOMS ® HD System 

Revision 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its spent fuel storage 

regulations by revising the 

Transnuclear, Inc. (TN) NUHOMS ® 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 will 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 °F to 

¥21 °F; expand the authorized contents 

of the NUHOMS ® 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: The final rule is effective March 

29, 2011, unless significant adverse 

comments are received by February 14, 

2011. 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. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: 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 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

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 

pdr.resource@nrc.gov. An electronic 

copy of the proposed CoC, Technical 

Specifications (TS), and preliminary 

safety evaluation report (SER) can be 

found under ADAMS Package 

Accession Number ML102500570. The 

ADAMS Accession Number for the 

Transnuclear, Inc application, dated 

November 1, 2007, is ML073110525. 

CoC No. 1030, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC’s 

PDR, Room O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD. Single copies of these documents 

may be obtained from 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 

Gregory.Trussell@nrc.gov. 

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 Gregory.Trussell@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act (NWPA) of 1982, as 

amended, requires that ‘‘the Secretary 

[of the Department of Energy] shall 

establish a demonstration program, in 

cooperation with the private sector, for 

the dry storage of spent nuclear fuel at 

civilian nuclear power reactor sites, 

with the objective of establishing one or 

more technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

NWPA states, in part, that ‘‘the 

Commission shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 218(a) for 

use at the site of any civilian nuclear 

power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in Title 10 of the Code of Federal 

Regulations (10 CFR) Part 72, which 

added a new Subpart K within 10 CFR 

Part 72, entitled ‘‘General License for 

Storage of Spent Fuel at Power Reactor 

Sites’’ (55 FR 29181; July 18, 1990). This 

rule also established a new Subpart L 

within 10 CFR Part 72, entitled 

‘‘Approval of Spent Fuel Storage Casks,’’ 

which contains procedures and criteria 

for obtaining NRC approval of spent fuel 

storage cask designs. The NRC 

subsequently issued a final rule on 

December 11, 2006 (71 FR 71463), that 

approved the NUHOMS ® HD System 

cask design and added it to the list of 

NRC-approved cask designs in 10 CFR 

72.214 as CoC No. 1030. 


srobinson on DSKHWCL6B1PROD with RULES
2244 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

Discussion 

On November 1, 2007, and as 

supplemented on December 15, 2008, 

February 19, April 30, May 26, June 10, 

September 17, 2009, June 17 

(proprietary information not publicly 

available), July 9, July 26, and August 

24, 2010, TN, the holder of CoC No. 

1030, submitted an application to the 

NRC that requested an amendment to 

CoC No. 1030. Specifically, TN 

requested changes to revise 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 °F to ¥21 °F; 

expand the authorized contents of the 

NUHOMS ® 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; and delete use of 

nitrogen for draining the water from the 

DSC, and allow only helium as a cover 

gas during DSC cavity water removal 

operations; and make corresponding 

changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 

4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. 

Tables 1 and 5 will be deleted and 

replaced with TS 2.1, and Tables 2, 3, 

4, and 7 will be revised to incorporate 

TS changes. 

As documented in the SER, the NRC 

staff performed a detailed safety 

evaluation of the proposed CoC 

amendment request and found that an 

acceptable safety margin is maintained. 

In addition, the NRC staff has 

determined that there continues to be 

reasonable assurance that public health 

and safety will be adequately protected. 

This direct final rule revises the 

NUHOMS ® HD System listing in 10 

CFR 72.214 by adding Amendment No. 

1 to CoC No. 1030. The amendment 

consists of the changes described above, 

as set forth in the revised CoC and TS. 

The revised TS are identified in the 

SER. 

The amended NUHOMS ® HD System 

cask design, when used under the 

conditions specified in the CoC, the TS, 

and NRC regulations, will meet the 

requirements of Part 72; thus, adequate 

protection of public health and safety 

will continue to be ensured. When this 

direct final rule becomes effective, 

persons who hold a general license 

under 10 CFR 72.210 may load spent 

nuclear fuel into NUHOMS ® HD 

System casks that meet the criteria of 

Amendment No. 1 to CoC No. 1030 

under 10 CFR 72.212. 

Discussion of Amendments by Section 

§ 72.214 List of approved spent fuel 

storage casks. 

Certificate No. 1030 is revised by 

adding the effective date of Amendment 

Number 1. 

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 ® HD System by adding 

Amendment No. 1 to the list of 

approved spent fuel storage casks in 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 direct final 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 ® HD System. 

The NRC is using the ‘‘direct final rule 

procedure’’ to issue this amendment 

because it represents a limited and 

routine change to an existing CoC that 

is expected to be noncontroversial. 

Adequate protection of public health 

and safety continues to be ensured. The 

amendment to the rule will become 

effective on March 29, 2011. However, 

if the NRC receives significant adverse 

comments on this direct final rule by 

February 14, 2011, then the NRC will 

publish a document that withdraws this 

action and will subsequently address 

the comments received in a final rule as 

a response to the companion proposed 

rule published elsewhere in this issue of 

the Federal Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

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-andcomment 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 detailed instructions on filling 

comments, please see the companion 

proposed rule published elsewhere in 

this issue of the Federal Register. 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this direct final rule, the 

NRC will revise the NUHOMS ® HD 

System cask design listed in § 72.214 

(List of approved spent fuel storage 

casks). This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ regulations. 

The NRC program elements in this 

category are those that relate directly to 

areas of regulation reserved to the NRC 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 2245 

by the Atomic Energy Act of 1954, as 

amended, or the provisions of 10 CFR. 

Although an Agreement State may not 

adopt program elements reserved to 

NRC, it may wish to inform its licensees 

of certain requirements via a mechanism 

that is consistent with the particular 

State’s administrative procedure laws 

but does not confer regulatory authority 

on the State. 

Plain Language 

The Presidential Memorandum, 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883), directed that the 

Government’s documents be in clear 

and accessible language. The NRC 

requests comments on this direct final 

rule specifically with respect to the 

clarity and effectiveness of the language 

used. Comments should be sent to the 

address listed under the heading 

ADDRESSES, above. 

Finding of No Significant 

Environmental Impact: Availability 

Under the National Environmental 

Policy Act of 1969, as amended, and the 

NRC regulations in Subpart A of 10 CFR 

Part 51, the NRC has determined that 

this rule, if adopted, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment and, therefore, an 

environmental impact statement is not 

required. The NRC has prepared an 

environmental assessment and, on the 

basis of this environmental assessment, 

has made a finding of no significant 

impact. This rule will amend the CoC 

for the NUHOMS ® HD System cask 

design within the list of approved spent 

fuel storage casks that power reactor 

licensees can use to store spent fuel at 

reactor sites under a general license. 

The amendment will 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 °F to 

¥21 °F; expand the authorized contents 

of the NUHOMS ® 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 

DSC, and allow only helium as a cover 

gas during DSC cavity water removal 

operation; and make corresponding 

changes to the TS that are revised to 

include TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 

4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 

and 5 are deleted and replaced with TS 

2.1, and Tables 2, 3, 4, and 7 are revised 

to incorporate TS changes. 

The environmental assessment and 

finding of no significant impact on 

which this determination is based are 

available for inspection at the NRC 

Public Document Room, Room O–1F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland. Single copies 

of the environmental assessment and 

finding of no significant impact are 

available from 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: 

Gregory.Trussell@nrc.gov. 

Paperwork Reduction Act Statement 

This rule does not contain any 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget 

(OMB), Approval Number 3150–0132. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

Part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s CoC, and the 

conditions of the general license are 

met. A list of NRC-approved cask 

designs is contained in 10 CFR 72.214. 

On December 11, 2006 (71 FR 71463), 

the NRC issued an amendment to Part 

72 that approved the NUHOMS ® HD 

System cask design by adding it to the 

list of NRC-approved cask designs in 10 

CFR 72.214. On November 1, 2007, as 

supplemented on December 15, 2008, 

February 19, April 30, May 26, June 10, 

September 17, 2009, June 17 

(proprietary information not publicly 

available), July 9, July 26, and August 

24, 2010, the certificate holder (TN) 

submitted an application to the NRC to 

amend CoC No. 1030 to 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 °F to 

¥21 °F; expand the authorized contents 

of the NUHOMS ® 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 

DSC, and allow only helium as a cover 

gas during DSC cavity water removal 

operations; and make corresponding 

changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 

4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. 

Tables 1 and 5 are deleted and replaced 

with TS 2.1, and Tables 2, 3, 4, and 7 

are revised to incorporate TS changes. 

The alternative to this action is to 

withhold approval of Amendment No. 1 

and to require any Part 72 general 

licensee, seeking to load spent nuclear 

fuel into NUHOMS ® HD System casks 

under the changes described in 

Amendment No. 1, to request an 

exemption from the requirements of 10 

CFR 72.212 and 72.214. Under this 

alternative, each interested Part 72 

licensee would have to prepare, and the 

NRC would have to review, a separate 

exemption request, thereby increasing 

the administrative burden upon the 

NRC and the costs to each licensee. 

Approval of the direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the SER and 

the environmental assessment, the 

direct final rule will have no adverse 

effect on public health and safety. This 

direct final rule has no significant 

identifiable impact or benefit on other 

Government agencies. Based on this 

regulatory analysis, the NRC concludes 

that the requirements of the direct final 

rule are commensurate with the NRC’s 

responsibilities for public health and 

safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

thus, this action is recommended. 


srobinson on DSKHWCL6B1PROD with RULES
2246 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and TN. 

These entities do not fall within the 

scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter 1. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs, OMB. 

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. 

552 and 553; the NRC is adopting 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 § 72.214, Certificate of 

Compliance 1030 is revised to read as 

follows: 

§ 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 ® HD 

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel. 

Docket Number: 72–1030. 

Certificate Expiration Date: January 

10, 2027. 

Model Number: NUHOMS ® 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. 2011–642 Filed 1–12–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 185 

[DoD–2008–OS–0085; RIN 0790–AI34] 

Defense Support of Civil Authorities 

(DSCA) 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

policy and assigns responsibilities for 

DSCA, supplements regulations 

regarding military support for civilian 

law enforcement, and sets forth policy 

guidance for the execution and 

oversight of DSCA when requested by 

civil authorities and approved by the 

appropriate Department of Defense 

(DoD) authority, or as directed by the 

President, within the United States, 

including the District of Columbia, the 

Commonwealth of Puerto Rico, the U.S. 

Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern 

Mariana Islands, and any territory or 

possession of the United States or any 

political subdivision thereof. Legislative 

changes over the years have made the 

existing guidance outdated and 

inconsistent with current law and the 

current organizational structure of the 

Department of Defense. This final rule 

will facilitate civil authorities’ access to 

the support they are seeking from the 

Department by establishing updated 

policy guidance and assigning the 

correct responsibilities within the 

Department for Defense Support of Civil 

Authorities in response to requests for 

assistance for domestic emergencies, 

designated law enforcement support, 

special events, and other domestic 

activities. 

DATES: Effective Date: This rule is 

effective February 14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Colonel Brent Feick, 703–697–5415. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on December 4, 2008 (73 

FR 73896–73900). Eighty-four 

comments were received and are 

addressed below: 

Comment: Thirty-nine of the 84 

public comments question the 

Constitutionality of the Department of 

Defense supporting civil authorities 

domestically. Example: DOD–2008– 

0085–006 ‘‘The U.S. Constitution 

outlines the use of military force within 

our borders. We don’t need this. We 

need leaders who have respect for our 

Constitution and our Liberty.’’ 

Response: The rule has been 

thoroughly reviewed by attorneys at 

several levels of the Departments of 

Defense, Justice, and Homeland Security 

and found not to violate any provisions 

of the Constitution. The Department of 

Defense (DoD) has historically been 

requested by civil authorities to provide 

support or assistance during various 

types of man-made or natural disasters, 

support for special events such as the 

National Political Conventions, the 


srobinson on DSKHWCL6B1PROD with RULES