47126 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Proposed Rules 

encouraged to participate in committee 

deliberations on all issues. Like all 

committee meetings, the October 30, 

2008, meeting was a public meeting and 

all entities, both large and small, were 

encouraged to express their views on 

this issue. Finally, interested persons 

are invited to submit comments on this 

proposed rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate because: (1) This rule 

should be in place at the beginning of 

the crop year, October 1, 2009; (2) this 

rule was unanimously recommended at 

a public meeting; and (3) this rule is a 

relaxation of nomination procedures 

and reporting requirements. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 987 is proposed to 

be amended as follows: 

PART 987—DOMESTIC DATES 

PRODUCED OR PACKED IN 

RIVERSIDE COUNTY, CALIFORNIA 

1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 987.124 [Amended] 

2. In § 987.124, paragraph (a) is 

revised to read as follows: 

§ 987.124 Nomination and polling. 

(a) Date producers and producerhandlers shall be provided an 

opportunity to nominate and vote for 

individuals to serve on the committee. 

For this purpose, the committee shall, 

no later than June 15 of each evennumbered year, provide date producers 

and producer-handlers nomination and 

balloting material by mail or equivalent 

electronic means, upon which 

producers and producer-handlers may 

nominate candidates and cast their 

votes for members and alternate 

members of the committee in 

accordance with the requirements in 

paragraphs (b) and (c) of this section, 

respectively. All ballots are subject to 

verification. Balloting material should 

be provided to voters at least 2 weeks 

before the due date and should contain, 

at least, the following information: 

(1) The names of incumbents who are 

willing to continue to serve on the 

committee; 

(2) The names of other persons 

willing and eligible to serve; 

(3) Instructions on how voters may 

add write-in candidates; 

(4) The date on which the ballot is 

due to the committee or its agent; and 

(5) How and where to return ballots. 

* * * * * 

3. Section 987.162 is revised to read 

as follows: 

§ 987.162 Handler acquisition and 

disposition. 

(a) Handlers shall file CDAC Form No. 

6 with the committee by the 16th of 

each month or such other date as the 

committee may prescribe, reporting at 

least the following for the preceding 

month: 

(1) Their acquisitions of field run 

dates; 

(2) Their shipments of marketable 

dates in each outlet category; 

(3) Their shipments of free dates and 

disposition of restricted dates, whenever 

applicable; and 

(4) Their purchases from other 

handlers of DAC, export, product, 

graded, and field run dates. 

(b) In addition, this report shall 

include the names and addresses of any 

producers not previously identified 

pursuant to § 987.38, the quantity of 

dates acquired from each producer, the 

location of such producer’s date garden, 

the acreage of that garden, and the 

estimated current season’s production 

from that garden. 

Dated: September 9, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–22065 Filed 9–14–09; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2008–0361] 

RIN 3150–AI09 

License and Certificate of Compliance 

Terms 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its regulations that govern 

licensing requirements for the 

independent storage of spent nuclear 

fuel. These proposed amendments 

include changes that would enhance the 

effectiveness and efficiency of the 

licensing process for spent nuclear fuel 

storage. Specifically, they would clarify 

the term limits for dry storage cask 

Certificates of Compliance (CoCs) and 

independent spent fuel storage 

installation (ISFSI) specific licenses. 

The proposed amendments would also 

provide consistency between the general 

and specific ISFSI license requirements, 

and allow general licensees subject to 

these regulations to implement changes 

authorized by an amended CoC to a cask 

loaded under the initial CoC or an 

earlier amended CoC (a ‘‘previously 

loaded cask’’). 

DATES: The comment period expires 

November 30, 2009. Comments received 

after this date will be considered if it is 

practical to do so, but the NRC is able 

to assure consideration only for 

comments received on or before this 

date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2008– 

0361 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

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 


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their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0361. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. 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. 

You may submit comments on the 

information collections by the methods 

indicated in the Paperwork Reduction 

Act Statement. 

You can access publicly available 

documents related to this proposed rule 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at NRC’s PDR, Public File 

Area O1 F21, 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 site, 

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. 

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–2008– 

0361. 

FOR FURTHER INFORMATION CONTACT: 

Keith McDaniel, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

5252, e-mail, Keith.McDaniel@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion 

A. What action is the NRC taking, and 

why? 

B. Whom does this action affect? 

C. Why is the NRC increasing initial and 

renewal terms for site-specific ISFSI 

licenses from 20 years to not to exceed 

40 years? 

D. Can applicants apply for an initial or 

renewal term greater than 40 years? 

E. Why is the NRC changing the word 

‘‘reapproval’’ to ‘‘renewal’’? 

F. Why is the NRC adding a definition for 

the term ‘‘time-limited aging analyses’’? 

G. What is an aging management program 

(AMP)? 

H. Why is the NRC requiring an AMP? 

I. Why is the NRC changing the 20-year 

general license term for cask designs 

approved for use under the general 

license provisions? 

J. Are there possible conflicts that could 

arise for storage cask designs that are 

granted a term extension that are also 

approved for a different term limit as a 

transportation package? 

K. How do general licensees track cask 

expiration dates? 

L. Who is responsible for applying for CoC 

renewals? 

M. Does the NRC have a definition for 

‘‘terms, conditions, and specifications’’ 

as related to the CoC? 

N. Under the proposed rule, can a licensee 

apply CoC amendments to previously 

loaded casks? 

O. May a general licensee implement only 

some of the authorized changes in a CoC 

amendment without prior NRC 

approval? 

P. Do later CoC amendments encompass 

earlier CoC amendments? 

Q. Why can’t general licensees use the 10 

CFR 72.48 process to apply CoC 

amendment changes to previously 

loaded casks? 

R. If a general licensee selects and 

purchases a cask system under an earlier 

amendment, but does not load the casks, 

can the general licensee adopt the most 

recent amendment for the empty casks 

before loading them? 

S. What are NRC’s plans for providing 

guidance and examples of aging analyses 

and AMPs to licensees? 

T. Could the NRC maintain the current 

paragraph designations of 10 CFR 

72.212(b)? 

U. When are licensees required to submit 

cask registration letters? 

V. If a CoC is not renewed, how long would 

general licensees have to remove expired 

casks from service? 

W. When NRC renews a CoC, are all 

amendments to that CoC simultaneously 

renewed as well? 

X. If a general licensee applies for the 

renewal of a given CoC (assuming the 

certificate holder went out of business or 

chose not to apply for the renewal of a 

given CoC), and if the NRC approves the 

renewal of that CoC, is the renewed CoC 

available only to that general licensee or 

is it available to all general licensees? 

Y. Can the requirements in the proposed 

rule regarding time-limited aging 

analyses for CoC renewals be based upon 

a ‘‘current licensing basis’’ patterned 

after 10 CFR Part 54 rather than the 10 

CFR Part 50 design bases? 

Z. What is the status of the draft NRC 

Regulatory Issue Summary (RIS) 2007–26 

which was issued on January 14, 2008 

(73 FR 2281)? 

AA. On what issues does the Nuclear 

Regulatory Commission specifically ask 

for public review and comment? 

III. Discussion of Proposed Amendments by 

Section 

IV. Criminal Penalties 

V. Agreement State Compatibility 

VI. Plain Language 

VII. Voluntary Consensus Standards 

VIII. Finding of No Significant 

Environmental Impact: Availability 

IX. Paperwork Reduction Act Statement 

X. Regulatory Analysis 

XI. Regulatory Flexibility Certification 

XII. Backfit Analysis 

I. Background 

On April 29, 2002, the Virginia Power 

and Electric Company (Dominion) 

submitted an application to renew 

Special Nuclear Materials (SNM) 

License SNM–2501 for the Surry ISFSI. 

SNM–2501 authorizes the storage of 

spent nuclear fuel in dry casks at the 

Surry Nuclear Power Plant. In the 

renewal application, Dominion 

requested an exemption from the 20- 

year license renewal term specified in 

10 CFR 72.42(a) and sought approval for 

a 40-year license renewal term. 

Similarly, on February 27, 2004, 

Progress Energy Carolinas, Inc. (Progress 

Energy) submitted an application for the 

renewal of H. B. Robinson’s ISFSI 

license which requested an exemption 

from the provisions of 10 CFR 72.42(a), 

so that the license renewal period for 

the H. B. Robinson ISFSI could be 

extended from 20 to 40 years. 

The NRC staff determined the 40-year 

renewal exemption request to be a 

policy decision, not a technical one, 

because the safety evaluation indicated 

sufficient technical information had 

been provided in the application to 

grant the 40-year renewal period. As a 

result, a Commission paper (SECY–04– 

0175) entitled, ‘‘Options for Addressing 

the Surry Independent Spent Fuel 

Storage Installation License-Renewal 

Period Exemption Request,’’ was 

submitted on September 28, 2004, to 

request Commission approval of the 

Surry 40-year renewal exemption 

request. 

On November 29, 2004, the 

Commission issued a Staff 

Requirements Memorandum (SRM) for 

SECY–04–0175, which authorized the 

NRC staff to approve 40-year license 

renewal terms for the Surry ISFSI, with 


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appropriate license conditions to 

manage the effects of aging. The SRM 

further directed the NRC staff to: (1) 

Initiate a program to review the 

technical basis for future rulemaking; (2) 

provide recommendations on the 

license term for Part 72 CoCs for spent 

nuclear fuel dry cask storage systems; 

and (3) apply the Commission-approved 

guidance for Part 72 renewals to future 

site-specific exemption requests without 

further Commission approval. In 

response to this direction, the staff 

submitted a Commission paper (SECY– 

06–0152) entitled, ‘‘Title 10 Code of 

Federal Regulations Part 72 License and 

Certificate of Compliance Terms,’’ on 

July 7, 2006, to recommend the scope of 

rulemaking. 

In an SRM, dated August 14, 2006, the 

Commission authorized the staff to 

proceed with rulemaking proposals 

described in SECY–06–0152. In 

addition, the Commission specifically 

directed the staff to address the 

following points in the rulemaking: (1) 

Clarify the start of the 20-year term limit 

for cask designs approved under general 

license provisions; (2) identify whether 

the cask vendor or licensee is 

responsible for applying for the CoC 

renewals; (3) discuss possible conflicts 

that could arise for storage cask designs 

that are granted a license term extension 

and that have been approved for 

transport with a different license term; 

(4) discuss how the cask expiration 

dates are tracked at each general license 

site so that it is clearly understood when 

the CoC for each cask design must be 

renewed; and (5) clarify the difference 

between CoC ‘‘approval’’ and 

‘‘renewal.’’ 

As this rulemaking commenced, the 

NRC staff identified a related issue 

regarding its approval of Amendment 4 

to CoC 72–1026, which revised cask 

monitoring and surveillance 

requirements for the BNG Fuel 

Solutions W–150 storage cask. 

Subsequent to the approval, the 

certificate holder requested guidance 

from the NRC on the implementation of 

the changes authorized by the CoC 

amendment to previously loaded casks. 

In addition to this request, the NRC staff 

became aware of the belief among some 

general licensees that changes 

authorized by CoC amendments can be 

applied to previously loaded casks 

without prior NRC approval, if an 

analysis under § 72.48 is performed. 

The NRC staff determined that under 

the current regulations, changes 

authorized by CoC amendments cannot 

be applied to previously loaded casks 

without express NRC approval, if such 

change results in a change to the terms 

or conditions of the CoC under which 

the cask was loaded. A previously 

loaded cask is bound by the terms and 

conditions (including the technical 

specifications) of the CoC applicable to 

that cask when the licensee loaded the 

cask. Therefore, under the current 

regulations, general licensees that want 

to apply changes approved by a CoC 

amendment to a previously loaded cask 

must request an exemption from the 

NRC if these changes alter the terms or 

conditions of the CoC under which that 

cask was loaded. 

In the SRM for COMSECY–07–0032, 

dated December 12, 2007, the 

Commission stated that it did not object 

to the staff expanding the scope of the 

proposed rulemaking to include two 

issues concerning the extension of 

license renewal terms for ISFSI specific 

licenses and to allow Part 72 general 

licensees to apply CoC amendment 

changes to previously loaded casks. 

In the August 14, 2006, SRM for 

SECY–06–0152, the Commission 

directed the NRC staff to be as 

transparent as possible in developing 

the proposed rule package, including 

making draft text available for comment 

to stakeholders, and holding public 

meetings, if necessary, before formal 

submission of the proposed rule to the 

Commission. In response, the NRC staff 

held public meetings on November 7, 

2006, and February 29, 2008, to discuss 

the technical bases of the rulemaking 

with stakeholders. In addition, on 

August 4, 2008, the NRC staff made 

preliminary draft rule text available for 

comment to stakeholders on 

Regulations.gov (Docket ID NRC–2008– 

0361). The only external stakeholders 

that submitted comments were Nuclear 

Energy Institute and Florida Power and 

Light. The comments generally 

supported the rulemaking. The 

‘‘Discussion’’ section of this document 

includes NRC responses to significant 

stakeholder comments. 

II. Discussion 

A. What action is the NRC taking, and 

why? 

The NRC is proposing to revise Part 

72 requirements for site-specific and 

general ISFSI licensees and CoCs to 

enhance the effectiveness and efficiency 

of the licensing process. 

For site-specific ISFSI licenses, the 

Commission is proposing to codify a 

technical approach consistent with that 

applied in granting the 40-year 

exemptions for the Surry and H. B. 

Robinson site-specific ISFSI license 

renewals, so that all site-specific ISFSI 

licensees will have the flexibility to 

request up to 40-year initial and renewal 

terms while ensuring safe and secure 

storage of spent nuclear fuel. 

For CoCs, the Commission is also 

proposing to allow the flexibility for 

applicants to request initial and renewal 

terms up to 40 years. Question C of this 

section discusses the technical basis for 

this change. Under this proposed 

change, applicants would be required to 

demonstrate that design and support/ 

operational programs are suitable for the 

requested term. The NRC staff has 

developed a standard review plan for 

renewal applications. 

For both site-specific licenses and 

CoCs, the proposed rule adds a 

requirement that renewal applicants 

must provide time limited aging 

analyses and a description of an aging 

management program (see Questions F, 

G, and H) to ensure that storage casks 

will perform as designed under 

extended license terms. 

The NRC is proposing to replace the 

term ‘‘reapproval,’’ which is used to 

describe the process of extending the 

CoC terms, to ‘‘renewal’’ for consistency 

with site-specific license terminology. 

Question E of this section discusses the 

rationale for this change. 

The proposed rule also would allow 

general licensees to implement changes 

associated with CoC amendments to 

previously loaded casks, provided that 

the loaded cask conforms to the CoC 

amendment codified by the NRC in 

§ 72.214 and continue to ensure the safe 

and secure storage of spent fuel. 

Question N of this section discusses the 

rationale for this change. 

B. Whom does this action affect? 

The proposed rule would affect Part 

72 site-specific and general licensees 

and certificate holders. 

C. Why is the NRC increasing initial and 

renewal terms for site-specific ISFSI 

licenses from 20 years to not to exceed 

40 years? 

The NRC is increasing initial and 

renewal terms for site-specific ISFSI 

licenses from 20 years to not to exceed 

40 years to be consistent with the NRC 

staff’s findings regarding the safety of 

spent nuclear fuel storage, as 

documented in the renewal exemptions 

issued to the Surry and H.B. Robinson 

ISFSIs. During the review for the Surry 

and H. B. Robinson renewal 

applications, the NRC staff evaluated 

the technical data resulting from an 

NRC-supported research program at the 

Idaho National Laboratory (INL), 

formerly Idaho National Engineering 

and Environmental Laboratory, and also 

considered experience with dry spent 

fuel storage casks used at Surry. Under 

the INL research program, INL opened 


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a dry storage cask after the fuel had been 

stored for approximately 15 years. At 

Surry, several casks were also opened 

after less than 15 years of storage as a 

result of some faulty weather covers 

which were corrected. Summaries of the 

findings regarding the condition of the 

fuel and cask components follow: 

(1) Cladding creep is a timedependent change in the dimension of 

the cladding resulting from high 

temperature and stress. It was 

considered as a potential degradation 

mechanism during storage. 

Confirmatory inspection of the spent 

fuel stored at INL verified that no 

cladding creep had occurred. The spent 

fuel in dry storage at Surry also supports 

this finding. The NRC staff expects very 

little to no fuel degradation at the end 

of an extended licensing period. The 

established limits for cladding 

temperature during storage, and 

continually decreasing level of cladding 

stress and temperature, further remove 

creep as a degradation mechanism. 

Assessment indicated that cladding 

creep would not be an issue. 

(2) The NRC staff also expects limited 

degradation of other internal 

components because there are no 

significant corrosive influences in the 

inert environment, either for the fuel or 

for other components. The INL 

inspection verified that there was no 

indication of corrosion for any internal 

canister components. The NRC staff has 

also concluded that radiation levels are 

too low to significantly alter the 

properties of the metals for any storage 

canister components. 

(3) The other external components of 

the storage systems (which are exposed 

to weathering effects) would already be 

covered by an inspection and corrective 

action program, or routine maintenance, 

to ensure that any degradation will be 

identified and assessed for its 

importance to safety, and will be 

addressed through corrective actions to 

ensure continued safe operation of the 

storage system. 

Based on these findings, the NRC staff 

concludes that, with appropriate aging 

management and maintenance 

programs, license terms not to exceed 40 

years are reasonable and protect public 

health and safety and the environment. 

D. Can applicants apply for an initial or 

renewal term greater than 40 years? 

Under the proposed rule, applicants 

cannot apply for an initial or renewal 

term greater than 40 years. Any request 

for a term greater than 40 years must be 

justified and will be processed as an 

exemption request under § 72.7. As 

discussed in Question C of this section, 

the NRC staff believes that 40-year 

increments are reasonable without 

undue risk to the public or to the 

environment, if there are appropriate 

aging management and maintenance 

programs. 

The license term (i.e., initial license 

or renewed license) establishes specific 

intervals for the systematic evaluation of 

systems, structures, and components 

important to safety to ensure their safe 

operation. For licensing purposes, the 

Commission has determined that the 

license term for dry spent fuel cask 

storage is limited to 40 years or less 

depending on the technical justification 

submitted by the licensee. However, if 

a licensee requested that a specific 

license period be longer than 40 years, 

that license application would have to 

provide additional information on the 

long-term material degradation of dry 

spent fuel storage casks, as well as 

associated aging management activities, 

to justify safe operation during the 

extended period, and the NRC would 

need to evaluate this information. This 

discussion about license renewal terms 

longer than 40 years does not imply that 

the spent fuel cannot be safely stored 

beyond the maximum allowed 40 year 

license term. In fact, the regulations 

place no restrictions on the number of 

times the license can be renewed. The 

key element in approving an initial 

license application or renewal 

application is a finding of reasonable 

assurance that the public health and 

safety will be protected during the 

license term. This finding arises from 

the review of the technical basis. 

E. Why is the NRC changing the word 

‘‘reapproval’’ to ‘‘renewal’’? 

The NRC is changing the word 

‘‘reapproval’’ to ‘‘renewal’’ in the 

proposed rule to be consistent with the 

terminology used in other license 

requirements under Part 72. Currently, 

§ 72.240 uses ‘‘reapproval’’ to describe 

the process of extending the terms of 

CoCs. However, this terminology differs 

from other sections in Part 72. For 

example, § 72.42 uses the word 

‘‘renewal’’ to define the process for 

extending the term of site-specific ISFSI 

licenses, and § 72.212(a)(3) uses 

‘‘renewal’’ to define the process for the 

continued use of storage casks of a 

particular design at a given site. 

Although ‘‘reapproval’’ and ‘‘renewal’’ 

are similar words, they are subject to 

different regulatory interpretations. 

‘‘Renewal’’ typically implies a process 

whereby a new license, subject to the 

same requirements as the original, 

replaces an expired license. 

‘‘Reapproval’’ could imply a process to 

reevaluate the design bases in 

accordance with current review 

standards, which may be different from 

the standards in place at initial 

certification and storage cask use. 

By using the word ‘‘renewal,’’ the 

proposed rule revisions would remove 

ambiguity from the process for 

extending the terms of CoCs, as opposed 

to the uncertainty of extending CoC 

terms based on reevaluation of design 

bases using current standards. Although 

the NRC continuously updates its 

review standards, no compelling safety 

concerns have been identified to 

warrant the removal of spent fuel from 

a cask design that does not meet the 

latest review standards. 

In addition, the Statements of 

Consideration (55 FR 29184; July 18, 

1990) for the final rule that added the 

general license provisions to Part 72 

stated that the intent of reapproval is 

not to reevaluate the initial licensing 

basis: ‘‘[t]he procedure for reapproval of 

cask designs was not intended to repeat 

all the analyses required for the original 

approval.’’ Thus, this interpretation of 

‘‘reapproval’’ is more in the nature of a 

‘‘renewal,’’ in that the initial licensing 

basis does not need to be reevaluated to 

extend CoC terms. 

The referenced Statements of 

Consideration also reported that, ‘‘[t]he 

Commission believes that the staff 

should review spent fuel storage cask 

designs periodically to consider any 

new information, either generic to spent 

fuel storage or specific cask designs, that 

may have arisen since issuance of the 

Certificate of Compliance.’’ Clearly, 

measures would need to be taken if the 

‘‘new information’’ involves safety 

concerns. These measures would 

depend on the nature of the safety 

concerns and the cask design. Requests 

for Additional Information (RAIs) may 

be generated during the renewal process 

to prompt licensees/applicants to 

address such safety concerns. 

The NRC recognizes that a cask design 

certified years ago may not meet the 

latest standards, yet it may be fully 

acceptable to continue to store fuel 

already in casks of that design. 

Furthermore, there would be significant 

safety considerations if spent fuel were 

to be repackaged. When considering 

repackaging, safety considerations 

associated with the repackaging 

operation should be weighed against 

any safety concerns with leaving the 

spent fuel in its existing storage 

container. Renewal for an existing 

loaded cask should consider the initial 

licensing basis. For an unloaded cask or 

an older cask design whose CoC has 

expired, it would be prudent to review 

it against the latest standards. 


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F. Why is the NRC adding a definition 

for the term ‘‘time-limited aging 

analyses’’? 

Time-Limited Aging Analyses (TLAA) 

is a process to assess systems, 

structures, and components (SSCs) 

important to safety which have a timedependent operating life. The NRC is 

proposing to add a definition for TLAA 

because TLAA would be required for 

the renewal of a site-specific license 

under proposed § 72.42(a)(1) and for the 

renewal of a spent fuel storage cask CoC 

under proposed § 72.240(c)(2). 

Furthermore, stakeholders asked for a 

definition of ‘‘time-limited aging 

analyses’’ when they reviewed the 

initial guidance document for the Surry 

and H. B. Robinson site-specific ISFSI 

license renewals. 

G. What is an Aging Management 

Program (AMP)? 

An AMP is a program for addressing 

aging effects which may include 

prevention, mitigation, condition 

monitoring and performance monitoring 

programs. SSCs must be evaluated to 

demonstrate that aging effects will not 

compromise the SSCs’ intended 

functions during the storage period. 

H. Why is the NRC requiring an AMP? 

The NRC believes that it is 

appropriate to codify an AMP in Part 72 

for applicants who apply to renew sitespecific ISFSI licenses or CoCs because 

degradation of the SSCs at an ISFSI, 

such as degradation due to corrosion, 

radiation, and creep, are timedependent mechanisms. AMP 

requirements would ensure that SSCs 

will perform as designers intended 

during the renewal period. 

I. Why is the NRC changing the 20-year 

general license term for cask designs 

approved for use under the general 

license provisions? 

The NRC is proposing to change the 

20-year general license term limit for the 

storage of spent fuel in casks fabricated 

under a CoC to be consistent with the 

proposed revisions to CoC initial and 

renewal terms (which establish a CoC 

term not to exceed 40 years). 

Under § 72.210, a general license for 

the storage of spent fuel in an ISFSI at 

power reactor sites is issued to those 

persons authorized to possess or operate 

nuclear power reactors under 10 CFR 

Parts 50 or 52. The general license is 

limited to that spent fuel which the 

general licensee is authorized to possess 

at the site under the specific license for 

the site. The general license is further 

limited to storage of spent fuel in casks 

approved and fabricated under the 

provisions of Subpart L of Part 72. 

Currently, the general licensee’s 

authority to use a particular cask design 

under an approved CoC terminates 20 

years after the date that the general 

licensee first uses the particular cask to 

store spent fuel, unless the cask’s CoC 

is renewed, in which case the general 

license terminates 20 years after the CoC 

renewal date. In the event the cask’s 

CoC were to expire, any loaded spent 

fuel storage casks of that design would 

need to be removed from service after a 

storage period not to exceed 20 years. 

The NRC proposes to revise the 

regulations to specify that the general 

license for the storage of spent fuel in 

each cask fabricated under a CoC 

commences upon the date that the 

particular cask is first used by the 

general licensee to store spent fuel and 

shall not exceed the term certified by 

the cask’s CoC, unless the cask’s CoC is 

renewed, in which case the general 

license terminates when the cask’s CoC 

expires. The proposed rule further 

specifies that if a CoC were to expire, 

any loaded spent fuel storage casks of 

that design would need to be removed 

from service after a storage period not to 

exceed the term certified by the cask’s 

CoC. 

J. Are there possible conflicts that could 

arise for storage cask designs that are 

granted a term extension that are also 

approved for a different term limit as a 

transportation package? 

The Commission raised this issue in 

its SRM for SECY–06–0152, dated 

August 14, 2006. The NRC staff does not 

foresee any possible conflicts. The 

current regulations in Part 72 encourage, 

but do not require storage cask designs 

to have a compatible, approved 

transportation cask. So called ‘‘dual 

use’’ systems must be separately 

certified under the requirements in 10 

CFR Part 71 (transportation) and Part 72 

(storage). Typically, the only common 

item between these systems is the inner 

canister, which holds the spent fuel 

contents. 

Part 71 certificates for transportation 

packages are issued for a 5-year term 

whereas Part 72 CoCs are issued for 

much longer periods (under the current 

regulations, most CoCs have 20 year 

terms; under the proposed rule, the CoC 

term is extended to a not to exceed 40 

year term). For each transportation cask 

certified under 10 CFR Part 71, the CoC 

specifies ‘‘approved contents.’’ The 

description of the approved contents for 

a spent fuel transportation package 

defines the acceptable fuel types and 

characteristics and, typically, it is the 

condition of the fuel, not its age that 

determines its acceptability. Spent fuel 

stored in dry casks, even for extended 

terms, is not expected to experience any 

significant degradation that would affect 

its acceptability to be shipped in a 

suitable transportation cask. Part 72 

general design criteria require fuel 

retrievability and that design of the 

storage casks should consider, to the 

extent practicable, compatibility with 

removal of the stored spent fuel from 

the reactor site, transportation, and 

ultimate disposition by the Department 

of Energy. Based upon the NRC 

supported INL research program and the 

Surry and H.B. Robinson ISFSI renewal 

applications, the NRC staff has 

concluded that typical spent fuel can be 

safely stored in dry casks without 

appreciable degradation. 

If the condition of spent fuel, or its 

storage canister, was believed to have 

degraded during extended storage such 

that it no longer met the criteria for 

approved contents, a licensee would 

have other alternatives for transport of 

that spent fuel. A new or modified 

approved transportation cask might be 

used, or the fuel might be repackaged 

(or ‘‘canned’’), to place it in an 

acceptable configuration. 

K. How do general licensees track cask 

expiration dates? 

General licensees maintain a schedule 

for each cask used at their sites, and the 

licensees submit this information to the 

Commission. Section 72.212(b)(1) of the 

proposed rule requires general licensees 

to notify the Commission at least 90 

days before first storing spent nuclear 

fuel under a general license. Section 

72.212(b)(2) of the proposed rule would 

require general licensees to register use 

of each cask with the Commission no 

later than 30 days after using that cask 

to store spent fuel. To register casks, 

licensees must submit their name and 

address, reactor license and docket 

numbers, the name and title of a person 

responsible for providing additional 

information concerning spent fuel 

storage under the general license, the 

cask certificate number, the amendment 

number, if applicable, cask model 

number, and the cask identification 

number. With this information, the 

Commission will know the loading and 

expiration dates of each cask. This 

information also will enable the NRC to 

schedule any necessary inspections and 

will permit the NRC to maintain an 

independent record of use for each cask. 

L. Who is responsible for applying for 

CoC renewals? 

The proposed rule retains the 

structure of the current rule which 

emphasizes the certificate holder (the 

cask vendor) applying for cask renewal. 

If the certificate holder chooses not to 


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apply for the renewal of a particular 

cask design or is no longer in business, 

a general licensee may apply for 

renewal in its place. If the general 

licensee seeks to fabricate this cask 

design, it must satisfy the applicable 

requirements of Part 72, including 

establishment and maintenance of the 

requisite quality assurance (QA) 

program. 

M. Does the NRC have a definition for 

‘‘terms, conditions, and specifications’’ 

as they relate to the CoC? 

The NRC does not include a 

definition for ‘‘terms, conditions, and 

specifications’’ in the proposed rule 

because these words are generic in 

nature, and are used in other parts of the 

NRC’s regulations without definition. 

N. Under the proposed rule, can a 

licensee apply CoC amendments to 

previously loaded casks? 

Proposed § 72.212 would allow a 

general licensee to apply changes 

authorized by a CoC amendment to a 

previously loaded cask provided that 

the licensee demonstrates, through a 

written evaluation, that the cask meets 

the terms and conditions of the subject 

CoC amendment (i.e., the loaded cask 

must conform to the CoC amendment 

codified by the NRC in § 72.214). 

O. May a general licensee implement 

only some of the authorized changes in 

a CoC amendment without prior NRC 

approval? 

If a general licensee elects to apply 

the changes authorized by a CoC 

amendment to a previously loaded cask, 

the cask must conform to the terms and 

conditions after the changes have been 

applied, including the technical 

specifications of the CoC amendment. 

Partial or selective application of some 

of the authorized changes, but not 

others, requires prior NRC approval (in 

this case, the general licensee would 

apply for an exemption). The basis for 

allowing licensees to apply the changes 

authorized by a CoC amendment to a 

previously loaded cask without prior 

approval from the NRC is that the cask 

will remain in an analyzed condition if, 

after the changes have been applied, it 

conforms to the terms and conditions of 

the CoC amendment. The NRC has 

previously stated, ‘‘a spent fuel storage 

cask will be relied on to provide safe 

confinement of radioactive material 

independent of a nuclear power 

reactor’s site, so long as conditions of 

the Certificate of Compliance are met’’ 

(54 FR 19381; May 5, 1989). However, 

partial or selective application of a CoC 

amendment’s changes would result in a 

cask that would be in an unanalyzed 

condition. 

In a related issue, the NRC agrees with 

an industry comment raised in response 

to the publication of the draft 

preliminary rule text (73 FR 45173; 

August 4, 2008). The draft preliminary 

rule text required that a general licensee 

ensure that once the changes authorized 

by a CoC amendment had been applied 

to a previously loaded cask, that the 

cask then ‘‘fully conforms’’ to the terms 

and conditions of the CoC amendment. 

The industry comment raised the 

concern that the phrase ‘‘fully 

conforms’’ was overly restrictive and 

requiring conformance with all the 

changes authorized by a CoC 

amendment would not be feasible or 

logical in certain instances, namely, in 

those cases where the amended CoC 

requirements do not apply to that 

particular general licensee site or ISFSI 

(e.g., requirements for pressurized water 

reactors (PWR) fuel at a boiling water 

reactor (BWR) plant). 

In light of this comment, the proposed 

rule language now requires that the 

cask, once CoC amendment changes 

have been applied, ‘‘conforms’’ to the 

terms and conditions of the CoC 

amendment. Thus, CoC amendment 

requirements for PWR fuel need not be 

met at a BWR plant. 

Similarly, if the CoC amendment 

changes the Technical Specifications for 

loading, general licensees may have 

difficulty demonstrating that the 

previously loaded cask complies with 

the new loading requirements. Proposed 

10 CFR 72.212(b)(5) would require 

general licensees to perform written 

evaluations prior to applying the 

changes authorized by an amended CoC 

to a previously loaded cask. If the 

evaluation indicates that the loading 

conditions under the old CoC 

amendment would not affect the ability 

of the previously loaded cask to meet 

the storage or unloading requirements of 

the newer CoC amendment, general 

licensees would be considered as 

conforming with the terms and 

conditions of the newer CoC 

amendment without having to meet the 

new loading requirements. 

P. Do later CoC amendments encompass 

earlier CoC amendments? 

No, later CoC amendments do not 

encompass earlier amendments unless 

the language of the later CoC 

amendment expressly indicates 

otherwise. Generally, when the NRC 

reviews an amendment to a CoC, the 

NRC staff considers the changes 

associated with the amendment request 

only and limits its review to the 

bounding conditions of the analysis. 

Specific changes associated with earlier 

CoC amendments for previously loaded 

casks are not considered during the 

review process for a later amendment. 

Thus, depending on the nature of the 

changes, later amendments do not 

necessarily encompass earlier 

amendments and sometimes may be 

inconsistent with earlier amendments. 

Q. Why can’t general licensees use the 

10 CFR 72.48 process to apply CoC 

amendment changes to previously 

loaded casks? 

The principal requirement of § 72.48 

regarding changes to cask designs is that 

the desired changes do not result in a 

change in the terms, conditions, or 

specifications incorporated in the CoC. 

A previously loaded cask is bound by 

the terms, conditions, and technical 

specifications of the CoC applicable to 

that cask at the time the licensee loaded 

the cask. Thus, under § 72.48, a licensee 

may only make those cask design 

changes that do not result in a change 

to the terms, conditions, or 

specifications of the CoC under which 

the cask was loaded. The proposed rule 

would not amend § 72.48; but would 

amend § 72.212 by authorizing a general 

licensee to apply the changes authorized 

by a CoC amendment to a previously 

loaded cask, provided that after the 

changes have been applied, the cask 

conforms to the terms and conditions, 

including the technical specifications, 

of the CoC amendment. 

R. If a general licensee selects and 

purchases a cask system under an 

earlier amendment, but does not load 

the casks, can the general licensee 

adopt the most recent amendment for 

the empty casks before loading them? 

Adoption of the most recent 

amendment depends on the nature of 

the changes between the CoC 

amendment under which the cask 

system was fabricated and the most 

recent amendment. CoC amendments 

are routinely requested by cask 

manufacturers or vendors (also referred 

to as the certificate holders) to account 

for advances in cask design and 

technology. Some amendments will be 

associated with cask hardware changes. 

A cask system that was purchased under 

an older amendment may or may not be 

able to be modified to a cask system that 

meets the most recent amendment. 

Proposed § 72.212 would require that 

general licensees perform written 

evaluations demonstrating that the 

conditions in the CoC have been met 

before loading empty casks. If such an 

evaluation failed to meet the conditions 

in the most recent CoC amendment, the 

empty cask cannot be changed to the 


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most recent amendment by the general 

licensee before loading. If the evaluation 

demonstrates that the conditions in the 

most recent CoC amendment are met, 

then the most recent amendment can be 

implemented to this previously 

purchased empty cask. 

S. What are NRC’s plans for providing 

guidance and examples of aging 

analyses and AMPs to licensees? 

The NRC is developing a draft 

Standard Review Plan (SRP) entitled, 

‘‘Standard Review Plan for License 

Renewal of Independent Fuel Storage 

Installations.’’ The intent of this SRP is 

to provide guidance to the NRC staff in 

reviewing the licensees’ programs for 

managing the effects of aging on spent 

fuel storage casks or ISFSI sites. Aging 

analyses and aging management 

programs are two components of an 

overall program for managing the effects 

of aging. Because applicants would need 

to submit a time-limited aging analysis 

and a description of their program to 

manage the effects of aging when 

applying for renewal of either CoCs or 

specific licenses under the proposed 

rule, this SRP would also assist 

potential applicants in identifying 

parameters to be included in a renewal 

application and measures necessary to 

ensure that the cask or ISFSI can be 

operated during the renewal period 

without undue risk to the public health 

and safety. The draft SRP will be 

published for public comment following 

the publication of this proposed rule. 

T. Could the NRC maintain the current 

paragraph designations of 10 CFR 

72.212(b)? 

The NRC understands the burden 

arising from changing the paragraph 

designations of a regulation. However, 

the NRC is proposing to rearrange the 

provisions of § 72.212(b) to better 

organize regulatory requirements. For 

example, the proposed rule would 

group recordkeeping requirements at the 

end of § 72.212(b) rather than dispersing 

them among other requirements, as is 

currently the case. The NRC’s intent for 

rearranging § 72.212(b) is to make this 

provision more user-friendly. These 

proposed changes are documented in 

Table 1 located in Section III (Item 4) of 

this document (Discussion of Proposed 

Amendments by Section under the 

discussion pertaining to § 72.212). 

U. When are licensees required to 

submit cask registration letters? 

Under proposed 10 CFR 72.212(b)(2), 

general licensees must submit a cask 

registration letter no later than 30 days 

after using (loading) that cask to store 

spent fuel. One registration letter may 

be submitted for a campaign that loads 

more than one cask, provided that the 

letter lists the cask certificate number, 

the amendment number, the cask model 

number, and the cask identification 

number of each cask covered by the 

campaign. 

In addition, under proposed 10 CFR 

72.212(b)(4), general licensees must 

submit a cask registration letter no later 

than 30 days after applying the changes 

authorized by an amended CoC to a 

previously loaded cask. One registration 

letter may be submitted for a campaign 

that applies CoC amendment changes to 

more than one cask, provided that the 

letter lists the cask certificate number, 

the amendment number to which the 

cask will conform, the cask model 

number, and the cask identification 

number of each cask covered by the 

campaign. 

V. If a CoC is not renewed, how long 

would general licensees have to remove 

expired casks from service? 

For those dry storage systems for 

which renewals are not planned, users 

should plan ahead to remove these dry 

storage systems from service before the 

expiration of the storage terms specified 

in the expired CoC. Because users are 

most aware of the general cask schedule 

and the number of casks to be removed 

from service at their sites, users are in 

the best position to develop a reasonable 

schedule for the removal. The NRC 

anticipates that dry storage systems with 

a large number of casks in use likely 

will be renewed either by the vendor or 

by a user or group of users. Therefore, 

it is unlikely that licensees will need to 

remove a large number of casks from 

service at the same time. 

W. When the NRC renews a CoC, are all 

amendments to that CoC simultaneously 

renewed as well? 

Section 72.214 lists one expiration 

date for each CoC. Amendments under 

a CoC may have different effective dates; 

however, they share the same certificate 

number and docket number. Therefore, 

a single renewal application for a CoC 

with updated information to reflect all 

the changes would apply to all CoC 

amendments. 

X. If a general licensee applies for the 

renewal of a given CoC (assuming the 

certificate holder went out of business or 

chose not to apply for the renewal of a 

given CoC), and if the NRC approves the 

renewal of that CoC, is the renewed CoC 

available only to that general licensee or 

is it available to all general licensees? 

CoC certificates are generic designs 

and approved by rulemaking. The 

renewed CoC would be available to all 

persons who hold a general license 

under § 72.210. 

Y. Can the requirements in the proposed 

rule regarding time-limited aging 

analyses for CoC renewals be based 

upon a ‘‘current licensing basis’’ 

patterned after 10 CFR Part 54 rather 

than the design bases? 

The NRC does not believe that the 

Part 54 ‘‘current licensing basis’’ (CLB) 

is the appropriate basis for time-limited 

aging analyses in support of CoC 

renewals. The NRC does not believe that 

it is appropriate for the CLB to be 

applied to cask CoC renewals, which are 

generic. The CLB is typically the set of 

NRC requirements applicable to a 

specific plant and a specific licensee’s 

written commitments for ensuring 

compliance with and operation within 

applicable NRC requirements, including 

the plant specific design basis 

(including all modifications and 

additions to regulatory commitments 

over the life of the license) that are 

docketed and in effect. 

Z. What is the status of the draft NRC 

Regulatory Issue Summary (RIS) 2007– 

26 which was issued on January 14, 

2008 (73 FR 2281)? 

The NRC has decided not to finalize 

the draft RIS 2007–26, because proposed 

§ 72.212(b) would provide a path 

forward for implementation of later 

amendments to previously loaded casks. 

An Enforcement Guidance 

Memorandum (EGM) will be issued in 

conjunction with the publication of this 

proposed rule to provide guidance to 

NRC inspectors for exercising 

enforcement discretion concerning 

deficiencies related to implementing 

changes, authorized by CoC 

amendments to previously loaded casks, 

that occurred prior to issuance of the 

EGM. 

AA. On what issues does the Nuclear 

Regulatory Commission specifically ask 

for public review and comment? 

The NRC is inviting the public to 

comment on the proposed rule in its 

entirety. In particular, the NRC requests 

public review and comment on the 

proposed provisions in 10 CFR 72.212 

with regard to implementation of the 

requirements to allow a licensee to 

apply the changes authorized by an 

amended CoC to a previously loaded 

cask, and whether or not the evaluation 

required by 10 CFR 72.212(b)(5) should 

be reviewed and approved by the NRC. 

The NRC also seeks public review and 

comment on whether the requirement 

for an aging management program for 

CoC renewals should fully address 

possible site aging issues (e.g., different 


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environmental conditions) for general 

licensees. 

III. Discussion of Proposed 

Amendments by Section 

1. Section 72.3, Definitions. 

The proposed rule would add a 

definition for ‘‘Time-limited aging 

analysis.’’ 

2. Section 72.24, Contents of 

application; Technical information. 

The proposed rule change to 

§ 72.24(c) would require applicants 

seeking initial specific licenses or 

specific licensees seeking renewals to 

demonstrate in sufficient detail that the 

design of the ISFSI or monitored 

retrievable storage installation (MRS) is 

capable of performing the intended 

functions for the term requested in the 

application. 

3. Section 72.42, Duration of license; 

renewal. 

The proposed rule change to 

§ 72.42(a) would extend the term for 

both an initial specific license and a 

license renewal from a term of 20 years 

to a term not to exceed 40 years. The 

proposed rule change would also add a 

requirement that specific licensees 

seeking renewals submit a time-limited 

aging analysis and a description of the 

aging management program. Any license 

renewal application will be required to 

include an analysis that considers the 

effects of aging on SSCs important to 

safety for the requested renewal term. 

The proposed rule change to 

§ 72.42(b) would add language to 

require applications for license renewal 

to include design bases information as 

documented in the most recently 

updated final safety analysis report 

(FSAR) as required by § 72.70. 

4. Section 72.212, Conditions of general 

license issued under § 72.210. 

The proposed rule would make 

several changes to § 72.212. The 

proposed rule would revise 

§ 72.212(a)(3) by changing the general 

license term from 20 years after the date 

that the particular cask is first used by 

the general licensee to one that shall not 

exceed the term certified by the cask’s 

CoC after the date that the particular 

cask is first used by the general licensee. 

Similarly, the termination of the general 

license, following any renewal, is 

changed from 20 years after the renewal 

date to the expiration date set forth in 

the renewed CoC. The proposed rule 

would change the cask removal from 

service requirement from a storage 

period not to exceed 20 years following 

the expiration of the cask’s CoC, to one 

that shall not exceed the term certified 

by the cask’s CoC following the 

expiration of the cask’s CoC. In 

addition, the proposed rule would 

substitute the term ‘‘certificate holder’’ 

for the term ‘‘cask vendor’’ and the term 

‘‘renewal’’ for ‘‘reapproval’’ with respect 

to cask designs. The proposed rule 

would retain the language that if a CoC 

holder does not renew a particular cask 

CoC, a general licensee using casks of 

that design may apply for design 

renewal under § 72.240. 

The proposed rule would amend 

§ 72.212(b), including changes to 

redesignate and reorganize the 

provisions of that section. The following 

table cross references the proposed 

regulations with the current regulations. 

Use of ‘‘modified’’ in Table 1 refers to 

a rule whose content has been modified. 

Remaining table entries are either new 

rules or rules that have been 

renumbered but whose content is 

unchanged. 

TABLE 1—CROSS REFERENCE OF PROPOSED REGULATIONS WITH CURRENT REGULATIONS

Proposed rule Current rule 

§ 72.212(b)(1) .................................................................................................................................................... § 72.212(b)(1)(i). 

§ 72.212(b)(2) .................................................................................................................................................... § 72.212(b)(1)(ii) (modified). 

§ 72.212(b)(3) .................................................................................................................................................... New. 

§ 72.212(b)(4) .................................................................................................................................................... New. 

§ 72.212(b)(5) .................................................................................................................................................... § 72.212(b)(2)(i) (modified). 

§ 72.212(b)(5)(i) ................................................................................................................................................. § 72.212(b)(2)(i)(A). 

§ 72.212(b)(5)(ii) ................................................................................................................................................ § 72.212(b)(2)(i)(B). 

§ 72.212(b)(5)(iii) ............................................................................................................................................... § 72.212(b)(2)(i)(C). 

§ 72.212(b)(6) .................................................................................................................................................... § 72.212(b)(3) (modified). 

§ 72.212(b)(7) .................................................................................................................................................... § 72.212(b)(2)(ii) (modified). 

§ 72.212(b)(8) .................................................................................................................................................... § 72.212(b)(4) (modified). 

§ 72.212(b)(9) .................................................................................................................................................... § 72.212(b)(5). 

§ 72.212(b)(9)(i) ................................................................................................................................................. § 72.212(b)(5)(i). 

§ 72.212(b)(9)(ii) ................................................................................................................................................ § 72.212(b)(5)(ii). 

§ 72.212(b)(9)(iii) ............................................................................................................................................... § 72.212(b)(5)(iii). 

§ 72.212(b)(9)(iv) ............................................................................................................................................... § 72.212(b)(5)(iv). 

§ 72.212(b)(9)(v) ................................................................................................................................................ § 72.212(b)(5)(v). 

§ 72.212(b)(9)(vi) ............................................................................................................................................... § 72.212(b)(5)(vi). 

§ 72.212(b)(10) .................................................................................................................................................. § 72.212(b)(6). 

§ 72.212(b)(11) .................................................................................................................................................. § 72.212(b)(7) (modified). 

§ 72.212(b)(12) .................................................................................................................................................. § 72.212(b)(8)(i). 

§ 72.212(b)(12)(i) ............................................................................................................................................... § 72.212(b)(8)(i)(A). 

§ 72.212(b)(12)(ii) .............................................................................................................................................. § 72.212(b)(8)(i)(B). 

§ 72.212(b)(12)(iii) ............................................................................................................................................. § 72.212(b)(8)(i)(C). 

§ 72.212(b)(13) .................................................................................................................................................. § 72.212(b)(9). 

§ 72.212(b)(14) .................................................................................................................................................. § 72.212(b)(10). 

§ 72.212(c) ......................................................................................................................................................... § 72.212(b)(8)(ii) (modified). 

§ 72.212(d) ........................................................................................................................................................ § 72.212(b)(8)(iii) (modified). 

§ 72.212(e) ........................................................................................................................................................ § 72.212(b)(1)(iii). 

The proposed rule would redesignate 

§ 72.212(b)(1)(i) as § 72.212(b)(1) and 

would make minor editorial changes to 

this provision. 

The proposed rule would redesignate 

§ 72.212(b)(1)(ii) as § 72.212(b)(2) and 

further revise the provision to add a 

requirement that general licensees, 

when registering a cask no later than 30 

days after loading, include the CoC 

amendment number, if applicable. 


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The proposed rule would add a new 

provision, § 72.212(b)(3), that 

emphasizes the requirement that general 

licensees must conform to the terms, 

conditions, and specifications of a CoC 

or an amended CoC listed in § 72.214. 

Partial or selective application of the 

terms, conditions, and specifications of 

a CoC or an amended CoC, without prior 

NRC approval, will result in a cask that 

is in an unanalyzed condition and is 

therefore, prohibited. 

The proposed rule would add a new 

provision, § 72.212(b)(4), that would 

require registration of those previously 

loaded casks no later than 30 days after 

applying the changes authorized by an 

amended CoC. 

The proposed rule would redesignate 

§ 72.212(b)(2)(i) as § 72.212(b)(5). 

Proposed § 72.212(b)(5) would expand 

the scope of § 72.212(b)(2)(i) to require 

written evaluations before applying the 

changes authorized by an amended CoC 

to a previously loaded cask. Thus, the 

proposed rule would require a written 

evaluation before loading the cask with 

spent fuel and an additional written 

evaluation before any changes 

authorized by a CoC amendment are 

applied to a previously loaded cask. The 

proposed rule would redesignate 

§ 72.212(b)(2)(i)(A) as § 72.212(b)(5)(i) 

and revise it to specify that the written 

evaluations are to establish that the cask 

will conform to the terms, conditions, 

and specifications of a CoC or amended 

CoC after the cask is loaded with spent 

fuel or the changes authorized by an 

amended CoC have been applied. The 

proposed rule would redesignate 

§§ 72.212(b)(2)(i)(B) and (C) as 

§§ 72.212(b)(5)(ii) and (iii), respectively. 

The proposed rule would redesignate 

§ 72.212(b)(3) as § 72.212(b)(6) and 

revise it to add a reference to an 

amended CoC. 

The proposed rule would redesignate 

§ 72.212(b)(2)(ii) as § 72.212(b)(7) and 

revise it to add a requirement to 

evaluate any changes to the site 

parameters determination and analyses 

required by paragraph § 72.212(b)(6), 

using the requirements of § 72.48. 

The proposed rule would redesignate 

§§ 72.212(b)(4) through (b)(6) as 

§§ 72.212(b)(8) through (b)(10). The 

proposed rule would make changes to 

cross references and other minor 

editorial changes. Proposed 

§ 72.212(b)(9) reflects amendments 

made to § 73.55 by two recent 

rulemakings amending Part 73 (74 FR 

63573; October 24, 2008, and 74 FR 

13926; March 27, 2009). 

The proposed rule would redesignate 

§ 72.212(b)(7) as § 72.212(b)(11) and 

revise it to add references to an 

amended CoC. The proposed rule would 

also add language to clarify that a 

licensee must comply with the technical 

specifications of the CoC, in addition to 

the terms and conditions of the CoC. 

Further, added language would require 

the licensee to comply with the terms, 

conditions, and specifications of the 

amended CoC for those casks to which 

the licensee has applied the changes of 

an amended CoC. 

The proposed rule would redesignate 

§§ 72.212(b)(8)(i), (b)(9), and (b)(10) as 

§§ 72.212(b)(12), (b)(13), and (b)(14), 

respectively. 

The proposed rule would redesignate 

§§ 72.212(b)(8)(ii), (b)(8)(iii), and 

72.212(b)(1)(iii) as §§ 72.212(c), (d), and 

(e), respectively, and make conforming 

cross-reference changes. 

5. Section 72.230, Procedures for spent 

fuel storage cask submittals. 

The proposed rule would revise 

§ 72.230(b) by adding language that 

establishes the proposed term for a 

period not to exceed 40 years. The 

proposed rule would further amend 

§ 72.230(b) by replacing the words ‘‘for 

a period of at least 20 years’’ with ‘‘the 

term proposed in the application.’’ 

6. Section 72.236, Specific requirements 

for spent fuel storage cask approval and 

fabrication. 

The proposed rule would revise 

§ 72.236(g) by adding language to 

require spent fuel storage casks to be 

designed to store spent fuel safely for 

the term proposed in the application, 

eliminating the current language that 

requires the cask design to store spent 

fuel safely for a minimum of 20 years. 

7. Section 72.238, Issuance of an NRC 

Certificate of Compliance. 

The proposed rule would revise 

§ 72.238 by adding language that 

establishes the term for a CoC to be ‘‘not 

to exceed 40 years.’’ 

8. Section 72.240 Conditions for spent 

fuel storage cask renewal. 

The proposed rule would revise the 

heading of § 72.240 and the language of 

§§ 72.240(a), (b), and (d) by replacing 

the word ‘‘reapproval’’ with ‘‘renewal.’’ 

The proposed rule would further revise 

§ 72.240(a) to establish the CoC renewal 

term as one not exceeding 40 years. The 

proposed rule would further revise 

§ 72.240(a) to clarify that the certificate 

holder is the entity expected to apply 

for renewal of the CoC, although in the 

event that a certificate holder does not 

apply for a CoC renewal, any general 

licensee using that particular cask 

design may then apply for renewal of 

the CoC. 

The proposed rule would add a new 

§ 72.240(c) which would require that the 

safety analysis report (SAR) 

accompanying the renewal application 

must include design bases information 

as documented in the most recently 

updated FSAR, a time-limited aging 

analysis of structures, systems, and 

components important to safety, and a 

description of the program for 

management of issues associated with 

aging that could adversely affect 

structures, systems, and components 

important to safety. The proposed rule 

would redesignate § 72.240(c) as 

§ 72.240(d) and revise it to add a 

requirement that any CoC renewal 

application must demonstrate 

compliance with Subpart G of Part 72, 

the quality assurance provisions. The 

proposed rule also revises the last 

sentence of the provision to improve its 

readability. 

IV. Criminal Penalties 

For the purpose of Section 223 of the 

Atomic Energy Act (AEA), the 

Commission is proposing to amend Part 

72 under one or more of Sections 161b, 

161i, or 161o of the AEA. Willful 

violations of the rule would be subject 

to criminal enforcement. 

V. 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 by the AEA, as amended, or 

the provisions of Title 10 of the 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. 

VI. 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 proposed rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the NRC as explained in the 

ADDRESSES caption of this document. 


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VII. 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 proposed rule, the 

NRC would clarify the terms for dry 

spent fuel storage cask designs, or CoCs, 

and ISFSI licenses. In addition, the 

proposed action also allows Part 72 

general licensees to implement changes 

authorized by an amended CoC to a cask 

loaded under the initial CoC or an 

earlier amended CoC (a ‘‘previously 

loaded cask’’). These actions do not 

constitute the establishment of a 

standard that establishes generally 

applicable requirements. 

VIII. 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. The proposed amendments are 

procedural in nature whereby extended 

license and CoC terms and the 

implementation of CoC amendments to 

previously loaded casks could be 

achieved by exemptions under the 

current regulations. They will not have 

a significant incremental effect on the 

environment. Therefore, the NRC has 

determined that an environmental 

impact statement is not necessary for 

this rulemaking. 

The determination of this 

environmental assessment is that there 

will be no significant impact to the 

public from this action. However, the 

general public should note that the NRC 

welcomes public participation. 

Comments on any aspect of the 

Environmental Assessment may be 

submitted to the NRC as indicated 

under the ADDRESSES heading in this 

document. 

The NRC has sent a copy of the 

Environmental Assessment and this 

proposed rule to every State Liaison 

Officer and requested their comments 

on the Environmental Assessment. The 

Environmental Assessment may be 

examined at the NRC Public Document 

Room, Room O–1F21, 11555 Rockville 

Pike, Rockville, MD 20852. 

IX. Paperwork Reduction Act 

Statement 

This proposed rule contains new or 

amended information collection 

requirements that are subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). This rule has been 

submitted to the Office of Management 

and Budget (OMB) for review and 

approval of the information collection 

requirements. 

Type of submission, new or revision: 

Revision. 

The title of the information collection: 

10 CFR Part 72, ‘‘License and Certificate 

of Compliance Terms’’. 

The form number if applicable: Not 

applicable. 

How often the collection is required: 

On occasion. 

Who will be required or asked to 

report: Nuclear power plant licensees 

who operate and maintain an ISFSI 

under the general license provisions of 

10 CFR Part 72, site-specific ISFSI 

licensees, and CoC holders for spent 

nuclear fuel dry cask storage designs. 

An estimate of the number of annual 

responses: 109.6 (or approximately 329 

responses over three years). This 

includes 101.6 annual responses + 8 

annual recordkeepers. 

The estimated number of annual 

respondents: 46. 

An estimate of the total number of 

hours needed annually to complete the 

requirement or request: ¥39 hours 

(savings of 39 hours) 

Abstract: The proposed rule amends 

Part 72 to clarify the terms for dry spent 

fuel storage cask designs, or CoCs, and 

ISFSI licenses. Specifically, the 

proposed rule changes would allow for 

longer initial and renewal terms for Part 

72 CoCs and licenses, clarify the general 

license storage term, and clarify the 

difference between CoC ‘‘reapproval’’ 

and ‘‘renewal.’’ In addition, the 

proposed rule also allows Part 72 

general licensees to implement changes 

authorized by an amended CoC to a cask 

loaded under the initial CoC or an 

earlier amended CoC (a ‘‘previously 

loaded cask’’) without NRC approval, 

provided the cask then conforms to the 

terms, conditions, and specifications of 

the amended CoC. Specifically, the draft 

proposed rule results in changes to 

information collection requirements in 

Sections 72.42, 72.212, and 72.240. 

The U.S. Nuclear Regulatory 

Commission is seeking public comment 

on the potential impact of the 

information collections contained in 

this proposed rule and on the following 

issues: 

1. Is the proposed information 

collection necessary for the proper 

performance of the functions of the 

NRC, including whether the information 

will have practical utility? 

2. Is the estimate of burden accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques? 

A copy of the Office of OMB clearance 

package may be viewed free of charge at 

the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. The OMB clearance package and 

rule are available at the NRC Web site: 

http://www.nrc.gov/public-involve/doccomment/omb/index.html for 60 days 

after the signature date of this notice 

and are also available at http:// 

www.regulations.gov. 

Send comments on any aspect of 

these proposed information collections, 

including suggestions for reducing the 

burden and on the above issues, by 

October 15, 2009 to the Records and 

FOIA/Privacy Services Branch (T–5 

F52), U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by Internet electronic mail to 

INFOCOLLECTS.Resource@NRC.GOV 

and to the NRC Desk Officer, Office of 

Information and Regulatory Affairs, 

NEOB–10202, (3150–0132), Office of 

Management and Budget, Washington, 

DC 20503. Comments received after this 

date will be considered if it is practical 

to do so, but assurance of consideration 

cannot be given to comments received 

after this date. 

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. 

X. Regulatory Analysis 

The NRC has prepared a draft 

regulatory analysis on this proposed 

regulation. The analysis examines the 

costs and benefits of the alternatives 

considered by the NRC. The NRC 

requests public comment on the draft 

regulatory analysis. Comments on the 

draft analysis may be submitted to the 

NRC as indicated under the ADDRESSES

heading of this document. The analysis 

is available for inspection in the NRC 

PDR, 11555 Rockville Pike, Rockville, 

MD 20852. 


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XI. Regulatory Flexibility Certification 

In accordance with the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605(b)), 

the Commission certifies that this rule 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This proposed rule affects only nuclear 

power plant licensees and the 

manufacturers of dry cask spent fuel 

storage systems. 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). 

XII. Backfit Analysis 

The NRC has determined that the 

backfit rule (§§ 50.109, 72.62) does not 

apply to this proposed rule because 

these amendments do not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter I. These 

amendments do not require the 

addition, elimination, or modification of 

structures, systems, or components of an 

ISFSI or of the procedures or 

organization required to operate an 

ISFSI. Therefore, a backfit analysis is 

not required. 

List of Subjects for 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Penalties, 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, 2224 (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 § 72.3, add the definition for 

‘‘Time-limited aging analyses’’ in 

alphabetical order to read as follows: 

§ 72.3 Definitions. 

* * * * * 

Time-limited aging analyses, for the 

purposes of this part, means those 

licensee or certificate holder 

calculations and analyses that: 

(1) Involve structures, systems, and 

components important to safety within 

the scope of the license renewal, as 

delineated in subpart F of this part, or 

within the scope of the spent fuel 

storage certificate renewal, as delineated 

in subpart L of this part, respectively; 

(2) Consider the effects of aging; 

(3) Involve time-limited assumptions 

defined by the current operating term, 

for example, 40 years; 

(4) Were determined to be relevant by 

the licensee or certificate holder in 

making a safety determination; 

(5) Involve conclusions or provide the 

basis for conclusions related to the 

capability of structures, systems, and 

components to perform their intended 

safety functions; and 

(6) Are contained or incorporated by 

reference in the design bases. 

3. In § 72.24, revise the introductory 

text of paragraph (c) to read as follows: 

§ 72.24 Contents of application; Technical 

information. 

* * * * * 

(c) The design of the ISFSI or MRS in 

sufficient detail to support the findings 

in § 72.40 for the term requested in the 

application, including: 

* * * * * 

4. In § 72.42, revise paragraphs (a) and 

(b) to read as follows: 

§ 72.42 Duration of license; renewal. 

(a) Each license issued under this part 

must be for a fixed period of time to be 

specified in the license. The license 

term for an ISFSI must not exceed 40 

years from the date of issuance. The 

license term for an MRS must not 

exceed 40 years from the date of 

issuance. Licenses for either type of 

installation may be renewed by the 

Commission at the expiration of the 

license term upon application by the 

licensee for a period not to exceed 40 

years and under the requirements of this 

rule. Application for renewals must 

include the following: 

(1) Time-limited aging analyses that 

demonstrate that structures, systems, 

and components important to safety will 

continue to perform their intended 

function for the requested period of 

extended operation; and 

(2) A description of the program for 

management of issues associated with 

aging that could adversely affect 

structures, systems, and components 

important to safety. 

(b) Applications for renewal of a 

license should be filed in accordance 

with the applicable provisions of 

subpart B of this part at least two years 

before the expiration of the existing 

license. The application must also 

include design bases information as 

documented in the most recently 

updated FSAR as required by § 72.70. 

Information contained in previous 

applications, statements, or reports filed 

with the Commission under the license 

may be incorporated by reference 

provided that these references are clear 

and specific. 

* * * * * 

5. In § 72.212, revise paragraphs (a)(3) 

and (b) and add paragraphs (c), (d), and 

(e) to read as follows: 

§ 72.212 Conditions of general license 

issued under § 72.210. 

(a) * * * 

(3) The general license for the storage 

of spent fuel in each cask fabricated 

under a Certificate of Compliance 

commences upon the date that the 

particular cask is first used by the 

general licensee to store spent fuel and 

shall not exceed the term certified by 

the cask’s Certificate of Compliance, 

unless the cask’s Certificate of 

Compliance is renewed, in which case 

the general license terminates when the 

cask’s Certificate of Compliance expires. 

In the event that a certificate holder 

does not apply for a certificate renewal 

under § 72.240, any cask user or user’s 

representative may apply for a 


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certificate renewal. If a Certificate of 

Compliance expires, casks of that design 

must be removed from service after a 

storage period not to exceed the term 

certified by the cask’s Certificate of 

Compliance. 

(b) The general licensee must: 

(1) Notify the Nuclear Regulatory 

Commission using instructions in § 72.4 

at least 90 days before first storage of 

spent fuel under this general license. 

The notice may be in the form of a 

letter, but must contain the licensee’s 

name, address, reactor license and 

docket numbers, and the name and 

means of contacting a person 

responsible for providing additional 

information concerning spent fuel under 

this general license. A copy of the 

submittal must be sent to the 

administrator of the appropriate Nuclear 

Regulatory Commission regional office 

listed in appendix D to part 20 of this 

chapter. 

(2) Register use of each cask with the 

Nuclear Regulatory Commission no later 

than 30 days after using that cask to 

store spent fuel. This registration may 

be accomplished by submitting a letter 

using instructions in § 72.4 containing 

the following information: the licensee’s 

name and address, the licensee’s reactor 

license and docket numbers, the name 

and title of a person responsible for 

providing additional information 

concerning spent fuel storage under this 

general license, the cask certificate 

number, the CoC amendment number to 

which the cask conforms, unless loaded 

under the initial certificate, cask model 

number, and the cask identification 

number. A copy of each submittal must 

be sent to the administrator of the 

appropriate Nuclear Regulatory 

Commission regional office listed in 

appendix D to part 20 of this chapter. 

(3) Ensure that each cask used by the 

general licensee conforms to the terms, 

conditions, and specifications of a CoC 

or an amended CoC listed in § 72.214. 

(4) In applying all the changes 

authorized by an amended CoC to a cask 

loaded under the initial CoC or an 

earlier amended CoC, register each such 

cask with the Nuclear Regulatory 

Commission no later than 30 days after 

applying the changes authorized by the 

amended CoC. This registration may be 

accomplished by submitting a letter 

using instructions in § 72.4 containing 

the following information: the licensee’s 

name and address, the licensee’s reactor 

license and docket numbers, the name 

and title of a person responsible for 

providing additional information 

concerning spent fuel storage under this 

general license, the cask certificate 

number, the CoC amendment number to 

which the cask conforms, cask model 

number, and the cask identification 

number. A copy of each submittal must 

be sent to the administrator of the 

appropriate Nuclear Regulatory 

Commission regional office listed in 

appendix D to part 20 of this chapter. 

(5) Perform written evaluations, 

before use and before applying the 

changes authorized by an amended CoC 

to a cask loaded under the initial CoC 

or an earlier amended CoC, which 

establish that: 

(i) The cask, once loaded with spent 

fuel or once the changes authorized by 

an amended CoC have been applied, 

will conform to the terms, conditions, 

and specifications of a CoC or an 

amended CoC listed in § 72.214; 

(ii) Cask storage pads and areas have 

been designed to adequately support the 

static and dynamic loads of the stored 

casks, considering potential 

amplification of earthquakes through 

soil-structure interaction, and soil 

liquefaction potential or other soil 

instability due to vibratory ground 

motion; and 

(iii) The requirements of § 72.104 

have been met. A copy of this record 

shall be retained until spent fuel is no 

longer stored under the general license 

issued under § 72.210. 

(6) Review the Safety Analysis Report 

referenced in the CoC or amended CoC 

and the related NRC Safety Evaluation 

Report, prior to use of the general 

license, to determine whether or not the 

reactor site parameters, including 

analyses of earthquake intensity and 

tornado missiles, are enveloped by the 

cask design bases considered in these 

reports. The results of this review must 

be documented in the evaluation made 

in paragraph (b)(5) of this section. 

(7) Evaluate any changes to the 

written evaluations required by 

paragraph (b)(5) of this section, and any 

changes to the site parameters 

determination and analyses required by 

paragraph (b)(6) of this section, using 

the requirements of § 72.48(c). A copy of 

this record shall be retained until spent 

fuel is no longer stored under the 

general license issued under § 72.210. 

(8) Before use of the general license, 

determine whether activities related to 

storage of spent fuel under this general 

license involve a change in the facility 

Technical Specifications or require a 

license amendment for the facility 

pursuant to § 50.59(c)(2) of this chapter. 

Results of this determination must be 

documented in the evaluations made in 

paragraph (b)(5) of this section. 

(9) Protect the spent fuel against the 

design basis threat of radiological 

sabotage in accordance with the same 

provisions and requirements as are set 

forth in the licensee’s physical security 

plan pursuant to § 73.55 of this chapter 

with the following additional conditions 

and exceptions: 

(i) The physical security organization 

and program for the facility must be 

modified as necessary to assure that 

activities conducted under this general 

license do not decrease the effectiveness 

of the protection of vital equipment in 

accordance with § 73.55 of this chapter. 

(ii) Storage of spent fuel must be 

within a protected area, in accordance 

with § 73.55(e) of this chapter, but need 

not be within a separate vital area. 

Existing protected areas may be 

expanded or new protected areas added 

for the purpose of storage of spent fuel 

in accordance with this general license; 

(iii) For the purpose of this general 

license, personnel searches required by 

§ 73.55(h) of this chapter before 

admission to a new protected area may 

be performed by physical pat-down 

searches of persons in lieu of firearms 

and explosives detection equipment; 

(iv) The observational capability 

required by § 73.55(i)(3) of this chapter 

as applied to a new protected area may 

be provided by a guard or watchman on 

patrol in lieu of video surveillance 

technology; and 

(v) Each general licensee that receives 

and possesses power reactor spent fuel 

and other radioactive materials 

associated with spent fuel storage shall 

protect Safeguards Information against 

unauthorized disclosure in accordance 

with the requirements of § 73.21 and the 

requirements of § 73.22 or § 73.23 of this 

chapter, as applicable; and 

(vi) For the purpose of this general 

license, the licensee is exempt from 

requirements to interdict and neutralize 

threats in § 73.55(k) of this chapter. 

(10) Review the reactor emergency 

plan, quality assurance program, 

training program, and radiation 

protection program to determine if their 

effectiveness is decreased and, if so, 

prepare the necessary changes and seek 

and obtain the necessary approvals. 

(11) Maintain a copy of the CoC and, 

for those casks to which the licensee has 

applied the changes of an amended CoC, 

the amended CoC, and the documents 

referenced in such Certificates, for each 

cask model used for storage of spent 

fuel, until use of the cask model is 

discontinued. The licensee shall comply 

with the terms, conditions, and 

specifications of the CoC and, for those 

casks to which the licensee has applied 

the changes of an amended CoC, the 

terms, conditions, and specifications of 

the amended CoC. 

(12) Accurately maintain the record 

provided by the cask supplier for each 

cask that shows, in addition to the 


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information provided by the cask 

vendor, the following: 

(i) The name and address of the cask 

vendor or lessor; 

(ii) The listing of spent fuel stored in 

the cask; and 

(iii) Any maintenance performed on 

the cask. 

(13) Conduct activities related to 

storage of spent fuel under this general 

license only in accordance with written 

procedures. 

(14) Make records and casks available 

to the Commission for inspection. 

(c) The record described in paragraph 

(b)(12) of this section must include 

sufficient information to furnish 

documentary evidence that any testing 

and maintenance of the cask has been 

conducted under an NRC-approved 

quality assurance program. 

(d) In the event that a cask is sold, 

leased, loaned, or otherwise transferred 

to another registered user, the record 

described in paragraph (b)(12) of this 

section must also be transferred to and 

must be accurately maintained by the 

new registered user. This record must be 

maintained by the current cask user 

during the period that the cask is used 

for storage of spent fuel and retained by 

the last user until decommissioning of 

the cask is complete. 

(e) Fees for inspections related to 

spent fuel storage under this general 

license are those shown in § 170.31 of 

this chapter. 

6. In § 72.230, revise paragraph (b) to 

read as follows: 

§ 72.230 Procedures for spent fuel storage 

cask submittals. 

* * * * * 

(b) Casks that have been certified for 

transportation of spent fuel under part 

71 of this chapter may be approved for 

storage of spent fuel under this subpart. 

An application must be submitted in 

accordance with the instructions 

contained in § 72.4, for a proposed term 

not to exceed 40 years. A copy of the 

CoC issued for the cask under part 71 

of this chapter, and drawings and other 

documents referenced in the certificate, 

must be included with the application. 

A safety analysis report showing that 

the cask is suitable for storage of spent 

fuel, for the term proposed in the 

application, must also be included. 

* * * * * 

7. In § 72.236, revise paragraph (g) to 

read as follows: 

§ 72.236 Specific requirements for spent 

fuel storage cask approval and fabrication. 

* * * * * 

(g) The spent fuel storage cask must 

be designed to store the spent fuel safely 

for the term proposed in the application, 

and permit maintenance as required. 

* * * * * 

8. Revise § 72.238 to read as follows: 

§ 72.238 Issuance of an NRC Certificate of 

Compliance. 

A Certificate of Compliance for a cask 

model will be issued by NRC for a term 

not to exceed 40 years on a finding that 

the requirements in § 72.236(a) through 

(i) are met. 

9. Revise § 72.240 to read as follows: 

§ 72.240 Conditions for spent fuel storage 

cask renewal. 

(a) The certificate holder may apply 

for renewal of the design of a spent fuel 

storage cask for a term not to exceed 40 

years. In the event that a certificate 

holder does not apply for a cask design 

renewal, any licensee that uses this cask 

model under the general license issued 

under § 72.210 may apply for a renewal 

of that cask design for a term not to 

exceed 40 years. 

(b) The application for renewal of the 

design of a spent fuel storage cask must 

be submitted not less than 30 days 

before the expiration date of the CoC. 

When the applicant has submitted a 

timely application for renewal, the 

existing CoC will not expire until the 

application for renewal has been 

determined by the NRC. 

(c) The application must be 

accompanied by a safety analysis report 

(SAR). The SAR must include the 

following: 

(1) Design bases information as 

documented in the most recently 

updated final safety analysis report 

FSAR as required by § 72.248; and 

(2) Time-limited aging analyses that 

demonstrate that structures, systems, 

and components important to safety will 

continue to perform their intended 

function for the requested period of 

extended operation; and 

(3) A description of the program for 

management of issues associated with 

aging that could adversely affect 

structures, systems, and components 

important to safety. 

(d) The design of a spent fuel storage 

cask will be renewed if the conditions 

in subpart G of this part and § 72.238 are 

met, and the application includes a 

demonstration that the storage of spent 

fuel has not, in a significant manner, 

adversely affected structures, systems, 

and components important to safety. 

Dated at Rockville, Maryland, this 8th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–22126 Filed 9–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 3 

[Docket ID: OCC–2009–0012] 

RIN 1557–AD26 

FEDERAL RESERVE SYSTEM 

12 CFR Parts 208 and 225 

[Regulations H and Y; Docket No. R–1368] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 325 

RIN 3064–AD48 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 567 

[No. OTS–2009–0015] 

RIN 1550–AC36 

Risk-Based Capital Guidelines; Capital 

Adequacy Guidelines; Capital 

Maintenance: Regulatory Capital; 

Impact of Modifications to Generally 

Accepted Accounting Principles; 

Consolidation of Asset-Backed 

Commercial Paper Programs; and 

Other Related Issues 

AGENCY: Office of the Comptroller of the 

Currency, Department of the Treasury; 

Board of Governors of the Federal 

Reserve System; Federal Deposit 

Insurance Corporation; and Office of 

Thrift Supervision, Department of the 

Treasury. 

ACTION: Notice of proposed rulemaking 

with request for public comment. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC), Board of 

Governors of the Federal Reserve 

System (Board), Federal Deposit 

Insurance Corporation (FDIC), and the 

Office of Thrift Supervision (OTS) 

(collectively, the agencies) are 

requesting comment on a proposal to 

modify their general risk-based and 

advanced risk-based capital adequacy 

frameworks to eliminate the exclusion 

of certain consolidated asset-backed 

commercial paper programs from riskweighted assets and provide a 

reservation of authority in their general 

risk-based and advanced risk-based 

capital adequacy frameworks to permit 

the agencies to require banking 

organizations to treat entities that are 


sroberts on DSKD5P82C1PROD with PROPOSALS