This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

52430 

Vol. 74, No. 196 

Tuesday, October 13, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2009–0349] 

RIN 3150—AI71 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 7 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage cask 

regulations by revising the Holtec 

International (Holtec) HI–STORM 100 

dry storage cask system listing within 

the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 7 to Certificate of Compliance (CoC) 

Number 1014. Amendment No. 7 would 

modify the CoC to add the HI–STORM 

100U system to the HI–STORM 100 cask 

system. The HI–STORM 100U system 

allows for the underground storage of 

dry spent nuclear fuel (SNF) by utilizing 

an underground vertical ventilated 

module (VVM) that can accept certain 

multipurpose canisters (MPCs) 

previously certified for storage of SNF 

in the Holtec aboveground HI–STORM 

system. In addition, the amendment 

would reinstate the decay heat limits for 

damaged fuel and fuel debris in 

Appendix B, Technical Specification 

(TS) 2.4, for the aboveground system 

that had been inadvertently deleted 

from Amendment Nos. 5 and 6; 

incorporate separate TS Appendices A 

and B for the aboveground system 

(Apps. A and B) and for the HI–STORM 

100U system (Apps. A–100U and B– 

100U); revise Appendix B, TS 3.4.5, to 

be consistent with the required system 

thermal boundary conditions, as 

submitted in the applicant’s safety 

analysis report for a fire accident 

condition, and with Holtec’s original 

(i.e., initial certificate application or 

Amendment 0) submittal and the NRC’s 

original safety evaluation report; and 

revise and add certain definitions in 

Appendix A, TS 1.1, to include the 

VVM. The amendment will also 

incorporate minor editorial corrections 

in the TS for the aboveground system. 

DATES: Comments on the proposed rule 

must be received on or before 

November 12, 2009. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0349 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 

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–2009–0349. 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 am and 4:15 pm 

Federal workdays. (Telephone 301–415– 

1677) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

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–2009– 

0349. 

FOR FURTHER INFORMATION CONTACT: 

Neelam Bhalla, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6843, e-mail Neelam.Bhalla@nrc.gov. 

SUPPLEMENTARY INFORMATION: For 

additional supplementary information, 

see the direct final rule published in the 

Rules and Regulations section of this 

Federal Register. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment 7 to CoC No. 

1014 and does not include other aspects 

of the HI–STORM 100 design. Because 

NRC considers this action 

noncontroversial and routine, the NRC 

is publishing this proposed rule 

concurrently as a direct final rule in the 

Rules and Regulations section of this 

Federal Register. Adequate protection 

of public health and safety continues to 

be ensured. The direct final rule will 

become effective on December 28, 2009. 

However, if the NRC receives significant 

adverse comments on the direct final 

rule by November 12, 2009 then the 

NRC will publish a document that 

withdraws the direct final rule. If the 

direct final rule is withdrawn, the NRC 

will address the comments received in 

response to the proposed revisions in a 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Proposed Rules 52431 

subsequent final rule. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action in the event the direct final 

rule is withdrawn. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

1. The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

a. The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

b. The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

c. The comment raises a relevant issue 

that was not previously addressed or 

considered by the NRC staff. 

2. The comment proposes a change or 

an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

3. The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this Federal 

Register. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, 

Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended, and 5 U.S.C. 

553; the NRC is proposing to adopt the 

following amendments to 10 CFR part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

1. The authority citation for part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c),(d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

2. In § 72.214, Certificate of 

Compliance 1014 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1014. 

Initial Certificate Effective Date: May 31, 

2000. 

Amendment Number 1 Effective Date: 

July 15, 2002. 

Amendment Number 2 Effective Date: 

June 7, 2005. 

Amendment Number 3 Effective Date: 

May 29, 2007. 

Amendment Number 4 Effective Date: 

January 8, 2008. 

Amendment Number 5 Effective Date: 

July 14, 2008. 

Amendment Number 6 Effective Date: 

August 17, 2009 

Amendment Number 7 Effective Date: 

December 28, 2009. 

SAR Submitted by: Holtec International. 

SAR Title: Final Safety Analysis Report 

for the HI–STORM 100 Cask System. 

Docket Number: 72–1014. 

Certificate Expiration Date: May 31, 

2020. 

Model Number: HI–STORM 100 System. 

* * * * * 

Dated at Rockville, Maryland, this 24th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–24562 Filed 10–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0906; Directorate 

Identifier 2009–NM–075–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100, 747–100B, 747–100B 

SUD, 747–200B, 747–200C, 747–200F, 

747–300, 747–400, 747–400D, 747– 

400F, 747SR, and 747SP Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 747 series airplanes. This 

proposed AD would require replacing 

the power control relays for the main 

tank fuel boost pumps and jettison 

pumps, and the center tank scavenge 

pump, as applicable, with new relays 

having a ground fault interrupt (GFI) 

feature. The proposed AD also would 

require revising the maintenance 

program to incorporate Airworthiness 

Limitations (AWLs) No. 28–AWL–23 

(for Model 747–100, 747–100B, 747– 

100B SUD, 747–200B, 747–200C, 747– 

200F, 747–300, 747SP, and 747SR series 

airplanes), and Nos. 28–AWL–28 and 

28–AWL–29 (for Model 747–400, 747– 

400D, and 747–400F series airplanes). 

This proposed AD results from fuel 

system reviews conducted by the 

manufacturer. We are proposing this AD 

to prevent damage to the fuel pumps 

caused by electrical arcing that could 

introduce an ignition source in the fuel 

tank, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS